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04-15-2024 Agenda Packet
AGENDA CITY COUNCIL MEETING April 15, 2024 - 6:00 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244 190 036#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. Donations to 360 Communities and Open Door Pantry from the Lakeville Liquors Customers b. 2024 Arbor Day Proclamation c. Fire Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 04/01/2024 City Council Meeting c. Minutes of the 04/01/2024 Special City Council Meeting d. Resolution accepting donations from customers of the Lakeville Municipal Liquor Stores. e. Approval of the 2023 Shade Tree Program Bonding Grant for EAB management. f. Remote Work Policy g. Contract for Annual Hydrant Painting h. Teamsters Memorandums of Understanding i. Central Maintenance Facility Cold Storage Materials Fabric Structure j. Contract to Upgrade City Hall Service Windows to ADA Standards Page 1 of 276 City Council Meeting Agenda April 15, 2024 Page 2 k. Agreement with Davey Resource Group for Professional Services for Vegetation Management l. Agreement with Metropolitan Council for Volunteer Lake Monitoring Program m. Agreements with MOM Brands for Site Improvement Performance and Stormwater Maintenance 7. Action Items a. Public Hearing for Wellhead Protection Plan Part 2 b. Public Hearing to vacate easement and consider final plat of Interstate Second Addition c. Autumn Hill Preliminary Plat 8. Unfinished Business 9. New Business 10. Announcements a. Next Work Session April 22, 2024, Lakeville City Hall - Lake Marion Conference Room b. Next Regular City Council Meeting May 6, 2024 11. Adjourn Page 2 of 276 Date: 4/15/2024 Donations to 360 Communities and Open Door Pantry from the Lakeville Liquors Customers Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 3 of 276 Date: 4/15/2024 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview A summary of the claims paid during the period 02/28/2024 – 04/10/2024 is as follows: Checks 322190-322307 $702,243.68 ACH 16365-16486 $704,777.82 Electronic Funds Transfer (EFT) 20240179- 20240217 $1,861,315.21 Total $3,268,336.71 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 4.9.24CKSUM 2. Check Register 4.9.24 for Apr 15, 2024 Council Mtg Financial Impact: $3,268,336.71 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 4 of 276 4/11/2024City of Lakeville 9:32:28R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/10/20242/28/2024 - Company Amount 377,177.7201000GENERAL FUND 6,943.2402000COMMUNICATIONS FUND 69,490.8904000BUILDING FUND 128,780.2204100EQUIPMENT FUND 7,270.6404125TECHNOLOGY FUND 5,327.5004500PARK IMPROVEMENT FUND 18,750.00047002022 C PARK BONDS 649.0005125MENASHA TIF 649.0005126BTD MANUFACTURING TIF 649.0005129LAUNCH PROPERTIES TIF 649.0005130SCHNEIDERMANS TIF 23 649.0005131QA1 TIF 24 140.9305300PAVEMENT MANAGEMENT FUND 9,099.6305500WATER TRUNK FUND 4,447.5005600SANITARY SEWER TRUNK FUND 189,012.00065902023 "" STREET RECONSTRUCTION 24,758.500659524-02 STREET RECONSTRUCTION 2,724.6107450ENVIRONMENTAL RESOURCES FUND 17,194.6907550UTILITY FISCAL ADMINISTRATION 33,466.1007575STREET LIGHTING FUND 117,578.7907600WATER FUND 7,966.8307700SEWER FUND 688,327.9007800LIQUOR FUND 1,905.0007900MUNICIPAL RESERVES FUND 382.5108000ESCROW FUND - DEVELOPERS/BUILD 1,164.80-08910 ESCROW - DCA/SECTION 125 347,423.9508950DAKOTA 911 - OPERATING FUND 66,112.4208970LAKEVILLE ARENAS - OPERATIONS 1,141,974.9409800PAYROLL CLEARING FUND Report Totals 3,268,336.71 Page 5 of 276 MINUTES CITY COUNCIL MEETING April 1, 2024 - 6:00 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Acting Mayor Lee called the meeting to order at 6:00 p.m. 2.Roll Call Members Present: Acting Mayor Lee, Council Members Bermel, Volk, Wolter Members Absent: Mayor Hellier Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; John Hennen, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments Cindy Graham, 20480 Holyoke Avenue, addressed her concerns with the rising number of pan-handlers in Lakeville. 4.Additional agenda information Council members have a revised Contract tonight for Item J. on the consent agenda. 5.Presentations/Introductions a.National Day of Prayer Proclamation Acting Mayor Lee proclaimed May 2nd as a National Day of Prayer. b.Public Works Department Quarterly Report Public Works Director Paul Oehme presented the Quarterly Report. 6.Consent Agenda Motion was made by Bermel, seconded by Wolter, to approve the following: Voice vote was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter a.Check Register Summary b.Minutes of the 03/18/2024 City Council Meeting c.Agreement with Tennis West, LLC for 2024 Court Resurfacing d.Resolution No. 24-037 to Support an Application of a Metropolitan Council Water Efficiency Grant Page 6 of 276 City Council Meeting Minutes April 1, 2024 Page 2 e.Northland Collision Conditional Use Permit Amendment f.Agreement with AmeriCorps for Climate Impact Corps Member for Forestry Division g.Agreement with Friedges Contracting Company, LLC for General Site Improvements at Avonlea Community Park: CIP #24-20 h.Agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park Shade Structures and Installation of Custom Shade Sail System i.Professional Services Agreement with RJM Construction j.Agreement with EMI Audio for the Antlers Park Building Sound System k.Agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park Splash Pad and Installation 7.Action Items a.Public hearing on the application for Phoenix Cove Event Center, LLC DBA "Phoenix Hall Event Center" for an On-Sale Wine and On-Sale 3.2% Malt Liquor License City Clerk Orlofsky provided a brief background on the application. Phoenix Hall will begin to offer a dining experience from 9:00 a.m. to 3:00 p.m. and would like to offer beer and wine for those events. Acting Mayor Lee opened the public hearing at 6:24 p.m. There were no comments from the public. Motion was made by Volk, seconded by Bermel, to close the public hearing at 6:25 p.m. Voice vote was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter Motion was made by Bermel, seconded by Wolter, to grant an on-sale wine and on-sale 3.2% malt liquor license for Phoenix Hall Event Center located at 20732 Holt Avenue. Roll call was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter b.Public Hearing and Award of Contract for the 2024 Street Reconstruction/Rehabilitation Improvement Project 24-02 Public Works Director Paul Oehme presented the staff report for the 2024 Street Reconstruction/Rehabilitation Improvement Project 24-02. Council asked staff questions related to assessment charges and the policy requirements. Acting Mayor Lee opened the public hearing at 6:38 pm. Bradley Anderson, 20048 Italy Avenue, addressed his concerns about the cost of the project. He does not feel this will improve his property value at all. Sam Wilson, 20066 Italy Avenue, asked why the curbs had to be installed with this Page 7 of 276 City Council Meeting Minutes April 1, 2024 Page 3 project. They have not had curb and gutter in this neighborhood for 32 years. Oehme explained that the curb and gutter will help improve some of the drainage issues in the neighborhood. Jennifer Buie, 20068 Italy Avenue, asked how many people were in favor of the curb and gutter in this neighborhood. Public Work's Director Paul Oehme explained that the majority of the neighborhood was in favor of the curb and gutter at the neighborhood meeting. The assessment would be reduced by $900.00 if the removed the curb and gutter. Mike Mrozek, 20064 Italy Avenue, echoed his neighbor's comments. There is not a return on investment. The water in the neighborhood has been doing what it does for the last 32 years. They don't feel the curb and gutter will change or improve the drainage. Cindy Grahm, 20480 Holyoke Avenue, has concerns about more traffic using this street after the project is complete. She is worried there will be a pedestrian accident. Heather Anderson, 20048 Italy Avenue, she is opposed to the assessment in general. She pays taxes and the City should repair her road. Had the road been maintained properly it would not need to be repaired. She added that the curb and gutter is more of a beautification project than an improvement project. Kenneth LaBoone, 20072 Italy Avenue, he thanked the City for being transparent with the residents. He and his wife have seen Italy Avenue flood four times since 1984. He would like to better understand how the improvements will help shed the water from the street. Robert McCarty, 18482 Jaeger Path, spoke about the pond that drains near his property. He would like to know how this pond will be impacted during this project. Motion was made by Bermel, seconded by Volk to close the public hearing at 7:01 p.m. Voice vote was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter Council discussed the cost of assessments, the possibilities to change the City's assessment policy, as well as drainage and grade improvements for Italy Avenue. Director Oehme explained that the current condition of Italy Avenue is due to fact that water cannot escape the road, so the water begins to deteriorate the condition of the road. The addition of curb and gutter will help move the water off the road and extend the pavements lifetime. The City Attorney would not recommend deviating from the current policy. The City Council would like to keep the policy discussion on a future agenda to see if abatement is an option. Page 8 of 276 City Council Meeting Minutes April 1, 2024 Page 4 Motion was made by Bermel, seconded by Volk, to approve 1) resolution awarding contract to McNamara Contracting, Inc for the 2024 Street Reconstruction/Rehabilitation Project, City Project 24-02; 2) resolution adopting assessments for city improvement project 24-02; 3) resolution authorizing funding and 2024 budget amendments and fund transfers; and 4) approve proposals with WSB and Braun Intertec for professional services. Roll call was taken on the motion. Ayes - Lee, Bermel, Volk Nay - Wolter c.Public Hearing and Resolution Adopting Assessment For Unpaid Special Charges Acting Mayor Lee opened the public hearing at 7:35 p.m. on the certification for assessments and unpaid special charges. A brief presentation was made by Finance Director Erickson. The unpaid charges include delinquent utilities in the amount of $8,320.55, nuisance abatement on nineteen properties in the amount of $5,686.51, and false alarm deeds on two properties in the amount of $1,097.50. The assessment rolls will be forwarded to Dakota County for collection with other taxes. There were no questions or comments from the public. Motion was made by Volk, seconded by Wolter, to close the public hearing at 7:36 p.m. Voice vote was taken on the motion. Ayes - Bermel, Lee, Volk, Wolter Motion was made by Wolter, seconded by Volk, to approve Resolution No. 24-041 adopting assessments for the unpaid special charges. Roll call was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter 8.Unfinished Business None 9.New Business None 10.Announcements a.Next Regular City Council Meeting, April 15, 2024 b.Next Work Session Meeting, April 22, 2024 11.Adjourn to a closed session (Minn. Stat. 13D.05, subd.3(b)(3)) a.Closed Session—Attorney-Client Privileged Discussion of Proposed Settlement Terms in City of Lakeville v. Julie A. Larson et al., 19HA-CV-21-3756. The City Council may close the meeting as permitted by Minn. Stat. § 13D.05, subd. 3(b) to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential settlement, and strategy regarding the above legal action. Motion was made by Volk, seconded by Bermel, to adjourn to a closed session as permitted by Minn. Stat. § 13D.05, subd. 3(b) to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential settlement, and strategy regarding the City of Lakeville v. Julie A. Larson. Page 9 of 276 City Council Meeting Minutes April 1, 2024 Page 5 Roll call was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Joshua Lee, Acting Mayor Page 10 of 276 CITY OF LAKEVILLE SPECIAL CITY COUNCIL MEETING MINUTES April 1, 2024 1. Acting Mayor Lee called the meeting to order at 7: 38 p.m. Members Present: Acting Mayor Lee, Council Members Bermel, Wolter, and Volk Members Absent: Mayor Hellier Staff Present: Justin Miller, City Administrator, Andrea McDowell Poehler, City Attorney, Jack Brooksbank, City Attorney, Zach Johnson, City Engineer, Ann Orlofsky, City Clerk 3. Motion to Close the Special Meeting Motion was made by Volk, seconded by Wolter, to close the meeting to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential settlement, and strategy regarding the City of Lakeville v. Julie A. Larson, as permitted by Minn. Stat. § 13D.05, subd. 3(b) Roll call was taken on the motion. Ayes – Lee, Bermel, Volk, Wolter The City Council met in closed session to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential settlement, and strategy regarding the City of Lakeville v. Julie A. Larson. 5. The meeting adjourned at 8:04 p.m. Respectfully submitted, _______________________________ __________________________________ Ann Orlofsky, City Clerk Joshua Lee, Acting Mayor Page 11 of 276 Date: 4/15/2024 Resolution accepting donations from customers of the Lakeville Municipal Liquor Stores. Proposed Action Staff recommends adoption of the following motion: Motion to approve a resolution accepting donations valued at $34,714.96 on behalf of Lakeville Liquors customers to be used by 360 Communities and The Open Door Pantry. Overview The Lakeville Liquors stores hosted a fundraiser to benefit our local food shelves during the month of March 2024. Funds were raised using donation jars, round-up option at the registers, in-store auctions, ticket sales from Emporium Room events, and the sale of discounted club memberships. The total funds provided by the Lakeville Liquors stores for 360 Communities and The Open Door Pantry is $34,714.96. Donations will be split evenly. Supporting Information None Financial Impact: $34,714.96 Budgeted: No Source: Envision Lakeville Community Values: A sense of community value and belonging Report Completed by: Tana Wold, Liquor Operations Director Page 12 of 276 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION ACCEPTING DONATIONS FROM CUSTOMERS OF THE LAKEVILLE MUNICIPAL LIQUOR STORES. Whereas, Minnesota Statute 465.03 requires that all gifts and donation or real or personal property be accepted only with adoption of a resolution of the governing body; and Whereas, the City of Lakeville's Liquors stores have received donations of money in the amount of $34,714.96; and Whereas, the grants and/or donations were beneficial to the department, and Whereas, the additional revenues received may require the City to incur additional expenditures in order to comply with any grant agreements or restrictions to the donations. Now, therefore it be resolved by the City Council of the City of Lakeville that the donations are hereby officially accepted and acknowledged with gratitude to the donors; and Be it further resolved that City Staff is authorized to amend the budget to comply with any grant agreements or restrictions to the donations. Approved this 15th day of April 2024 City of Lakeville _________________________ Luke M Hellier, Mayor _________________________ Ann Orlofsky, City Clerk Page 13 of 276 Date: 4/15/2024 Approval of the 2023 Shade Tree Program Bonding Grant for EAB management. Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with the Minnesota Department of Natural Resources for the 2023 Shade Tree Program Bonding Grant for EAB management. Overview The City has been awarded a grant of $338,820.00 through the Minnesota Department of Natural Resources to assist with the management of emerald ash borer through the removal and replacement of ash trees on city park lands. Funds will be used to replace ash trees with a diverse mix of new trees to improve the long term health and resiliency of Lakeville’s community forest. Currently, there are 485 ash trees located in maintained park areas. The grant project includes the removal of 150 ash trees and replanting of 300 new trees across the park system. Parks with a high percentage of ash trees where work is proposed include: Bunker Hills, Dakota Heights, Dodd Trail, Foxborough, Highview Heights, Marion Fields, Meadows, Steve Michaud, Rolling Oaks, and Sleepy Hollow. In addition, 60 trees will be planted at Aronson Park to establish trees prior to future ash tree removals. The grant funding period runs from 2024-2027 with ash tree removal and replanting scheduled to occur over three years. As this is a bonding project, declarations of city ownership of the park lands where tree removal and planting occurs will be submitted to the state. All funds spent will be reimbursed through the grant, an in-kind and cash match are not required. Supporting Information 1. Grant Agreement Financial Impact: $338,820.00 (grant funds) Budgeted: Yes Source: Forestry, Grant Reimbursement Envision Lakeville Community Values: Good Value for Public Service, Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Zachary Jorgensen, City Forester Page 14 of 276 Generic GO Bond Proceeds Ver – 10/26/20 Grant Agreement for Program Construction Grants Contract # 241678 / PO # 3-245766 General Obligation Bond Proceeds Grant Agreement - Construction Grant for the City of Lakeville Shade Tree Project under the MN NATURAL RESOURCES SHADE TREE Program 1 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 15 of 276 Generic GO Bond Proceeds i Ver – 10/26/20 Grant Agreement for Program Construction Grants TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess Funds Article III – USE CONTRACTS Section 3.01 – General Provisions Section 3.02 – Initial Term and Renewal Section 3.03 – Reimbursement of Counterparty Section 3.04 – Receipt of Monies Under a Use Contract Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01– The Advances Section 6.02 – Draw Requisitions Section 6.03 – Additional Funds Section 6.04 – Conditions Precedent to Any Advance Section 6.05 – Construction Inspections 2 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 16 of 276 Generic GO Bond Proceeds ii Ver – 10/26/20 Grant Agreement for Program Construction Grants Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by State Entity Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Project Completion Schedule Section 7.26 – Third-Party Beneficiary Section 7.27 – Public Entity Tasks Section 7.28 – State Entity and Commissioner Required Acts and Approvals. Section 7.29 – Applicability to Real Property and Facility Section 7.30 – E-Verification Section 7.31 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – PROJECT COMPLETION SCHEDULE Attachment V – GRANT APPLICATION Attachment VI – THREE YEAR MAINTENANCE PLAN 3 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 17 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants General Obligation Bond Proceeds Grant Agreement – Construction Grant for the City of Lakeville Shade Tree Project under the MN Natural Resources Shade Tree Program THIS AGREEMENT shall be effective as of February 6, 2024, and is between City of Lakeville, a Statutory City - Plan A (the “Public Entity”), and the Minnesota Department of Natural Resources, Division of Forestry (the “State Entity”). RECITALS A.The State Entity has created and is operating a MN Natural Resources Shade Tree (the “State Program”) under the authority granted by Minn. Stat. § 88.82 and all rules related to such legislation (the “State Program Enabling Legislation”). B.Under the State Program, the State Entity is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. C.Under the State Program the recipients of a grant must use such funds to perform those functions delineated in the State Program Enabling Legislation. D.The Public Entity submitted, if applicable, a grant application to the State Entity in which the Public Entity requests a grant from the State Program the proceeds of which will be used for the purposes delineated in such grant application. E.The Public Entity has applied to and been selected by the State Entity for a receipt of a grant from the State Program in an amount of $ 338,820.00 Three Hundred Thirty-Eight Thousand, Eight Hundred Twenty Dollars (the “Program Grant”), the proceeds must be used by the Public Entity to perform those functions and activities imposed by the State Entity under the State Program and, if applicable, delineated in that certain grant application (the “Grant Application”) attached hereto as Attachment V that the Public Entity submitted to the State Entity. F.Under the provisions contained in Minnesota Statute §412.221, the Public Entity has been given the authority to perform those functions and activities required of it under the State Program and, if applicable, delineated in the Grant. G.The Public Entity’s receipt and use of the Program Grant to acquire an ownership interest in and/or improve real property (the “Real Property”) and, if applicable, structures situated thereon (the “Facility”) will cause the Public Entity’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 4 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 18 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended (the “Commissioner’s Order”), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. H.The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Advance(s)” – means an advance made or to be made by the State Entity to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means this General Obligation Bond Proceeds Grant Agreement - Construction Grant for the City of Lakeville Shade Tree Project under the MN Natural Resources Shade Tree Program, as such exists on its original date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. “Architect”, if any - means Not Applicable, which will administer the Construction Contract Documents on behalf of the Public Entity. “Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. 5 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 19 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants “Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended. “Completion Date” – means December 31, 2027, the date of projected completion of the Project. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Construction Contract Documents” - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” – means the work to be performed under the Construction Contract Documents. “Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to the State Entity when an Advance is requested, as referred to in Section 6.02. “Event of Default” - means one or more of those events delineated in Section 2.07. “Facility”, if applicable, - means Not Applicable, which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. 6 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 20 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. “G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. “Grant Application” – means that certain grant application attached hereto as Attachment V that the Public Entity submitted to the State Entity. This definition is only needed and only applies if the Public Entity submitted a grant application to the State Entity. If the Public Entity did not submit a grant application to the State Entity, then this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. “Inspecting Engineer”, if any - means the State Entity's construction inspector, or its designated consulting engineer. “Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold 7 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 21 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Outstanding Balance of the Program Grant” – means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portions thereof previously paid back to the Commissioner of MMB. “Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $ ______________ or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). “Program Grant” - means a grant of monies from the State Entity to the Public Entity in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. “Project” - means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) “Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. “Real Property” - means the real property located in the County of Dakota, State of Minnesota, legally described in Attachment II to this Agreement. “Real Property/Facility Lease” - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were 8 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 22 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “State Entity” - means the entity identified as the “State Entity” in the lead-in paragraph of this Agreement. “State Program” – means the program delineated in the State Program Enabling Legislation. “State Program Enabling Legislation” – means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. “Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property and/or, if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.X, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the Program Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. 9 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 23 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. X Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ______________.) X Not applicable because there is no Facility. 10 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 24 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Acquisition of a leasehold interest in the Real Property. Acquisition of an easement for the Real Property. X Improvement of the Real Property. Acquisition of fee simple title to the Facility. Acquisition of a leasehold interest in the Facility. Construction of the Facility. Renovation of the Facility. X Remove and/or plant shade trees on public land as described in the Deliverables.. (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. 11 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 25 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A.It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B.It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C.It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. 12 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 26 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants D.This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E.It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F.It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program. G.It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H.It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I.Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J.The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K.The Project will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L.All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M.All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. 13 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 27 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants N.It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O.It will fully enforce the terms and conditions contained in any Use Contract. P.It has complied with the matching funds requirement, if any, contained in Section 7.23. Q.It will not, without the prior written consent of the State Entity and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R.It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S.It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T.It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U.The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and all such items along with, if applicable, the Facility will be situated entirely on the Real Property. 14 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 28 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants V.It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. W.It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. X.The Useful Life of the Real Property and, if applicable, Facility is 30 years. Y.It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1.It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2.It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3.Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4.It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5.It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 15 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 29 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants 6.It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7.It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8.It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9.It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10.It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11.It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. 16 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 30 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants B.The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C.The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D.The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB. A.If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any Draw Requisition, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B.If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C.If the Public Entity fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the State Program Enabling Legislation. D.If the Public Entity fails to complete the Project, or cause the Project to be completed, by the Completion Date. E.If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. 17 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 31 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants F.If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.W. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies. A.The State Entity may refrain from disbursing the Program Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B.If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C.If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D.Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which 18 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 32 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the Project is not started on or before the date that is 5 years from the effective date of this Agreement or all of the Program Grant has not been disbursed as of the date that is 4 years from the date on which the Project is started, or such later dates to which the Public Entity and the State Entity may agree in writing, then the State Entity’s obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such dates then the State Entity’s obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such dates then the State Entity shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. This provision shall not, in any way, affect the Public Entity’s obligation to complete the Project by the Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. 19 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 33 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section. 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and its contents are not needed and should be ignored and treated as if it were left blank, and any reference to this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated as if the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A.The purpose for which it was entered into must be to operate the State Program in the Real Property and, if applicable, Facility. B.It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. C.It must contain a provision stating that it is being entered into in order for the Counterparty to operate the State Program and must describe such program. D.It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the State Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the State Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the State Program. E.It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the State Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. 20 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 34 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants F.It must terminate upon the termination of the statutory authority under which the Public Entity is operating the State Program. G.It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H.If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in “private business use” under Section 141(b) of the Code. I.It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect. J.It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K.It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L.If the amount of the Program Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M.It must contain a provision that clearly states that the Public Entity is not required to renew the Use Contract beyond the original term thereof and that the Public Entity may, 21 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 35 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants at its sole option and discretion, allow the Use Contract to expire at the end of its original term and thereafter directly operate the governmental program in the Real Property and, if applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and, if applicable, Facility. Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the State Program and that the Counterparty is suited and able to perform the functions contained in Use Contract that is to be renewed, (c) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity’s voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract; provided, however, if the Public Entity does receive any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the Program Grant and the denominator of which is sum of the Program Grant and the Approved Debt. 22 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 36 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A.The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B.The sale is made as authorized by law. C.The sale is for Fair Market Value. D.The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. 23 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 37 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants A.The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B.The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C.The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. 24 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 38 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A.It will not use the Real Property or, if applicable, Facility, or use or invest the Program Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B.It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C.It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D.It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, as amended by Rev. Proc 2016-44 and Rev. Proc. 2017-13, with Revenue Procedure 97-13, as amended by Rev. Proc 2016-44 and Rev. Proc. 2017-13, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. 25 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 39 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants E.It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof.. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Program Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the Program Grant. If the amount of Program Grant that the State Entity cumulatively disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity’s obligation to make Advances shall terminate as of the dates specified in such Section even if the entire Program Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 7.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 7.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: 26 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 40 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Formula #1 Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 7.23 that have been disbursed) Formula #2 Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 6.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the Program Grant, which shall be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition shall be submitted on or between the 1st day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by the State Entity unless the Public Entity shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Real Property and, if applicable, Facility and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Public Entity shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Public Entity. 27 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 41 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 6.03 Additional Funds. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Program Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the State Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Section 6.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A.The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the Program Grant delineated in Section 1.01. B.The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23. F.