HomeMy WebLinkAboutCity Council - 04/04/2023
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, APRIL 04, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and
Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Kelsey
Engelen
Workshop - Heritage Rooms I and II (5:30)
A. ECONOMIC DEVELOPMENT UPDATE
Open Podium - Council Chamber (6:30)
I. OPEN PODIUM
III. ADJOURNMENT
Economic Development Update
City Council Workshop
April 4, 2023
Topics To Cover
Economic Development Update
•Innovation Sandbox
•ED Fund Infrastructure Projects
•Development Activities
•Leasing Updates
•High Profile Vacancies
•Chamber of Commerce Collaborations
•SWLRT Construction Update
Economic Development Update
Innovation Sandbox Initiative
•Collaboration –City, EP Schools, Chamber of Commerce and 1M Cups
•New dedicated space at EP High School that provides:
Educational programing around entrepreneurship
Opportunity for collaboration between students and entrepreneurs
After hours availability to entrepreneurs and for meetings and events
Guest instructors
Potential office space for start-ups
A “point of sale” for student based products
Economic Development Update
Economic Development Update
Economic Development Update
Economic Development Update
ED Fund Assisted Infrastructure Projects
Singletree Lane –Prairie Center Drive Improvement
Reconfiguring Right Turn (improve safety) & Redesigning Corner Plaza Area (Plaza approx. $50k)
Singletree Streetscape Improvements -2019
Economic Development Update
ED Fund Assisted Infrastructure Projects
Town Center Place Plaza -Flying Red Horse
Applied for $160K HC Grant to cover half of total Plaza cost
Economic Development Update
ED Fund Assisted Infrastructure Projects
Golden Triangle Station Trail Connection
(Applying for $500K HC TOD Grant to help fund project)
•New Trail from GTA Station south to Valley View Road –approximately ½ mile
•Provides pedestrian, bike, and micro mobility access to approximately 9,000 jobs and 300 housing units.
•Connects with existing City trail network
•Trail identified in Aspire 2040 Comprehensive Plan
•Also identified in HC’s Transitional Station Area Action Plan as a priority connection and opening day improvement
Economic Development Update
ED Fund Assisted Infrastructure Projects
Golden Triangle Station Trail Connection
9,000 Jobs
300 Residential Units
Economic Development Update
West 70 th Street (East) Extension
•Provides Access to GTA Station
•Obtained $470K HC Grant in 2015 to help fund East & West Segments
•West Segment completed 2016
•East Segment construction expected 2024
•ED Fund providing $560K for East Segment
ED Fund Assisted Infrastructure Projects
Economic Development Update
Former Vikings/Winter Park Property
•Been discussing development options w/owner over last four years
•Concept plan shared last December showed Apartments and Commercial Redevelopment
•Staff encouraging density similar to Elevate and Paravel
Development Activities
Apartments
Commercial/Apartments
Economic Development Update
Crosstown Core Industrial Building
•Redevelopment of former Kabuki Restaurant and adjacent parking lot
•65K square foot multi-tenant spec Building
•Under construction -completion 2023
•32 foot ceiling height
Development Activities
Economic Development Update
Bush Lake Vet Clinic (under review)
•5,367 square foot building
•Located at Hennepin Town Rd. and Pioneer Trail
•About 4,000 SF for vet clinic and remaining space for commercial use
Development Activities
Economic Development Update
Baker Road Senior Living (under review)
•126 senior assisted living units (SW corner of Baker and 62)
•Phase I -repurposing existing 9,