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. 28 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 42 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants H.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04. K.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N.No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. 29 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 43 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants O.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the State Entity and the Public Entity dual obligees thereunder, or such other evidence as may be acceptable to the Public Entity and the State Entity. P.No determination shall have been made by the State Entity that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 6.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the State Entity that sufficient funds are available. Q.The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Section 6.05 Construction Inspections. The Public Entity and the Architect, if any, shall be responsible for making their own inspections and observations of the Construction Items, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. If any work done or materials supplied by a Contractor are not satisfactory to the Public Entity or the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Public Entity shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer, if any, may conduct such inspections of the Construction Items as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer, if any, are made and all certificates issued by the Inspecting Engineer, if any, will be issued solely for the benefit and protection of the State Entity, and the Public Entity will not rely thereon. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair 30 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 44 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. 31 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 45 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. 32 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 46 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants The Public Entity shall not, without the written consent of the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. 33 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 47 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity agrees to comply with the following provisions and requirements if such provisions and requirements are applicable. A.The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. B.Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate 34 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 48 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C.If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D.The Public Entity must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. E.The program plan and cost estimates referred to in Section 7.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F.If any of the Program Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.10.B and the program plan and cost estimates referred to in Section 7.10.C must include provisions for cost- effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G.If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. H.The Project must be: (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the 35 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 49 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Provided, however, the provisions and requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due 36 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 50 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: 37 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 51 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants To the Public Entity at: City of Lakeville LAKEVILLE CITY OF, 20195 HOLYOKE AVE LAKEVILLE , MN 55044 Attention: Zachary Jorgensen, City Forester zjorgensen@lakevillemn.gov zjorgensen@lakevillemn.gov 952-985-2724 To the State Entity at: MN Department of Natural Resources, Forestry Division 500 Lafayette Road St Paul , MN 55155 Attention: Valerie McClannahan, Urban and Community Forestry Coordinator valerie.mcclannahan@state.mn.us 651-259-5283 To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. 38 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 52 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A.The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B.The source of all funds needed to complete the Project broken down among the following categories: (i)State funds including the Program Grant, identifying the source and amount of such funds. (ii)Matching funds, identifying the source and amount of such funds. (iii)Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv)Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v)Other funds, identifying the source and amount of such funds. 39 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 53 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants C.Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the G.O. Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Project Completion Schedule. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 7.26 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.27 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.28 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. 40 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 54 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.29 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section7.30 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.31 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. Grant Project Deliverables 2023 Shade Tree Program Bonding Grants City of Lakeville Deliverables Grant Sum Total: $338,820.00 Grant Parameters •Planting trees can take place without removal. •Removals need to be considered a necessary component of replanting. •Removals conducted on streets and manicured parks must meet a minimum of one tree planted for each tree removed. •Removals conducted in park woodlands must incorporate replanting at a meaningful rate. o Removals in woodlands need to be mitigating a public safety concern or to address degraded ecosystems. o Removals must meet a minimum of one tree planted for five trees removed. Accomplishment Reports As work is completed, thoroughly address all applicable bullet points below. Add in the date of reporting (e.g. 1/1/24) and change the font color of your update to red, to show where information has been added. Continually add to this document over the lifetime of your grant, making sure that all bullet points are addressed by the time of the grant’s completion. A written update must be submitted by each reporting deadline, to ensure project is moving forward and on track to completion. Add written reports below corresponding to each reporting date: July 1, 2024 Update: January 1, 2025 Update: July 1, 2025 Update: 41 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 55 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants January 1, 2026 Update: July 1, 2026 Update: January 1, 2027 Update: July 1, 2027 Update: January 15, 2028 Final Report: Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the application: Anticipated Accomplishments: Trees Removed-150 Trees Planted-360 Project Overview and Need The City of Lakeville currently has over 500 ash trees located within the city park and trails network with most located directly adjacent to playgrounds, park trails, and parking lots where canopy loss or tree failures would have a more significant impact to park users. While these trees have been treated, multiple years of drought have led to stress, branch dieback, and decline. This project proposes to remove 150 park ash trees over a three-year period and replant at a 2:1 ratio with a diverse mix of 300 new trees. A 2:1 ratio is proposed as 30% of park ash trees are larger than 18” DBH which will result in large canopy reductions as these trees are lost. Planting will occur at the same parks where trees are removed, focusing on providing shade to high use areas of the parks including playgrounds, trails, adjacent to sports fields, and along parking lots to reduce urban heating. Work will take place across the city in developed parks with a high percentage of ash trees including Valley Lake, Rolling Oaks, Bunker Hill, Dakota Heights, Meadows, Marion Fields, and Steve Michaud Parks. In addition, 60 trees will be planted in Aronson Park to establish new tree canopy ahead of future ash removals. The tree inventory at Aronson is currently 25% ash which are also the largest providers of tree canopy in the park. Following planting, declarations will be submitted for these city park properties. Expected outcomes include a reduction in the number of ash trees in the parks with a corresponding increase in the number of new trees and long-term canopy cover growth. Without grant funding, upcoming work would need to focus largely on ash tree removal, with limited replanting and a net loss of tree canopy. Project Timeline Tree removal and planting will be scheduled over three years: 2024, 2025, and 2026. Tree Removal: January - April: Forestry staff will mark ash trees in parks with tree removals completed by April 30th of each year (2024, 2025, 2026). May - July: Stump removal in maintained park lawns will be completed by a contractor in the summer of each year (2024, 2025, 2026). October - December: Forestry staff will survey park ash trees and generate the list of ash removals for the following year (Please note, the 2024 removal list will be finalized following grant approval). (2024, 2025, 2026) 42 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 56 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Tree Planting: January - February: Forestry staff will draft planting plans, finalize species selections, and complete planting contracts for each year's tree planting operations (2024, 2025, 2026). October 2024: The first round of trees will be planted by a contractor in the fall of 2024. May - June: Tree planting operations in 2025 and 2026 will be completed by a contractor in the spring. January - June 2027: Conduct inspections, complete maintenance work, submit final reports. 2025 - 2029: Provide ongoing maintenance and replacement of dead trees per the 3 year maintenance plan. Project Budget Explanation The proposed budget for the three-year ash removal and replanting program is estimated to cost $338,820. This includes the removal of 150 ash trees, replacement planting of 300 new trees, and pre-planting of 60 trees ahead of future ash removals at Aronson Park. In each of the three years, the removal of 50 trees and stumps using contractors is estimated to cost $52,500, or approximately $1,050 per tree. Replacement planting of 100 trees per year using #10-#15 (#20 when needed) containerized tree stock or 1.5” caliper bareroot stock planted by contractors is estimated at $475 per tree, or $47,500 per year. Additionally, 60 trees will be planted during the 2025 season at Aronson Park at an estimated cost of $28,500. If removal or replanting costs are below estimates, additional ash trees will be removed and replaced. Watering bags, trunk guards, and guard ties for each of the 360 trees planted will be purchased using grant funds at an estimated total of $10,320. Contracts will be written to include prevailing wage requirements. City funds will continue to be used to treat ash trees in parks which are not scheduled to be removed during the grant period. Currently this funding allows for the treatment of approximately 900 trees per year with the goal of reducing total treatment numbers as ash trees are replaced under the EAB management plan. City funds and activities will also continue to support outreach and educational opportunities including online and printed materials used within this project. Forestry staff and funds will also be used to support ongoing maintenance and watering of the newly planted trees. Project Impacts on Priority Landscapes and Populations U.S. Census data from 2021 indicates that approximately 4% of Lakeville residents are living below the Federal Poverty Level. A Metropolitan Council summary of 2020 Census Redistricting Data indicates that BIPOC residents are 21.2% of Lakeville’s population. Ash tree removal and replacement will occur citywide within the City's park system and focus on trees adjacent to playgrounds, trails, play fields, parking lots, and other amenities where people gather and spend time outdoors. Two parks, Aronson and Village Creek, are located in the neighborhoods east of downtown Lakeville, which the Minnesota Pollution Control Agency’s interactive environmental justice map indicates as an area with 40% or more people of color and at least 35% of the population below 200% of the Federal 43 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 57 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants poverty level. Ash replacement at Village Creek will provide for long term canopy development in the active use area of the park. In Aronson Park, ash removals are not proposed as part of this project and the existing ash will continue to be treated for EAB under the City's ash treatment program. Tree planting is proposed at Aronson in order to establish new tree canopy and minimize the impact of future canopy losses when the ash trees do need to be removed. Communication City wide outreach for this project will occur though City website updates, social media posts, and in articles written for the Sun Newspaper. As the focus of this grant is the replacement of park ash trees, temporary signage will be developed and placed at the parks to provide information to park users on the tree removals as well as for the newly planted trees. Forestry staff work with Communications staff throughout the year to highlight current projects and shade tree pest management information, including EAB. Community outreach occurs through social media posts, writing articles for the Sun Newspaper, providing updates on the City’s homepage and forestry website, and filming short videos for the Lakeville Minute. Forestry staff also talk with the community at table events including the Lakeville Landscape and Home Expo and Earth Day events. The City Forester provides annual updates to the City Council and Parks, Recreation, and Natural Resources Committee on EAB management. Forestry staff will continue to mail postcards to residents prior to each year’s EAB treatments. Postcards have been mailed in the past to provide information on EAB management on public and private property, as well as to share information on oak wilt. Staff also distribute flyers and post information on the city website and social media platforms promoting the annual tree sale which includes information on EAB. Key Personnel Lakeville forestry staff involved in the project will be Zachary Jorgensen, City Forester, and Erin Andrews, Forestry Technician. Zach has a Master of Landscape Architecture degree from the University of Minnesota and a B.A. in Biology from St. John's University. He is an ISA Certified Arborist, is ISA TRAQ qualified, and a Minnesota Certified Tree Inspector. Zach has 14 years experience in urban and community forestry managing EAB and working with contractors. Erin has a B.S. in Ecology, Evolution, & Behavior from the University of Minnesota; is an ISA Certified Arborist; is ISA TRAQ qualified, and is a Minnesota Certified Tree Inspector. Erin has 5 years experience in community forestry managing EAB and working with contractors. Staff responsibilities under the proposed grant project include surveying and inspecting ash trees, marking removals, drafting contracts and specifications, submitting contracts for council review, and coordinating contractor operations. This includes the drafting of tree planting plans and conducting community outreach. Tree removals will be contracted to a tree care company with ISA Certified Arborist(s) on staff, ability to provide references for similar projects completed within the past 5 years, ability to complete all removals within the defined timeline, and ability to provide a certificate of insurance. Stump removals will be contracted to a company with the ability to provide a certificate of insurance, ability to grind the stump and restore the site within the defined timeline. Planting will be contracted to a company with a minimum 5 years 44 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 58 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants experience; ISA, NALP, or MNLA certification; ability to provide references for similar projects completed within the past 5 years; ability to complete planting within the defined timeline; and ability to provide a certificate of insurance. Tree Planting Grant funds will not fund the purchase of trees that are over-represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used unless an updated inventory is provided. For this community it means grant funds cannot be spent on purchasing: •Acer (maple): 21.2% •Fraxiunus (ash): 17.8% •Picea (spruce): 17.2% •Malus (apple): 11.9% All trees planted with grant funds are expected to be maintained based on the grantee submitted Three Year Maintenance Plan as submitted and attached to contract. Trees that do not survive will need to be replaced prior to grant close-out utilizing the warranty the city has with the nursery that stock was purchased from, or at the expense of the grantee. Trees must be planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Reporting and Preparing for Reimbursement Accomplishment reports, maps, and declarations and/or certifications of completed work will need to be submitted in order to make an official request for reimbursement. You may wait until the end of your project to submit an official request for reimbursement; however, you will be required to submit the following annually on reporting deadlines as listed above under “Accomplishment Reports” to ensure that you are on track for completing grant accomplishments and securing necessary documentation. •Partial payment form along with invoices and proof of payment for grant-funded purchases, Cash Match form along with proof of payment, and In-Kind Match form •Accomplishment Reports will include grant contract deliverables and their impacts (required biannually, see dates above) •Photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results •Maps will: o Identify the location of ash that have been removed o Identify the location of ash stumps that have been ground o Identify the location and species of trees that have been planted •All trees removed, and planted will be mapped and submitted as shapefiles, with the planted trees identified by species, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. Following the submission of invoices and accomplishment reports, a compliance check shall be conducted by Minnesota Department of Natural Resources staff. Staff shall do a site evaluation ensuring that tree species submitted on maps are correctly identified and 45 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 59 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Staff shall also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff shall confirm that planted tree stock is ¾ - 2 inch caliper bareroot or a container class size #20 or smaller. To Obtain Reimbursement All documentation within the above section “Preparing for Reimbursement” will be required to obtain reimbursement. Additionally, you will be required to submit all relevant certifications and/or declarations. Certifications and Declarations This grant requires a declaration be recorded against real estate that is purchased or improved with state general obligation bond proceeds. When trees are planted in parks or public-owned properties, a General Obligation Bond Financed Property Declaration must be recorded on the legal description with the County Recorder. The recorded declaration proclaims a property as “Restricted Property,” which prevents these properties from being sold, mortgaged, encumbered, or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget for 125% of the useful life of the Restricted Property. The useful life for this grant is 30 years, meaning 125% of that is 37.5 years. If the grant project involves more than one park or public-owned property, one declaration can be recorded with multiple legal descriptions (this means you only pay one filing fee). Consider recording the declaration after all trees have been planted in parks or on public-owned properties, instead of beforehand, since removing a declaration from a legal description requires a written release from the commissioners of Management and Budget and Department of Natural Resources. For projects or portions of projects that lie within roads, highways or utility or transit corridors, easements or rights-of-way, a waiver appeal can be requested. If approved, the grantee will require a certification in which the grantee acknowledges that the property purchased and/or improved is still state bond financed property and thus subject to certain statutory requirements will suffice in lieu of a declaration. Certifications and declarations must be submitted before requesting reimbursement from DNR. Please see Attachments 1A, 1B, and 2A. For more information and templates. Acknowledgment The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award. •Including any publications or outreach materials related to this grant or agreement, a statement of affiliation with Minnesota Department of Natural Resources, e.g., “This publication made possible through a grant from the Minnesota Department of Natural Resources.” OR “This project was conducted in cooperation with the Minnesota Department of Natural Resources.” • Logo is permitted for use and can be obtained by contacting an Urban and Community Forestry Team Member. 46 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 60 of 276 Generic GO Bond Proceeds Contract # 241678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the City of Lakeville Shade Tree Project under the MN Natural Resources Shade Tree on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Lakeville , a Statutory City - Plan A By: Its: Dated: _______________________ And: Its: Dated: ______________________ And: Its: Dated: _______________________ STATE ENTITY: Minnesota Department of Natural Resources, Division of Forestry, By: Its: Dated: _______________________ 47 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Mayor Luke M. Hellier January 31, 2024 April 1, 2024 Ann Orlofsky City Clerk April 2, 2024 Andrew J Arends Deputy Director, Division of Forestry Page 61 of 276 Generic GO Bond Proceeds Contract # 41678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of ____________, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the “Restricted Property”): (Check the appropriate box.) a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A.The Restricted Property is bond financed property within the meaning of Minn. Stat. §16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B.The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain [Insert title of the general obligation grant agreement]_ between _______________ and ______________, dated _________, ____. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of [Insert the name of the State Entity that provided the grant] and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. (SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT WAS DRAFTED BY.) 48 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 62 of 276 Generic GO Bond Proceeds Contract # 41678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY 49 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 63 of 276 Generic GO Bond Proceeds Contract # 41678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY To be determined once Real Property is finalized by Public Entity with the Declaration (Attachment 1) 50 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 64 of 276 Grant Agreement – City of Lakeville Generic GO Bond Proceeds 1Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition Program Grant $338,820.00 and Other Items Paid for with Program Grant Funds Other State Funds Purchase of Ownership $__________ ____________ $__________ Interest ____________ $__________ Other Items of a Capital ____________ $__________ Nature Subtotal $__________ Tree Removal and Planting $338,820.00 ____________ $__________ Matching Funds ____________ $__________ ____________ $__________ Subtotal $__________ ____________ $__________ Subtotal $__________ Items Paid for with Non- Program Grant Funds Other Public Entity Funds ____________ $__________ ____________ $__________ ____________ $__________ ____________ $__________ ____________ $__________ Subtotal Subtotal $__________ Loans ____________ $__________ Subtotal $__________ Other Funds ____________ $__________ Subtotal $__________ - Prepaid Project Expenses ____________ $__________ ____________ $__________ Subtotal $__________ TOTAL FUNDS $338,820.00 TOTAL PROJECT COSTS $338,820.00 51 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 65 of 276 Generic GO Bond Proceeds Contract # 41678 / PO # 3-245766 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment IV to Grant Agreement PROJECT COMPLETION SCHEDULE Not Applicable 52 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 66 of 276 Attachment V to Grant Agreement Shade Tree Program Bonding Grants 2023 Application Please refer to the Request for Applications (RFA) when completing this application. Submit this form, along with required attachments, to ucf.dnr@state.mn.us by October 2, 2023. Checklist: Application Form out, guided by the RFA) Budget Form (Attachment A) Tree Maintenance Plan (Attachment B) Species Selection and Stock List (follow guidelines in RFA) Local Unit of Government (LUG) Project Coordinator Coordinator Title Address City, State, Zip County Coordinator Email Coordinator Phone Number Grant Amount Requested Cash Match (refer to RFA for match guidance) Match Total Match (combined Match) Have you received a DNR community forestry grant in the past? Yes No Know Yes No Page 1 of 4 53 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 67 of 276 Project Overview and Need (25 points; 2,050 character maximum including spaces) Provide a summary of the project, why this funding is needed, what project work will not happen without these grant funds, and expected successful application will demonstrate a readiness to take on a project of the proposed scope and size, and will benefit Project Timeline (15 points; 2,600 character maximum including spaces) Describe the approximate project schedule showing intermediate steps and milestones. A successful timeline will provide dates, is easy to comprehend, and will follow best management practices Page 2 of 4 54 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 68 of 276 Project Budget Explanation (20 points; 2,200 character maximum including spaces) Provide additional remarks to clarify the budget request. If applicable, provide an explanation of how you are funding portions of your project that are not eligible with grant dollars. A successful budget will provide dollar amounts Project Impacts on Priority Populations (20 points; 2,200 character maximum including spaces) This grant opportunity aligns with state initiatives to reduce disparities in health and environmental quality for diverse populations. A successful proposal will serve and include areas of concern for environmental justice (communities with higher populations of residents and/or people of color, including tribal communities), and the applicant will describe actionable items for these communities. Page 3 of 4 55 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 69 of 276 Communication (10 points; 2,200 character maximum including spaces) Describe the methods you will use to conduct outreach to citizens about this grant project. A successful communication strategy will use multiple formats that have the potential to reach the public about the use of grant funds and community forest practices. Key Personnel (10 points; 2,200 character maximum including spaces) degrees for or contractors involved in the project. Describe the duties internal will conduct, and any work that will be contracted out, or the partnerships you will leverage to complete tasks. Include key personnel and their past experience with similar tasks. If you expect to contract work out, describe requirements you will have for contractors. Page 4 of 4 56 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 70 of 276 b. m, DEPARTMENT OF Attachment VI to Grant Agreement 3-Year Tree Maintenance Plan Template for Newly Planted Trees NATURAL RESOURCES LUG: City of Lakeville Year and Season of Planting: 2024-2026 -Spring and Fall Project Coordinator: Zachary Jorgensen Phone: 952-985-2724 Email: zjorgensen@lakevillemn.gov # of Trees to be Planted: 360 Size (caliper for deciduous, height for conifers): #10-#20, up to 1.5" Type of Stock to be Planted (Bare root, etc.): Container, Bareroot Describe how the activities below will be completed. 1.Tree Maintenance Personnel a.Describe who is responsible for maintenance. Maintenance and watering in year one is provided by seasonal forestry staff -or -will be provided by a contractor as part of a City funded contract and will be monitored by forestry staff and AmeriCorps members. In years two and three, forestry staff and seasonal staff will water and maintain trees planted as part of the grant projects. Minor pruning to correct damage in the first three years will be provided by forestry staff.a Volunteers, homeowners, or inexperienced staff that will provide maintenance should receive basic training and literature on proper maintenance techniques. Is training needed and how will you do it? Seasonal foresty staff and AmeriCorps members will be trained in basic pruning, tree maintenance, and watering. Training will be provided by forestry staff and regular checks will occur until the seasonal staff or members are comfortable with the work. c.How will you inspect tree maintenance work periodically to make sure it is being done correctly? Forestry staff inventory each newly planted tree and create maps to assist with watering and maintenance activities by seasonal staff, AmeriCorps members, and contractors. These maps are combined with scouting reports to keep track of any issues observed during weekly watering work. Tree health issues identified during routine watering and maintenance work are reported to, and checked on, by forestry staff. Ongoing field training is provided to seasonal staff and AmeriCorps members. Forestry staff also inspect newly planted trees at least twice a year to review tree health and maintenance work. 2.Tree Watering Process Describe in detail how trees will be watered, the time period and frequency of watering. Trees should be watered weekly for the first 3 to 5 years when the ground is thawed, unless it has rained 1 inch in a week. Trees in or near maintained park and right of way areas are watered using a truck mounted 200 gallon tank and water bags placed around the trunk of the tree. Each tree is watered weekly during the first year following planting. Watering during years two and three is based on recent rainfall. Trees are monitored and watered based on species, soil conditions, and tree health. Tree diapers are used in natural areas and monitored through the summer. These trees are watered if the tree diapers begin to dry out. Contractors are also brought in to water on an as needed basis. Contracts are set up on a seasonal basis and contractors are required to submit watering reports each time a site is visited. 57 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 71 of 276 58 of 58 DocuSign Envelope ID: 99F2FC6F-FC4A-4F48-8ABA-40BB97EC2EC4 Page 72 of 276 Date: 4/15/2024 Remote Work Policy Proposed Action Staff recommends adoption of the following motion: Move to approve the remote work policy. Overview Lakeville has allowed certain positions the ability to work remotely as necessitated by certain circumstances. The COVID pandemic and current renovations to city hall are relevant examples of situations that required certain positions to work remotely to continue normal business operations. Since remote work has been allowable in the past, this policy is being proposed to communicate, educate and formalize a process that has been in existence. The policy explains that not all city positions may be suitable for remote work, and allows for individual review of each remote work request. Requests may be short or long-term in nature. Ultimately, the department manager must agree that a position and employee are suitable for such an arrangement. Once a manager and employee agree, the City Administrator has final review of each agreement. If a remote work agreement no longer suits the needs of the position or department, an arrangement can be discontinued at any time. Not only is this policy helpful to provide guidance to current qualifying positions, but it can be used as a tool in the recruitment process. With many organizations allowing for remote work, this helps Lakeville to remain competitive in the labor market. Attached is the draft policy that has been reviewed by both the personnel committee and the internal leadership team. Supporting Information 1. Draft Remote Work Policy 2. Draft Remote Work Authorization Form Financial Impact: None. Budgeted: Yes Source: General Fund. Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Alissa Frey, Human Resources Director Page 73 of 276 REMOTE WORK Policy 6.23 1) PURPOSE a) Remote work allows employees to work at home or other remote locations for an agreed upon period of time. The city of Lakeville considers remote work to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Remote work may be appropriate for some employees and jobs but not for others. Remote work is not an entitlement, it is not a citywide benefit, and it in no way changes the terms and conditions of employment with the city of Lakeville. 2) PROCEDURE a) Remote work can be informal, such as working from home for a short-term project or, emergency scenarios or a formal, set schedule of working away from the office. b) Any remote work arrangement made may be discontinued at any time at the request of either the employee or the city. 3) ELIGIBILITY a) Before entering into any remote work agreement, the employee and manager, with the assistance of the human resources department, will evaluate the suitability of such an arrangement, reviewing the following areas: i) Employee suitability. The employee and manger will assess the needs and work habits of the employee, compared to traits customarily recognized as appropriate for successful remote workers. ii) Job responsibilities. The employee and manager will discuss the job responsibilities and determine if the job is appropriate for a remote working arrangement. iii) Equipment needs, workspace design considerations and scheduling issues. The employee and manager will review the physical workspace needs and the appropriate location for the remote work. b) If the employee and manager agree, and the human resources department concurs, a remote work agreement will be prepared and signed by the employee, manager or department head, with final approval from the City Administrator. c) Evaluation of remote work performance will include regular interaction by phone, email or Teams meeting/messaging between the employee and the manager, and potentially weekly in- person meetings to discuss work progress and potential problems. Evaluation of remote work performance will be consistent with that received by employees working at the office in both content and frequency. An appropriate level of communication between the remote worker and manager will be agreed to as part of the discussion process. 4) EQUIPMENT a) The Information technology department along with the employee’s department, will serve as resources in determining suitable equipment to accomplish a remote work set-up. Equipment supplied by the organization will be maintained by the organization. Equipment supplied by the employee, if deemed appropriate by the organization, will be maintained by the employee. The city of Lakeville accepts no responsibility for damage or repairs to employee-owned equipment. The city reserves the right to make determinations as to appropriate equipment, subject to Page 74 of 276 change at any time. Equipment supplied by the organization is intended to be used for business purposes only. The remote worker must sign an inventory of all city property received and agree to take appropriate action to protect the items from damage or theft. Upon termination of employment, all city property will be returned, unless other arrangements have been made. b) The employee will establish an appropriate work environment within his or her home for work purposes. Lakeville will not be responsible for costs associated with the setup of the employee’s home office, such as remodeling, furniture or lighting, nor for repairs or modifications to the home office space. The city of Lakeville is not responsible for any use, wear and tear, loss or maintenance of employee-owned devices or systems. 5) SECURITY a) Work done at the remote work site is considered official city business. All city records, papers, and correspondence must be safeguarded and protected from unauthorized use or disclosure. Employees are expected to ensure the protection of information and to adhere to data privacy and records retention laws. Employees must take care to ensure private and/or confidential data is not accessible and that proper methods are used to transmit any private/confidential data electronically. b) Employees are required to comply with all data security standards established by the city. When assigned to remote work the employee must use an internet connection that is secure and locked to the public. The method of connecting to the city’s network infrastructure must use the IT approved method of remote access and authentication. When connected to an uncontrolled internet connection (ex. public wi-fi), all work should be done while connected to the city’s VPN connection. c) If the employee has access to confidential information or related infrastructure, then they also need to ensure that their remote work environment complies with security rules related to maintaining the confidentiality of such information. At no time may a computer that is connected remotely to the city network be left unattended without locking the screen. The employee must alert the IT staff if they believe their connection has been compromised in any way. Other security steps include but are not limited to, the use of locked file cabinets and desks, regular password maintenance, screen privacy and any other steps appropriate for the job and the environment. 6) SAFETY a) The employee agrees to maintain a safe, secure and ergonomically-sound work environment. Injuries sustained by the employee while at their designated remote work location and in conjunction with their regular work duties are normally covered by the city’s workers’ compensation policy. Employees must promptly report work-related injuries to their manager at the earliest opportunity. Employees agree to hold the city of Lakeville harmless for injury to others at the remote working location. b) Remote work is not designed to be a replacement for appropriate childcare. Although an individual employee’s schedule may be modified to accommodate childcare needs, the focus of the arrangement must remain on job performance and meeting city demands. Employees must coordinate with their manager on a schedule that allows them to meet their parental responsibilities in addition to work obligations. This may be different for each employee based Page 75 of 276 on the specifics of their situation. Employees must report any work/childcare scheduling conflicts to their manager in advance so schedule adjustments can be considered. c) Although an individual employee’s schedule may be temporarily modified to accommodate childcare needs, the focus of the remote work arrangement must remain on job performance and meeting city needs. If an employee is not meeting job expectations, the employee will no longer be eligible for remote work. 7) TIME WORKED a) Remote working employees who are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), will be required to accurately record all hours worked using the city of Lakeville’s time-keeping system. Hours worked in excess of those scheduled per day and per workweek require the advance approval of the department manager. Failure to comply with this requirement may result in the immediate termination of the remote work agreement. 8) AD HOC ARRANGEMENTS a) Temporary remote work arrangements may be approved for circumstances such as inclement weather, special projects or business travel. These arrangements are approved on an as-needed basis only, with no expectation of ongoing continuance. b) All informal remote work arrangements are made on a case-by-case basis, focusing first on the operational needs of the city of Lakeville. Page 76 of 276 Authorized Remote Work Agreement I have discussed the terms and conditions of employment, scheduling days and hours of work, communication, employee/manager responsibility for work progress and monitoring work, the use of city equipment, and data privacy with my manager. I understand that I am expected to satisfy all job responsibilities and performance requirements of my position and acknowledge that if I fail to perform duties or meet project or other related milestones or deadlines, my remote working privileges may be revoked or reduced at any time, and that I may be subject to discipline. I understand that the city will not pay for the following expenses: • Telecommunications services, internet services, telephone lines or long-distance charges not attributed to a city-owned cell phone • Maintenance or repairs on, or replacement of, privately-owned equipment • Utility costs associated with the use of a computer, printer, personal phone or occupation of the remote working location • Travel expenses associated with commuting to city offices, buildings or meetings • Other expenses as outlined in the Remote Work Policy Briefly describe the remote work schedule (dates, times, duration, etc.): I understand that remote working privileges may be revised or terminated by the city as provided in the policy, especially if abuse of the Remote Work Policy occurs. I have read this Remote Work Agreement, understand it, and agree to its terms. ____________________________________________ ____________________________ Employee Date ____________________________________________ ____________________________ Manager Date ____________________________________________ ____________________________ City Administrator Date (Send this signed agreement to Human Resources for placement in the employee’s personnel file. The employee and the manager should each keep a copy of this agreement for future reference.) Page 77 of 276 Date: 4/15/2024 Contract for Annual Hydrant Painting Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with B&B Commercial Coating, LLC. for repainting of fire hydrants. Overview The repainting (reconditioning) of hydrants is part of an ongoing preventative maintenance program to remove any corrosion and maintain the aesthetic appearance of fire hydrants throughout the city. The Utilities Division has selected 310 fire hydrants that need reconditioning. The city has over 4,500 hydrants in the water distribution system to maintain. Utilities staff solicited quotes from three contractors. Two contractors submitted quotations as follows: B&B Commercial Coatings, LLC. $37,200.00 Integrated City Solutions, LLC. $38,750.00 Utilities staff reviewed the quotations and associated documents and recommends the approval of a contract with B&B Commercial Coating, LLC. Supporting Information 1. 2024 Hydrant Painting Agreement Financial Impact: $37,200 Budgeted: Yes Source: Water Utility Fund, Code 7616-6280 Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 78 of 276 1 FORM OF AGREEMENT BETWEEN CITY OF LAKEVILLE AND B&B COMMERCIAL COATING, LLC. FOR NON-BID CONSTRUCTION CONTRACT THIS AGREEMENT made this 15th day of April 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and B&B COMMERCIAL COATING, LLC., a Minnesota Corporation (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Quotes Package: 2024 Hydrant Reconditioning Project, dated March 21, 2024. C. Contractor’s Completed Quote Form. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in an amount of Thirty-seven thousand two hundred and 00/100 dollars ($37,200.00). Additional work performed without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the Utilities Division Supervisor. All of the Contractor’s work and labor shall be subject to the inspection and approval of the Utilities Division Supervisor. If any materials or labor are rejected by the Utilities Division Supervisor as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the Utilities Division Supervisor at the Contractor’s sole cost and expense. Page 79 of 276 2 B. Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work or the Contractor shall have the options regarding retaining in accordance with Minnesota Statues 15.71 and 15.74. C. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the Utilities Division Supervisor. Final completion of the Work, including final restoration and establishment of permanent cover (“Restoration”), occurs upon completion of all work under the Contract Documents as determined by the Utilities Division Supervisor. 5. COMPLETION DATE. All Work must be completed by September 20th, 2024. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Page 80 of 276 3 C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for Page 81 of 276 4 the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Page 82 of 276 5 Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 9. WARRANTY. The Contractor warrants all public utility work to be performed by it pursuant to this Agreement against poor material and faulty workmanship. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty work. 10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 11. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are not required. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. Page 83 of 276 6 B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. Page 84 of 276 7 H. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. I. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. J. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. K. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. L. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. M. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. N. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. Page 85 of 276 Page 86 of 276 Date: 4/15/2024 Teamsters Memorandums of Understanding Proposed Action Staff recommends adoption of the following motion: move to approve the proposed Teamsters' memorandums of understanding. Overview The Teamsters union group which represents streets, parks, utilities and fleet employees is proposing two memorandums of understanding (MOU's). The first MOU is to clarify that an employee who has earned PTO accruals, would be eligible to use available accruals when they are earned. Current language restricts new employees from using available leave time until they reach six months of employment. The proposed language creates a more modern practice and is conducive to promoting a healthy work/life balance for employees. The second MOU is clarifying language as it relates to the department's standard workday from 7:00 am to 3:00 pm. Currently, the department does not utilize a 10-hour workday. However, the proposed language would allow for such a schedule modification, should the department have a need. The last piece clarifies that the Parks division utilizes a summer schedule from April 1st to October 1st where their schedule will be 6:30 am to 2:30 pm. Supporting Information 1. PTO MOU 2. Standard Workday MOU Financial Impact: None. Budgeted: Yes Source: General Wages Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Alissa Frey, Human Resources Director Page 87 of 276 Page 88 of 276 Page 89 of 276 Page 90 of 276 Page 91 of 276 Date: 4/15/2024 Central Maintenance Facility Cold Storage Materials Fabric Structure Proposed Action Staff recommends adoption of the following motion: Move to approve contracts with Greystone Construction for purchasing of the Fabric Structure and Installation of Fabric Structure. Overview To meet compliance with EPA MS4 standards and improve environmental safety measures, staff recommends the addition of a fabric structure over a portion of the material bunker system at the Central Maintenance Facility. Utilizing a cooperative purchasing agreement facilitated by Sourcewell, the City has procured a high-quality fabric structure from Britespan. This collaborative procurement approach not only streamlines the purchasing process but also ensures that the City abides by all bid laws. Greystone Construction is the local area dealer for Britespan and provided a quote for the Fabric Structure and Materials based on the Sourcwell Contract. Subsequently, the City solicited proposals from qualified contractors for the installation and construction of the fabric structure. Following a thorough evaluation of the submissions, staff recommends awarding the contract to Greystone Construction. Greystone's proposal aligns closely with the City's specifications and budgetary constraints, demonstrating their capacity to efficiently execute the project. Supporting Information 1. Fabric Building Agreement_Greystone(contractor signed) 2. Fabric Building Install Contract_Greystone Signed 4.11.2024 3. SOURCEWELL Proposal 4. Fabric Building Install Quote_Greystone 5. Fabric Building Install Quote_Eagle Associates Financial Impact: $246,492.00 (Fabric Building and Materials using Sourcewell contract #071223-BRT) $92,262.00 (Installation) $338,754.00 Budgeted: Yes Source: Facility CIP Envision Lakeville Community Values: Provide Services that Add Value Report Completed by: Tom Breeggemann Facilities Supervisor Page 92 of 276 CONTRACT FOR PURCHASE OF CITY OF LAKEVILLE FABRIC BUILDING THIS CONTRACT made and entered into this 15th day of April, 2024, by and between CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and GREYSTONE CONSTRUCTION, a Minnesota Company ("Contractor"). WHEREAS, the City of Lakeville being a member of “Sourcewell” a service cooperative created by Minnesota legislature, and WHEREAS, “Sourcewell” having a contract with “Britespan” for fabric structures, and WHEREAS, “Greystone” being a registered dealer for “Britespan” fabric buildings, NOW THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: Section 1. Contract Documents. The following documents, attached hereto, shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set out verbatim and in full herein: • This document entitled "Contract for Purchase of “City of Lakeville Fabric Building.” • “Sourcewell” Contract #071223-BRT (Exhibit A) • Contractor Quotes Dated March 28th 2024 (Exhibit B) • Purchasing Agent Agreement (Exhibit C) In the event of conflict among the provisions of these documents, the order in which they are listed above shall control with the document listed first having the highest priority. The Contract Documents are fully a part of this Contract as if attached to this Contract or repeated herein. Section 2. Acceptance of Proposal. Contractor shall provide the Equipment in accordance with the Contract Documents. Section 3. Contract Time/Delivery. The Equipment shall be delivered to the City at 7570 179th St W, Lakeville, MN, 55044 on or before September 1, 2024, during City business hours. The time for delivery shall be extended for the period of any reasonable delay due exclusively to unforeseeable causes beyond the control, and without the fault of the Contractor, including but not limited to, acts of God, fires, and floods. Section 4. Price/Terms of Payment. A. Price. As a contract price for the Equipment, the City shall pay the sum of two hundred forty-six thousand, four hundred and ninety-two dollars and zero cents, ($246,492.00) as listed in the quote (Exhibit B). Page 93 of 276 B. Terms of Payment. Payment shall be made in full within thirty-five (35) days following receipt and inspection of the Equipment. Section 5. Risk of Loss. The Contractor shall bear the entire risk of loss caused by damage or destruction of equipment or property furnished pursuant to the Contract Documents to the time the Equipment is delivered to the City. Section 6. Warranties. The Contractor guarantees that all warranties as specified in the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship. In addition to the warranties required in the specifications the Contractor provides the following warranties. The Contractor is responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Contractor warrants that only new unused materials will be used. The Contractor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to the manufacturer’s warranty, and any warranty provided by law. Section 7. Inspection at Delivery. At the point of delivery, the City will have fifteen (15) days to inspect the Equipment for compliance with the Contract Documents. As the result of the inspection, the City will: A. Accept the Equipment subject to an inspection report requiring correction and make payment; or B. Refuse to make payment until corrections are complete. Section 8. Assignment. Neither party may assign, sublet or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. Section 9. Prompt Payment to Subcontractors. Pursuant to Minnesota Statutes § 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1½ %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. Section 10. Data Practices/Records. A. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. Page 94 of 276 B. All books, records, documents and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. Section 11. Miscellaneous. A. The Contractor shall hold harmless and indemnify the City from any and all claims, suits, and proceedings, including reasonable attorney fees and expenses, for infringement of any software licenses, copyrights or patent, or patents, covering the property purchased hereunder. B. Each and all of the covenants and agreements herein contained shall extend to and be binding upon the successors and assigns of the parties hereto; provided however, that the Contractor shall not assign this Contract with any person, firm, or corporation for the performance of the Contractor's obligations hereunder, or any part thereof, without the written approval of the City. C. This Contract shall be governed by the laws of the State of Minnesota. D. If either party waives any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. E. This Contract, and the Contract Documents, embody the entire understanding between the parties relating to the subject matter contained herein, and merges all prior discussions and agreements between them. No agent or representative of the Contractor has authority to make any representations, statements, warranties or agreements not herein expressed. THIS CONTRACT ENTERED INTO AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. CITY OF LAKEVILLE GREYSTON CONSTRUCTION BY: BY: Luke M. Hellier, Mayor Name: Title: BY: Ann Orlofsky. City Clerk Page 95 of 276 EXHIBIT A Solicitation Number: RFP #071223 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Britespan Building Systems Inc., 688 Josephine Street North, R.R. #1, Wingham, ON Canada N0G 2W0 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Fabric Structures with Related Materials and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. EXPIRATION DATE AND EXTENSION. This Contract expires August 18, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. Page 96 of 276 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. Page 97 of 276 A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: Page 98 of 276 • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Page 99 of 276 Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE Page 100 of 276 A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted Page 101 of 276 price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. Page 102 of 276 D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. Page 103 of 276 b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Page 104 of 276 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Page 105 of 276 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Page 106 of 276 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is Page 107 of 276 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Page 108 of 276 Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. Page 109 of 276 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared Page 110 of 276 ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in Page 111 of 276 guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. Page 112 of 276 T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Britespan Building Systems Inc. By: By: Jeremy Schwartz Steve Burke Title: Chief Procurement Officer Title: Vice President of Finance 8/14/2023 | 2:20 PM CDT Date: 8/18/2023 | 8:08 AM CDT Date: Approved: By: Chad Coauette Title: Executive Director/CEO 8/18/2023 | 9:26 AM CDT Date: Page 113 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Exhibit B March 28, 2024 Tom Breeggemann City of Lakeville 9237 183rd St W Lakeville, MN 55044 Re: Sourcewell Proposal – Lakeville Central Maintenance Facility Storage Building Mr. Breeggemann, Thank you for the opportunity to provide a proposal to furnish and install a Britespan fabric building in Lakeville, MN. A few of the advantages the Greystone team brings to the project include: • Design-Build Experience – Greystone has offered design-build and general construction services for 35 years. • Fabric Building Expertise – Greystone has sold and installed fabric buildings for over 20 years. We’ve successfully completed thousands of fabric building projects. • Engineered Fabric Building – Fabric building will be designed to meet site-specific load requirements including wind, snow and unbalanced loads. • Hot Dipped Galvanized Steel – Fabric building frames are hot dip galvanized post production, after all cutting and welding complete • Self-Performed Work – Greystone has the capability to self-perform the building installation with our own crews. Often times this allows us to provide the most competitive pricing, maintain quality and hold schedule. Let us know if you have any questions. We look forward to discussing our next steps. Sincerely, Nate Lamusga Business Development Manager Page 114 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Scope of Work & Pricing to be performed by Greystone Construction Furnish Materials Only Price: • 46’x170’ Britespan Easy Access Series Building o Per previously submitted drawings • Truss spacing 5’ on center o (2) 30’ sidewall portals o (2) 35’ sidewall portals o (1) 40’ sidewall portal • 12 ounce, 23 mil polyethylene Non-FR fabric o Multi-piece cover design • Building designed per ASCE7-16 (IBC 2018) o Fabric type: ASTM E-84 (NON-FR) o Occupancy category: CAT 1 (LOW HAZARD) o Ground snow load: 50 lbs. o Wind Load: 102 MPH wind o Wind Exposure: C o Site conditions: Ce = 0.9 Exposed o Collateral Load: .25 PSF o No sprinklers o No conveyor loads o Seismic Design Category: B o Stamped engineered building drawings – Previously submitted • (2) Fabric end walls with steel framing with two 3’x3’ mesh vents in each end • (1) open side wall with portal frames • Hot dipped galvanized bolt and purlin upgrades • Includes 6x4x1/4 HSS beams bolted to top of panels on both endwalls to support endwall columns and spread the load out across the panels o Hot dipped galvanized • Freight allowance of $3,500 included o Contract will be updated to reflect actual freight amount at time of shipment o Does not include unloading – Unloading to be completed by building installer Furnish Building Materials Price: $246,492 See exclusions on last page Page 115 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Market Provisions: • Greystone is committed to being your trusted team partner on your project. We are asking all of our clients recognize the volatility of our markets and understand we are providing current pricing for budgeting purposes with the need to adjust final project pricing based on the markets at the actual time of the order. It’s important to provide you with the best value for your project, and we do not want to speculate where the actual market rates will be at the time of procurement and/or delivery. • Pricing is based on current market conditions and does not include future tariffs, surcharges, price escalation, or fees. (i.e., many wholesalers and manufacturers are not committing to pre-determined pricing for pre-ordered materials. These materials are priced at the time of the delivery.) Due to extremely volatile markets, pricing shall be re- evaluated at time of procurement and/or delivery. Any savings or additional cost would be communicated with Owner prior to procurement and/or delivery. • Price increases will be assigned as contingency. Unless Greystone specifically outlines a contingency value in our proposal or scope of work, it is recommended that the Owner carry a contingency. • Construction schedule may be affected by material shortages or lead times beyond our control. Any shortages or lead time issues will be communicated with the owner. Evaluation of alternatives will be reviewed, and the contract schedule or costs may be adjusted accordingly. • Pandemic protocols enacted by the owner’s requirements or federal/state/local jurisdictions following the execution of the construction contract may result in additional costs and schedule extensions to the contract. These may include but not limited to: employee testing, travel time for testing, temporary enclosures/facilities to isolate work forces, staffing shortages and subcontractor reselection if the current subcontractor cannot staff the project due to labor shortages as a result of newly enacted protocols. • Unless noted otherwise proposal pricing is valid for 15 days Page 116 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Exclusions – Items not included, but may apply to overall project: • Architectural and Civil Engineering • Foundation structural engineering, including but not limited to anchor bolt design and embedment details – Previously Submitted • Prevailing wage rates and Union labor • Payment & Performance bonds • Emergency Responder Communication Enhancement System • Cat II occupancy and FR Fabric • Sales/use Tax on materials • US Steel – Building is fabricated in Canada using Canadian steel • Testing & special inspections by owner – Soil borings, soils testing, concrete testing, bolt inspection, etc • Site work including, but not limited to: soil corrections, granular base material under floor and bunker panels, excavation and backfill, site prep, import or export of materials, dewatering, etc • Installation supervision or tech support for 3rd party installer • Assumed building has 50’ clear on all four sides for staging/erection and building engineering requirements • Site specific safety requirements • Bituminous paving or concrete – interior and exterior slabs and aprons • Bunker panel toe extensions, dowels, or earth anchors unless noted otherwise • Exterior aprons & stoops at doors • Geotextile liner under building • Doors – Overhead & personnel • Insulation, interior liner panel or stainless steel cables • All electrical & mechanical systems • All winter conditions Page 117 of 276 PURCHASING AGENT EXHIBIT C 1. City of Lakeville (Owner) appoints and designates Greystone Construction. (Contractor) as Owner’s purchasing agent for the purchase of Fabric Building Materials. 2. Contractor, as purchasing agent, will purchase the Tax Exempt Materials in the name of Owner. All right, title, and interest to the Tax Exempt Materials will vest immediately in Owner, not the Contractor, at the point of sale. The risk of loss for the Tax Exempt Materials remains at all times with Owner. 3. The Tax Exempt Materials are excluded from the Work. Contractor makes no warranties with respect to the Tax Exempt Materials and all warranties associated with the Tax Exempt Materials run from the seller, not the Contractor, to Owner. Contractor will report any known defects in the Tax Exempt Materials to Owner. Contractor will, as agent for Owner, contact the seller for the replacement or correction of any defective materials. Owner is responsible for resolving all defects in the Tax Exempt Materials. Contractor will take reasonable precautions to safely store the Tax Exempt Materials after they are delivered to the Project Site. 4. All contracts, purchase orders and other documents executed by Contractor in the course of its duties as Owner’s purchasing agent, including those furnished to vendors, sellers, and suppliers, will reflect the agency relationship and will include the following language: This purchase is made by Greystone Construction (Contractor) as purchasing agent for City of Lakeville (Owner). Title to the items purchased pursuant to this Agreement will pass directly from the seller to the Owner. The obligation to pay for the items is solely that of the Owner, but invoices may be submitted for payment to the Contractor as agent for the Owner. This purchase by the Owner is exempt from sales and use taxation. A copy of the Owner’s certificate of exempt status is attached. 5. Owner authorizes Contractor, acting as Owner’s purchasing agent, to appoint in writing any Subcontractor as a purchasing agent of Owner for the purchase of the Tax Exempt Materials as may be designated by Contractor. Each subcontract or agreement that provides for the appointment of a purchasing agent will be in writing and will contain provisions comparable to this Exhibit. 6. Owner warrants and represents that it is exempt from Minnesota sales and use taxation with respect to its purchases of materials and supplies. Owner agrees to furnish Contractor with a copy of Owner’s certificate of exempt status. It is expressly agreed that Owner will indemnify, defend, and hold harmless Contractor and each Subcontractor appointed as a purchasing agent (collectively “Purchasing Agent”) from and against, any amount of sales or use tax, penalty, or interest which becomes payable by Purchasing Agent directly or on behalf of its subcontractors or vendors in connection with or arising out of the purchase of the Tax Exempt Materials. Each Purchasing Agent designed by Contractor is a third party beneficiary of this paragraph. Signature (owner) Date Printed Name US.55640095.01 Page 118 of 276 215047v2 1 NON-BID CONTRACT FOR PURCHASE OF GOODS AND SERVICES AGREEMENT made this 15th day of April, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and GREYSTONE CONSTRUCTION a Minnesota corporation (“Contractor”). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Quote Dated March 28th 2024 (Exhibit A) In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “B” has the last priority. 2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods, services and perform the work in accordance with the Contract Documents for installation purchased fabric building at City of Lakeville Central Maintenance Facility, over recently erected concrete foundations . Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the Contract Documents. 3. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4. COMPENSATION. Contractor shall be paid by the City for the goods and services described in exhibit A, but not to exceed: ninety-two thousand, two hundred and sixty-two dollars and zero cents. ($92,262.00) which is inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption Page 119 of 276 215047v2 2 or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before November 1st 2024. 6. WARRANTY. The Contractor guarantees that all warranties as specified in the Quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship. In addition to the warranties required in the specifications the Contractor provides the following warranties. The Contractor is responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Contractor warrants that only new unused materials will be used. The Contractor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 7. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 8. INSPECTION AT DELIVERY. At the point of delivery, the City will have the right inspect the goods for compliance with the Contract Documents prior to installation. As the result of the inspection, the City will: A. Accept the goods subject to an inspection report requiring correction; or B. Refuse to make payment until corrections are complete. 9. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the Quote provided or negotiated between the parties based on similar work provided in the Proposal. 10. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. Page 120 of 276 215047v2 3 11. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 12. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. 13. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 14. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 15. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Page 121 of 276 215047v2 4 Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 16. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 17. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 18. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Page 122 of 276 215047v2 5 20. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 21. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 22. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 23. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City and Contractor relevant to the Agreement are subject to examination by City and Contactor, and either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 24. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 25. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for goods and services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in this Agreement. Page 123 of 276 215047v2 6 Dated:__________________, 2024 CITY OF LAKEVILLE By: Luke M. Hellier, Mayor And: Ann Orlofsky, City Clerk Dated:__________________, 2024 GREYSTONE CONSTRUCTION By: Print Name:_________________________________ Its:________________________________________ Page 124 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor March 28, 2024 Tom Breeggemann City of Lakeville 9237 183rd St W Lakeville, MN 55044 Re: Install Proposal – Lakeville Central Maintenance Facility Storage Building Mr. Breeggemann, Thank you for the opportunity to provide a proposal to install a Britespan fabric building in Lakeville, MN. A few of the advantages the Greystone team brings to the project include: • Design-Build Experience – Greystone has offered design-build and general construction services for 35 years. • Fabric Building Expertise – Greystone has sold and installed fabric buildings for over 20 years. We’ve successfully completed thousands of fabric building projects. • Engineered Fabric Building – Fabric building will be designed to meet site-specific load requirements including wind, snow and unbalanced loads. • Hot Dipped Galvanized Steel – Fabric building frames are hot dip galvanized post production, after all cutting and welding complete • Self-Performed Work – Greystone has the capability to self-perform the building installation with our own crews. Often times this allows us to provide the most competitive pricing, maintain quality and hold schedule. Let us know if you have any questions. We look forward to discussing our next steps. Sincerely, Nate Lamusga Business Development Manager Exhibit A Page 125 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Scope of Work & Pricing to be performed by Greystone Construction Install Building (Details): • 46’x170’ Britespan Easy Access Series Building o Per previously submitted drawings • Truss spacing 5’ on center o (2) 30’ sidewall portals o (2) 35’ sidewall portals o (1) 40’ sidewall portal • 12 ounce, 23 mil polyethylene Non-FR fabric o Multi-piece cover design • Building designed per ASCE7-16 (IBC 2018) o Fabric type: ASTM E-84 (NON-FR) o Occupancy category: CAT 1 (LOW HAZARD) o Ground snow load: 50 lbs. o Wind Load: 102 MPH wind o Wind Exposure: C o Site conditions: Ce = 0.9 Exposed o Collateral Load: .25 PSF o No sprinklers o No conveyor loads o Seismic Design Category: B o Stamped engineered building drawings – Previously submitted • (2) Fabric end walls with steel framing with two 3’x3’ mesh vents in each end • (2) Install HSS beam for endwall columns • (1) open side wall with portal frames • Hot dipped galvanized bolt and purlin upgrades Installation Scope: • Unloading of Materials • Building to be installed on existing concrete foundations • Payment and performance bonds included • Provide all necessary labor and equipment to install building noted above o Includes foreman and crew experienced in fabric building installs and tech support from office Install Building Only Price: $92,262 Note: This price is not tied to the Sourcewell material proposal See exclusions on last page Page 126 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Market Provisions: • Greystone is committed to being your trusted team partner on your project. We are asking all of our clients recognize the volatility of our markets and understand we are providing current pricing for budgeting purposes with the need to adjust final project pricing based on the markets at the actual time of the order. It’s important to provide you with the best value for your project, and we do not want to speculate where the actual market rates will be at the time of procurement and/or delivery. • Pricing is based on current market conditions and does not include future tariffs, surcharges, price escalation, or fees. (i.e., many wholesalers and manufacturers are not committing to pre-determined pricing for pre-ordered materials. These materials are priced at the time of the delivery.) Due to extremely volatile markets, pricing shall be re - evaluated at time of procurement and/or delivery. Any savings or additional cost would be communicated with Owner prior to procurement and/or delivery. • Price increases will be assigned as contingency. Unless Greystone specifically outlines a contingency value in our proposal or scope of work, it is recommended that the Owner carry a contingency. • Construction schedule may be affected by material shortages or lead times beyond our control. Any shortages or lead time issues will be communicated with the owner. Evaluation of alternatives will be reviewed, and the contract schedule or costs may be adjusted accordingly. • Pandemic protocols enacted by the owner’s requirements or federal/state/local jurisdictions following the execution of the construction contract may result in additional costs and schedule extensions to the contract. These may include but not limited to: employee testing, travel time for testing, temporary enclosures/facilities to isolate work forces, staffing shortages and subcontractor reselection if the current subcontractor cannot staff the project due to labor shortages as a result of newly enacted pr otocols. • Unless noted otherwise proposal pricing is valid for 15 days Page 127 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Exclusions – Items not included, but may apply to overall project: • Architectural and Civil Engineering • Foundation structural engineering, including but not limited to anchor bolt design and embedment details – Previously Submitted • Prevailing wage rates and Union labor • Emergency Responder Communication Enhancement System • Cat II occupancy and FR Fabric • US Steel – Building is fabricated in Canada using Canadian steel • Testing & special inspections by owner – Soil borings, soils testing, concrete testing, bolt inspection, etc • Site work including, but not limited to: soil corrections, granular base material under floor and bunker panels, excavation and backfill, site prep, import or export of materials, dewatering, etc • Assumed building has 50’ clear on all four sides for staging/erection and building engineering requirements • Site specific safety requirements • Bituminous paving or concrete – interior and exterior slabs and aprons • Bunker panel toe extensions, dowels, or earth anchors unless noted otherwise • Exterior aprons & stoops at doors • Geotextile liner under building • Doors – Overhead & personnel • Insulation, interior liner panel or stainless steel cables • All electrical & mechanical systems • All winter conditions Page 128 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor March 28, 2024 Tom Breeggemann City of Lakeville 9237 183rd St W Lakeville, MN 55044 Re: Sourcewell Proposal – Lakeville Central Maintenance Facility Storage Building Mr. Breeggemann, Thank you for the opportunity to provide a proposal to furnish and install a Britespan fabric building in Lakeville, MN. A few of the advantages the Greystone team brings to the project include: • Design-Build Experience – Greystone has offered design-build and general construction services for 35 years. • Fabric Building Expertise – Greystone has sold and installed fabric buildings for over 20 years. We’ve successfully completed thousands of fabric building projects. • Engineered Fabric Building – Fabric building will be designed to meet site-specific load requirements including wind, snow and unbalanced loads. • Hot Dipped Galvanized Steel – Fabric building frames are hot dip galvanized post production, after all cutting and welding complete • Self-Performed Work – Greystone has the capability to self-perform the building installation with our own crews. Often times this allows us to provide the most competitive pricing, maintain quality and hold schedule. Let us know if you have any questions. We look forward to discussing our next steps. Sincerely, Nate Lamusga Business Development Manager Page 129 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Scope of Work & Pricing to be performed by Greystone Construction Furnish Materials Only Price: • 46’x170’ Britespan Easy Access Series Building o Per previously submitted drawings • Truss spacing 5’ on center o (2) 30’ sidewall portals o (2) 35’ sidewall portals o (1) 40’ sidewall portal • 12 ounce, 23 mil polyethylene Non-FR fabric o Multi-piece cover design • Building designed per ASCE7-16 (IBC 2018) o Fabric type: ASTM E-84 (NON-FR) o Occupancy category: CAT 1 (LOW HAZARD) o Ground snow load: 50 lbs. o Wind Load: 102 MPH wind o Wind Exposure: C o Site conditions: Ce = 0.9 Exposed o Collateral Load: .25 PSF o No sprinklers o No conveyor loads o Seismic Design Category: B o Stamped engineered building drawings – Previously submitted • (2) Fabric end walls with steel framing with two 3’x3’ mesh vents in each end • (1) open side wall with portal frames • Hot dipped galvanized bolt and purlin upgrades • Includes 6x4x1/4 HSS beams bolted to top of panels on both endwalls to support endwall columns and spread the load out across the panels o Hot dipped galvanized • Freight allowance of $3,500 included o Contract will be updated to reflect actual freight amount at time of shipment o Does not include unloading – Unloading to be completed by building installer • 7.125% Sales tax on materials included Furnish Building Materials Price: $262,268 See exclusions on last page Page 130 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Market Provisions: • Greystone is committed to being your trusted team partner on your project. We are asking all of our clients recognize the volatility of our markets and understand we are providing current pricing for budgeting purposes with the need to adjust final projec t pricing based on the markets at the actual time of the order. It’s important to provide you with the best value for your project, and we do not want to speculate where the actual market rates will be at the time of procurement and/or delivery. • Pricing is based on current market conditions and does not include future tariffs, surcharges, price escalation, or fees. (i.e., many wholesalers and manufacturers are not committing to pre-determined pricing for pre-ordered materials. These materials are priced at the time of the delivery.) Due to extremely volatile markets, pricing shall be re - evaluated at time of procurement and/or delivery. Any savings or additional cost would be communicated with Owner prior to procurement and/or delivery. • Price increases will be assigned as contingency. Unless Greystone specifically outlines a contingency value in our proposal or scope of work, it is recommended that the Owner carry a contingency. • Construction schedule may be affected by material shortages or lead times beyond our control. Any shortages or lead time issues will be communicated with the owner. Evaluation of alternatives will be reviewed, and the contract schedule or costs may be adjusted accordingly. • Pandemic protocols enacted by the owner’s requirements or federal/state/local jurisdictions following the execution of the construction contract may result in additional costs and schedule extensions to the contract. These may include but not limited to: employee testing, travel time for testing, temporary enclosures/facilities to isolate work forces, staffing shortages and subcontractor reselection if the current subcontractor cannot staff the project due to labor shortages as a result of newly enacted pr otocols. • Unless noted otherwise proposal pricing is valid for 15 days Page 131 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Exclusions – Items not included, but may apply to overall project: • Architectural and Civil Engineering • Foundation structural engineering, including but not limited to anchor bolt design and embedment details – Previously Submitted • Prevailing wage rates and Union labor • Payment & Performance bonds • Emergency Responder Communication Enhancement System • Cat II occupancy and FR Fabric • US Steel – Building is fabricated in Canada using Canadian steel • Testing & special inspections by owner – Soil borings, soils testing, concrete testing, bolt inspection, etc • Site work including, but not limited to: soil corrections, granular base material under floor and bunker panels, excavation and backfill, site prep, import or export of materials, dewatering, etc • Installation supervision or tech support for 3rd party installer • Assumed building has 50’ clear on all four sides for staging/erection and building engineering requirements • Site specific safety requirements • Bituminous paving or concrete – interior and exterior slabs and aprons • Bunker panel toe extensions, dowels, or earth anchors unless noted otherwise • Exterior aprons & stoops at doors • Geotextile liner under building • Doors – Overhead & personnel • Insulation, interior liner panel or stainless steel cables • All electrical & mechanical systems • All winter conditions Page 132 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor March 28, 2024 Tom Breeggemann City of Lakeville 9237 183rd St W Lakeville, MN 55044 Re: Install Proposal – Lakeville Central Maintenance Facility Storage Building Mr. Breeggemann, Thank you for the opportunity to provide a proposal to install a Britespan fabric building in Lakeville, MN. A few of the advantages the Greystone team brings to the project include: • Design-Build Experience – Greystone has offered design-build and general construction services for 35 years. • Fabric Building Expertise – Greystone has sold and installed fabric buildings for over 20 years. We’ve successfully completed thousands of fabric building projects. • Engineered Fabric Building – Fabric building will be designed to meet site-specific load requirements including wind, snow and unbalanced loads. • Hot Dipped Galvanized Steel – Fabric building frames are hot dip galvanized post production, after all cutting and welding complete • Self-Performed Work – Greystone has the capability to self-perform the building installation with our own crews. Often times this allows us to provide the most competitive pricing, maintain quality and hold schedule. Let us know if you have any questions. We look forward to discussing our next steps. Sincerely, Nate Lamusga Business Development Manager Page 133 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Scope of Work & Pricing to be performed by Greystone Construction Install Building (Details): • 46’x170’ Britespan Easy Access Series Building o Per previously submitted drawings • Truss spacing 5’ on center o (2) 30’ sidewall portals o (2) 35’ sidewall portals o (1) 40’ sidewall portal • 12 ounce, 23 mil polyethylene Non-FR fabric o Multi-piece cover design • Building designed per ASCE7-16 (IBC 2018) o Fabric type: ASTM E-84 (NON-FR) o Occupancy category: CAT 1 (LOW HAZARD) o Ground snow load: 50 lbs. o Wind Load: 102 MPH wind o Wind Exposure: C o Site conditions: Ce = 0.9 Exposed o Collateral Load: .25 PSF o No sprinklers o No conveyor loads o Seismic Design Category: B o Stamped engineered building drawings – Previously submitted • (2) Fabric end walls with steel framing with two 3’x3’ mesh vents in each end • (2) Install HSS beam for endwall columns • (1) open side wall with portal frames • Hot dipped galvanized bolt and purlin upgrades Installation Scope: • Unloading of Materials • Building to be installed on existing concrete foundations • Payment and performance bonds included • Provide all necessary labor and equipment to install building noted above o Includes foreman and crew experienced in fabric building installs and tech support from office Install Building Only Price: $92,262 Note: This price is not tied to the Sourcewell material proposal See exclusions on last page Page 134 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Market Provisions: • Greystone is committed to being your trusted team partner on your project. We are asking all of our clients recognize the volatility of our markets and understand we are providing current pricing for budgeting purposes with the need to adjust final project pricing based on the markets at the actual time of the order. It’s important to provide you with the best value for your project, and we do not want to speculate where the actual market rates will be at the time of procurement and/or delivery. • Pricing is based on current market conditions and does not include future tariffs, surcharges, price escalation, or fees. (i.e., many wholesalers and manufacturers are not committing to pre-determined pricing for pre-ordered materials. These materials are priced at the time of the delivery.) Due to extremely volatile markets, pricing shall be re - evaluated at time of procurement and/or delivery. Any savings or additional cost would be communicated with Owner prior to procurement and/or delivery. • Price increases will be assigned as contingency. Unless Greystone specifically outlines a contingency value in our proposal or scope of work, it is recommended that the Owner carry a contingency. • Construction schedule may be affected by material shortages or lead times beyond our control. Any shortages or lead time issues will be communicated with the owner. Evaluation of alternatives will be reviewed, and the contract schedule or costs may be adjusted accordingly. • Pandemic protocols enacted by the owner’s requirements or federal/state/local jurisdictions following the execution of the construction contract may result in additional costs and schedule extensions to the contract. These may include but not limited to: employee testing, travel time for testing, temporary enclosures/facilities to isolate work forces, staffing shortages and subcontractor reselection if the current subcontractor cannot staff the project due to labor shortages as a result of newly enacted pr otocols. • Unless noted otherwise proposal pricing is valid for 15 days Page 135 of 276 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Exclusions – Items not included, but may apply to overall project: • Architectural and Civil Engineering • Foundation structural engineering, including but not limited to anchor bolt design and embedment details – Previously Submitted • Prevailing wage rates and Union labor • Emergency Responder Communication Enhancement System • Cat II occupancy and FR Fabric • US Steel – Building is fabricated in Canada using Canadian steel • Testing & special inspections by owner – Soil borings, soils testing, concrete testing, bolt inspection, etc • Site work including, but not limited to: soil corrections, granular base material under floor and bunker panels, excavation and backfill, site prep, import or export of materials, dewatering, etc • Assumed building has 50’ clear on all four sides for staging/erection and building engineering requirements • Site specific safety requirements • Bituminous paving or concrete – interior and exterior slabs and aprons • Bunker panel toe extensions, dowels, or earth anchors unless noted otherwise • Exterior aprons & stoops at doors • Geotextile liner under building • Doors – Overhead & personnel • Insulation, interior liner panel or stainless steel cables • All electrical & mechanical systems • All winter conditions Page 136 of 276 Date: To: Email: NOTES: PAYMENT TERMS: Name Eagle Associates of Cazenovia, LLC Date Date 50% deposit, 50% upon project completion ACCEPTED BY:ACCEPTED BY: TOTAL PROJECT COST $93,500.00 Owner provides foundation, Owner to dispose of construction waste/debris Prices Good For 30 Days EXCLUSIONS: prevailing wage, earthwork, taxes, 3rd party testing, foundation, permits Anchor bolts at portals Does NOT Include Tax if Applicable Installation Cost $93,500.00 Cost Based on Information Provided, Eagle Associates Not Liable If Specs Change Includes Performance Bond MATERIALS COST N/A Tom Breeggemann Ce = 0.9 Non FR Cat I FREIGHT N/A Foundation Height 8' Foundation Type Concrete Pier Truss Spacing Varies Install Britespan Faric Building - Easy Access Series 46L12 x 170 Eagle Associates of Cazenovia, LLC Fabric Type Occupancy Category Snow Load Capacity 50 Wind Capacity P.O. Box 322, Cazenovia, NY 13035 P(315) 655-0644 F(315)655-0353 QUOTE 3/26/2024 Building Type Easy Access Building Dimensions 46L12 x 170 102 Site Condition Page 137 of 276 Date: 4/15/2024 Contract to Upgrade City Hall Service Windows to ADA Standards Proposed Action Staff recommends adoption of the following motion: Move to approve a contract in the amount of $62,500 with Versacon Construction to update various City Hall department service windows to ADA standards. Overview The City has recently been awarded a Community Block Grant from Dakota County Community Development aimed at addressing various accessibility needs within the city. A comprehensive study conducted previously identified several significant deficiencies in ADA compliance across city buildings, including City Hall. In response to these findings, staff has prioritized the enhancement of accessibility features, particularly focusing on the service windows at City Hall, which serve the Planning and Engineering departments. The proposed project primarily involves modifying the service windows to adhere to ADA compliance standards. Additionally, the project includes the replacement of the roll-down security gate to further improve functionality and safety measures within City Hall. These improvements will ensure equitable access to essential services for all residents, regardless of their physical abilities. The City received bids from three qualified contractors, proposals ranging from $47,000 to $79,000. After thorough evaluation, staff recommends awarding the contract to Versacon Construction. The project included a bid alternate to modify the Inspection department window. Versecon proposed an additional $15,500 to complete the alternate. With consideration of valued engineering and overall objective of the project, staff is also seeking approval of the bid alternate for a total contract amount of $62,500. All public-facing windows would be updated to ADA standards with this project. Supporting Information 1. Contract 2. Recomendation Letter and Bid Tabulation Financial Impact: $62,500 with $50,396.68 coming from CDBG $12,102.32 City Contribution Budgeted: Yes Source: CDBG, and Facilities CIP Envision Lakeville Community Values: Provide Services That Add Value Page 138 of 276 Cultivating a Welcoming, Inclusive Community Report Completed by: Tom Breeggemann Facility Supervisor Page 139 of 276 Page 140 of 276 Page 141 of 276 Page 142 of 276 Page 143 of 276 Page 144 of 276 Page 145 of 276 Page 146 of 276 Page 147 of 276 March 29, 2024 Tom Breeggemann City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Re: City of Lakeville City Hall ADA Counter Improvements Commission No. 242020 Dear Tom: We recommend presenting the following information to the City Council. On Tuesday, March 26, 2024, at 2:00 p.m., bids were received from three (3) General Contractors for the ADA Counter Improvements at Lakeville City Hall. A bid tabulation is attached for your review. Versacon, Inc. from New Hope, Minnesota, submitted the low base bid in the amount of $47,000.00. Selection of Alternates does not affect who will be the low bidder. Below is a summary of the Alternates: Alternate No. 1 Building Inspections Counter Add $15,500.00 This Alternate includes remodeling of the Building Inspections service counter to be ADA compliant. Recommendation: Accept this Alternate We recommend awarding the contract to Versacon, Inc. as follows: Base Bid $ 47,000.00 Alternate No. 1 Building Inspections Counter Add $ 15,500.00 TOTAL CONTRACT $ 62,500.00 Sincerely, Wold Architects and Engineers Joel L. Dunning | AIA, LEED AP Partner Enclosures cc: Andy Dahlquist, Wold EM/GOV-MN-CITY-Lakeville/242030/_Admin/Letter/2024.03.29 Letter to Tom Breeggemann Page 148 of 276 Project Name:City Hall ADA Counter ImprovementsBID TABULATION Commission No.: 242020 Wold Architects and Engineers Date: 3/26/2024 332 Minnesota Street, Suite W2000 Time: Saint Paul, Minnesota 55101 651.227.7773 Fax: 651.223.5646 Bidders Name AddendumNumbersBid Security Base Bid Alternate #1 Admin Remodel Versacon, Inc 9443 Science Center Dr Minneapolis, MN 55428 Ph: 763-391-5610 Weber Consulting Associates, Inc 2497 7th Ave E North St. Paul, MN 55109 Ph: 651-770-5350 Action Construction Services 2121 57th ave N Brooklyn Center, MN 55430 Ph: 763-600-6986 1 X 1 X $67,000.00 $23,000.00 1 X $47,000.00 $15,500.00 $79,000.00 $22,000.00 Apparent Low Bidder Remarks Page 149 of 276 Date: 4/15/2024 Agreement with Davey Resource Group for Professional Services for Vegetation Management Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Davey Resource Group for professional services for vegetation management, City Project 24-54. Overview The City's adopted five-year Capital Improvement Plan (2024-2028) includes vegetation management of City properties. The City's natural resources management program is designed to manage, promote, and protect the City's natural resources, including creeks/streams, greenway corridors, stormwater management basins, prairies, wetlands, and woodlands. The City annually implements management strategies to preserve and enhance the quality of the City's natural resources. The 2024 program includes restoration practices and mechanical/chemical treatments designed to manage the spread of invasive species such as buckthorn, garlic mustard, ragweed, stinging nettle, thistle, wild parsnip, Japanese Knotweed and Siberian Elm. The City received three quotes for the 2024 large area vegetation management locations, ranging from a low quote of $43,255.00 submitted by Davey Resource Group to a high quote of $56,895.00. The Agreement establishes the scope of services, estimated cost and proposed schedule to complete the work. Scheduled management strategies are programmed to be completed by the end of 2024. Supporting Information 1. Agreement Financial Impact: $43,255.00 Budgeted: Yes Source: Utility Fund (Environmental Resources) Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Ann Messerschmidt, Environmental Resources Specialist II Page 150 of 276 CONTRACT FOR PRIORITY 1 MAINTENANCE SERVICES AGREEMENT made this 15th of April, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and CT CORPORATION SYSTEMS INC. dba Davey Resource Group, Inc., a Delaware corporation, ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1.SCOPE OF SERVICES. The Contractor agrees to perform the services set forth in the Contract Documents. Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the contract documents. The Contractor shall provide the Priority 1 Maintenance Services for the Property Descriptions/Locations attached as Exhibits A and A-1 as Scope of Service Details and Maps of each site. Contractor shall complete and provide the Treatment Summary in the form attached hereto as Exhibit B within three (3) days of any treatment. Contractor shall provide the End of Season Summary in the form attached hereto as Exhibit C by November 30, 2024. 2.CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A.This Agreement. B.Contractor’s Proposal. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “B” has the last priority. 3. COMPENSATION. Contractor shall be paid by the City for the services described in Paragraph 1 in accordance with the fee schedule attached in the Contractor’s Proposal which is inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 4. TERM. The term of this contract is April 16, 2024 through December 31, 2024. Page 151 of 276 5.RIGHTS AND REMEDIES. A.The duties and obligations imposed by the Contract Documents, and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B.No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 6.CONDITION/INSPECTION/REMEDY. A.Services shall be subject to inspection by the City. B.Defective work shall be removed and replaced, or satisfactorily repaired. 7.CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the fee schedule provided in the Contractor’s Proposal or negotiated between the parties based on similar work provided in the Proposal. 8.UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 9.DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 10.COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 11.STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 12.INDEMNIFICATION. Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees to the extent caused by Contractor’s negligence or its negligent performance or failure to perform its obligations under this Contract. Contractor’s Page 152 of 276 indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract for a period of two (2) years. Notwithstanding anything to the contrary in this Agreement, Contractor’s indemnity, defense, and hold harmless obligations will not extend to any claim or liability that is alleged to be caused by the negligence or willful misconduct of the indemnified party or other third party not controlled by Contractor; rather, such indemnification claims will be administered based upon a determination of the degree of comparative fault of each party. Contractor retains the right to select counsel reasonably acceptable to the indemnified party, and the indemnified party will provide reasonable cooperation and not unreasonably withhold consent to settle any claims for which Contractor is providing defense or indemnification. Notwithstanding anything to the contrary, in no event will Contractor be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, and in no event will Contractor’s aggregate liability arising out of this Agreement, or the services performed exceed the amount of the applicable insurance limits set forth in this Agreement. 13. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Professional Liability $1,000,000. Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with limits are as follows: Page 153 of 276 $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. All insurance policies (or riders) required by this Agreement shall be (i) Taken out by the Contractor and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) Shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. (iii) Shall include Contractor as an insured party and City as an additional insured with respect to General Liability, Auto Liability, and umbrella policies on a primary and non-contributory basis, (iv) Shall be in accordance with specifications approved by the insurance advisory for City, and (v) Shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the City. Certificates of Insurance that do not meet these requirements will not be accepted. Certificates of Insurance shall include the policy endorsements showing the City included as additional insured on a primary and non-contributory basis. 14. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 15. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed Page 154 of 276 services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 16. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 17. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 18. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 20. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 21. RECORDS. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. 22. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 23. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for services rendered Page 155 of 276 Page 156 of 276 EXHIBIT A SCOPE OF SERVICE DETAILS AND MAPS Page 157 of 276 EXHIBIT A SCOPE OF SERVICE DETAILS Section 1 –Meetings 1.1 Preliminary Meeting: Site supervisor is to meet Environmental Resources staff on site before, or on, the first day of work if they were not previous year contractor for the listed sites. An online meeting will work if previous contractor, but site lead/supervisor should be in attendance at either type of meeting. 1.2 Mid-season Meeting: After first round of treatments occur, City staff may request a meeting to discuss any changes needed in the plan for the remainder of the year (meet on-site if needed). Section 2 – Timing of Weed Control 2.1 Inspection of Area Inspections are to be conducted based on growing season and weed cycles by Contractor listed in this agreement. Plan on scheduling maintenance of sites based on plant phenology across the metro. Lakeville staff might alert you to timing needs based on site inspections, but it is the Contractor’s responsibility to provide the maintenance at the proper time. Make sure areas outside of boundary on map are searched for spreading of target species and manage them at the time of discovery. Inform Lakeville staff of locations found outside of mapped areas. 2.2 Scheduling & Timing of Treatment Maintenance is to occur before seed-out of weedy species. If contractor misses the timing and target species seeds out, the Contractor will be responsible for additional work at no cost greater than the predetermined estimate. Invasive and weedy species are to be controlled by mechanical or chemical means during the growing season as indicated on map exhibits and quote sheet. All treatments should be rechecked after one week and before two weeks after treatment. Any missed plants should be treated or pulled if seeding out. Timing of treatment for each site is indicated on the quote sheet and on each site map. Ideally treatments will occur in early spring to stop tall growth of unwanted species and treatment focus should be conducted on the small plants/rosettes long before the plants seed out. 2.3 Communication Environmental Resources staff must be contacted at least 24 hours prior to maintenance activities. The City of Lakeville contact is Ann Messerschmidt (952) 985-4528 – office phone, or (612) 283-8383 – cell phone; amesserschmidt@lakevillemn.gov. Items in the quote sheet that are greyed out are possibly needed. Do not conduct greyed out work until confirmed by Ann. If treatment occurs and contact was not made, the city reserves the right to not pay for that treatment. Page 158 of 276 Section 3 – Type of Maintenance 3.1 Mechanical Removal (mowing/weed whipping) Mechanical tools and equipment should be cleaned of any debris or seeds before used at each site. The tools can be used as needed but ensure soil disturbance is kept to a minimum. Avoid desirable native species. Mowing is typically whole site, but groupings of native plants can be avoided. Mowing is to be no lower than 6” from the ground. If hand weeding makes the most impact, use that as the preferred method. 3.2 Chemical Use Spot spraying is preferred to vast area spraying. Amount and type of chemical used should be considered and label should always be followed. When spraying near water, “water safe” chemicals are to be used. Avoid spraying on windy days to avoid drift. 3.3 Grazing If you have access to animals to manage specific area at a cost similar to, or less than what is planned, and/or will potentially provide better management, please inform staff as the least amount of chemical use possible at all sites is ideal. Section 4 – General Guidance 4.1 The Contractor will furnish all relevant expertise as well as all labor, materials, equipment (clean), skills, safety and performance of all operations required to complete all requested maintenance work, which includes, but is not limited to: - Plant identification. - Equipment used by contractor must arrive on site free of weed seeds, plant parts or soil from offsite. If equipment is inspected by City staff upon arrival and not satisfactorily clean, the City reserves the right to require the contractor to leave, clean equipment and return to the site to complete the work at no additional cost to the City. - Safe spot herbicide application (including aquatic approved herbicide if working near water) before seed out of target species. - Contractor may not spray-out unused herbicide tanks on site and must be dealt with using environmental safety regulations. - Follow up inspection by contractor and treatment of target species missed within two weeks of treatment window. - Identifying the City’s requested target control species at each site, based on the maps, and site description. - Mowing and weed whipping - ensure only using clean equipment to not transfer undesired plants from other locations. - Communication with City staff at least 24 hours in advance of when you will be onsite. 48 hours preferable. The lead who will be present at the site must make sure to talk with City Environmental staff before work is completed to ensure the correct work is completed at the correct locations. - Follow-up reports to the City when work is completed. Work is not considered complete until form is turned in. Payment will be distributed after this has been received. Page 159 of 276 Section 5 – Removed Plant Material 5.1 The City does not have a location to place plant material, so ensure that proper equipment is onsite to properly dispose of removed plant material, or within 24 hours at latest. Quote should reflect disposal costs of plant material. Section 6 – Performance Standards 6.1 Tasks (mowing, weed whipping, general spot treating, etc.) must kill/cut back 90% of the target species that are present at the time of the project. Priority target species must be controlled prior to flower development. Incidental spraying/cutting of non-target species will be kept at a minimum. o Weedy and Invasive Species The goal is to have the area contain as few weed species as possible with particular attention paid to removal of thistle, wild parsnip, garlic mustard, purple loosestrife, burdock, ragweed, birds foot trefoil, stinging nettle, crown vetch or any MDA listed invasive species. Undesirable trees/shrubs: boxelder, buckthorn, black locust, Siberian elm, mulberry, honeysuckle, etc. All volunteer trees should be cut each visit and chemically treated at least once in the fall. o Native Species Native forbs and grasses are the most desirable plants at each location. All maintenance efforts should be conducted to enhance native species with preference to forbs. If contractor misses the window for spraying and the target species such as thistle seeds out, the contractor is responsible for hand removal of plants in a manner that does not distribute seeds and are also responsible for disposal of the plant material in a manner that doesn’t spread the seed, or a written treatment plan that includes timelines for management must be provided and agreed upon by City staff. Follow up treatments at the cost of the contractor may be requested if these standards are not met. Section 7 – Site Specific Information – See each map (South Creek Hamburg site has locked gate – work with staff to obtain a key for the season) Section 8 –Reporting 8.1 Treatment Summary Fill out the City provided ‘Treatment Summary’ form, or equivalent information, after treatments are conducted and provide to Environmental Resources Specialist within 3 working days, attached here to. We do have electronic reporting available. Contact staff to set up log in. Paper or electronic submittals will be accepted. Page 160 of 276 8.2 End of Season Summary Fill out the City provided ‘End of Season Summary’, or equivalent information, at the end of the season and provide to the Environmental Resources staff when final site visits are completed, or no later than November 30, 2024, detailing issues at each location and recommendations for the following maintenance season, attached here to. Page 161 of 276 EXHIBIT A-1 MAPS Page 162 of 276 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 01. 205TH CHANNEL TREATMENT AREA Page 163 of 276 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 02. SOUTH CREEK HAMBURG Page 164 of 276 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 06. SHADY OAK GROVE WETLAND RESTORATION Page 165 of 276 2025 2024 2027 20272026 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 15. AVONLEA CREEK & WETLAND RESTORATION Page 166 of 276 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 18. CASPERSON PARK WOODLAND Page 167 of 276 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 23. ORCHARD WALL VEG. ESTABLISHMENT Page 168 of 276 2025 2024 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 24. MIDDLE CREEK Page 169 of 276 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 26. CASLANO CHANNEL Page 170 of 276 EXHIBIT B TREATMENT SUMMARY Page 171 of 276 Get fillable version from Lakeville staff Page 172 of 276 EXHIBIT “C” END OF SEASON SUMMARY Page 173 of 276 Get fillable version from Lakeville staff Page 174 of 276 CONTRACTOR’S PROPOSAL Page 175 of 276 Owner:City of Lakeville Project:Priority 1 Vegetation Maintenance Locations 2024 Quote Proposal from: Davey Resource Group Location 1.10,800 sq ft (0.25 acres) 205th Channel TYPE # OF VISITS TIMING NOTES COST SPRAY 1 Before May 1 See contract and/or note $425.00 SPRAY 1 Before June 20 $400.00 SPRAY, CUT & TREAT 1 Before August 10 Area has been managed, should be minimal. $700.00 $1,525.00 Location 2.3 acres South Creek Hamburg TYPE # OF VISITS TIMING NOTES COST SPRAY 1 Before May 1 $1,510.00 Page 176 of 276 South Creek Hamburg MOW or SPRAY 1 Before June 20 $1,510.00 SPRAY, CUT & TREAT 1 Before August 10 Likely less than 1 acre worth - near treelines and creek. $1,700.00 $4,720.00 Location 6.21,000 sq ft (0.48 acres) Shady Oak Grove Wetland & Buffer TYPE # OF VISITS TIMING NOTES COST SPRAY 1 Before May 1 $400.00 SPRAY 1 Before June 20 Spray thistle, crown vetch, birds foot trefoil and other weedy species before they seed out.$400.00 SPRAY, CUT & TREAT 1 Before August 10 Area has been managed, should be minimal. $550.00 $1,050.00 Location 15.9.5 acres Avonlea TYPE # OF VISITS TIMING NOTES COST SPRAY 2 Before May 1 & June 20 Green gables section and areas near trails.$3,900.00 CUT & TREAT 1 Before August 10 or Fall (before December 31) Remove potential volunteer trees and insasive shrubs in sections marked behind homes. Then remove all willows in 2 acre section (see year on map). Focus on removing volunteer trees as well under 3" dbh. The cost in this location includes removal of material.$6,000.00 $9,900.00 Location 18.2.2 acres Casperson Park Woodland TYPE # OF VISITS TIMING NOTES COST SPRAY 1 Before May 1 $1,040.00 Page 177 of 276 Casperson Park Woodland SPRAY 1 Before July 15 Treat for buckthorn, thistle, or other weeds. Mow down buckthorn if spraying isn't possible due to temps. $700.00 SPRAY 1 Before October 20, but after First weekend in Oct. Focus on buckthorn. Alternate below. $450.00 GRAZING 1 same as above Number of animals and length of time needed to defoliate 90% of buckthorn and start bark stripping.NA $2,190.00 Location 23.1,420 sq. ft. (0.03 acres) Orchard Wall sites A & B on 175th St W TYPE # OF VISITS TIMING NOTES COST SEED &/or PLUGS 1 SPRING Plan on hand seeding in a seed mix that is $125 and planting $200 worth of plugs.$550.00 SPRAY 2 Before May 1 & June 20 Time first spray to not harm new seed and plants. $600.00 SPRAY 1 Before August 10 Mow or spray before weed species seed out. Also remove any volunteer trees.$400.00 $1,550.00 Location 24.10 acres Middle Creek at Pinnacle Reserve TYPE # OF VISITS TIMING NOTES COST SPRAY 1 Before May 1 $4,600.00 MOW or SPRAY 1 Before June 20 $4,600.00 MOW 1 Before July 15 Mow down buckthorn and other volunteer trees small enough in wetland area.$1,700.00 MOW or SPRAY 1 Before August 10 $1,700.00 CUT & TREAT & SPRAY 1 Fall Spray buckthorn in wetland area. For creek areas, provide a daily rate for removal (small willow whips to as large as 3" dbh) and for the COST expect 24 hours of work. Alt below $1,800.00 Page 178 of 276 Middle Creek at Pinnacle Reserve SPRAY 1 Fall Spray buckthorn, volunteer trees and invasive shrubs in all the areas. $4,100.00 $16,700.00 Location 26.4 acres Caslano SPRAY 1 Before May 1 $1,740.00 MOW or SPRAY 1 Before June 20 $1,740.00 MOW or SPRAY 1 Before August 10 $1,840.00 $5,320.00 Reporting All Locations Use provided templates to submit reports 3 days from application date and complete an end of season summary for each location by November 30, 2024. $300.00 ***Billing must invoice per location and include date of visit. Perform maintenance as needed. Please confirm with city staff prior to treatment. TOTAL (all green shaded numbers to be used to determine contract for comparison)$43,255.00 TOTAL without the possible treatments $36,255.00 Additional Maintenance Per Visit COST COST 2024 Additional invasive species control by mechanical or chemical means as directed by city staff. (Per hour COST including mobilization and equipment) $100/Labor $65.00/gallon of pesticde Page 179 of 276 Date: 4/15/2024 Agreement with Metropolitan Council for Volunteer Lake Monitoring Program Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Metropolitan Council to administer a volunteer lake monitoring program. Overview The City and Metropolitan Council partner annually to establish a citizen-assisted monitoring program (CAMP) to study the water quality of East Lake, Lee Lake, Lake Marion and Valley Lake. City staff and volunteers measure surface water temperature and water transparency, and collect water samples that are then analyzed by Metropolitan Council staff. Results are used to manage, promote and proactively protect the water quality of the City's lakes. The Agreement establishes City and Metropolitan Council responsibilities for 2024. The City share of the cost is $3,040 ($760/lake) and includes processing of up to 14 samples for each lake. Orchard Lake and Kingsley Lake are also monitored as part of the CAMP. Sampling of these lakes are paid for by the Black Dog Watershed Management Organization through a separate contract. Supporting Information 1. Agreement (Metropolitan Council Contract No. 24R005J) Financial Impact: $3,040 Budgeted: Yes Source: Utility Fund (Environmental Resources) Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Patrick Martin, Environmental Resources Technician Page 180 of 276 Metropolitan Council Contract No. 24R005J INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF LAKEVILLE THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Lakeville (the "City"), each acting by and through its duly authorized officers. THE ABOVE-NAMED PARTIES hereby agree as follows: I. GENERAL SCOPE OF AGREEMENT The Council and the City agree to undertake a volunteer lake monitoring study in order to provide an economical method of broadening the water quality database on lakes in the Twin Cities Metropolitan Area. II. SPECIFIC SCOPE OF SERVICES 2.01 Lake Monitoring Program. The City and the Council agree to jointly undertake a volunteer lake monitoring program as specified below: a. General Purposes of Program. The volunteer lake monitoring program involves the use of citizen-scientist volunteers to monitor lakes in the Twin Cities Metropolitan Area. The volunteers will collect surface water samples which will be analyzed for total phosphorus (TP), total Kjeldahl nitrogen (TKN), and chlorophyll-a (CLA). In addition, the volunteers will measure surface water temperature, water transparency, and fill out a monitoring form that describes the lake and weather conditions at the time of the monitoring event. Lakes will be visited from April through October of 2024 (the “Monitoring Period”) for the number of times and at the approximate intervals specified in paragraph (b) below. Each lake will be sampled at the location as indicated on the site location map provided by the Council. The Council will arrange for chemical analysis of the samples either through its own laboratory or an outside laboratory. b. Specific Lakes Involved. The following lakes and specific lake site(s) listed below will be involved in the Council’s Citizen-Assisted Lake Monitoring Program (CAMP) in 2024. Page 181 of 276 Metropolitan Council Contract No. 24R005J 2 Lake name DNR ID# Number of monitoring events Approximate monitoring interval Quantity of new kits East 19-0349 8 to 14 Biweekly 0 Lee 19-0029 8 to 14 Biweekly 0 Marion 19-0026-01 8 to 14 Biweekly 0 Valley 19-0348 8 to 14 Biweekly 0 2.02 City Responsibilities. The City agrees that it will have sole responsibility for: a. Recruiting volunteers (who have access to a boat) to monitor the lakes the City wishes to involve in the program as listed in section 2.01(b) above. b. Providing the Council and/or volunteers with needed lake information such as lake bathymetric maps and access locations. c. Paying for the laboratory analysis cost of the samples collected by volunteers which cost is included in the amounts specified in Article III below. d. Ensuring that the volunteers participate in the training program and follow CAMP methods and procedures. e. Ensuring that the volunteers fill out a monitoring form during each monitoring event. f. Picking up the samples and the lake monitoring forms from their volunteers and delivering those items to the City’s central storage location. The City will be responsible for providing the central storage location. The central storage location can be a Council facility, but the City will be required to deliver the samples and monitoring forms to this facility. The samples are required always to be frozen. g. Storing its volunteers’ samples until picked up by Council staff. The samples are required always to be frozen. h. Maintaining, storing, and restocking its monitoring kits. i. Delivering and picking up its monitoring kits to and from their volunteers. Page 182 of 276 Metropolitan Council Contract No. 24R005J 3 2.03 Council Responsibilities. The Council agrees that it will: a. Organize the survey. b. Provide training for the volunteers. c. Pick up the samples and lake monitoring forms from the City’s central storage location and deliver them to the laboratory at approximately 2- month intervals starting in June. d. Review the results of the monitoring data. e. Prepare a final report containing the physical, chemical, and biological data obtained during the Monitoring Period and a brief analysis of the data. f. Provide quality control by collecting lake samples from random lakes involved in the volunteer program. The resulting parameter values will then be compared to the volunteers’ results to determine if any problems exist involving the volunteer's monitoring activities and what should be done to correct the problem. g. Provide and deliver to the City the expendable monitoring items (e.g. sample containers, labels, filters, aluminum sheets, zip-style plastic bags, and lake monitoring forms). The expendable monitoring items will be delivered in the weeks preceding the start of the monitoring season. The cost of the expendable monitoring items is included in the annual participation fee. III. COMPENSATION; METHOD OF PAYMENT 3.01 Payment to Council. For all labor performed and reimbursable expenses incurred by the Council under this agreement during the Monitoring Period, the City agrees to pay the Council the following amounts per lake site listed in section 2.01(b). The participation fee will be billed based on the quantity of monitoring events actually monitored or sampled. Number of Monitoring events Participation Fee (excludes monitoring equipment) 8 to 14 $760 1 to 7 $380 0 $0 For lake sites requiring monitoring equipment, the cost for a kit of monitoring equipment is $225 per kit. 3.02 Payment Schedule. Payment of the total amount owing to the Council by the City shall be made within 30 days of the date of the invoice. An invoice specifying the amount owed by the City will be sent under separate cover after the end of the monitoring period. Page 183 of 276 Metropolitan Council Contract No. 24R005J 4 3.03 Additional Analyses. The total amount specified in paragraph 3.01 does not include the cost of any additional analyses requested by the City, such as analysis of bottom samples. The Council will carry out any such additional analyses at the request of the City and subject to the availability of Council resources for carrying out such analyses. The Council will bill the City after the end of the Monitoring Period for any such additional analyses at the Council’s actual cost, and the City will promptly reimburse the Council for any such costs billed. The costs for additional analyses are provided in Exhibit A. 3.04 Replacement of Durable Equipment. The total amount specified in paragraph 3.01 does not include the cost of replacing durable monitoring equipment, such as thermometers, Secchi disks, filter holders, hand pumps, graduated cylinders, sampling jugs, forceps, and tote boxes. The Council will provide and deliver durable monitoring equipment that needs replacement upon request from the City. The Council will bill the City for any such replaced durable monitoring equipment at the Council’s actual cost, and the City will promptly reimburse the Council for any such costs billed. IV. GENERAL CONDITIONS 4.01 Period of Performance. The services of the Council will commence on April 1, 2024, and will terminate on March 31, 2025, or following work completion and payment, whichever occurs first. 4.02 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes will be effective only on the execution of written amendment(s) signed by duly authorized officers of the parties to this agreement. 4.03 City Personnel. Patrick Martin, or such other person as may be designated in writing by the City, will serve as the City’s representative and will assume primary responsibility for coordinating all services with the Council. Patrick Martin City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 952-985-4525 4.04 Council's Contract Manager. The Council's Contract Manager for purposes of administration of this agreement is Brian Johnson, or successor, or such other person as may be designated in writing by the Council. The Council’s Contract Manager will be responsible for coordinating services under this agreement. However, nothing in this agreement will be deemed to authorize the Contract Manager to execute amendments to this agreement on behalf of the Council. Page 184 of 276 Metropolitan Council Contract No. 24R005J 5 Brian Johnson, or successor Metropolitan Council 2400 Childs Road St. Paul, MN 55106 651-602-8743 4.05 Equal Employment Opportunity; Affirmative Action. The Council and the City agree to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Council and the City agree not to discriminate against any employee, applicant for employment, or participant in this study because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; and further agree to take action to assure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 4.06 Liability. Each party to this agreement shall be liable for the acts and omissions of itself and its officers, employees, and agents, to the extent authorized by law. Neither party shall be liable for the acts or omissions of the other party or the other party’s officers, employees or agents. Nothing in this agreement shall be deemed to be a waiver by either party of any applicable immunities or limits of liability including, without limitation, Minnesota Statutes, chapter 466 (Municipal Tort Claims). 4.07 Copyright. No reports or documents produced in whole or in part under this agreement will be the subject of an application for copyright by or on behalf of the Council or City. 4.08 Termination of Agreement. The Council and the City will both have the right to terminate this agreement at any time and for any reason by submitting written notice of the intention to do so to the other party at least 30-calendar days prior to the specified effective date of such termination. In the event of such termination, the Council shall retain a pro-rata portion of the amounts provided for in Article III, based on the number of monitoring events occurring for each lake before termination versus the total monitoring events specified for each lake. The balance of the amounts will be refunded by the Council to the City. 4.09 Force Majeure. The Council and the City agree that the City shall not be liable for any delay or inability to perform this agreement, directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of Council and the City. 4.10 Audits. Pursuant to Minn. Stat. Section 16C.05, Subd. 5, the parties agree that the books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by either party and the state auditor or legislative auditor, as appropriate, for at least six years from the end of this agreement. Page 185 of 276 Metropolitan Council Contract No. 24R005J 6 4.11 Relationship of Parties and their Employees. Nothing contained in this agreement is intended, or should be construed, to create the relationship of co-partners or a joint venture between the Council and the City. No tenure or any employment rights including worker's compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, retirement, or other benefits available to the employees of one of the parties, including indemnification for third party personal injury/property damage claims, shall accrue to employees of the other party solely by the fact that an employee performs services under this agreement. 4.12 Severability. If any part of this agreement is rendered void, invalid or unenforceable such rendering shall not affect the remainder of this agreement unless it shall substantially impair the value of the entire agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. CITY OF LAKEVILLE METROPOLITAN COUNCIL By: _________________________________ Name: ______________________________ Its: _________________________________ Date: _______________________________ By: ________________________________ Name: ______________________________ Its: Water Resources Assistant Manager Date: _______________________________ By: _________________________________ Name: ______________________________ Its: _________________________________ Date: _______________________________ Page 186 of 276 Metropolitan Council Contract No. 24R005J 7 EXHIBIT A Metropolitan Council Environmental Services Laboratory Prices for Additional Analyses Parameter Laboratory Code Price (per sample) Phosphorus, low level LLTP-AV $15.50 Total Kjeldahl Nitrogen TKN-AV $15.50 Chlorophyll CLA-TR-CS CLA-CAMP $15.50 Chloride CL-AV2 $10.00 Ortho-phosphorus ORTHO-AV $12.00 Hardness Ca, Mg, + Hardness via calculation HARD-AV HARD-OESV $12.00 $16.00 Alkalinity ALK-AV2 $15.50 Sulfate SO4-ICV $15.00 Metals (Cd, Cr, Cu, Pb, Ni, Zn) MET-MSV2 $48 Minerals Suite (Ca, K, Mg, Na) + Hardness via calc MIN-MSV2 $32 Individual minerals (e.g. Fe) Individual metals XX-MSV2 XX-MSV2 $8.00 (per element) A parameter not on this list Contact the Council’s Contract Manager for specific pricing. Page 187 of 276 Date: 4/15/2024 Agreements with MOM Brands for Site Improvement Performance and Stormwater Maintenance Proposed Action Staff recommends adoption of the following motion: Move to approve the Site Improvement Performance Agreement and Stormwater Maintenance Agreement with MOM Brands Company, LLC. Overview MOM Brands Company, LLC owns a property and building located at 21370 Heywood Avenue and plans to make interior and exterior building improvements that require a modified and expanded on-site stormwater management basin and a site plan performance agreement to address on-site improvement securities. A stormwater maintenance agreement is required for the proposed stormwater basin to be constructed in association with the building modifications. MOM Brands Company, LLC has signed the site improvement agreement and stormwater maintenance agreement. A copy of the approved site plan is attached. Supporting Information 1. Site Plan 2. Signed SIPA 3. Signed SMA Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Diversified Economic Development Report Completed by: Frank Dempsey, Associate Planner Page 188 of 276 5.00'176.61'5.00'2.50'5.00'171.76'103.51'64.42' 34.18' 4. 0 0 ' 10.00'5.00'5.86'5.50'CL PIPETO BLDGTYP.17.88'10.37'8.43'8.00'38.00' 8. 0 0 ' 6. 5 0 ' 15'8'S89° 28' 16.84"E19.000'N0° 31' 43.16"E33.000'N43° 05' 16.67"E34.252'N0° 31' 43.16"E75.410'S89° 28' 16.84"E70.000'S89° 28' 16.84"E39.000'N0° 31' 43.16"E45.211'N43° 0 5 ' 1 6 . 6 7 " E 3 4 . 2 5 2 ' N0° 31' 43.16"E 63.199'S89° 28' 16.84"E50.000'PROPERTY LINEPROPERTY LINEPROPERTY LINEB612 CURB TAPER TOSTM-01 SEE DETAILSTM-08 & PMNT-08/C501EXISTING BUILDINGFFE = 964.60'6 LF 4" SCH.40 @ -2.35%5 LF 6" PVC SCH40 @ 1.06%CUT IN 6X6 WYE W/WATER TIGHTCONNECTION, REPAIR PIPE DAMAGECONTRACTOR TO PROVIDE SHOP DWGSTO FIT FIELD CONDITIONSIE: 955.75 (VERIFY)BUILDING SERVICE STUB FORPROCESS WASTE WATERIE: 957.30960.7HEYWOOD AVE 121 LF 6" PVC SCH 40 @ 1.00%STORMWATER EASEMENTSTORMWATER EASEMENTEX. 6" C.I.P.EX. 6" C.I.P.EX. 8" PVCEASEMENTCONCRETE PAVEMENT/RODENT STRIP, SEE DETAILPVMT-24/C501CONCRETE PAVEMENT/RODENT STRIP, SEE DETAILPVMT-24/C501LOCATION OF TRANSFORMERPAD, COORDINATE WITH ELECEXISTING DOWNSPOUTLOCATIONSNEW DOWNSPOUT LOCATIONSSEE ROOFING PLANRIP RAP AT END SECTION, SEEDETAIL STM-04/C501RIP RAP AT END SECTION, SEEDETAIL STM-04/C501OPEN CUT SIDEWALK AT JOINTS, REPAIR IN KINDREPLACE CONCRETE CURB AND GUTTER IN KINDBITUMINOUS PATCH,MATCH EXISTINGSECTIONREESTABLISH LANDSCAPINGIN KIND WITH SODREESTABLISH LANDSCAPINGIN KINDVALLEY GUTTERSEE PMNT-05/C501CONCRETE PAVEMENT/RODENT STRIP, SEE DETAILPVMT-24/C501SEED AND MULCH ALLDISTURBED GRASS AREASNEW STOOP (TYP.)COORDINATE WITHARCH/STRUCTURAL2.5" CALIPER RED MAPLE(ACER RUBRUM) ORAPPROVED EQUALREPLACEMENT TREESEE DETAILSEED AND MULCH ALLDISTURBED GRASS AREASREESTABLISH LANDSCAPINGIN KIND WITH SODREESTABLISH LANDSCAPINGIN KIND WITH SODREESTABLISH LANDSCAPINGIN KIND WITH SODSEED AND MULCH ALLDISTURBED GRASS AREAS12 FT LONG MODULAR BLOCKRETAINING WALLCLEAN OUTRIM: 960.6INSULATE ENTIRE SANITARYSERVICE SEE SAN-44/C5016' X 35' RIPRAP SWALE2"-3" STONE9" DEPTH WITH MIRAFI 180N FABRICDISH SWALE TO PROMOTE DRAINAGE TO WESTPLACE SOD ONDRY BASIN EOFELEV: 961.3RIP RAP AT END SECTION, SEEDETAIL STM-04/C501CONCRETE PAVEMENT SEEPMNT-03/C501BITUMINOUS PAVEMENTSEE PVMT-01/C501MILLED BITUMINOUS EDGESEE PVMT-07/C501MILLED BITUMINOUS EDGESEE PVMT-07/C501DRY BASIN #1BOTTOM: 960.7EROSION CONTROL BLANKET,SEE DETAIL LV-STM-19/C501LEGENDPROPOSED CONCRETE PAVEMENTLEGENDEXISTING PROPERTY LINEEXISTING TELEPHONE LINEEXISTING GAS LINELIMITS OF CONSTRUCTIONEXISTING ELECTRIC LINEEXISTING OVERHEAD ELECTRIC LINEEXISTING DOWNSPOUTEXISTING EASEMENT LINEEXISTING WATERMAINEXISTING SANITARY SEWEREXISTING STORM SEWEREXISTING BITUMINOUS PAVEMENTEXISTING RIP RAPEXISTING LANDSCAPINGEXISTING GAS METEREXISTING BOLLARDEXISTING SIGNPROPOSED RIP RAPPROPOSED STORM SEWERPROPOSED MILLED BITUMINOUS EDGEPROPOSED REPLACEMENT TREEPROPOSED ASPHALT PAVEMENTPROPOSED SODPROPOSED SEED AND MULCHPROPOSED EROSION CONTROL BLANKET1.ALL EXISTING INFORMATION TAKEN FROM SURVEY BYMEYER-ROHLIN LAND SERVICES. PROJECT NUMBER 23323, DATED10/06/2023 . BACKGROUND SURVEY ON THESE DRAWINGS IS FORREFERENCE ONLY. REFER TO CERTIFIED SURVEY AS THE BASISFOR ALL PROJECT WORK.2.SUBSURFACE GEOTECHNICAL INVESTIGATION HAS NOT BEENPROVIDED TO DATE.3.CONTRACTOR TO FIELD VERIFY ALL EXISTING CONDITIONSINCLUDING LOCATIONS OF EXISTING PUBLIC AND PRIVATEUTILITIES, AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIORTO STARTING CONSTRUCTION.4.ALL EXISTING UTILITIES AND OTHER IMPROVEMENTS ARE TOREMAIN UNLESS NOTED OTHERWISE.5.CONTRACTOR TO KEEP FROM DAMAGE ALL EXISTINGIMPROVEMENTS, LANDSCAPING, STRUCTURES AND UTILITIES THATARE TO REMAIN. CONTRACTOR TO REPAIR ANY DAMAGE AT OWNEXPENSE.6.ALL WORK TO CONFORM WITH CITY OF LAKEVILLE AND STATE OFMINNESOTA STANDARDS AND REGULATIONS.7.ALL EXCAVATIONS MUST COMPLY WITH THE REQUIREMENTS OFOSHA 29 CFR, PART 1926, SUBPART P "EXCAVATIONS ANDTRENCHES". THIS DOCUMENT STATES THAT EXCAVATION SAFETY ISTHE SOLE RESPONSIBILITY OF THE CONTRACTOR.8.FLARED END SECTIONS (FES) ARE SHOWN ON PLAN LARGER THANACTUAL SIZE. ALL PIPE LENGTHS INCLUDE FES.CONTRACTOR/SURVEYOR TO STAKE THE END OF FES FORLOCATION.9.PROVIDE TRAFFIC CONTROL AT STREETS AND SIDEWALKS PER CITYOF LAKEVILLE AND MUTCD REQUIREMENTS. AS REQUIRED; TRAFFICCONTROL DESIGN, RELATED PERMITTING, AND DRAWINGS SHALLBE THE RESPONSIBILITY OF THE CONTRACTOR.10.ANY WORK PERFORMED OUTSIDE THE PROPERTY BOUNDARIESMUST BE APPROVED BY OWNER AND ALL REGULATINGGOVERNMENT AGENCIES AND APPROPRIATE PERMITS MUST BEOBTAINED.11.CONTRACTOR'S SURVEYOR SHALL RESET PERMANENTMONUMENTS AT LOCATIONS OF ALL FOUND MONUMENTS THAT AREDISTURBED BY CONSTRUCTION AT NO COST TO OWNER.CONTRACTOR'S SURVEYOR SHALL PREPARE A MONUMENTPRESERVATION CERTIFICATE IN ACCORDANCE WITH STATE LAW.GENERAL NOTES1.CONTRACTOR TO RESTORE ALL AREAS OUTSIDE THE LIMITS OFPAVING WITH SOD PER MNDOT SPECIFICATION SECTION 3878.2.INSTALL PERIMETER AND SEDIMENT CONTROL ITEMS PRIOR TOCONSTRUCTION.3.REMOVE ALL SOILS AND SEDIMENTS TRACKED OR OTHERWISEDEPOSITED ONTO PUBLIC AND PRIVATE PAVEMENT AREAS.REMOVAL SHALL BE ON A DAILY BASIS THROUGHOUT THEDURATION OF THE CONSTRUCTION. CLEAN PAVED ROADWAYS BYSHOVELING OR SWEEPING. STREET WASHING IS ALLOWED ONLYAFTER SHOVELING OR SWEEPING HAS REMOVED SEDIMENT. SEECITY OF LAKEVILLE STANDARDS AND REGULATIONS4.RESTORATION REQUIREMENTS ARE SHOWN AT A MINIMUM.ADDITIONAL RESTORATION MAY BE REQUIRED IF THERE ISADDITIONAL SOIL DISTURBANCE.EROSION AND SEDIMENTCONTROL NOTES1.PROPOSED SPOT ELEVATIONS AND CONTOURS ARE TO TOP OFGRADE, PAVEMENT OR GUTTER LINE, UNLESS OTHERWISESPECIFIED.GRADING NOTES0 1"3"2"VERIFY SHEET SCALE HERE RYAN A+E, INC.533 South Third Street, Suite 100Minneapolis, MN 55415612-492-4000 tel612-492-3000 faxREGISTRATION NO.NOT FOR CONSTRUCTION WWW.RYANCOMPANIES.COM© 2024RYAN A+E, INC.CONSULTANTSOWNERKEY PLANPROJECT INFORMATIONAndrew M. Berenberg25126I hereby certify that this plan, specification, or reportwas prepared by me or under my direct supervisionand that I am a duly Registered Architect under thelaws of the State of MinnesotaPROJ. NO.DATE:12/08/2023POST - PET FOODPILOT PLANTSHELLISSUE RECORDISSUE #DATEDESCRIPTION-2023.12.08CD SETA2024.03.04CITY COMMENTSB2024.03.15CITY COMMENTSC2024.03.19CITY COMMENTSD2024.04.10CITY COMMENTSNORTH020'40'60'1"=20'SITE PLANC1011SITE PLANC301SITE DATA TABLECURRENT ZONING I-1PROPOSED ZONINGI-1LOT AREA102,984 SFBUILDING AREA~40,200 SFEXISTING PARKING STD STALLS 37 ST ADA STALLS2 STTOTAL39 STPROPOSED PARKING STD STALLS 37 ST ADA STALLS2 STTOTAL39 STDISTURBED AREA23,000 SFNEW IMPERVIOUS6,767 SFPage 189 of 276 Page 190 of 276 Page 191 of 276 Page 192 of 276 Page 193 of 276 Page 194 of 276 Page 195 of 276 Page 196 of 276 Page 197 of 276 Page 198 of 276 Page 199 of 276 Page 200 of 276 Page 201 of 276 Page 202 of 276 Page 203 of 276 Page 204 of 276 Page 205 of 276 Page 206 of 276 Page 207 of 276 Page 208 of 276 Date: 4/15/2024 Public Hearing for Wellhead Protection Plan Part 2 Proposed Action Staff recommends adoption of the following motion: N/A Overview Staff is requesting to hold a public hearing for the draft Wellhead protection plan, Part 2. Wellhead Protection Plans (WHPP) are required under Federal Safe Drinking Water Act and Minnesota Wellhead Protection Rules (Minnesota Rules 4720.5100-4720.5590). In Minnesota, wellhead protection plans are prepared in two parts and the rules require that WHPPs be amended at least every 10 years. Part 1 of a Wellhead Protection Plan includes the following: • Identification of the portion of an aquifer from which a public water supply well captures water within 10 years. The boundary of this area shown on a map is called the Wellhead Protection Area (WHPA). If a system, such as Lakeville’s, has multiple water supply wells, a WHPA is delineated for each well and the areas are combined to form a composite WHPA. • Delineation of an area defined by geographically identifiable boundaries that encompasses a WHPA. This area is called the Drinking Water Supply Management Area (DWSMA). • Classification of well and aquifer vulnerability, which indicate the potential for a well or aquifer to be impacted by contamination from the surface. o Well vulnerability is classified based on well construction, geology penetrated by the well, and water quality in the well. o Aquifer vulnerability is classified based on geology present within the DWSMA, how long it takes for water to move from the surface into the aquifer, and water quality in the aquifer. An open house for Part 1 of the Wellhead Protection plan was held on October 25, 2022 and the plan completed in 2023. Part 2 of a Wellhead Protection Plan has been drafted and includes the following: • A potential contaminant source inventory (PCSI) within the DWSMA. o This inventory identifies potential contaminant source such as petroleum or chemical storage tanks, known contaminant spill locations, known dump sites, Page 209 of 276 waste or wastewater disposal locations, hazardous waste generators, wells, and more. o The categories of potential contaminant sources that must be inventoried varies with the aquifer vulnerability classification. • Land use issues, problems, or opportunities that may affect the quantity or quality of water in the aquifer used by the public water supply wells. • Water emergency and conservation plan o A city’s DNR-approved Water Supply Plan that includes water emergency information can be incorporated into the Wellhead Protection Plan by reference. o A city’s existing conservation plans (e.g., outdoor water use restrictions in the summer) can be incorporated into the Wellhead Protection Plan. • Management actions to address potential contaminant sources in the DWSMA that pose a risk to the aquifer and the public water supply. The Wellhead Protection Plan also includes an implementation schedule for the management actions. Once the city receives final comments from other agencies the City Council will be asked to approve the plan at a future Council meeting. A draft of the updated Wellhead Protection plan, Part 2 can be found on the City’s website, Wellhead Protection. Supporting Information None Financial Impact: N/A Budgeted: Yes Source: N/A Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Paul Oehme, Public Works Director Page 210 of 276 Date: 4/15/2024 Public Hearing to vacate easement and consider final plat of Interstate Second Addition Proposed Action Staff recommends adoption of the following motion: 1) Approve the vacation of drainage and utility easements, and 2) Approve the final plat of Interstate Second Addition. Overview This action includes a public hearing to consider the vacation of a public drainage and utility easement and separate action for the consideration of a final plat. Interstate Lakeville Property, LLC has submitted applications for a final plat and easement vacation to allow an expansion of vehicle parking for their property located at 21568 Highview Avenue. Interstate Trucking is a business that began operations in Lakeville in 2016 providing trucking/transportation services. To streamline the final plat approval process, Community Development Department staff recommends that the City Council hold the public hearing for the easement vacation, which may be followed by motions to consider the easement vacation and final plat. The property consists of two separate platted lots from two different final plats that must be combined into a single lot to allow the proposed expanded parking on what is now a separate platted property. The final plat plans have been reviewed by Engineering Division staff. The Dakota County Plat Commission has also reviewed the final plat without additional comment. Approval of a final plat requires the applicant to enter into a development contract and stormwater maintenance agreement with the City prior to release of the final plat mylars for recording. The development contract and stormwater maintenance agreement will follow at a future meeting. Supporting Information 1. Planning and Engineering Report 2. Final Plat Resolution 3. Vacation Resolution Financial Impact: $ Budgeted: No Source: Diversified Economic Development Diversified Economic Development Envision Lakeville Community Values: Report Completed by: Frank Dempsey, Associate Planner Page 211 of 276 City of Lakeville Community Development Department Memorandum To: City Administrator, Mayor, and City Council From: Frank Dempsey, AICP, Associate Planner Date: April 11, 2024 Subject: Packet Material for the April 15, 2024 City Council Meeting Agenda Item: Interstate Second Addition 1. Final Plat 2. Easement Vacation Application Action Deadline: April 15, 2024 BACKGROUND Interstate Lakeville Property, LLC has submitted applications for a final plat and easement vacation to allow an expansion of vehicle parking for their property located at 21568 Highview Avenue. The property consists of two separate platted lots from two different final plats that must be combined into a single lot to allow the proposed expanded parking on what is now a separate platted property. Interstate Trucking is a business that began operations in Lakeville in 2016 providing trucking service. The final plat plans have been reviewed by Engineering Division staff. The engineering memo is included in the packet materials. The Dakota County Plat Commission has also reviewed the final plat without additional comment. EXHIBITS A. Location Aerial Photo Map B. Final Plat C. Easement Vacation Sketch D. Site Plan E. Landscape Plan Page 212 of 276 2 F. Dakota County Plat Commission letter dated September 13, 2023 Surrounding Land Uses and Zoning North – 215th Street (CSAH 70) and I-1 District South – Wausau Supply (I-2 District) East – NPL Construction with outdoor storage (I-2 District) West – Highview Avenue and Boise Cascade Building Supply (I-2 District) STAFF ANALYSIS EASEMENT VACATION The drainage and utility easements within Lot 1, Block 1, Interstate First Addition must be vacated to allow the re-plat of the property into a single lot. New easements will be established with Interstate Second Addition. All utility companies that serve the area of the property were notified by the public hearing notice. No comments were received in opposition to the easement vacation. FINAL PLAT Comprehensive Plan. The Interstate Second Addition property is located in Planning District No. 6, of the 2040 Comprehensive Land Use Plan. The proposed expanded industrial use is consistent with the industrial designation of the Comprehensive Land Use Plan. Zoning. The Interstate Second Addition property is zoned I-2, General Industrial District which allows truck mechanical repair as a permitted use. Consistency with the Capital Improvement Plan (CIP). No public street construction or other public funded infrastructure construction is proposed with the Interstate Second Addition final plat. All City streets, sanitary sewer, water and storm sewer improvements required for the area of the Interstate Second Addition were installed by the Interstate First Addition development. On-site private stormwater facilities are required as a condition of final plat approval. Lots/Blocks. The following requirements pertain to the proposed Interstate Second Addition final plat in the I-2, General Industrial District followed by the proposed lot and width: Minimum Lot Area: One acre Minimum Lot Width: 100 feet Page 213 of 276 3 Lot 1 Area: 20 acres Lot 1 Width: 645 feet Lot 1, Block 1, Interstate Second Addition exceeds the minimum lot requirements in the underlying I-2 District. Streets. No new street construction is proposed with the Interstate Second Addition final plat. The property is adjacent to 215th Street (CSAH 70) and Highview Avenue which are respectively classified as minor arterial and minor collector streets in the Comprehensive Transportation Plan. All required right-of-way for the streets abutting the plat was dedicated with previous phases of Acorn Tappe Addition. Trails and Sidewalks. A ten-foot-wide bituminous path is in place along the south side of 215th Street (CSAH 70). No new public sidewalk or trail construction is required with the proposed Interstate Second Addition plat. Grading, Drainage, Erosion Control, and Utilities. Grading, drainage and erosion control plans have been submitted with the Interstate Second Addition final plat. The Engineering Division has reviewed the site, grading, drainage and erosion control, and utility plans. The Engineering Division memorandum will be included in the development contract and stormwater maintenance agreement at a future City Council agenda. Dakota County Plat Commission. The Dakota County Plat Commission reviewed the final plat at its September 13, 2023 meeting and will recommend approval of the final plat to the Dakota County Board. SITE P LAN Setbacks. No expansion or modification to the Interstate Trucking building is proposed as part of the Interstate Second Addition final plat. The proposed parking lot expansion complies with the minimum 15 foot setback to the 215th Street (CSAH 70) right-of-way line. Parking. The existing Interstate Trucking site complies with the minimum required number of parking spaces. The proposed expanded parking area is proposed to allow additional needed parking for Interstate Trucking vehicles/trailers. Only trucks and trailers associated with the function of Interstate Trucking are permitted to park on the Interstate Trucking property. Accessory parking for off-site businesses is not permitted. Page 214 of 276 4 Circulation/Loading Area. Access to the property will remain from Highview Avenue, which includes a full access intersection at 215th Street (CSAH 70). The existing east right-in/right-out access to 215th Street (CSAH 70) will also remain. A private shared driveway access between Lot 1 Interstate Second Addition is in place between Acorn Tappe Addition to the east and shall remain intact with the proposed Interstate Second Addition final plat. Landscaping. The landscape plan proposes seven overstory trees and numerous and shrubs around the periphery of the expanded parking lot. A landscaping escrow shall be submitted as security to guarantee installation of the landscaping. Signs. Additional signage has not been proposed with the Interstate Second Addition final plat. All signage requires a sign permit prior to installation. Snow Storage. Snow storage may not take place in required parking spaces. Development Contract and Stormwater Maintenance Agreement. A development contact and stormwater maintenance agreement will be required for the proposed site improvements and stormwater basin. RECOMMENDATION Planning Department staff recommends approval of the Interstate Second Addition final plat and easement vacation subject to the following stipulations: 1. The site shall be developed according to the approved final plat plans. 2. Execution of a Development Contact and Stormwater Maintenance Agreement shall be required. 3. An agreement for shared driveway access shall be remain in full effect between Lot 1, Block 1, Interstate Second Addition and 8190 – 215th Street (Acron Tappe Addition) for access to 215th Street (CSAH 70). 4. Landscaping shall be installed in accordance with the approved landscape plan. Landscaping shall remain free of dead materials. Any dead landscape materials shall be replaced in accordance with the approved landscape plan. A financial security shall be submitted to guarantee installation of the approved landscaping. Page 215 of 276 Lakeville Easement Vacation Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Map Scale 1 inch = 300 feet 9/22/2023 Page 216 of 276 L O T 1 B L O C K 1 26.0020.33N0°22'38"E103.30N89°37'22"W40.00 N88°15'07"E253.45 N89°50'07"E745.77 20 FOOT WIDE PRIVATE RAIL SPUR EASEMENT PER DOC. 1881670 S89°50'09"W 687.63 Δ =3 °17 '0 5 " R =113 7 4 .16 6 5 2 .0 5 N00°22'47"E614.551337.47 N89°52'33"E 634.19N00°31'48"EN88°49'28"E340.13 304.0 ACCESS EASEMENT PER DOC. NO. 3039551 70 FOOT WIDE PRIVATE DRIVE ACCESS EASEMENT IN FAVOR OF LOT 1, BLOCK 1, PER DOC. NO. 1881671 WEST LINE OF LOT 1, BLOCK 1,INTERSTATE FIRST ADDITIONN89°52'33"E 959.62 N89°52'33"E 348.02 1010101010101010709088 TRANSMISSION LINE EASEMENT PER DOC. NO. 1662419 17080 NORTH LINE OF THE SOUTHWEST 14, SECTION 33, TOWNSHIP114, RANGE 20 ACCESS EASEMENT PER DOC. NO. 3424992 348 251.61 NORTH LINE OF LOT 1, BLOCK 1, ACORN TAPPE FIRST ADDITION NORTHEAST CORNER OF LOT 1, BLOCK 1,ACORN TAPPE FIRST ADDITION80.00 20.20170 80 RIGHT OF ACCESS DELICATED TO DAKOTA COUNTY PER RECORD PLAT OF ACORN TAPPE FIRST ADDITION SET IP FD IP #23189 FD IP #23189 FD IP #23189 FD IP #23189 67.46NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SEC. 33-T114-R20 SET IP BEING 10 FEET IN WIDTH AND ADJOINING LOT LINES UNLESS OTHERWISE INDICATED ON THE PLAT DRAINAGE AND UTILITY EASEMENTS DENOTES 1/2" IRON MONUMENT FOUND, UNLESS OTHERWISE SHOWN. DENOTES 1/2" BY 14" IRON MONUMENT SET MARKED BY LICENSE NUMBER 19086, UNLESS OTHERWISE SHOWN. ARE SHOWN THUS THE WEST LINE OF LOT 1, BLOCK 1, INTERSTATE FIRST ADDITION HAS AN ASSUMED BEARING OF N0°22'47"E10 10 1010DENOTES "RESTRICTED ACCESS" DEDICATED TO DAKOTA COUNTY PER THE PLAT OF ACORN TAPPE FIRST ADDITION C S A H NO. 50 C S A H NO. 70 HIGHVIEW AVE.HAMBURGAVE.(215TH STREET)C S A H NO. 23(CEDAR AVE.)SITE VICINITY MAP NW 1/4 NE 1/4 SE 1/4SW 1/4 SEC 33 - T114 - R20 DAKOTA COUNTY, MINNESOTA Page 217 of 276 L O T 1B L O C K 1DRAINAGE AND UTILITY EASEMENTLOT 1, BLOCK 1, INTERSTATE FIRST ADDITIONTO BE VACATEDDRAINAGE AND UTILITYEASEMENT PER DOC.NO. 3039549 TO BE VACATEDDRAINAGE AND UTILITY EASEMENTLOT 1, BLOCK 1, INTERSTATE FIRST ADDITIONTO BE VACATEDDRAINAGE AND UTILITY EASEMENTLOT 1, BLOCK 1, INTERSTATE FIRST ADDITIONTO BE VACATEDDRAINAGE AND UTILITY EASEMENTLOT 1, BLOCK 1, INTERSTATE FIRST ADDITIONTO BE VACATEDDRAINAGE AND UTILITY EASEMENTLOT 1, BLOCK 1, ACORN TAPPE FIRST ADDITIONTO BE VACATEDDRAINAGE AND UTILITY EASEMENTLOT 1, BLOCK 1, ACORN TAPPE FIRST ADDITIONTO BE VACATEDDRAINAGE AND UTILITY EASEMENTLOT 1, BLOCK 1, ACORN TAPPE FIRST ADDITIONTO BE VACATEDEASEMENT VACTION EXHIBITLAKEVILLE,MINNESOTA11JJ8-15-2023AS SHOWN18217.01ALGDRAINAGE AND UTILITY ESEMENT VACATION DESCRIPTION(INTERSTATE FIRST ADDITION)Vacation of all of the existing drainage and utility easements over and across Lot 1, Block 1, as donated and depicted per INTERSTATE FIRST ADDITION, according tothe recorded plat thereof, Dakota County, Minnesota.(ACORN TAPPE FIRST ADDITION)Vacation of all of the existing drainage and utility easements over and across that part lying west of the East 348.00 feet of the following described parcel:That part of Lot 1, Block 1, ACORN TAPPE FIRST ADDITION, Dakota County, Minnesota, according to the recorded plat thereof lying west of the following describedline:Commencing at the northeast corner of said Lot 1; thence South 89 degrees 18 minutes 21 seconds West, assumed bearing, along the north line of said Lot 1, adistance of 251.61 feet to the point of beginning of the line to be described; thence South a distance of 634.43 feet to the south line of said Lot 1 and said line thereterminating.as donated and depicted per ACORN TAPPE FIRST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.Together with vacation of the existing 10.00 foot wide drainage and utility easements per document number 3039549, Dakota County, Minnesota which lies adjacent to theeast line of the above described parcel.DATE____________ REG. NO._________I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.190868-16-2023Page 218 of 276 PPPPPPLPLPLPC.S.A.H. NO. 70 (215TH STREET WEST)EX. FENCEEX. FENCEEXISTING DRIVEWAYEX. INFILTRATION BASINHWL: 958.6EX. SEDIMENTATION BASINNWL: 956.0HWL: 959.7SEDIMENTATION SWALE EX. OUTLET IS ARIPRAP WEIRELEV. = 957.95 +-EXISTING BUILDING(21568 HIGHVIEW AVE)3' WIDECURB CUT3' WIDECURB CUT3' WIDECURB CUTDOLLY PAD DOLLY PAD3' WIDECURB CUTP.I.V.BEG CURBEND CURBBEG CURBEND CURB PROPOSED B612 CURB PROPOSED B612 CURBPROPOSED B612 CURBEX. BITUMINOUS TRAILEX. STORM MANHOLEEXISTING BITUMINOUSEX. DOLLY PAD 40.514.0 14.073.640.514.0EX. TREE LINEPROPOSED BITUMINOUS SURFACE EX. CURBEX. CURBEX. CURB PROPOSED B612 CURB14.04 7 . 573.6EXISTING WATERMAINEXISTING WATERMAINEX. HYDEX. HYDEX. HYDEX. HYDEX. HYDEX. CATCH BASIN (NO CASTING)REMOVE & DISPOSE OF OFFSITEFESFESFESFESFESEX. FESEX. FESEX. SKIMMEREX. FESEX. SKIMMEREX. FESCBMHCBEX. HYDEX. HYDEX. HYDGUTTER OUTEX I S T I N G 1 2 ' ' R C P RE M O V E & D I S P O S E O F O F F S I T E10-YR PEAK: 958.310-YR PEAK: 952.2EX. SEDIMENTATION BASINNWL: 955.54HWL: 958.810-YR PEAK: 957.91DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLEDENOTES EXISTING STORM MANHOLEDENOTES EXISTING COMMUNICATION BOXDENOTES EXISTING ELECTRIC BOXDENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEPPLPDENOTES EXISTING RETAINING WALLDENOTES EXISTING FENCELEGENDDENOTES EXISTING UNDERGROUND COMMUNICATION LINEDENOTES EXISTING UNDERGROUND GAS LINEDENOTES EXISTING UNDERGROUND ELECTRIC LINEDENOTES EXISTING UNDERGROUND FIBER OPTIC LINEDENOTES EXISTING OVERHEAD WIREDENOTES EXISTING GAS METERDENOTES EXISTING ELECTRIC METERDENOTES EXISTING F.E.S.INTERSTATE SECOND ADDITIONLAKEVILLE,MINNESOTA3.01JJ8-16-2023AS SHOWN18217.01ALGDATE____________ REG. NO._________I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.483658-16-2023Page 219 of 276 215TH STREET- COUNTY ROAD 70 6 TYPE 'C' 3 TYPE W 4 TYPE W 3 TYPE W 5TYPE'B' LIGHTED MONUMENT 3TYPEW 1TYPE'G' 3TYPE 'B' SIGN 3 TYPE'H' 3 Till 2Till 2TYPE 'C'----- 652.05' t SEEDED GRASS ` 1TYPE'E' 1TYPE 'E' _ _- -- PONDING AREA (HATCHED AREA) 19," °% __ - -- - -- - -- -- - -- TRANSMISSION LINE EASEMENT - _ --- -- - ` 2TYPE'C' _{ _ `. - -- - - _-------- -- - - - - - - - - - - - - -. -- -5."i 1 HEAVY DASHED LINE- AREA Jim i,f f J1 PARTIAL SOIL CORRECTION LANDSCAPED BERM- - --- - ----- -- - --33'H1G _ - _ -` _ - -- -, _ ` I-- ---- ------I «-i w --- L---------------, 4 TYPE'A' -- 2TYPE'A' 10 CONC DOLLY PAD i , 2 TYPE 'B' `-{ 1 I I 1 120' DIAMETER SEMI -TRUCK ( _ -- -f i - - 33' HIGH l - - L.P. TURNAROUND SPACE _ DRIVE IN DOOR GRAY SIGHED - _ - _ - - AREA -LIGHT DUTY Lu ' 1 21 L.P. AREA FOR AREA RAINING"I ', t PAVEMENT 6Y.._. t l - - - 1 I 120' DIAMETER SEMI -TRUCK a rn 1 21 GRAY SHADE ,ur -`y,:; ='`- SOD 3 11 ,— SOD `'}` 1 I I TURN AROUND SPACE tl T 2 i w EA- LIGHrDU ''• _.JJ-_ _ ___ —.- - 1 I -- Gi , I PAVEMENT_ TY ! BTYPE'C' ,-- - --i•- ----- - j -- -I;I---j------- Si 1 - II 1tj1f4 II J,} f`:% e t -_- ww-- crCwmn17 bo83' 8n2 10r,` lr , rII, , I' ' ' k _ II 20 - 02" TY20P'E- T' BYPED' 1 I 7I!, I - 1(( L- I:; i •-i1IIr„ - — S-=- ' j - T1I --_ 1--& I1I+ f ---' tI1ILL Ij-' - YNb ba, inni , } IIi3' I - '_ I'"-.-''. IIII' jIE , I :.`— -•- {_ I I-.` I iI '-+ —-- I IIi, I_ ; 1. tt .-- - -- mbbS1a , lI. I { 1i! I I- 7IIII - iIII _ tII I? i! I! i I 1II I' III+ I III Iw Ymt -7 jI, I I- TIIII _ YjIIIIIi :' I I' 1 wamUr= yo r +1IIiI _1II( lI I Lt, fFIi1 2-U7 PlNti - D I MOUNTED UNTI - E - D w B. 3TYPEAAGOOl1; R R- t'iII O Ot I F- Tir• O- -- I P-I r( f- I ifI1 ' -- J, cfl11111r b I O--ff—-- ---- O-- -ff--- --- ---- IIi I c wWwN IIIII 16 L L rJZ r_,/ Lp i MOUNTED MECHANICAL • _ Fl 8BEARING 1 EQUIPMENT SHALL BE SCREENEDwCKTRAFFICSALESENRYO TRLYON - 10' — 4-2106T-7 " 4ff L/ Wsop? 1 v wLu 2wSHSAs i az OFFICE FUTURE EXPANSION SALES1ENTRY? LQr iU. L' O 03'- 10.0 34'.z68" zPHIGH 1 N W1 0 I 9DORS-18OC - o 0'92W - 0" 19' 11 BAYS TOTAL 5,-0, 4TYPEB' TYPJ Q DOORS 18' OC 2 BAYS TOTAL OD 1 77-t v SOD Qmr'PEASOD 5' W CONC WALKS ENTRIES TYP.33 HITYPE A CUSTOMERL.P. 33r HIGH2DOCKW DELIVERY BAYS, ENTRY PAVED SURFACE W14TYPEDI L.P. GHT SERVICE HEAVY DUTY ASPHALT L; Lu 1 DRIVE IN BAY 6 4 TYPED, CURB R GUTTER AT PERIMETER - 1 TRASH COMPACTOR TYP. 2'DIAMETER SEMI -TRUCK F- IGH t - - - j ' I - Eli 5 I 1' Ii f'' Ii I' Fyi Ii -1III - 1I -•' 'i - rI -- 1,' - il ' S' i Ij • Ij •;l I i . I( 1 I' I.• , i I I II, I '— I yq- I -'-. - C- 1' .---' -- n I -- : -'# I-' II _ .•-- iIIIjI111t1II- T,.URN A-R- O` U NI D-_- 7SPACE CAST PACECASTINPLACECONC. RETAINING WALLS 4 TYPEA10WIDE CONC DOLLY-- { P - AD CUSTOMER TRUCK DRIVE UNDER CANOPY -15- !_ CLEARSTAGINGAREA 7 PARKING SPACES II WIDE TOTAL -, r' -- ry! - - I - -. II IIIS - I• - - ,''`II •;$ ---- - I• -- _ I I RIII - AG w COLDbSITEARA623,338 S.F. B IL4.3ACRES N TRUCK TRAFFIC -ENTER & 36 TRACTOR'/TRAILER PARKING SPACES L.P. 33'HI33------------ LP ! .---.• - ---- --- USTiNG RAIL SPUR EASEMENT ALL LANDSCAPING TREES AND SHRUBS SCRAP RECYCLING1ffWIDECONCDOLLYPADSHALLBEPLANTEDAMINIMUMOF3' BINS IN OPAQUE WOOD H v--`' - I- i 13 TYPE'F' FROM ANY PROPERTY LINE FENCED SCREEN SEEDED GRASS ENCLOSURES PONDING EA 98945' PROPOSED BUILDING SIZE. SITE INFORMATION: MAIN BUILDING 81,708 S.F. COLD STORAGE BUILDING 9,982 S.F, TOTAL LOT AREA' TOTAL 91,690 S.F. LANDSCAPE NOTES LEGEND: 623,338S.F. 14.3ACRES PARKING REQUIREMENTS' TYPE A=AUTUMN BLAZE MAPLEACER X FREEMANII'21/2'BLED AND BURLAPPED REQUIRED: TYPE B - BLACK HILLS SPRUCEPICEA GLAUCA DENSATA' 8'-0' HIGH ZONING OFFICE: 14,537 SF -10%/ 200=66 SPACES TYPE C = SPRING SNOW CRABAPPLE,MALUS SPRING SNOW, 21/2"BALLED AND BUR LAPPEDT 1-2 GENERAL INDUSTRIAL DISTRICT WAREHOUSE: 35,237 SF -10%/1,000 = 36 SPACES TYPE D = NEON FLASH SPIREA,'SPIRAEA JAPONICA'SHIBORI', 18" HIGH SALESI SERVICE 40,409 SF400W 800 +8 = 57 SPACES TYPE E = CRIMSON KING MAPLE'ACER PLATANOIDS' 21/2' BALLED AND BURLAPPED BUILDING SETBACKS: TOTAL REQUIRED 66 +36 +S7 = 159 SPACES TYPE F - LAUREL LEAF WILLOW 'SAUX PENTANDRA' 210 BALLED AND BURLAPPED FRONT 404" TOTAL PROVIDED 163 SPACES TYPE G - COLORADO BLUE SPRUCE,'PICEA PUNGENS', II HIGH BALLED AND BURLAPPED 1 SITE PLAN SIDE 15' 0 TYPE H -AUSTRIAN PINE,'PINUS NIGRA, III HIGH BALLED AND BURLAPPED REAR 30'-0" REQUIRED PARKING STALL SIZE = 9'-V x 20-0' (REDUCED BY 2-0' WITH OVERHANG) At -1 1" = 40'-D" LANDSCAPE NOTES 0' 20' 401 80' 160' PARKING SETBACKS NOTE FLOOR AREA IS BASED ON 9D% OF GROSS FLOOR AREA PROVIDE IRRIGATION SYSTEM IN SODDED AREAS DIRECTLY AROUND THE BUILDING FRONT 15'-0" NORTH S1DE 5'-0' REAR T -Ir Mdelw. 0 OPMENT na;wld+ 21476 GRENADA AVENUE LAKEVILLE, MN 550.4 PH` 952-459-2171 FAX 952- 469-2173 EMAIL: oKeeQapprodevelopment.cvm PRELIMINARY AND FINAL PLAT APPROVAL SET INTERSTATE POWER SYSTEMS SITE PLAN Project number 15-01-0080 Date 11/09/15 Drawn by Swc Checked by S/,/{, Al -1 scale As indicated Page 220 of 276 Dakota County Surveyor’s Office Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 952.891 -7087 Fax 952.891 -7127 www.co.dakota.mn.us September 14, 2023 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: INTERSTATE SECOND ADDITION The Dakota County Plat Commission met on September 13, 2023, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 70 (215th St. W.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat includes combining two lots from two existing plats. Restricted access along CSAH 70 is shown per dedicated plat of ACORN TAPPE FIRST ADDITION and per document no. 3141399. The right-of-way needs are 75 feet of half right of way along CSAH 70, which have been met. There were no other comments. The Plat Commission has approved the preliminary and final plat and will recommend approval to the County Board of Commissioners meeting on October 10, 2023. Traffic volumes on CSAH 70 are 9,700 ADT and are anticipated to be 18,000 ADT by the year 2040. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: Page 221 of 276 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum To: Frank Dempsey, Associate Planner From: Kris Keller, Project Engineer Kendra Fallon, Project Engineer Copy: Zach Johnson, City Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Julie Stahl, Finance Director Tina Goodroad, Community Development Director Kris Jenson, Planning Manager Dave Mathews, Building Official Date: April 10, 2024 Subject: Interstate Second Addition • Final Plat • Final Grading and Erosion Control Plan • Final Tree Inventory Plan • Final Utility Plan WSB Project Number – 024626-000 BACKGROUND Interstate Lakeville Property, LLC submitted a final plat named Interstate Second Addition. The proposed subdivision is located east of and adjacent to Highview Avenue and south of and adjacent to 215th Street (CSAH 70). The parent parcels consist of Lot 1, Block 1, Interstate First Addition and a portion of Lot 1 Block 1, Acorn Tappe First Addition and are zoned I-2 General Industrial District. The final plat consists of one industrial lot within one block on 19.38 acres. The proposed development will be completed by: Developer: Interstate Lakeville Property, LLC Engineer/Surveyor: Probe Engineering SITE CONDITIONS Page 222 of 276 Interstate Second Addition – Final Plat April 10, 2024 The Interstate Second Addition site consists of a developed industrial lot and an undeveloped vacant remnant parcel. EASEMENTS The parent parcels contain the following existing easements that do not impact the proposed subdivision and shall remain with the final plat: • Transmission Line Maintenance and Danger Tree Line Easement; in favor of Cooperative Power Association (Doc. No. 1662419). • Rail Spur easement; in favor of Progressive Rail, Inc. (Doc. No. 1881670). • Driveway easement; in favor of Interstate Lakeville Property LLC (Doc. No. 1881671). • Access easement; in favor of County Road 70, LLC (Doc. No. 3039551). • Drainage and Utility easement; in favor of City of Lakeville (Doc. No. 3141401). The parent parcels contain the following existing easements that must be vacated prior to the final plat: • Drainage and Utility easements; in favor of the City of Lakeville (Acorn Tappe First Addition plat). Easements will be vacated and reestablished as part of the Interstate Second Addition final plat. • Drainage and Utility easement; in favor of the City of Lakeville (Doc. No. 3039549). Easement will be vacated and reestablished as part of the Interstate Second Addition final plat. • Drainage and Utility easements; in favor of the City of Lakeville (Interstate First Addition plat). Easements will be vacated and reestablished as part of the Interstate Second Addition final plat. STREET AND SUBDIVISION LAYOUT 215th Street (CSAH 70) Interstate Second Addition is located south of and adjacent to 215th Street, a Dakota County highway classified as a principal arterial. The 2022 Dakota County Plat Needs Map (rev. 10- 27-22) identifies a half right-of-way need of 75 feet. The Dakota County Plat Commission recommended approval of the final plat on September 13, 2023. 215th Street is a four-lane divided urban highway that was constructed by the County in 2020/2021 (City Project 20-05) in partnership with the City. No additional right-of-way is required, and no construction improvements are proposed with Interstate Second Addition. Highview Avenue Interstate Second Addition is located east of and adjacent to Highview Avenue, a City roadway classified as a minor collector. Highview Avenue is a two-lane undivided rural Page 223 of 276 Interstate Second Addition – Final Plat April 10, 2024 roadway. No additional right-of-way is required, and no construction improvements are proposed with Interstate Second Addition. SITE PLAN The Developer proposes to construct a parking area to create an additional 65 tractor trailer parking spaces, including five-foot-wide concrete dolly pads. The parking area is adequately sized to allow truck circulation into and out of the site and parking stalls. A shared driveway connection to 215th Street (via a directional access median) provides access to the parking area (an internal driveway connection is also provided). CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and site construction shall be from the 215th Street and private driveway intersection. PARKS, TRAILS AND SIDEWALKS An existing trail is located along the south side of 215th Street, adjacent to the Interstate Second Addition plat. No additional park, trail or sidewalk improvements are proposed with Interstate Second Addition. The Park Dedication requirement was previously collected on the parent parcels. UTILITIES SANITARY SEWER Interstate Second Addition is located within subdistrict SC-10235 of the South Creek sanitary sewer district, as identified in the City’s Comprehensive Sewer Plan. Wastewater will be conveyed through City sanitary sewer to the MCES interceptor sewer monitored by meter M646. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. No sanitary sewer improvements are proposed with Interstate Second Addition. WATERMAIN No watermain improvements are proposed with Interstate Second Addition. Page 224 of 276 Interstate Second Addition – Final Plat April 10, 2024 OVERHEAD LINES The existing overhead utility lines located adjacent to the north property line of Interstate Second Addition are exempt from undergrounding per the City’s Right-of-Way Management Ordinance provision of electric service at certain voltages. DRAINAGE AND GRADING Interstate Second Addition is located within subdistrict SC-054 of the South Creek stormwater district. Development of Interstate Second Addition includes the expansion of privately-owned and maintained stormwater management basins located along the north and south plat boundaries. The expanded basins are designed to provide water quality treatment and rate control of the stormwater runoff generated from the parking area expansion. The Developer is required to enter into a Stormwater Maintenance Agreement and grant the City an easement for access, drainage, and utility over the privately-owned and maintained stormwater management basins. Interstate Second Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage has been submitted to the City. STORM SEWER Development of Interstate Second Addition does not include construction of public storm sewer systems. Privately owned and maintained storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the site to the expanded privately owned and maintained stormwater management basins located along the north and south plat boundaries. The Developer shall coordinate any work within 215th Street (CSAH 70) right-of-way with Dakota County and is responsible for obtaining any required County right-of-way permits. The Storm Sewer Charge requirement was previously collected on the parent parcels with Acorn Tappe First Addition and Interstate First Addition. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FEMA FLOODPLAIN ANALYSIS Page 225 of 276 Interstate Second Addition – Final Plat April 10, 2024 Interstate Second Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, Interstate Second Addition is not located within a Special Flood Hazard Area (SFHA). WETLANDS There are no existing wetlands within Interstate Second Addition. TREE PRESERVATION There are no significant trees within Interstate Second Addition. EROSION CONTROL The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins. A two-year maintenance plan and schedule (to reduce weed establishment and stimulate desired vegetation) must be approved by City staff and included in the plans. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and will be collected with the final plat, calculated as follows: $279,012.50 x 2% = $5,580.25 Grading Security MS4 Administration Fee Total SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Interstate Second Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on April 5, 2024. CONSTRUCTION COSTS Storm Sewer Grading, Drainage and Erosion Control $39,916.25 $ 279,012.50 SUBTOTAL - CONSTRUCTION COSTS $ 318,928.75 OTHER COSTS Page 226 of 276 Interstate Second Addition – Final Plat April 10, 2024 Developer’s Design (3.0%) $ 9,567.86 Developer’s Construction Survey (2.5%) 7,973.22 City’s Legal Expense (0.5%) 1,594.64 City Construction Observation (5.0%) 15,946.44 Developer’s Record Drawing (0.5%) 1,594.64 Landscaping 10,000.00 Lot Corners/Iron Monuments 200.00 SUBTOTAL - OTHER COSTS $ 46,876.80 TOTAL PROJECT SECURITY $ 365,805.55 The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $200.00 per lot for a total of $200.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street, and utility construction. CASH FEES A cash fee for the preparation of addressing, property data, and City base map updating shall be paid with the final plat and is calculated as follows: 2 lot x $90.00/unit = $180.00 Lots/Outlots Interstate Second Addition 2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee Interstate Second Addition The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $9,567.86. CASH REQUIREMENTS MS4 Administration Fee $ 5,580.25 Property Data and Asset/Infrastructure Management Fee 180.00 City Engineering Administration (3.00%) 9,567.86 TOTAL – CASH REQUIREMENTS $ 15,328.11 Page 227 of 276 Interstate Second Addition – Final Plat April 10, 2024 RECOMMENDATION Engineering recommends approval of the final plat, grading and erosion control plan, tree preservation, and utility plan for Interstate Second Addition, subject to the requirements and stipulations within this report. If you or the applicant have any questions regarding these comments, please contact Kris Keller at (612) 419-3083 or kkeller@wsbeng.com. Page 228 of 276 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-____ RESOLUTION APPROVING THE FINAL PLAT OF INTERSTATE SECOND ADDITION WHEREAS, the owner of the properties described as INTERSTATE FIRST ADDTION and the west half of ACORN TAPPE ADDITION has requested final plat approval; and WHEREAS, the final plat is required to combine two platted lots from two different final plats WHEREAS, the final plat is consistent with the preliminary plats of INTERSTATE FIRST ADDITION and ACORN TAPPE FIRST ADDITION; and WHEREAS, the INTERSTATE SECOND ADDITION final plat is acceptable to the City. NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. Implementation of the recommendations listed in the April 10, 2024 engineering report. 2. The site shall be developed in accordance with the approved site plan. Page 229 of 276 2 3. The INTERSTATE SECOND ADDITION is approved subject to the developer entering into a development contract, stormwater maintenance agreement, and submittal of security requirements. 4. The Mayor and City Clerk are hereby directed to sign the final plat mylars, development contract and all documents pursuant to the approved development contract. 5. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 15th day of April 2024 CITY OF LAKEVILLE Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA) ( COUNTY OF DAKOTA ) I hereby certify that the foregoing Resolution No. 24-_______is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 15th day of April 2024 as shown by the minutes of said meeting in my possession. ___________________________ Ann Orlofsky, City Clerk (Seal) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 230 of 276 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-____ RESOLUTION VACATING PUBLIC DRAINGE AND UTILITY EASEMENT WHEREAS, the City Council has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public drainage and utility easement vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public drainage and utility easement. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easement is hereby vacated: (SEE EXHIBIT A) 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 15th day of April 2024 CITY OF LAKEVILLE BY:________________________ Luke M. Hellier, Mayor Page 231 of 276 2 ATTEST: BY:________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 24-______ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 15th day of April 2024 as shown by the minutes of said meeting in my possession. __________________________ Anne Orlofsky, City Clerk SEAL Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 232 of 276 Date: 4/15/2024 Autumn Hill Preliminary Plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Autumn Hill preliminary plat. Overview Youngfield Homes, Inc. has submitted a preliminary plat application and plans for 54 twinhome lots and one detached townhome lot on 20 acres of land located east of Dodd Boulevard (CSAH 9) and south of 185th Street (CSAH 60). The property is zoned RST-2, Single and Two-Family Residential District. The Planning Commission held a public hearing at their April 4, 2024 meeting to consider the preliminary plat. There was no public comment. A revised landscape plan and typical foundation planting plan has been submitted to satisfy stipulation numbers 8 and 9 of the planning report. The Developer also submitted a revised tree inventory plan, as required changes to the grading plan necessitated revisions to the plan, resulting in the removal of 12 trees that were initially planned to be saved. The Planning Commission unanimously recommended approval of the preliminary plat. The Parks, Recreation, and Natural Resources Committee unanimously recommended approval of the preliminary plat at their April 4, 2024 meeting. Supporting Information 1. Preliminary Plat Resolution 2. Revised Plans 3. Draft Meeting Minutes 4. Planning Memo 5. Autumn Hill preliminary plat exhibits 6. Engineering Memo Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 233 of 276 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-_____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF AUTUMN HILL WHEREAS, Youngfield Homes, Inc. has requested approval of the preliminary plat of 54 twinhome lots and one detached twinhome lot to be known as AUTUMN HILL, legally described in Exhibit A; and WHEREAS, the Planning Commission held a public hearing at their April 4, 2024 meeting, preceded by notice as required by the Subdivision Ordinance; and WHEREAS, the Planning Commission and the Parks, Recreation and Natural Resources Committee unanimously recommended approval of the preliminary plat; and WHEREAS, the preliminary plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: AUTUMN HILL preliminary plat is approved subject to the following conditions: 1. Implementation of the recommendations listed in the March 27, 2024 engineering report. 2. Park dedication shall be satisfied with a cash contribution paid with the final plat. 3. The developer shall construct five-foot-wide concrete sidewalks as shown on the preliminary plat plans. 4. Outlot A shall be deeded to the City with the final plat. 5. An HOA must be established for maintenance of all attached townhome units within Autumn Hill as well as ownership and maintenance of the following common area lots: •Lot 31, Block 1 •Lot 11, Block 2 •Lot 16, Block 3 6. Buffer yard landscaping shall be installed according to the approved landscape plan and a security for the buffer yard landscaping shall be submitted with the final plat. 7. Within Lot 31, Block 1, the Developer must install sod with the buffer yard plantings to the trails along 185th Street and Dodd Boulevard. ADOPTED by the Lakeville City Council this 15th day of April 2024. CITY OF LAKEVILLE Luke M. Hellier, Mayor Page 234 of 276 2 ATTEST: _______________________ Ann Orlofsky, City Clerk Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 235 of 276 3 Exhibit A Parcel 1: The East Half of the Northeast Quarter, EXCEPT the East 33 feet thereof; and also EXCEPT that part thereof lying North and West of Dodd Road, Section 17, Township 114, Range 20, Dakota County, Minnesota, according to the Government Survey thereof. Parcel 2: The Northwest Quarter of the Southeast Quarter of Section 17, Township 114, Range 20, Dakota County, Minnesota, according to the Government Survey thereof. Parcel 3: That part of the West Half of the Northeast Quarter of Section 17, Township 114, Range 20, described as follows to-wit: Commencing at the Southeast corner of the West Half of the Northeast Quarter of said Section 17, thence West 440 feet, thence Northeasterly to a point on the east line of the West Half of the Northeast Quarter of said Section 17, which point is 334 feet North of the point of beginning, thence South to the point of beginning, Dakota County, Minnesota, according to the Government survey thereof. All Abstract Property. Page 236 of 276 DODD BLVDEXISTING HOUSE EXISTING HOUSE SHED SHED SHED 185TH ST W CSAH 9CASH 60 Page 237 of 276 Tag Species DBH Cond Notes R=Remove S=Save Longitude Latitude HAE Easting Northing MSL 80 Boxelder 10 Average R -93.2478 44.6794 981.91 517915 175649 981.91 81 Boxelder 6 Average R -93.2478 44.6794 981.741 517904 175652 981.741 82 Boxelder 6 Average R -93.2478 44.6794 992.031 517904 175662 992.031 83 Elm, american 12 Average R -93.2478 44.6796 983.602 517912 175710 983.602 84 Boxelder 7 Average R -93.2479 44.6796 986.914 517896 175704 986.914 85 Boxelder 7 Average R -93.2479 44.6796 982.408 517899 175710 982.408 86 Boxelder 9 Average R -93.2478 44.6796 985.917 517911 175729 985.917 87 Boxelder 15 Average R -93.2478 44.6797 985.124 517914 175740 985.124 88 Elm, american 20 Average 2x 11 9 R -93.2478 44.6797 996.347 517916 175751 996.347 89 Elm, american 7 Average R -93.2478 44.6797 982.191 517911 175757 982.191 90 Boxelder 6 Average R -93.2478 44.6797 997.02 517903 175752 997.02 91 Boxelder 12 Average R -93.2478 44.6797 987.41 517908 175767 987.41 92 Boxelder 12 Average R -93.2478 44.6797 982.256 517905 175770 982.256 93 Boxelder 24 Average R -93.2478 44.6798 987.649 517904 175788 987.649 94 Boxelder 13 Average R -93.2478 44.6799 985.091 517910 175813 985.091 95 Boxelder 13 Average R -93.2478 44.6799 990.582 517905 175815 990.582 96 Boxelder 15 Average R -93.2478 44.68 995.807 517916 175847 995.807 97 Boxelder 20 Average 2x 11 9 R -93.2478 44.68 983.361 517912 175857 983.361 98 Boxelder 9 Average R -93.2478 44.68 989.408 517915 175864 989.408 99 Boxelder 9 Average R -93.2478 44.68 977.561 517917 175865 977.561 100 Elm, siberian 19 Average R -93.2478 44.6801 984.527 517913 175888 984.527 101 Elm, american 7 Average R -93.2479 44.6801 983.991 517887 175889 983.991 102 Boxelder 13 Average R -93.2479 44.6802 987.169 517882 175933 987.169 103 Boxelder 10 Average R -93.2479 44.6802 984.669 517894 175938 984.669 104 Elm, american 6 Average R -93.2478 44.6802 984.246 517903 175935 984.246 105 Boxelder 13 Average R -93.2479 44.6802 989.958 517897 175948 989.958 106 Boxelder 7 Average R -93.2479 44.6805 977.71 517900 176035 977.71 107 Oak, white 42 Average trunk decay R -93.2479 44.6805 983.116 517890 176054 983.116 108 Elm, american 20 Average R -93.2479 44.6805 984.352 517895 176060 984.352 109 Hackberry 13 Average R -93.2478 44.6805 988.4 517906 176059 988.4 110 Boxelder 9 Average R -93.2479 44.6806 981.447 517885 176096 981.447 111 Boxelder 10 Average R -93.2479 44.6806 975.209 517878 176092 975.209 112 Elm, american 21 Average R -93.248 44.6806 982.836 517865 176079 982.836 113 Boxelder 10 Average R -93.248 44.6806 979.569 517857 176085 979.569 114 Boxelder 11 Average R -93.248 44.6806 979.567 517855 176080 979.567 115 Boxelder 14 Average R -93.2481 44.6806 979.325 517844 176064 979.325 116 Boxelder 18 Average R -93.248 44.6805 988.173 517852 176055 988.173 117 Boxelder 13 Average R -93.2481 44.6805 983.118 517841 176044 983.118 118 Boxelder 10 Average R -93.2482 44.6806 989.272 517812 176081 989.272 119 Boxelder 9 Average R -93.2481 44.6806 981.495 517828 176094 981.495 120 Boxelder 17 Average R -93.2482 44.6806 981.126 517810 176081 981.126 121 Boxelder 15 Average R -93.2483 44.6806 999.318 517793 176076 999.318 122 Boxelder 8 Average R -93.2483 44.6806 997.839 517786 176078 997.839 123 Boxelder 11 Average R -93.2483 44.6805 982.473 517791 176060 982.473 124 Boxelder 16 Average R -93.2483 44.6806 994.021 517785 176100 994.021 125 Boxelder 14 Average R -93.2483 44.6807 989.342 517787 176111 989.342 126 Elm, american 7 Average R -93.2483 44.6807 983.468 517784 176118 983.468 127 Boxelder 7 Average R -93.2484 44.6807 988.894 517768 176113 988.894 128 Boxelder 14 Average R -93.2484 44.6807 991.144 517763 176114 991.144 129 Boxelder 16 Average R -93.2484 44.6806 981.832 517750 176089 981.832 130 Boxelder 19 Average R -93.2478 44.6808 982.101 517904 176142 982.101 131 Boxelder 11 Average R -93.2478 44.6807 976.997 517901 176136 976.997 132 Boxelder 15 Average R -93.2479 44.6808 977.752 517893 176148 977.752 133 Boxelder 12 Average R -93.2478 44.6808 984.224 517904 176151 984.224 134 Boxelder 9 Average R -93.2479 44.6807 981.327 517892 176136 981.327 135 Boxelder 15 Average R -93.2479 44.6807 975.727 517882 176118 975.727 136 Boxelder 20 Average R -93.2479 44.6807 992.216 517879 176113 992.216 137 Boxelder 13 Average R -93.2479 44.6807 977.926 517877 176120 977.926 138 Boxelder 13 Average R -93.2479 44.6807 978.5 517878 176124 978.5 139 Boxelder 16 Average R -93.2482 44.6808 984.434 517803 176149 984.434 140 Boxelder 15 Average R -93.2482 44.6807 988.148 517815 176125 988.148 141 Boxelder 12 Average R -93.2482 44.6807 990.151 517816 176120 990.151 142 Boxelder 13 Average R -93.2483 44.6807 985.698 517796 176116 985.698 143 Boxelder 14 Average R -93.2484 44.6808 979.673 517745 176154 979.673 144 Boxelder 12 Average R -93.2484 44.6808 982.549 517749 176151 982.549 145 Boxelder 12 Average R -93.2485 44.6808 988.391 517742 176149 988.391 146 Boxelder 18 Average R -93.2485 44.6807 991.319 517742 176125 991.319 147 Boxelder 11 Average R -93.2485 44.6807 994.645 517731 176129 994.645 148 Boxelder 15 Average R -93.2485 44.6807 995.002 517722 176113 995.002 149 Boxelder 12 Average R -93.2486 44.6807 989.48 517716 176122 989.48 150 Boxelder 14 Average R -93.2486 44.6808 990.264 517706 176139 990.264 151 Boxelder 17 Average R -93.2486 44.6808 989.13 517698 176143 989.13 152 Boxelder 19 Average R -93.2487 44.6807 985.17 517692 176128 985.17 153 Boxelder 10 Average R -93.2487 44.6807 997.642 517690 176115 997.642 154 Boxelder 16 Average R -93.2486 44.6807 1009.94 517694 176102 1009.94 155 Boxelder 12 Average R -93.2487 44.6806 995.923 517675 176099 995.923 Ash, green 11 Dying diseased w/EAB R -93.2506 44.6804 1004.93 517197 176017 1004.93 Ash, green 14 Dying diseased w/EAB R -93.2508 44.6801 1002.17 517134 175900 1002.17 Ash, green 14 Dying diseased w/EAB R -93.2503 44.6804 1006.45 517270 176003 1006.45 Tag Species DBH Cond Notes R=Remove S=Save Longitude Latitude HAE Easting Northing MSL 1 Maple, norway 16 Good R -93.2513 44.6803 1006.26 516996 175977 1006.26 2 Maple, silver 20 Good R -93.2511 44.6803 1006.44 517049 175964 1006.44 3 Maple, norway 19 Good R -93.2511 44.6802 1011.16 517046 175924 1011.16 4 Maple, silver 14 Good R -93.251 44.6802 1009.8 517080 175951 1009.8 5 Maple, silver 7 Good R -93.2509 44.6801 1002.49 517104 175908 1002.49 6 Maple, silver 25 Good R -93.2507 44.6801 999.997 517160 175897 999.997 7 Maple, silver 45 Average R -93.2507 44.6802 1006.27 517165 175932 1006.27 8 Maple, silver 27 Average R -93.2506 44.6802 1006.02 517183 175945 1006.02 9 Maple, silver 67 Average large cavity at base R -93.2506 44.6803 998.722 517191 175969 998.722 10 Maple, silver 8 Good R -93.2505 44.6804 1004.21 517206 175999 1004.21 11 Maple, silver 16 Good R -93.2505 44.6803 1011.7 517217 175980 1011.7 12 Elm, siberian 16 Good R -93.2504 44.6804 1006.08 517225 176011 1006.08 13 Elm, siberian 15 Good R -93.2504 44.6804 1016.28 517234 176016 1016.28 14 Elm, siberian 44 Average R -93.2503 44.6804 1021.9 517259 176006 1021.9 15 Maple, silver 64 Average large cavity at base R -93.2504 44.6801 1001.41 517245 175916 1001.41 16 Maple, silver 23 Good R -93.2505 44.68 1001.38 517220 175880 1001.38 17 Maple, silver 40 Average R -93.2502 44.6801 984.691 517279 175905 984.691 18 Maple, silver 28 Good R -93.2503 44.68 1010.44 517273 175879 1010.44 19 Maple, silver 31 Average R -93.2499 44.6799 997.66 517368 175812 997.66 20 Cottonwood, eastern 9 Average R -93.2495 44.6797 995.848 517463 175758 995.848 21 Crabapple 13 Good R -93.2499 44.6803 997.143 517377 175988 997.143 22 Crabapple 15 Good R -93.2498 44.6804 997.634 517383 176010 997.634 23 Crabapple 10 Good R -93.2499 44.6804 999.951 517364 176002 999.951 24 Maple, silver 52 Average R -93.2502 44.6804 1002.43 517293 175996 1002.43 25 Spruce, white 14 Good 40 ft R -93.2503 44.6805 997.002 517277 176052 997.002 26 Spruce, white 8 Good 40 ft R -93.2503 44.6805 994.207 517268 176059 994.207 27 Spruce, white 11 Good 40 ft R -93.2503 44.6805 1003.76 517262 176053 1003.76 28 Spruce, white 12 Good 40 ft R -93.2503 44.6805 999.322 517253 176062 999.322 29 Maple, silver 12 Good R -93.2504 44.6805 1009.45 517244 176040 1009.45 30 Maple, silver 7 Good R -93.2503 44.6805 1003.07 517252 176032 1003.07 31 Spruce, white 12 Good 40 ft R -93.2504 44.6805 1001.73 517239 176062 1001.73 32 Spruce, white 15 Good 40 ft R -93.2505 44.6805 1001.89 517222 176062 1001.89 33 Spruce, white 9 Good 40 ft R -93.2505 44.6806 998.971 517210 176066 998.971 34 Spruce, white 16 Good 40 ft R -93.2505 44.6806 1009 517202 176071 1009 35 Spruce, white 10 Good 40 ft R -93.2506 44.6806 1004.68 517194 176067 1004.68 36 Spruce, white 14 Good 40 ft. 2x 8 6 R -93.2506 44.6806 1011.23 517185 176069 1011.23 37 Spruce, white 14 Good 40 ft R -93.2506 44.6806 1008.12 517180 176073 1008.12 38 Spruce, white 8 Good 40 ft R -93.2507 44.6806 1011.44 517153 176071 1011.44 39 Spruce, white 17 Good 40 ft R -93.2507 44.6806 997.244 517147 176076 997.244 40 Spruce, white 17 Good 40 ft R -93.2508 44.6806 1002.6 517133 176074 1002.6 41 Spruce, white 22 Good 40 ft R -93.2508 44.6806 1001.33 517129 176075 1001.33 42 Spruce, white 20 Good 40 ft R -93.2509 44.6806 997.28 517117 176079 997.28 43 Spruce, white 20 Good 40 ft R -93.251 44.6806 1000.77 517077 176091 1000.77 44 Spruce, white 19 Good 40 ft R -93.251 44.6806 1002.27 517070 176090 1002.27 45 Spruce, white 16 Good 40 ft R -93.2511 44.6806 1009.5 517056 176091 1009.5 46 Spruce, white 15 Good 40 ft R -93.2511 44.6806 998.428 517050 176088 998.428 47 Spruce, white 15 Good 40 ft R -93.2511 44.6806 1004.03 517048 176087 1004.03 48 Spruce, white 15 Good 40 ft R -93.2511 44.6806 1011.75 517045 176093 1011.75 49 Spruce, white 12 Good 40 ft R -93.2512 44.6806 1004.58 517040 176094 1004.58 50 Spruce, white 8 Good 40 ft R -93.2512 44.6806 1000.48 517034 176090 1000.48 51 Spruce, blue 19 Good 40 ft R -93.2512 44.6807 996.679 517036 176107 996.679 52 Spruce, white 14 Good 40 ft R -93.2512 44.6806 1015.25 517018 176092 1015.25 53 Spruce, white 9 Average 40 ft R -93.2513 44.6806 1004.67 517007 176098 1004.67 54 Spruce, blue 13 Good 40 ft R -93.2513 44.6807 1003.11 517011 176107 1003.11 55 Spruce, blue 17 Good 40 ft R -93.2513 44.6807 999.924 517000 176108 999.924 56 Spruce, blue 18 Good 40 ft R -93.2513 44.6805 1004.05 516993 176041 1004.05 57 Spruce, blue 17 Good 40 ft R -93.2514 44.6805 1004.13 516986 176029 1004.13 58 Spruce, blue 20 Good 40 ft R -93.2514 44.6804 1000.6 516984 176021 1000.6 59 Spruce, blue 16 Good 40 ft R -93.2514 44.6804 1005.45 516978 176002 1005.45 60 Spruce, blue 23 Good 40 ft R -93.2514 44.6803 1003.65 516969 175986 1003.65 61 Boxelder 11 Average R -93.2513 44.6791 1000.77 517007 175529 1000.77 62 Boxelder 9 Average R -93.2513 44.6791 1000.27 517007 175524 1000.27 63 Boxelder 16 Average 2x 8 8 R -93.2512 44.6791 998.705 517021 175532 998.705 64 Boxelder 6 Average R -93.2512 44.6791 998.475 517030 175528 998.475 65 Cottonwood, eastern 22 Good R -93.251 44.6791 1000.3 517081 175528 1000.3 66 Cottonwood, eastern 36 Good R -93.251 44.6791 994.794 517088 175529 994.794 67 Willow, black 24 Average R -93.251 44.6791 1004.34 517090 175517 1004.34 68 Willow, black 47 Average 2x 25 22 R -93.2508 44.679 1002.54 517126 175514 1002.54 69 Boxelder 7 Average R -93.2507 44.6791 1008.08 517149 175522 1008.08 70 Boxelder 6 Average R -93.2507 44.6791 1009.24 517156 175521 1009.24 71 Boxelder 28 Average R -93.2507 44.6791 998.775 517165 175521 998.775 72 Cottonwood, eastern 9 Good R -93.2487 44.679 985.168 517669 175512 985.168 73 Elm, american 12 Average S -93.2479 44.6791 985.777 517901 175517 985.777 74 Boxelder 8 Average S -93.2478 44.679 980.638 517905 175509 980.638 75 Boxelder 11 Average S -93.2479 44.6791 981.785 517899 175525 981.785 76 Boxelder 7 Average R -93.2479 44.6791 992.226 517897 175538 992.226 77 Boxelder 7 Average R -93.2478 44.6793 993.486 517904 175613 993.486 78 Boxelder 6 Average R -93.2478 44.6793 985.969 517910 175620 985.969 79 Boxelder 9 Average R -93.2478 44.6794 991.689 517910 175627 991.689 Page 238 of 276 DODD BLVD185TH ST W CSAH 9CASH 60 Page 239 of 276 Page 240 of 276 Page 241 of 276 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 4, 2024 Vice Chair Zimmer called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. New Planning Commission alternate member, Mark Traffas was sworn in by Recording Secretary Tina Morrow. Members Present: Vice Chair Christine Zimmer, Scott Einck, Pat Kaluza, Amanda Tinsley, Mark Traffas, Patti Zuzek, Ex-Officio Jeff Hanson Members Absent: Chair Jenna Majorowicz, Jason Swenson Staff Present: Tina Goodroad, Community Development Director; Kris Jenson, Planning Manager; Alanna Sobottka, Civil Engineer; Tina Morrow, Recording Secretary 3. Approval of the Meeting Minutes The March 21, 2024 Planning Commission meeting minutes were approved as presented. 4. Announcements Planning Manager Kris Jenson stated that the following was distributed to the Planning Commission at tonight’s meeting: 1. April 3, 2024 Parks, Recreation and Natural Resources Committee meeting motion regarding the Autumn Hill preliminary plat. 2. Agenda Item 6, Autumn Hill preliminary plat, amended wording for Stipulation #5 of the March 27, 2024 planning report. 3. Revised tree inventory, landscape, and foundation planting plans for Autumn Hill preliminary plat. 5. Autumn Hill Vice Chair Zimmer opened the public hearing to consider the application of Youngfield Homes, Inc. for a preliminary plat of 54 twinhome lots and one detached townhome lot to be known as Autumn Hill, located south of 185th Street (CSAH 60) and east of Dodd Boulevard (CSAH 9). Bob Wiegert, with Paramount Engineering presented a brief overview of the project. Page 242 of 276 Planning Commission Meeting Minutes, April 4, 2024 Page 2 Planner Manager Kris Jenson presented the planning report. Ms. Jenson stated the applicant has applied for a preliminary plat to allow the development of 54 twinhome lots and one detached townhome lot for a total of 55 townhome lots on 20.08 acres to be known as Autumn Hill. The Autumn Hill property is located in Planning District 5 of the 2040 Comprehensive Plan, which guides the subject property for low/medium density residential development. Ms. Jenson commented that the stipulation added to the March 27, 2024 planning report was regarding the requirement that an HOA be established to own and maintain common area property as well as the exteriors of the twinhome units. A revised tree inventory, landscape plan, and typical foundation planting plan were distributed at tonight’s meeting. She indicated that the tree inventory plan was updated to reflect required changes to the grading plan, while the landscape and typical foundation planting plans were updated to include more plantings around the site and perimeter of the homes. Community Development staff recommends approval of the Autumn Hill preliminary plat subject to the nine stipulations listed in the March 27, 2024 planning report. Vice Chair Zimmer opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kaluza, seconded by Einck to close the public hearing at 6:09 p.m. Voice vote was taken on the motion. Ayes – unanimous Nays: 0 Vice Chair Zimmer asked for comments from the Planning Commission. Discussion points included: • Commissioner Zuzek asked for clarification regarding the proposed HOA requirements. • Vice Chair Zimmer inquired about the width of the garages and how this affects the minimum garage size relating to the proposed building. Mr. Weigert outlined the requirements for the garage spaces. • Commissioner Kaluza positively commented on Lakeville diversity of housing types and products. Motion was made by Kaluza, seconded by Zuzek to recommend to City Council approval of the Autumn Hill preliminary plat subject to the following stipulations, as amended: 1. Implementation of the recommendations listed in the March 27, 2024 engineering report. Page 243 of 276 Planning Commission Meeting Minutes, April 4, 2024 Page 3 2. Park dedication shall be satisfied with a cash contribution paid with the final plat. 3. The developer shall construct five-foot-wide concrete sidewalks as shown on the preliminary plat plans. 4. Outlot A shall be deeded to the City with the final plat. 5. An HOA must be established for maintenance of all attached townhome units with Autumn Hill as well as ownership and maintenance of the following common area lots: • Lot 31, Block 1 • Lot 11, Block 2 • Lot 16, Block 3 6. Buffer yard landscaping shall be installed according to the approved landscape plan and a security for the buffer yard landscaping shall be submitted with the final plat. 7. Within Lot 31, Block 1, the Developer must install sod with the buffer yard plantings to the trails along 185th Street and Dodd Boulevard. 8. Prior to City Council consideration, the landscape plan must be modified to include a combination of overstory, understory, evergreens and shrubs across the site and to incorporate the 12 spruce trees indicated as save trees on the tree inventory plan. 9. Prior to City Council consideration, the typical foundation planting plan must be revised to show foundation plantings around the entire perimeter of the principal structure. Ayes: Zuzek, Kaluza, Zimmer, Einck, Tinsley, Traffas Nays: 0 There being no further business, the meeting was adjourned at 6:13 p.m. Respectfully submitted, Tina Morrow, Recording Secretary Page 244 of 276 City of Lakeville Community Development Dept Memorandum To:Planning Commission From:Kris Jenson, Planning Manager Date:March 27, 2024 Subject:Packet Material for the April 4, 2024 Planning Commission Meeting Agenda Item: Autumn Hill preliminary plat Action Deadline: May 15, 2024 BACKGROUND Youngfield Homes, Inc. has applied for a preliminary plat to allow the development of 54 twinhome lots and one detached townhome lot for a total of 55 townhome lots on 20.08 acres to be known as Autumn Hill. The Autumn Hill preliminary plat is located south of 185th Street (CSAH 60) and east of Dodd Boulevard (CSAH 9). The Autumn Hill preliminary plat plans have been distributed to Engineering Division and Parks and Recreation Department staff, and the Parks, Recreation and Natural Resources Committee. EXHIBITS A. Aerial Map B. Zoning Map C. Existing Conditions D. Preliminary Plat E. Grading Plan F. Utility Plan G. Tree Inventory H. Landscape Plan I. Foundation planting plan J. Mulberry-Redwood unit plans (5 pages) K. Teak-River Birch unit plans (5 pages) L. Plat Commission Letter PLANNING ANALYSIS PRELIMINARY PLAT Page 245 of 276 2 Existing Conditions. The development site consists of two parcels. The use on the property has been primarily a former homesite and undeveloped agricultural land (Exhibit A). Consistency with the Comprehensive Plan. The Autumn Hill property is located in Planning District 5 of the 2040 Comprehensive Plan, which guides the subject property for low/medium density residential development. MUSA. The Autumn Hill preliminary plat area is located within the current MUSA. Adjacent Land Uses. The adjacent land uses and zoning are as follows: North – 185th Street (CSAH 60), King Park (P/OS) East – Undeveloped land, future Caslano 3rd Addition (currently RS-3, RS-4 upon plat recording) South – Single family homes (RS-4) West – Dodd Blvd (CSAH 9), Century Middle School (RS-2) Consistency with the Capital Improvement Plan (CIP). City streets, sanitary sewer and water improvements for the area of Autumn Hill will be financed and constructed by the developer. The development costs associated with the Autumn Hill development are not programmed in the 2024–2025 CIP. Premature Subdivision Criteria. A preliminary plat may be deemed premature if any of the criteria listed in Chapter 10-2-4-1 of the Subdivision Ordinance exist. Eligible criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public service capacity (police and fire protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans. Staff review of the Autumn Hill preliminary plat against these criteria finds that it is not a premature subdivision. Density/Average Lot Size. The Autumn Hill preliminary plat consists of 55 townhome on 20.09 acres. This results in a gross density of 2.74 units per acre. Excluding arterial street right-of-way and the stormwater management pond, the net density is 4.03 units per acre. TOWNHOME DEVELOPMENT STANDARDS Lot Requirements. The following minimum requirements for townhome building setbacks in the RST-2 District pertain to the Autumn Hill preliminary plat: Base Lot Between Units Front/Side Yard (to ROW) RST- 2 30 feet 14 feet 20 feet (front), 25 feet (garage) The proposed unit lots shown on the Autumn Hill preliminary plat have sufficient area to accommodate the townhome units. The RST-2 District requires at least 5,000 square feet per unit. The Autumn Hill Preliminary plat has an average of just over 7,000 square feet per unit for the townhome area, which exceeds the minimum lot area per unit requirements of the RST-2 District. Page 246 of 276 3 HOA. A homeowner’s association will be required to be established for maintenance of all attached townhome units as well as ownership and maintenance of the following common lots: •Lot 31, Block 1 •Lot 11, Block 2 •Lot 16, Block 3 Exterior Materials. Each unit must meet the requirements of Section 11-57-19.B.3, which requires that a minimum of 25% of the area of each elevation of the unit must have an exterior finish of brick, stucco, and/or natural or artificial stone. Except for brick, stucco, and/or natural or artificial stone, no single elevation may have more than 75% of one type of finish or have more than 60% of all elevations of one type of finish. The City has deemed the use of cement fiberboard or engineered wood siding as satisfying the minimum masonry material requirement and is therefore also allowed to exceed the maximum area limit for non-masonry materials. Exterior material calculations are required to be provided with the building permit submittal. Floor Area. The proposed townhome units must comply with the minimum requirements for above grade floor area established by Section 11-17-13.D of the Zoning Ordinance. The submitted floor plans have floor areas in excess of the requirements of Section 11-17- 13.D. Garage Area. The townhome units are proposed to include slab on grade, look out, and walk out units. The minimum width of each garage must be 20 feet (interior measurement). Units that are slab on grade must have a minimum garage size of 540 square feet and units which are a look out/walk out design must have minimum garage size of 440 square feet, to comply with the requirements of Section 11-57-19.C. Two of the proposed unit plans include a garage area in excess of 540 square feet, which meets the requirements for a slab on grade unit. Tree Inventory. A tree inventory was submitted by the developer. There are 155 significant trees located within the Autumn Hill preliminary plat boundary. The plan proposes to save 12 (7.8%) blue and white spruce trees located along Dodd Boulevard. Landscaping. Landscaping is proposed along the south property line, as required in Section 11-57.19, and is a mix of overstory and evergreen trees (Exhibit H). In addition, each townhome building must provide landscaping at the immediate perimeter of the unit (Exhibit I). The landscape plan must be revised to include a combination of overstory trees, understory trees, evergreens, shrubs, etc. across the site and not just along the perimeter. The typical foundation planting plan must be revised to show landscaping around the immediate perimeter of the principal structure, and not just at the front of the unit. These revised plans must be submitted prior to City Council consideration of the preliminary plat. All landscaped areas, including common open space and public right of way, must have an inground irrigation system with an automatic controller. With the final plat, the Developer must provide information that the landscaping of the detached townhome units meets the requirements of Section 11-57-19.G. Residential Buffer Yard Requirements. Dodd Boulevard (CSAH 9) and 185th Street (CSAH 60) are classified as minor arterials in the Comprehensive Transportation Plan and therefore require buffer yard landscaping to provide an effective minimum visual screen to a height of 10 feet. The buffer yard landscape plan includes the installation of a variety Page 247 of 276 4 of overstory and evergreen trees to provide a visual buffer (Exhibit H). Prior to City Council consideration, the buffer yard landscaping plan must be updated to include the 12 spruce trees identified as save trees on the tree inventory plan. Within Lot 31, Block 1, the Developer must install sod with the buffer yard plantings to the trails along 185th Street and Dodd Boulevard. Outlot. There is one outlot, Outlot A, which is 1.72 acres, consisting of a stormwater management basin that will be deeded to the City with the final plat. Signs. A subdivision monument sign location is indicated at the southeast of the intersection of 185th Street and Dodd Boulevard. The proposed location must be modified to meet the required 15-foot setback from the property lines. A sign permit must be issued prior to installation of the sign. Streets. The following is a summary of streets proposed with the Autumn Hill preliminary plat. Additional detailed information is outlined in the Engineering Division memorandum dated March 27, 2024. Dodd Boulevard (CSAH 9) – Dodd Boulevard is west of and adjacent to the property and is classified as a minor arterial in the City’s Comprehensive Transportation Plan. The 2.08 acres of right of way for Dodd Boulevard that will be dedicated with the final plat is currently contained by a highway easement. No access to Dodd Boulevard is proposed from the Autumn Hill preliminary plat. 185th Street (CSAH 60) – 185th Street is north of and adjacent to the Autumn Hill preliminary plat and is classified as a minor arterial in the City’s Comprehensive Transportation Plan. The 2.7 acres of right of way for 185th Street that will be dedicated with the final plat is currently within a right of way easement. One street access to the Autumn Hill preliminary plat is provided from 185th Street. Iden Avenue is a local residential street that will be extended north from its current terminus in the Feldman Heights subdivision. It will be a 32-foot-wide street within a 60- foot right-of-way with a five-foot-wide concrete sidewalk along the west side of the street. Street A will be a local residential street that will connect with Iden Avenue to the south and be stubbed to the east just south of 185th Street to connect to the future Caslano 3rd Addition. It will be a 32-foot-wide street within a 60-foot right-of-way with a five-foot- wide concrete sidewalk along one side of the street. Street B will be a local residential street that will provide restricted access to the development from 185th Street. It will be a 32-foot-wide street within a 60-foot right-of- way with a five-foot-wide concrete sidewalk along the west side of the street. All streets meet the minimum width and design requirements of the Subdivision Ordinance. Phasing. Autumn Hill is proposed to be developed in one phase. Sidewalks/Trails. The developer will construct five-foot-wide concrete sidewalks along one side of all streets in the development. Bituminous trails currently are located on the east side of Dodd Boulevard and the south side of 185th Street. No additional trails are proposed with this development. Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage, erosion control, and utilities for the Autumn Hill preliminary plat is shown on the grading, Page 248 of 276 5 drainage and erosion control and utility plans. All existing and new local utilities shall be placed underground. Grading, drainage, erosion control, and utilities details are outlined in the March 27, 2024 engineering report prepared by Kris Keller and Kendra Fallon, Project Engineers from WSB, on behalf of the Engineering Division. The Engineering Division recommends approval of the preliminary plat. Wetlands. A wetland delineation has been completed and determined there are no wetland impacts proposed with this development. Park Dedication. Park dedication has not been collected on the parent parcels and will be satisfied through a cash contribution to be paid at the time of final plat. Plat Commission. The Dakota County Plat Commission reviewed and approved the preliminary plat at their February 20, 2024 meeting. The Plat Commission letter is included as Exhibit L. RECOMMENDATION Community Development Department staff recommends approval of the Autumn Hill preliminary plat, subject to the following stipulations: 1. Implementation of the recommendations listed in the March 27, 2024 engineering report. 2. Park dedication shall be satisfied with a cash contribution paid with the final plat. 3. The developer shall construct five-foot-wide concrete sidewalks as shown on the preliminary plat plans. 4. Outlot A shall be deeded to the City with the final plat. 5. An HOA must be established for maintenance of all attached townhome units within Autumn Hill as well as ownership and maintenance of the following common area lots: •Lot 31, Block 1 •Lot 11, Block 2 •Lot 16, Block 3 6. Buffer yard landscaping shall be installed according to the approved landscape plan and a security for the buffer yard landscaping shall be submitted with the final plat. 7. Within Lot 31, Block 1, the Developer must install sod with the buffer yard plantings to the trails along 185th Street and Dodd Boulevard. 8. Prior to City Council consideration, the landscape plan must be modified to include a combination of overstory, understory, evergreens and shrubs across the site and to incorporate the 12 spruce trees indicated as save trees on the tree inventory plan. 9. Prior to City Council consideration, the typical foundation planting plan must be revised to show foundation plantings around the entire perimeter of the principal structure. Page 249 of 276 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community City of Lakeville Autumn Hill Preliminary Plat EXHIBIT A DODD B O U L E V A R D ( C S A H 9) 185TH ST 187TH ST 183 R D S TPreliminary Plat Area King Park 185TH ST (CSAH 60) HUXLEY AVE IDEN AVEPage 250 of 276 City of Lakeville Autumn Hill Preliminary Plat EXHIBIT B DODD B O U L E V A R D ( C S A H 9) 185TH ST 187TH ST 183 R D S TPreliminary Plat Area King Park 185TH ST (CSAH 60) HUXLEY AVE IDEN AVEP/OS P/OS P/OS PUD PUD RS-3 - Change to RS-4 upon recording of Caslano 3rd Addition. RST-2 RS-4 RS-3 RS-2 RS-4 Page 251 of 276 EXHIBIT CPage 252 of 276 EXHIBIT DPage 253 of 276 DODD BLVD185TH ST W x x CSAH 9CASH 60 EXHIBIT E Page 254 of 276 DODD BLVD185TH ST W CSAH 9CASH 60 EXHIBIT F Page 255 of 276 DODD BLVDEXISTING HOUSE EXISTING HOUSE SHED SHED SHED 185TH ST W CSAH 9CASH 60 EXHIBIT G Page 256 of 276 Tag Species DBH Cond Notes R=Remove S=Save Longitude Latitude HAE Easting Northing MSL 1 Maple, norway 16 Good R -93.2513 44.6803 1006.26 516996 175977 1006.26 2 Maple, silver 20 Good R -93.2511 44.6803 1006.44 517049 175964 1006.44 3 Maple, norway 19 Good R -93.2511 44.6802 1011.16 517046 175924 1011.16 4 Maple, silver 14 Good R -93.251 44.6802 1009.8 517080 175951 1009.8 5 Maple, silver 7 Good R -93.2509 44.6801 1002.49 517104 175908 1002.49 6 Maple, silver 25 Good R -93.2507 44.6801 999.997 517160 175897 999.997 7 Maple, silver 45 Average R -93.2507 44.6802 1006.27 517165 175932 1006.27 8 Maple, silver 27 Average R -93.2506 44.6802 1006.02 517183 175945 1006.02 9 Maple, silver 67 Average large cavity at base R -93.2506 44.6803 998.722 517191 175969 998.722 10 Maple, silver 8 Good R -93.2505 44.6804 1004.21 517206 175999 1004.21 11 Maple, silver 16 Good R -93.2505 44.6803 1011.7 517217 175980 1011.7 12 Elm, siberian 16 Good R -93.2504 44.6804 1006.08 517225 176011 1006.08 13 Elm, siberian 15 Good R -93.2504 44.6804 1016.28 517234 176016 1016.28 14 Elm, siberian 44 Average R -93.2503 44.6804 1021.9 517259 176006 1021.9 15 Maple, silver 64 Average large cavity at base R -93.2504 44.6801 1001.41 517245 175916 1001.41 16 Maple, silver 23 Good R -93.2505 44.68 1001.38 517220 175880 1001.38 17 Maple, silver 40 Average R -93.2502 44.6801 984.691 517279 175905 984.691 18 Maple, silver 28 Good R -93.2503 44.68 1010.44 517273 175879 1010.44 19 Maple, silver 31 Average R -93.2499 44.6799 997.66 517368 175812 997.66 20 Cottonwood, eastern 9 Average R -93.2495 44.6797 995.848 517463 175758 995.848 21 Crabapple 13 Good R -93.2499 44.6803 997.143 517377 175988 997.143 22 Crabapple 15 Good R -93.2498 44.6804 997.634 517383 176010 997.634 23 Crabapple 10 Good R -93.2499 44.6804 999.951 517364 176002 999.951 24 Maple, silver 52 Average R -93.2502 44.6804 1002.43 517293 175996 1002.43 25 Spruce, white 14 Good 40 ft R -93.2503 44.6805 997.002 517277 176052 997.002 26 Spruce, white 8 Good 40 ft R -93.2503 44.6805 994.207 517268 176059 994.207 27 Spruce, white 11 Good 40 ft R -93.2503 44.6805 1003.76 517262 176053 1003.76 28 Spruce, white 12 Good 40 ft R -93.2503 44.6805 999.322 517253 176062 999.322 29 Maple, silver 12 Good R -93.2504 44.6805 1009.45 517244 176040 1009.45 30 Maple, silver 7 Good R -93.2503 44.6805 1003.07 517252 176032 1003.07 31 Spruce, white 12 Good 40 ft R -93.2504 44.6805 1001.73 517239 176062 1001.73 32 Spruce, white 15 Good 40 ft R -93.2505 44.6805 1001.89 517222 176062 1001.89 33 Spruce, white 9 Good 40 ft R -93.2505 44.6806 998.971 517210 176066 998.971 34 Spruce, white 16 Good 40 ft R -93.2505 44.6806 1009 517202 176071 1009 35 Spruce, white 10 Good 40 ft R -93.2506 44.6806 1004.68 517194 176067 1004.68 36 Spruce, white 14 Good 40 ft. 2x 8 6 R -93.2506 44.6806 1011.23 517185 176069 1011.23 37 Spruce, white 14 Good 40 ft R -93.2506 44.6806 1008.12 517180 176073 1008.12 38 Spruce, white 8 Good 40 ft R -93.2507 44.6806 1011.44 517153 176071 1011.44 39 Spruce, white 17 Good 40 ft R -93.2507 44.6806 997.244 517147 176076 997.244 40 Spruce, white 17 Good 40 ft R -93.2508 44.6806 1002.6 517133 176074 1002.6 41 Spruce, white 22 Good 40 ft R -93.2508 44.6806 1001.33 517129 176075 1001.33 42 Spruce, white 20 Good 40 ft R -93.2509 44.6806 997.28 517117 176079 997.28 43 Spruce, white 20 Good 40 ft R -93.251 44.6806 1000.77 517077 176091 1000.77 44 Spruce, white 19 Good 40 ft R -93.251 44.6806 1002.27 517070 176090 1002.27 45 Spruce, white 16 Good 40 ft R -93.2511 44.6806 1009.5 517056 176091 1009.5 46 Spruce, white 15 Good 40 ft R -93.2511 44.6806 998.428 517050 176088 998.428 47 Spruce, white 15 Good 40 ft R -93.2511 44.6806 1004.03 517048 176087 1004.03 48 Spruce, white 15 Good 40 ft R -93.2511 44.6806 1011.75 517045 176093 1011.75 49 Spruce, white 12 Good 40 ft S -93.2512 44.6806 1004.58 517040 176094 1004.58 50 Spruce, white 8 Good 40 ft S -93.2512 44.6806 1000.48 517034 176090 1000.48 51 Spruce, blue 19 Good 40 ft S -93.2512 44.6807 996.679 517036 176107 996.679 52 Spruce, white 14 Good 40 ft S -93.2512 44.6806 1015.25 517018 176092 1015.25 53 Spruce, white 9 Average 40 ft S -93.2513 44.6806 1004.67 517007 176098 1004.67 54 Spruce, blue 13 Good 40 ft S -93.2513 44.6807 1003.11 517011 176107 1003.11 55 Spruce, blue 17 Good 40 ft S -93.2513 44.6807 999.924 517000 176108 999.924 56 Spruce, blue 18 Good 40 ft S -93.2513 44.6805 1004.05 516993 176041 1004.05 57 Spruce, blue 17 Good 40 ft S -93.2514 44.6805 1004.13 516986 176029 1004.13 58 Spruce, blue 20 Good 40 ft S -93.2514 44.6804 1000.6 516984 176021 1000.6 59 Spruce, blue 16 Good 40 ft S -93.2514 44.6804 1005.45 516978 176002 1005.45 60 Spruce, blue 23 Good 40 ft S -93.2514 44.6803 1003.65 516969 175986 1003.65 61 Boxelder 11 Average R -93.2513 44.6791 1000.77 517007 175529 1000.77 62 Boxelder 9 Average R -93.2513 44.6791 1000.27 517007 175524 1000.27 63 Boxelder 16 Average 2x 8 8 R -93.2512 44.6791 998.705 517021 175532 998.705 64 Boxelder 6 Average R -93.2512 44.6791 998.475 517030 175528 998.475 65 Cottonwood, eastern 22 Good R -93.251 44.6791 1000.3 517081 175528 1000.3 66 Cottonwood, eastern 36 Good R -93.251 44.6791 994.794 517088 175529 994.794 67 Willow, black 24 Average R -93.251 44.6791 1004.34 517090 175517 1004.34 68 Willow, black 47 Average 2x 25 22 R -93.2508 44.679 1002.54 517126 175514 1002.54 69 Boxelder 7 Average R -93.2507 44.6791 1008.08 517149 175522 1008.08 70 Boxelder 6 Average R -93.2507 44.6791 1009.24 517156 175521 1009.24 71 Boxelder 28 Average R -93.2507 44.6791 998.775 517165 175521 998.775 72 Cottonwood, eastern 9 Good R -93.2487 44.679 985.168 517669 175512 985.168 73 Elm, american 12 Average S -93.2479 44.6791 985.777 517901 175517 985.777 74 Boxelder 8 Average S -93.2478 44.679 980.638 517905 175509 980.638 75 Boxelder 11 Average S -93.2479 44.6791 981.785 517899 175525 981.785 76 Boxelder 7 Average R -93.2479 44.6791 992.226 517897 175538 992.226 77 Boxelder 7 Average R -93.2478 44.6793 993.486 517904 175613 993.486 78 Boxelder 6 Average R -93.2478 44.6793 985.969 517910 175620 985.969 79 Boxelder 9 Average R -93.2478 44.6794 991.689 517910 175627 991.689 Tag Species DBH Cond Notes R=Remove S=Save Longitude Latitude HAE Easting Northing MSL 80 Boxelder 10 Average R -93.2478 44.6794 981.91 517915 175649 981.91 81 Boxelder 6 Average R -93.2478 44.6794 981.741 517904 175652 981.741 82 Boxelder 6 Average R -93.2478 44.6794 992.031 517904 175662 992.031 83 Elm, american 12 Average R -93.2478 44.6796 983.602 517912 175710 983.602 84 Boxelder 7 Average R -93.2479 44.6796 986.914 517896 175704 986.914 85 Boxelder 7 Average R -93.2479 44.6796 982.408 517899 175710 982.408 86 Boxelder 9 Average R -93.2478 44.6796 985.917 517911 175729 985.917 87 Boxelder 15 Average R -93.2478 44.6797 985.124 517914 175740 985.124 88 Elm, american 20 Average 2x 11 9 R -93.2478 44.6797 996.347 517916 175751 996.347 89 Elm, american 7 Average R -93.2478 44.6797 982.191 517911 175757 982.191 90 Boxelder 6 Average R -93.2478 44.6797 997.02 517903 175752 997.02 91 Boxelder 12 Average R -93.2478 44.6797 987.41 517908 175767 987.41 92 Boxelder 12 Average R -93.2478 44.6797 982.256 517905 175770 982.256 93 Boxelder 24 Average R -93.2478 44.6798 987.649 517904 175788 987.649 94 Boxelder 13 Average R -93.2478 44.6799 985.091 517910 175813 985.091 95 Boxelder 13 Average R -93.2478 44.6799 990.582 517905 175815 990.582 96 Boxelder 15 Average R -93.2478 44.68 995.807 517916 175847 995.807 97 Boxelder 20 Average 2x 11 9 R -93.2478 44.68 983.361 517912 175857 983.361 98 Boxelder 9 Average R -93.2478 44.68 989.408 517915 175864 989.408 99 Boxelder 9 Average R -93.2478 44.68 977.561 517917 175865 977.561 100 Elm, siberian 19 Average R -93.2478 44.6801 984.527 517913 175888 984.527 101 Elm, american 7 Average R -93.2479 44.6801 983.991 517887 175889 983.991 102 Boxelder 13 Average R -93.2479 44.6802 987.169 517882 175933 987.169 103 Boxelder 10 Average R -93.2479 44.6802 984.669 517894 175938 984.669 104 Elm, american 6 Average R -93.2478 44.6802 984.246 517903 175935 984.246 105 Boxelder 13 Average R -93.2479 44.6802 989.958 517897 175948 989.958 106 Boxelder 7 Average R -93.2479 44.6805 977.71 517900 176035 977.71 107 Oak, white 42 Average trunk decay R -93.2479 44.6805 983.116 517890 176054 983.116 108 Elm, american 20 Average R -93.2479 44.6805 984.352 517895 176060 984.352 109 Hackberry 13 Average R -93.2478 44.6805 988.4 517906 176059 988.4 110 Boxelder 9 Average R -93.2479 44.6806 981.447 517885 176096 981.447 111 Boxelder 10 Average R -93.2479 44.6806 975.209 517878 176092 975.209 112 Elm, american 21 Average R -93.248 44.6806 982.836 517865 176079 982.836 113 Boxelder 10 Average R -93.248 44.6806 979.569 517857 176085 979.569 114 Boxelder 11 Average R -93.248 44.6806 979.567 517855 176080 979.567 115 Boxelder 14 Average R -93.2481 44.6806 979.325 517844 176064 979.325 116 Boxelder 18 Average R -93.248 44.6805 988.173 517852 176055 988.173 117 Boxelder 13 Average R -93.2481 44.6805 983.118 517841 176044 983.118 118 Boxelder 10 Average R -93.2482 44.6806 989.272 517812 176081 989.272 119 Boxelder 9 Average R -93.2481 44.6806 981.495 517828 176094 981.495 120 Boxelder 17 Average R -93.2482 44.6806 981.126 517810 176081 981.126 121 Boxelder 15 Average R -93.2483 44.6806 999.318 517793 176076 999.318 122 Boxelder 8 Average R -93.2483 44.6806 997.839 517786 176078 997.839 123 Boxelder 11 Average R -93.2483 44.6805 982.473 517791 176060 982.473 124 Boxelder 16 Average R -93.2483 44.6806 994.021 517785 176100 994.021 125 Boxelder 14 Average R -93.2483 44.6807 989.342 517787 176111 989.342 126 Elm, american 7 Average R -93.2483 44.6807 983.468 517784 176118 983.468 127 Boxelder 7 Average R -93.2484 44.6807 988.894 517768 176113 988.894 128 Boxelder 14 Average R -93.2484 44.6807 991.144 517763 176114 991.144 129 Boxelder 16 Average R -93.2484 44.6806 981.832 517750 176089 981.832 130 Boxelder 19 Average R -93.2478 44.6808 982.101 517904 176142 982.101 131 Boxelder 11 Average R -93.2478 44.6807 976.997 517901 176136 976.997 132 Boxelder 15 Average R -93.2479 44.6808 977.752 517893 176148 977.752 133 Boxelder 12 Average R -93.2478 44.6808 984.224 517904 176151 984.224 134 Boxelder 9 Average R -93.2479 44.6807 981.327 517892 176136 981.327 135 Boxelder 15 Average R -93.2479 44.6807 975.727 517882 176118 975.727 136 Boxelder 20 Average R -93.2479 44.6807 992.216 517879 176113 992.216 137 Boxelder 13 Average R -93.2479 44.6807 977.926 517877 176120 977.926 138 Boxelder 13 Average R -93.2479 44.6807 978.5 517878 176124 978.5 139 Boxelder 16 Average R -93.2482 44.6808 984.434 517803 176149 984.434 140 Boxelder 15 Average R -93.2482 44.6807 988.148 517815 176125 988.148 141 Boxelder 12 Average R -93.2482 44.6807 990.151 517816 176120 990.151 142 Boxelder 13 Average R -93.2483 44.6807 985.698 517796 176116 985.698 143 Boxelder 14 Average R -93.2484 44.6808 979.673 517745 176154 979.673 144 Boxelder 12 Average R -93.2484 44.6808 982.549 517749 176151 982.549 145 Boxelder 12 Average R -93.2485 44.6808 988.391 517742 176149 988.391 146 Boxelder 18 Average R -93.2485 44.6807 991.319 517742 176125 991.319 147 Boxelder 11 Average R -93.2485 44.6807 994.645 517731 176129 994.645 148 Boxelder 15 Average R -93.2485 44.6807 995.002 517722 176113 995.002 149 Boxelder 12 Average R -93.2486 44.6807 989.48 517716 176122 989.48 150 Boxelder 14 Average R -93.2486 44.6808 990.264 517706 176139 990.264 151 Boxelder 17 Average R -93.2486 44.6808 989.13 517698 176143 989.13 152 Boxelder 19 Average R -93.2487 44.6807 985.17 517692 176128 985.17 153 Boxelder 10 Average R -93.2487 44.6807 997.642 517690 176115 997.642 154 Boxelder 16 Average R -93.2486 44.6807 1009.94 517694 176102 1009.94 155 Boxelder 12 Average R -93.2487 44.6806 995.923 517675 176099 995.923 Ash, green 11 Dying diseased w/EAB R -93.2506 44.6804 1004.93 517197 176017 1004.93 Ash, green 14 Dying diseased w/EAB R -93.2508 44.6801 1002.17 517134 175900 1002.17 Ash, green 14 Dying diseased w/EAB R -93.2503 44.6804 1006.45 517270 176003 1006.45 Page 257 of 276 DODD BLVD185TH ST W CSAH 9CASH 60 EXHIBIT H Page 258 of 276 EXHIBIT I Page 259 of 276 First Floor0' - 0" Second Floor10' - 1 3/4" Roof18' - 2 7/8" Basement-9' - 2 5/8" T.O. Footing -9' - 6 1/8" B.O. Footing-10' - 2 1/8" Top of Foundation -1' - 2 1/8" First Floor Clg. 9' - 1 1/8" Basement Clg. -1' - 0 5/8" Roof Peak27' - 2 1/4" Grade-1' - 8 1/8"8' - 1 1/8"1' - 0 5/8"9' - 1 1/8"1' - 0 5/8"8' - 2"1' - 2 1/8"8' - 4"REDWOOD - LOT 04MULBERRY - LOT 03 REDWOOD - LOT 04MULBERRY - LOT 03 DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20245:09:07 PM03 Front & Rear ElevationsCJH-Autumn Hills - Blk 01Lots 03-04 - CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.24SMMBlk 01 Lots 03-04Lakeville, MN 55044STONE ATTACHMENT 1. VERIFY COMPLIANCE WITH INSPECTOR WHEN PAPER IS COMPLETE IN ONE WINDOW AREA. 2. WEATHER RESISTIVE BARRIERS: INCLUDE 2 LAYERS OF GRADE D PAPER WITH WEATHER RESISITVE BARRIERS OVER WOOD BASED SHEATHING. 15 OR 15# IS NOT GRADE D PAPER. LAP VERTICAL JOINTS IN PAPER AT LEAST 2 INCHES. 3. EXTERIOR OPENINGS FLASHED: FLASH ALL EXTERIOR OPENINGS. THE NAILING FLANGE ON WINDOWS WILL NOT BE ACCEPTED FOR FLASHING UNLESS THE MANUFACTURERS INSULATION INSTRUCTIONS ARE PROVIDED ON SITE STATING THE FLANGE IS ACCEPTABLE AS FLASHING. 4. WINDOW FLANGES: INSTALL PAPER ON BOTTOM AND SIDES OF WINDOW BEFORE INSTALLING WINDOW. PAPER LOCATED ON TOP OF WINDOW SHALL GO OVER THE WINDOW FLASHING. INSTALL A SECOND LAYER OF PAPER OVER SIDE WINDOW FLANGES. 5. WINDOW OPENINGS: WATERPROOF WINDOW OPENINGS WITH CAULK, TAPE, OR LIKE MATERIAL. ALL OTHER OPENINGS MUST BE WATERPROOFED WITH CAULK, TAPE, OR LIKE MATERIAL. 6. PAPER ENTIRE WALL: BUILDING PAPER MUST BE INSTALLED ON ALL EXTERIOR WALLS INCLUDING WITHIN THE SOFFIT. INSTALL PAPER IN SHINGLE FASHION TO ENSURE PROPER WATER DRAINIAGE. 7. FLASHING: AT ALL WALL/ROOF INTERSECTIONS WHERE ROOF LINE DOES NOT EXTEND PAST WALL, KICKOUT FLASHING IS REQUIRED. ALL OTHER OPENINGS MUST BE FLASHED TO ENSURE PROPER WATERPROOFING. 8. WEEP SCREED: PROVIDE A CORROSION RESISTANT WEEP SCREED WITH A MINIMUM VERTICAL ATTACHMENT FLANGE OF 3-1/2" AT OR BELOW THE FOUNDATION PLATE. TO ENSURE TRAPPED WATER HAS PROPER DRAINAGE TO EXTERIOR, SCREED SHALL BE A TYPE THAT ALLOWS FOR DRAINAGE AND MUST BE PLACED A MINIMUM OF 4" ABOVE EARTH OR 2" ABOVE CONCRETE. PLACE WEEP SCREEDS JUST BELOW PLATE LINE. IF PAPER HAS BEEN INSTALLED ON FOUNDATION, EXTEND WEEP SCREED ONTO FOUNDATION. ALL STONE MUST NOT EXTEND BELOW, BUT MUST COVER, ALL LATH AND PAPER. DAVID CHARLEZ DESIGNS DOES NOT ACCEPT ANY RESPONSIBILITY FOR STONE INSTALLATION OR WATERPROOFING TECHNIQUES. REFER TO MANUFACTURER AND INSTALLERS FOR PREFERRED INSTALLATION METHODS WHICH WILL DIFFER FROM WHAT IS SHOWN. FOUNDATION WALL HEIGHTS ARE SUBJECT TO CHANGE DUE TO GRADE AND SITE CONDITIONS. ALL FOUNDATION WALL HEIGHTS MUST BE VERIFIED ON SITE BY THE CONTRACTOR AND SITE SURVEYOR PRIOR TO CONSTRUCTION. FOUNDATION CONTRACTOR WILL STEP FOUNDATION WALLS AS NECESSARY TO MAINTAIN PROPER FROST PROTECTION (42" BELOW GRADE) IN ACCORDANCE TO CURRENT MINNESOTA CODE, REGULATIONS, AND ZONING. FOUNDATION WALLS DISCLOSURE: 1/4" = 1'-0" 1Front Elevation 1/4" = 1'-0" 2Rear Elevation TYPICAL EXTERIOR MATERIALS ASPHALT SHINGLES W/ NATURAL SHADOW ARCHITECTURAL GRADE 6" EXPOSURE COMPOSITE SIDING PER ELEVATION 7" EXPOSURE COMPOSITE SHAKE STRAIGHT PER ELEVATION 2" STONE VENEER PER ELEVATION INSTALL KICK OUT FLASHING & TWO MEMBRANE TAR PAPER BACKING IN ALL STONE AREAS COMPOSITE STOOL & APRON WINDOW & DOOR WRAPS PER ELEVATION 5/4" x 6" COMPOSITE CORNER BOARDS PER ELEVATION 4/4" x 6" COMPOSITE FASCIA PER ELEVATION COMPOSITE VENTED SOFFITS PER ELEVATION EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION HOUSE WRAP AND/OR TAR PAPER IN PROPER FORM ON ENTIRE EXTERIOR B C A SEE "TYPICAL EXTERIOR MATERIALS" FOR ALL CLADDING SHOWN SEE FINAL PAGE FOR SQUARE FOOTAGE CALCULATIONS METAL FASCIAS AND ROOFS HAVE THE TENDENCY TO OIL CAN UNDER CERTAIN WEATHER CONDITIONS. CONSULT CONTRACTOR FOR METAL GAUGE THICKNESS OPTIONS TO REDUCE WEATHER RELATED CONCERNS (BUBBLING, WARPING, ETC.) GENERAL CONTRACTOR TO ENSURE THAT ALL ROOF PENETRATIONS (VENT PIPES, EXHAUST FANS, FURNACE/AC PIPES, ETC) ARE PLACED IN INCONSPICUOUS LOCATIONS ON ROOF TO MINIMIZE THE SIGHT OF PENETRATIONS FROM MAIN ARCHITECTURAL VIEWS OF HOME. DAVID CHARLEZ DESIGNS RECOMMENDS MASONRY CONCRETE LEDGES FOR ALL EXTERIOR MASONRY CLADDING PRODUCTS. WHEN MASONRY CONCRETE LEDGES ARE NOT PROVIDED PER GENERAL CONTRACTOR ’S REQUEST, DAVID CHARLEZ DESIGNS DOES NOT ACCEPT RESPONSIBILITY FOR ANY EXTERIOR MASONRY CLADDING FAILURES. elevation notes:REVISION SCHEDULENumber Date Issued by EXHIBITJ Page 260 of 276 DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20245:09:16 PM04 Left & Right ElevationsCJH-Autumn Hills - Blk 01Lots 03-04 - CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.24SMMBlk 01 Lots 03-04Lakeville, MN 55044TYPICAL EXTERIOR MATERIALS ASPHALT SHINGLES W/ NATURAL SHADOW ARCHITECTURAL GRADE 6" EXPOSURE COMPOSITE SIDING PER ELEVATION 7" EXPOSURE COMPOSITE SHAKE STRAIGHT PER ELEVATION 2" STONE VENEER PER ELEVATION INSTALL KICK OUT FLASHING & TWO MEMBRANE TAR PAPER BACKING IN ALL STONE AREAS COMPOSITE STOOL & APRON WINDOW & DOOR WRAPS PER ELEVATION 5/4" x 6" COMPOSITE CORNER BOARDS PER ELEVATION 4/4" x 6" COMPOSITE FASCIA PER ELEVATION COMPOSITE VENTED SOFFITS PER ELEVATION EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION HOUSE WRAP AND/OR TAR PAPER IN PROPER FORM ON ENTIRE EXTERIOR B C A STONE ATTACHMENT 1. VERIFY COMPLIANCE WITH INSPECTOR WHEN PAPER IS COMPLETE IN ONE WINDOW AREA. 2. WEATHER RESISTIVE BARRIERS: INCLUDE 2 LAYERS OF GRADE D PAPER WITH WEATHER RESISITVE BARRIERS OVER WOOD BASED SHEATHING. 15 OR 15# IS NOT GRADE D PAPER. LAP VERTICAL JOINTS IN PAPER AT LEAST 2 INCHES. 3. EXTERIOR OPENINGS FLASHED: FLASH ALL EXTERIOR OPENINGS. THE NAILING FLANGE ON WINDOWS WILL NOT BE ACCEPTED FOR FLASHING UNLESS THE MANUFACTURERS INSULATION INSTRUCTIONS ARE PROVIDED ON SITE STATING THE FLANGE IS ACCEPTABLE AS FLASHING. 4. WINDOW FLANGES: INSTALL PAPER ON BOTTOM AND SIDES OF WINDOW BEFORE INSTALLING WINDOW. PAPER LOCATED ON TOP OF WINDOW SHALL GO OVER THE WINDOW FLASHING. INSTALL A SECOND LAYER OF PAPER OVER SIDE WINDOW FLANGES. 5. WINDOW OPENINGS: WATERPROOF WINDOW OPENINGS WITH CAULK, TAPE, OR LIKE MATERIAL. ALL OTHER OPENINGS MUST BE WATERPROOFED WITH CAULK, TAPE, OR LIKE MATERIAL. 6. PAPER ENTIRE WALL: BUILDING PAPER MUST BE INSTALLED ON ALL EXTERIOR WALLS INCLUDING WITHIN THE SOFFIT. INSTALL PAPER IN SHINGLE FASHION TO ENSURE PROPER WATER DRAINIAGE. 7. FLASHING: AT ALL WALL/ROOF INTERSECTIONS WHERE ROOF LINE DOES NOT EXTEND PAST WALL, KICKOUT FLASHING IS REQUIRED. ALL OTHER OPENINGS MUST BE FLASHED TO ENSURE PROPER WATERPROOFING. 8. WEEP SCREED: PROVIDE A CORROSION RESISTANT WEEP SCREED WITH A MINIMUM VERTICAL ATTACHMENT FLANGE OF 3-1/2" AT OR BELOW THE FOUNDATION PLATE. TO ENSURE TRAPPED WATER HAS PROPER DRAINAGE TO EXTERIOR, SCREED SHALL BE A TYPE THAT ALLOWS FOR DRAINAGE AND MUST BE PLACED A MINIMUM OF 4" ABOVE EARTH OR 2" ABOVE CONCRETE. PLACE WEEP SCREEDS JUST BELOW PLATE LINE. IF PAPER HAS BEEN INSTALLED ON FOUNDATION, EXTEND WEEP SCREED ONTO FOUNDATION. ALL STONE MUST NOT EXTEND BELOW, BUT MUST COVER, ALL LATH AND PAPER. DAVID CHARLEZ DESIGNS DOES NOT ACCEPT ANY RESPONSIBILITY FOR STONE INSTALLATION OR WATERPROOFING TECHNIQUES. REFER TO MANUFACTURER AND INSTALLERS FOR PREFERRED INSTALLATION METHODS WHICH WILL DIFFER FROM WHAT IS SHOWN. FOUNDATION WALL HEIGHTS ARE SUBJECT TO CHANGE DUE TO GRADE AND SITE CONDITIONS. ALL FOUNDATION WALL HEIGHTS MUST BE VERIFIED ON SITE BY THE CONTRACTOR AND SITE SURVEYOR PRIOR TO CONSTRUCTION. FOUNDATION CONTRACTOR WILL STEP FOUNDATION WALLS AS NECESSARY TO MAINTAIN PROPER FROST PROTECTION (42" BELOW GRADE) IN ACCORDANCE TO CURRENT MINNESOTA CODE, REGULATIONS, AND ZONING. FOUNDATION WALLS DISCLOSURE: 1/4" = 1'-0" 1Left Elevation 1/4" = 1'-0" 2Right Elevation SEE "TYPICAL EXTERIOR MATERIALS" FOR ALL CLADDING SHOWN SEE FINAL PAGE FOR SQUARE FOOTAGE CALCULATIONS METAL FASCIAS AND ROOFS HAVE THE TENDENCY TO OIL CAN UNDER CERTAIN WEATHER CONDITIONS. CONSULT CONTRACTOR FOR METAL GAUGE THICKNESS OPTIONS TO REDUCE WEATHER RELATED CONCERNS (BUBBLING, WARPING, ETC.) GENERAL CONTRACTOR TO ENSURE THAT ALL ROOF PENETRATIONS (VENT PIPES, EXHAUST FANS, FURNACE/AC PIPES, ETC) ARE PLACED IN INCONSPICUOUS LOCATIONS ON ROOF TO MINIMIZE THE SIGHT OF PENETRATIONS FROM MAIN ARCHITECTURAL VIEWS OF HOME. DAVID CHARLEZ DESIGNS RECOMMENDS MASONRY CONCRETE LEDGES FOR ALL EXTERIOR MASONRY CLADDING PRODUCTS. WHEN MASONRY CONCRETE LEDGES ARE NOT PROVIDED PER GENERAL CONTRACTOR ’S REQUEST, DAVID CHARLEZ DESIGNS DOES NOT ACCEPT RESPONSIBILITY FOR ANY EXTERIOR MASONRY CLADDING FAILURES. elevation notes:REVISION SCHEDULENumber Date Issued by Page 261 of 276 11' - 1"8' - 3"20' - 6"21' - 8"18' - 4"5' - 10"51' - 2"12' - 0"3' - 0"10' - 0"11' - 10"28' - 0"29' - 0"10' - 10" 79' - 8"1' - 2"68' - 10"10' - 0"80' - 0"3' - 0"REDWOOD - LOT 04 MULBERRY - LOT 03 1/4" = 1'-0" 1Lower Level WINDOW NOTE: GENERIC WINDOWS ARE CALLED OUT BY WINDOW FRAME SIZE IN INCHES. EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION. WINDOW MANUFACTURER TO SPECIFY CLOSEST MATCHING SIZES & VERIFY EGRESS COMPLIANCE AND PROVIDE WINDOW SCHEDULE WITH ROUGH OPENINGS. WINDOW & DOOR HEADERS TO BE 2)2x10 UNLESS NOTED (PER MFG. SPECS.) STRUCTURAL NOTE: BEAM SIZES & ALL STRUCTURAL CONSIDERATIONS SPECIFIED ON THIS SET OF PLANS MUST BE REVIEWED BY THE FLOOR SYSTEM DESIGNER OR BY A STRUCTURAL ENGINEER AND CONFIRMED TO BE STRUCTURALLY SOUND. BASED ON THAT REVIEW IF THERE ARE ANY CHANGES OR ADDED BEAM SIZES, LOCATION , ETC. THESE CHANGES MUST BE BROUGHT TO THE GENERAL CONTRACTORS ATTENTION:DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20245:09:18 PM06 Lower LevelCJH-Autumn Hills - Blk 01Lots 03-04 - CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.24SMMBlk 01 Lots 03-04Lakeville, MN 55044DIMENSIONS ARE FROM FACE OF CONCRETE & FACE OF SHEATHING TO CENTER OF STUD. FLOOR JOISTS ARE CALLED OUT AT 16" O.C. FLOOR SYSTEM DESIGNER VERIFY SPACING AND ADJUST AS ALLOWED BY SPANS CEILING HEIGHT @ 8'-2" UNLESS NOTED T.O. WINDOW FRAMES SET @ 84" FROM FLOOR UNLESS NOTED LOWER LEVEL NOTES:REVISION SCHEDULENumber Date Issued by Page 262 of 276 10' - 0"69' - 0"1' - 0"12' - 0"28' - 0"29' - 0"11' - 0"6' - 0"51' - 0"12' - 0"3' - 0"12' - 3"6' - 3"21' - 6"21' - 6"18' - 6"80' - 0"80' - 0"3' - 0"REDWOOD - LOT 04 MULBERRY - LOT 03 1/4" = 1'-0" 1Main Level DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20245:09:19 PM07 Main LevelCJH-Autumn Hills - Blk 01Lots 03-04 - CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.24SMMBlk 01 Lots 03-04Lakeville, MN 55044WINDOW NOTE: GENERIC WINDOWS ARE CALLED OUT BY WINDOW FRAME SIZE IN INCHES. EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION. WINDOW MANUFACTURER TO SPECIFY CLOSEST MATCHING SIZES & VERIFY EGRESS COMPLIANCE AND PROVIDE WINDOW SCHEDULE WITH ROUGH OPENINGS. WINDOW & DOOR HEADERS TO BE 2)2x10 UNLESS NOTED (PER MFG. SPECS.) STRUCTURAL NOTE: BEAM SIZES & ALL STRUCTURAL CONSIDERATIONS SPECIFIED ON THIS SET OF PLANS MUST BE REVIEWED BY THE FLOOR SYSTEM DESIGNER OR BY A STRUCTURAL ENGINEER AND CONFIRMED TO BE STRUCTURALLY SOUND. BASED ON THAT REVIEW IF THERE ARE ANY CHANGES OR ADDED BEAM SIZES, LOCATION , ETC. THESE CHANGES MUST BE BROUGHT TO THE GENERAL CONTRACTORS ATTENTION: DIMENSIONS ARE FROM FACE OF SHEATHING TO CENTER OF STUD FLOOR JOISTS ARE CALLED OUT AT 16" O.C. FLOOR TRUSSES ARE CALLED OUT AT 19.2" O.C. FLOOR SYSTEM DESIGNER VERIFY SPACING AND ADJUST AS ALLOWED BY SPANS CEILING HEIGHT @ 9'-1-1/8" UNLESS NOTED T.O. WINDOW FRAMES SET @ 96" FROM FLOOR UNLESS NOTED MAIN LEVEL NOTES:REVISION SCHEDULENumber Date Issued by Page 263 of 276 6' - 0"23' - 0"28' - 0"12' - 0"3' - 0"40' - 0"29' - 0"11' - 0"69' - 0"3' - 0"12' - 3"6' - 3"21' - 6"21' - 6"18' - 6"72' - 0"80' - 0" REDWOOD - LOT 04 MULBERRY - LOT 03 1/4" = 1'-0" 1Upper Level DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20245:09:20 PM08 Upper LevelCJH-Autumn Hills - Blk 01Lots 03-04 - CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.24SMMBlk 01 Lots 03-04Lakeville, MN 55044DIMENSIONS ARE FROM FACE OF SHEATHING TO CENTER OF STUD ROOF TRUSSES ARE CALLED OUT AT 24" O.C. FLOOR/ROOF SYSTEM DESIGNER VERIFY SPACING AND ADJUST AS ALLOWED BY SPANS CEILING HEIGHT @ 8'-1 1/8" UNLESS NOTED T.O. WINDOW FRAMES SET @ 84" FROM FLOOR UNLESS NOTED upper LEVEL NOTES:WINDOW NOTE: GENERIC WINDOWS ARE CALLED OUT BY WINDOW FRAME SIZE IN INCHES. EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION. WINDOW MANUFACTURER TO SPECIFY CLOSEST MATCHING SIZES & VERIFY EGRESS COMPLIANCE AND PROVIDE WINDOW SCHEDULE WITH ROUGH OPENINGS. WINDOW & DOOR HEADERS TO BE 2)2x10 UNLESS NOTED (PER MFG. SPECS.) STRUCTURAL NOTE: BEAM SIZES & ALL STRUCTURAL CONSIDERATIONS SPECIFIED ON THIS SET OF PLANS MUST BE REVIEWED BY THE FLOOR SYSTEM DESIGNER OR BY A STRUCTURAL ENGINEER AND CONFIRMED TO BE STRUCTURALLY SOUND. BASED ON THAT REVIEW IF THERE ARE ANY CHANGES OR ADDED BEAM SIZES, LOCATION , ETC. THESE CHANGES MUST BE BROUGHT TO THE GENERAL CONTRACTORS ATTENTION:REVISION SCHEDULENumber Date Issued by Page 264 of 276 First Floor0' - 0" Second Floor10' - 1 3/4" Roof18' - 2 7/8" Basement-9' - 2 5/8" T.O. Footing-9' - 6 1/8" B.O. Footing -10' - 2 1/8" Top of Foundation-1' - 2 1/8" First Floor Clg.9' - 1 1/8" Basement Clg.-1' - 0 5/8" Roof Peak29' - 3 1/4" Grade -1' - 8 1/8"8' - 1 1/8"1' - 0 5/8"9' - 1 1/8"1' - 0 5/8"8' - 2"1' - 2 1/8"8' - 4"RIVER BIRCH - LOT 02TEAK - LOT 01 RIVER BIRCH - LOT 02TEAK - LOT 01 DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20244:30:46 PM03 Front & Rear ElevationsCJH-Autumn Hills - Blk 01Lots 01-02-CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.2024SMMBlk 01 Lots 01-02Lakevile, MN 55044STONE ATTACHMENT 1. VERIFY COMPLIANCE WITH INSPECTOR WHEN PAPER IS COMPLETE IN ONE WINDOW AREA. 2. WEATHER RESISTIVE BARRIERS: INCLUDE 2 LAYERS OF GRADE D PAPER WITH WEATHER RESISITVE BARRIERS OVER WOOD BASED SHEATHING. 15 OR 15# IS NOT GRADE D PAPER. LAP VERTICAL JOINTS IN PAPER AT LEAST 2 INCHES. 3. EXTERIOR OPENINGS FLASHED: FLASH ALL EXTERIOR OPENINGS. THE NAILING FLANGE ON WINDOWS WILL NOT BE ACCEPTED FOR FLASHING UNLESS THE MANUFACTURERS INSULATION INSTRUCTIONS ARE PROVIDED ON SITE STATING THE FLANGE IS ACCEPTABLE AS FLASHING. 4. WINDOW FLANGES: INSTALL PAPER ON BOTTOM AND SIDES OF WINDOW BEFORE INSTALLING WINDOW. PAPER LOCATED ON TOP OF WINDOW SHALL GO OVER THE WINDOW FLASHING. INSTALL A SECOND LAYER OF PAPER OVER SIDE WINDOW FLANGES. 5. WINDOW OPENINGS: WATERPROOF WINDOW OPENINGS WITH CAULK, TAPE, OR LIKE MATERIAL. ALL OTHER OPENINGS MUST BE WATERPROOFED WITH CAULK, TAPE, OR LIKE MATERIAL. 6. PAPER ENTIRE WALL: BUILDING PAPER MUST BE INSTALLED ON ALL EXTERIOR WALLS INCLUDING WITHIN THE SOFFIT. INSTALL PAPER IN SHINGLE FASHION TO ENSURE PROPER WATER DRAINIAGE. 7. FLASHING: AT ALL WALL/ROOF INTERSECTIONS WHERE ROOF LINE DOES NOT EXTEND PAST WALL, KICKOUT FLASHING IS REQUIRED. ALL OTHER OPENINGS MUST BE FLASHED TO ENSURE PROPER WATERPROOFING. 8. WEEP SCREED: PROVIDE A CORROSION RESISTANT WEEP SCREED WITH A MINIMUM VERTICAL ATTACHMENT FLANGE OF 3-1/2" AT OR BELOW THE FOUNDATION PLATE. TO ENSURE TRAPPED WATER HAS PROPER DRAINAGE TO EXTERIOR, SCREED SHALL BE A TYPE THAT ALLOWS FOR DRAINAGE AND MUST BE PLACED A MINIMUM OF 4" ABOVE EARTH OR 2" ABOVE CONCRETE. PLACE WEEP SCREEDS JUST BELOW PLATE LINE. IF PAPER HAS BEEN INSTALLED ON FOUNDATION, EXTEND WEEP SCREED ONTO FOUNDATION. ALL STONE MUST NOT EXTEND BELOW, BUT MUST COVER, ALL LATH AND PAPER. DAVID CHARLEZ DESIGNS DOES NOT ACCEPT ANY RESPONSIBILITY FOR STONE INSTALLATION OR WATERPROOFING TECHNIQUES. REFER TO MANUFACTURER AND INSTALLERS FOR PREFERRED INSTALLATION METHODS WHICH WILL DIFFER FROM WHAT IS SHOWN. FOUNDATION WALL HEIGHTS ARE SUBJECT TO CHANGE DUE TO GRADE AND SITE CONDITIONS. ALL FOUNDATION WALL HEIGHTS MUST BE VERIFIED ON SITE BY THE CONTRACTOR AND SITE SURVEYOR PRIOR TO CONSTRUCTION. FOUNDATION CONTRACTOR WILL STEP FOUNDATION WALLS AS NECESSARY TO MAINTAIN PROPER FROST PROTECTION (42" BELOW GRADE) IN ACCORDANCE TO CURRENT MINNESOTA CODE, REGULATIONS, AND ZONING. FOUNDATION WALLS DISCLOSURE: 1/4" = 1'-0" 1Front Elevation 1/4" = 1'-0" 2Rear Elevation TYPICAL EXTERIOR MATERIALS ASPHALT SHINGLES W/ NATURAL SHADOW ARCHITECTURAL GRADE 6" EXPOSURE COMPOSITE SIDING PER ELEVATION 7" EXPOSURE COMPOSITE SHAKES STRAIGHT PER ELEVATION 2" STONE VENEER PER ELEVATION INSTALL KICK OUT FLASHING & TWO MEMBRANE TAR PAPER BACKING IN ALL STONE AREAS COMPOSITE STOOL & APRON WINDOW & DOOR WRAPS PER ELEVATION 5/4" x 6" COMPOSITE CORNER BOARDS PER ELEVATION 4/4" x 6" COMPOSITE FASCIA PER ELEVATION COMPOSITE VENTED SOFFITS PER ELEVATION EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION HOUSE WRAP AND/OR TAR PAPER IN PROPER FORM ON ENTIRE EXTERIOR B C A SEE "TYPICAL EXTERIOR MATERIALS" FOR ALL CLADDING SHOWN SEE FINAL PAGE FOR SQUARE FOOTAGE CALCULATIONS METAL FASCIAS AND ROOFS HAVE THE TENDENCY TO OIL CAN UNDER CERTAIN WEATHER CONDITIONS. CONSULT CONTRACTOR FOR METAL GAUGE THICKNESS OPTIONS TO REDUCE WEATHER RELATED CONCERNS (BUBBLING, WARPING, ETC.) GENERAL CONTRACTOR TO ENSURE THAT ALL ROOF PENETRATIONS (VENT PIPES, EXHAUST FANS, FURNACE/AC PIPES, ETC) ARE PLACED IN INCONSPICUOUS LOCATIONS ON ROOF TO MINIMIZE THE SIGHT OF PENETRATIONS FROM MAIN ARCHITECTURAL VIEWS OF HOME. DAVID CHARLEZ DESIGNS RECOMMENDS MASONRY CONCRETE LEDGES FOR ALL EXTERIOR MASONRY CLADDING PRODUCTS. WHEN MASONRY CONCRETE LEDGES ARE NOT PROVIDED PER GENERAL CONTRACTOR ’S REQUEST, DAVID CHARLEZ DESIGNS DOES NOT ACCEPT RESPONSIBILITY FOR ANY EXTERIOR MASONRY CLADDING FAILURES. elevation notes:REVISION SCHEDULENumber Date Issued by EXHIBIT K Page 265 of 276 DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20244:30:54 PM04 Left & Right ElevationsCJH-Autumn Hills - Blk 01Lots 01-02-CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.2024SMMBlk 01 Lots 01-02Lakevile, MN 55044TYPICAL EXTERIOR MATERIALS ASPHALT SHINGLES W/ NATURAL SHADOW ARCHITECTURAL GRADE 6" EXPOSURE COMPOSITE SIDING PER ELEVATION 7" EXPOSURE COMPOSITE SHAKES STRAIGHT PER ELEVATION 2" STONE VENEER PER ELEVATION INSTALL KICK OUT FLASHING & TWO MEMBRANE TAR PAPER BACKING IN ALL STONE AREAS COMPOSITE STOOL & APRON WINDOW & DOOR WRAPS PER ELEVATION 5/4" x 6" COMPOSITE CORNER BOARDS PER ELEVATION 4/4" x 6" COMPOSITE FASCIA PER ELEVATION COMPOSITE VENTED SOFFITS PER ELEVATION EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION HOUSE WRAP AND/OR TAR PAPER IN PROPER FORM ON ENTIRE EXTERIOR B C A STONE ATTACHMENT 1. VERIFY COMPLIANCE WITH INSPECTOR WHEN PAPER IS COMPLETE IN ONE WINDOW AREA. 2. WEATHER RESISTIVE BARRIERS: INCLUDE 2 LAYERS OF GRADE D PAPER WITH WEATHER RESISITVE BARRIERS OVER WOOD BASED SHEATHING. 15 OR 15# IS NOT GRADE D PAPER. LAP VERTICAL JOINTS IN PAPER AT LEAST 2 INCHES. 3. EXTERIOR OPENINGS FLASHED: FLASH ALL EXTERIOR OPENINGS. THE NAILING FLANGE ON WINDOWS WILL NOT BE ACCEPTED FOR FLASHING UNLESS THE MANUFACTURERS INSULATION INSTRUCTIONS ARE PROVIDED ON SITE STATING THE FLANGE IS ACCEPTABLE AS FLASHING. 4. WINDOW FLANGES: INSTALL PAPER ON BOTTOM AND SIDES OF WINDOW BEFORE INSTALLING WINDOW. PAPER LOCATED ON TOP OF WINDOW SHALL GO OVER THE WINDOW FLASHING. INSTALL A SECOND LAYER OF PAPER OVER SIDE WINDOW FLANGES. 5. WINDOW OPENINGS: WATERPROOF WINDOW OPENINGS WITH CAULK, TAPE, OR LIKE MATERIAL. ALL OTHER OPENINGS MUST BE WATERPROOFED WITH CAULK, TAPE, OR LIKE MATERIAL. 6. PAPER ENTIRE WALL: BUILDING PAPER MUST BE INSTALLED ON ALL EXTERIOR WALLS INCLUDING WITHIN THE SOFFIT. INSTALL PAPER IN SHINGLE FASHION TO ENSURE PROPER WATER DRAINIAGE. 7. FLASHING: AT ALL WALL/ROOF INTERSECTIONS WHERE ROOF LINE DOES NOT EXTEND PAST WALL, KICKOUT FLASHING IS REQUIRED. ALL OTHER OPENINGS MUST BE FLASHED TO ENSURE PROPER WATERPROOFING. 8. WEEP SCREED: PROVIDE A CORROSION RESISTANT WEEP SCREED WITH A MINIMUM VERTICAL ATTACHMENT FLANGE OF 3-1/2" AT OR BELOW THE FOUNDATION PLATE. TO ENSURE TRAPPED WATER HAS PROPER DRAINAGE TO EXTERIOR, SCREED SHALL BE A TYPE THAT ALLOWS FOR DRAINAGE AND MUST BE PLACED A MINIMUM OF 4" ABOVE EARTH OR 2" ABOVE CONCRETE. PLACE WEEP SCREEDS JUST BELOW PLATE LINE. IF PAPER HAS BEEN INSTALLED ON FOUNDATION, EXTEND WEEP SCREED ONTO FOUNDATION. ALL STONE MUST NOT EXTEND BELOW, BUT MUST COVER, ALL LATH AND PAPER. DAVID CHARLEZ DESIGNS DOES NOT ACCEPT ANY RESPONSIBILITY FOR STONE INSTALLATION OR WATERPROOFING TECHNIQUES. REFER TO MANUFACTURER AND INSTALLERS FOR PREFERRED INSTALLATION METHODS WHICH WILL DIFFER FROM WHAT IS SHOWN. FOUNDATION WALL HEIGHTS ARE SUBJECT TO CHANGE DUE TO GRADE AND SITE CONDITIONS. ALL FOUNDATION WALL HEIGHTS MUST BE VERIFIED ON SITE BY THE CONTRACTOR AND SITE SURVEYOR PRIOR TO CONSTRUCTION. FOUNDATION CONTRACTOR WILL STEP FOUNDATION WALLS AS NECESSARY TO MAINTAIN PROPER FROST PROTECTION (42" BELOW GRADE) IN ACCORDANCE TO CURRENT MINNESOTA CODE, REGULATIONS, AND ZONING. FOUNDATION WALLS DISCLOSURE: 1/4" = 1'-0" 1Left Elevation 1/4" = 1'-0" 2Right Elevation SEE "TYPICAL EXTERIOR MATERIALS" FOR ALL CLADDING SHOWN SEE FINAL PAGE FOR SQUARE FOOTAGE CALCULATIONS METAL FASCIAS AND ROOFS HAVE THE TENDENCY TO OIL CAN UNDER CERTAIN WEATHER CONDITIONS. CONSULT CONTRACTOR FOR METAL GAUGE THICKNESS OPTIONS TO REDUCE WEATHER RELATED CONCERNS (BUBBLING, WARPING, ETC.) GENERAL CONTRACTOR TO ENSURE THAT ALL ROOF PENETRATIONS (VENT PIPES, EXHAUST FANS, FURNACE/AC PIPES, ETC) ARE PLACED IN INCONSPICUOUS LOCATIONS ON ROOF TO MINIMIZE THE SIGHT OF PENETRATIONS FROM MAIN ARCHITECTURAL VIEWS OF HOME. DAVID CHARLEZ DESIGNS RECOMMENDS MASONRY CONCRETE LEDGES FOR ALL EXTERIOR MASONRY CLADDING PRODUCTS. WHEN MASONRY CONCRETE LEDGES ARE NOT PROVIDED PER GENERAL CONTRACTOR ’S REQUEST, DAVID CHARLEZ DESIGNS DOES NOT ACCEPT RESPONSIBILITY FOR ANY EXTERIOR MASONRY CLADDING FAILURES. elevation notes:REVISION SCHEDULENumber Date Issued by Page 266 of 276 RIVER BIRCH - LOT 02 TEAK - LOT 01 10' - 10"29' - 0"16' - 0"12' - 0"11' - 10" 11' - 1"8' - 3"20' - 6"22' - 2"17' - 10"18' - 6"50' - 4"1' - 2"1' - 0"12' - 0"45' - 8"5' - 10"4' - 8"70' - 0"79' - 8" 1/4" = 1'-0" 1Lower Level - Layout WINDOW NOTE: GENERIC WINDOWS ARE CALLED OUT BY WINDOW FRAME SIZE IN INCHES. EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION. WINDOW MANUFACTURER TO SPECIFY CLOSEST MATCHING SIZES & VERIFY EGRESS COMPLIANCE AND PROVIDE WINDOW SCHEDULE WITH ROUGH OPENINGS. WINDOW & DOOR HEADERS TO BE 2)2x10 UNLESS NOTED (PER MFG. SPECS.) STRUCTURAL NOTE: BEAM SIZES & ALL STRUCTURAL CONSIDERATIONS SPECIFIED ON THIS SET OF PLANS MUST BE REVIEWED BY THE FLOOR SYSTEM DESIGNER OR BY A STRUCTURAL ENGINEER AND CONFIRMED TO BE STRUCTURALLY SOUND. BASED ON THAT REVIEW IF THERE ARE ANY CHANGES OR ADDED BEAM SIZES, LOCATION , ETC. THESE CHANGES MUST BE BROUGHT TO THE GENERAL CONTRACTORS ATTENTION:DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20244:30:56 PM06 Lower LevelCJH-Autumn Hills - Blk 01Lots 01-02-CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.2024SMMBlk 01 Lots 01-02Lakevile, MN 55044DIMENSIONS ARE FROM FACE OF CONCRETE & FACE OF SHEATHING TO CENTER OF STUD. FLOOR TRUSSES ARE CALLED OUT AT 19.2" O.C. FLOOR SYSTEM DESIGNER VERIFY SPACING AND ADJUST AS ALLOWED BY SPANS CEILING HEIGHT @ 8'-2" UNLESS NOTED T.O. WINDOW FRAMES SET @ 84" FROM FLOOR UNLESS NOTED LOWER LEVEL NOTES:REVISION SCHEDULENumber Date Issued by Page 267 of 276 RIVER BIRCH - LOT 02 TEAK - LOT 01 12' - 3"6' - 3"21' - 6"22' - 0"18' - 0"1' - 0"12' - 0"45' - 6"6' - 0"4' - 6"11' - 0"29' - 0"16' - 0"12' - 0"12' - 0"1' - 0"50' - 6"18' - 6"70' - 0"80' - 0"13' - 0"69' - 0" 1/4" = 1'-0" 1Main Level - Layout DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20244:30:57 PM07 Main LevelCJH-Autumn Hills - Blk 01Lots 01-02-CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.2024SMMBlk 01 Lots 01-02Lakevile, MN 55044WINDOW NOTE: GENERIC WINDOWS ARE CALLED OUT BY WINDOW FRAME SIZE IN INCHES. EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION. WINDOW MANUFACTURER TO SPECIFY CLOSEST MATCHING SIZES & VERIFY EGRESS COMPLIANCE AND PROVIDE WINDOW SCHEDULE WITH ROUGH OPENINGS. WINDOW & DOOR HEADERS TO BE 2)2x10 UNLESS NOTED (PER MFG. SPECS.) STRUCTURAL NOTE: BEAM SIZES & ALL STRUCTURAL CONSIDERATIONS SPECIFIED ON THIS SET OF PLANS MUST BE REVIEWED BY THE FLOOR SYSTEM DESIGNER OR BY A STRUCTURAL ENGINEER AND CONFIRMED TO BE STRUCTURALLY SOUND. BASED ON THAT REVIEW IF THERE ARE ANY CHANGES OR ADDED BEAM SIZES, LOCATION , ETC. THESE CHANGES MUST BE BROUGHT TO THE GENERAL CONTRACTORS ATTENTION: DIMENSIONS ARE FROM FACE OF SHEATHING TO CENTER OF STUD FLOOR JOISTS ARE CALLED OUT AT 16" O.C. FLOOR TRUSSES ARE CALLED OUT AT 19.2" O.C. FLOOR SYSTEM DESIGNER VERIFY SPACING AND ADJUST AS ALLOWED BY SPANS CEILING HEIGHT @ 9'-1-1/8" UNLESS NOTED T.O. WINDOW FRAMES SET @ 96" FROM FLOOR UNLESS NOTED MAIN LEVEL NOTES:REVISION SCHEDULENumber Date Issued by Page 268 of 276 11' - 0"29' - 0"40' - 0"50' - 6"18' - 6"12' - 3"6' - 3"21' - 6"22' - 0"18' - 0"13' - 0"47' - 0"4' - 6"4' - 6"69' - 0"80' - 0" 1/4" = 1'-0" 1Upper Level - Layout DRAWN BYDESCRIPTIONPROJECT #PROJECTISSUERE-ISSUEBUILDER18476 KENRICK AVE SUITE 202LAKEVILLE, MN 55044TEL: 952.428.8200EM: Dave@DavidCharlezDesigns.comD A V I D C H A R L E Z D E S I G N SD A V I D C H A R L E Z D E S I G N Sa Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2024. Do not replicate with out permission (952)428-8200. David Charlez Design retains rights to all plans and detail shown.3/13/20244:30:58 PM08 Upper LevelCJH-Autumn Hills - Blk 01Lots 01-02-CDAutumn HillsCountry Joe Homes22260 Dodd BlvdLakeville, MN 5504403.13.2024SMMBlk 01 Lots 01-02Lakevile, MN 55044DIMENSIONS ARE FROM FACE OF SHEATHING TO CENTER OF STUD ROOF TRUSSES ARE CALLED OUT AT 24" O.C. FLOOR/ROOF SYSTEM DESIGNER VERIFY SPACING AND ADJUST AS ALLOWED BY SPANS CEILING HEIGHT @ 8'-1 1/8" UNLESS NOTED T.O. WINDOW FRAMES SET @ 84" FROM FLOOR UNLESS NOTED upper LEVEL NOTES:WINDOW NOTE: GENERIC WINDOWS ARE CALLED OUT BY WINDOW FRAME SIZE IN INCHES. EXTERIOR WINDOW COLOR TO BE BLACK PER ELEVATION. WINDOW MANUFACTURER TO SPECIFY CLOSEST MATCHING SIZES & VERIFY EGRESS COMPLIANCE AND PROVIDE WINDOW SCHEDULE WITH ROUGH OPENINGS. WINDOW & DOOR HEADERS TO BE 2)2x10 UNLESS NOTED (PER MFG. SPECS.) STRUCTURAL NOTE: BEAM SIZES & ALL STRUCTURAL CONSIDERATIONS SPECIFIED ON THIS SET OF PLANS MUST BE REVIEWED BY THE FLOOR SYSTEM DESIGNER OR BY A STRUCTURAL ENGINEER AND CONFIRMED TO BE STRUCTURALLY SOUND. BASED ON THAT REVIEW IF THERE ARE ANY CHANGES OR ADDED BEAM SIZES, LOCATION , ETC. THESE CHANGES MUST BE BROUGHT TO THE GENERAL CONTRACTORS ATTENTION:REVISION SCHEDULENumber Date Issued by Page 269 of 276 Dakota County Surveyor’s Office Western Service Center 14955 Galaxie Ave nue Apple Valley, MN 55124 952.891 -7087 Fax 952.891 -7127 www.co.dakota.mn.us February 20, 2024 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: AUTUMN HILL The Dakota County Plat Commission met on February 14, 2024, to consider the preliminary plat of the above referenced plat. The plat is adjacent to County Road 60 (185TH St.) and CSAH 9 (Dodd Blvd.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The site includes a twin home development in the southeast quadrant of County Road 60 (185th Street) and CSAH 9 (Dodd Blvd). There will be one access off 185th Street, shown as “Street B” on the plan, as a restricted access location. The right-of-way needs are 75 feet of half right of way for CSAH 9 and County Road 60 (185th Street). Restricted access should be shown along all of Lot 31 for CSAH 9 and County Road 60. A quit claim deed to Dakota County along for restricted access is required with the recording of the plat mylars. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners on March 12, 2024. Traffic volumes on CR 60 and CSAH 9 are unknown and 15,938 ADT, respectively and are yet to be determined for CR 60 and anticipated to be 16,000 ADT for CSAH 9 by the year 20 40. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. EXHIBIT L Page 270 of 276 Please contact TJ Bentley regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: Steve Sauber Page 271 of 276 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COMMemorandum To: Kris Jenson, Planning Manager From: Kris Keller, Project Engineer Kendra Fallon, Project Engineer Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Mathews, Building Official Tina Goodroad, Community Development Director John Hennen, Parks and Recreation Director McKenzie L. Cafferty, Environmental Resources Manager Date: March 27, 2024 Subject: Autumn Hill •Preliminary Plat Review •Preliminary Grading Plan Review •Preliminary Tree Inventory Review •Preliminary Utility Plan Review WSB Project Number – 024801-000 BACKGROUND Youngfield Homes, Inc submitted a preliminary plat named Autumn Hill. The proposed subdivision is located east of and adjacent to Dodd Boulevard (CSAH 9) and south of and adjacent to 185th Street (CSAH 60). The proposed subdivision consists of two metes and bounds parcels zoned RST-2, Single and Two Family Residential District. The preliminary plat consists of fifty-four (54) twinhome lots, one (1) detached townhome lot, and three (3) HOA common lots, within three (3) blocks, and one (1) outlot on 20.08 acres. The Developer is dedicating 2.08 acres for right-of-way for Dodd Boulevard (CSAH 9) and 2.70 acres for right-of-way for 185th Street (CSAH 60). The outlot created with the final plat shall be deeded to the City and have the following use: Outlot A: Stormwater management purposes; to be deeded to the City (1.72 acres) The proposed development will be completed by: Developer: Youngfield Homes, Inc Engineer/Surveyor: Paramount Engineering & Design SITE CONDITIONS The Autumn Hill site consists of undeveloped land. The south ½ appears actively farmed, while the north ½ includes an existing homestead. All existing structures, accessory buildings, driveways and aprons, fences and septic systems shall be removed, and all wells shall be abandoned with the final plat. The Developer shall provide security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations, including demolition permit from the Building Inspections Division. Page 272 of 276 Autumn Hill – Preliminary Plat March 27, 2024 Autumn Hill - Engineering Review EASEMENTS The parent parcels contain the following existing easements that do not impact the proposed subdivision and shall remain with the final plat: •Highway easement; in favor of Dakota County (Doc. No. 355572). The easement was acquired in 2022 for the 185th Street Improvements project (CP 24-04). The right-of-way dedication will cover the easement. •Highway easement; in favor of Dakota County (per Dakota County Right of Way Map No. 345). The easement was acquired in 2013 for the Dodd Boulevard Improvements project (CP 24- 04). The right-of-way dedication will cover the easement. •Construction Easement; in favor of the City of Lakeville (Doc. No. 3555472). The easement was acquired in 2022 for the 185th Street Improvements project (CP 24-04) and will expire on June 30, 2024. Prior to final plat consideration: •A 10’ wide drainage and utility easement along the north boundary of Outlot A shall be shown on the final plat. •Pipeline Easement; in favor of Francis and Shirley Marek (Doc. No. 912186) is recommended to be vacated by the Developer. The easement was to service the existing homestead and is no longer applicable. •The blanket drainage and utility easements across the common lots shall be reviewed for applicability. STREET AND SUBDIVISION LAYOUT Dodd Boulevard (CSAH 9) Autumn Hill is located east of and adjacent to Dodd Boulevard (CSAH 9), a Dakota County highway classified as a minor arterial. The 2022 Dakota County Plat Needs Map (rev. 10-27-22) identifies a half right-of-way need of 75 feet. The Developer is dedicating 2.08 acres for right-of-way for Dodd Boulevard over the area currently encumbered by a highway easement. The Dakota County Plat Commission recommended approval of the preliminary plat on February 20, 2024. The Developer is responsible for any requirements stipulated by Dakota County. 185th Street (CSAH 60) Autumn Hill is located south of and adjacent to 185th Street, a Dakota County highway classified as a minor arterial. The 2022 Dakota County Plat Needs Map (rev. 10-27-22) identifies a half right-of-way need of 75 feet. The Developer is dedicating 2.08 acres for right-of-way for 185th Street over the area currently encumbered by a highway easement. The Dakota County Plat Commission recommended approval of the preliminary plat on February 20, 2024. The Developer is responsible for any requirements stipulated by Dakota County. 185th Street is a two-lane divided urban highway that was constructed by the City in 2023 (City Project 24-04) in partnership with Dakota County. The Developer shall reimburse the City for its share of the 185th Street roadway improvements associated with Autumn Hill with the final plat. Local Streets Development of Autumn Hill includes the construction of Street A and Street B, and the extension of Iden Avenue, which are classified as local streets. The streets are designed as 32-foot-wide urban street with a sidewalk along one side, within a 60-foot-wide right-of-way. The Developer is dedicating the necessary right-of-way as shown on the preliminary plat. Page 273 of 276 Autumn Hill – Preliminary Plat March 27, 2024 Autumn Hill - Engineering Review CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to the 185th Street and Street B intersection. Construction access via Iden Avenue (from the Feldman Heights development to the south) is prohibited. PARKS, TRAILS, AND SIDEWALKS Development of Autumn Hill includes the construction of public sidewalks. Five-foot-wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets. The Park Dedication requirement has not been collected on the parent parcels and shall be satisfied through a cash contribution with the final plat. The fee is based on the rate in effect at the time of final plat approval. UTILITIES SANITARY SEWER Autumn Hill is located within subdistrict NC-20180 of the North Creek sanitary sewer district. The City’s engineering consultant, SEH, previously completed a sanitary sewer analysis that determined the existing downstream facilities within the Lake Marion sanitary sewer district had sufficient capacity to serve the Autumn Hills subdivision. Wastewater will be conveyed through City sanitary sewer located in ML-70190 of the Lake Marion sanitary sewer district to the MCES interceptor sewer (7103) monitored by meter M646. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. Development of Autumn Hill includes the construction of public sanitary sewer. 8-inch sanitary sewer will extend within the subdivision connecting from an existing stub located within Iden Avenue, north of 187th Street. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid with the final plat. The fee is based on the rate in effect at the time of final plat approval. WATERMAIN Development of Autumn Hill includes the construction of public watermain. 8-inch watermain will extend within the subdivision from an existing stub located within Iden Avenue, north of 187th Street. Watermain was installed along 185th Street by the City in 2023 (City Project 24-04). The Developer shall reimburse the City for its share of the watermain improvements associated with Autumn Hill with the final plat. The Lateral Watermain Charge has not been collected on the parent parcels and shall be paid with the final plat. The fee is based on the rate in effect at the time of final plat approval. DRAINAGE AND GRADING Development of Autumn Hill includes the construction of a public stormwater management basin. The basin will be located in Outlot A and provide treatment and rate control of stormwater runoff generated from the site. The basin outlets to the north to the wetland north of 185th Street (CSAH 60). The stormwater management design is consistent with the City’s stormwater management ordinance. Page 274 of 276 Autumn Hill – Preliminary Plat March 27, 2024 Autumn Hill - Engineering Review The final grading plan shall identify all fill lots in which building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan are submitted and approved by City staff. Autumn Hill contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Development of Autumn Hill includes the construction of public storm sewer systems. Storm sewer will be constructed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basin located within Outlot A. Draintile construction is required in areas of non-granular soils within Autumn Hill for the street subgrade and lots. Any additional draintile construction, including perimeter draintile required for building footings, deemed necessary during construction by the City shall be the developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and shall be paid with the final plat. The fee is based on the rate in effect at the time of final plat approval. RESIDENTIAL BUFFER YARD REQUIREMENTS 185th Street and Dodd Boulevard are classified as minor arterials; therefore, buffer yard and screening requirements apply to Lots 1-24, Block 1. A buffer yard containing earth berm and/or plantings of sufficient density to provide a visual screen and reasonable buffer a minimum of ten feet in height is required. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. FEMA FLOODPLAIN ANALYSIS Autumn Hill is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WETLANDS A wetland delineation was completed for the site. There are no wetland impacts proposed with the Autumn Hill preliminary plat. TREE PRESERVATION A tree preservation/inventory plan was submitted by the Developer. There are approximately 155 significant trees located within the preliminary plat boundaries. The majority of the trees will be removed for the grading of site. Page 275 of 276 Autumn Hill – Preliminary Plat March 27, 2024 Autumn Hill - Engineering Review EROSION CONTROL The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and shall be paid with the final plat. If the Developer chooses to begin grading operations following City Council approval of the preliminary plat, the MS4 Administration Fee must be paid with the grading permit. RECOMMENDATION Engineering recommends approval of the preliminary plat, grading and erosion control plan, tree preservation, and utility plan for the preliminary plat of Autumn Hill, subject to the requirements and stipulations within this report. If you or the applicant have any questions regarding these comments, please contact Kris Keller at (612) 419-3083 or kkeller@wsbeng.com. Page 276 of 276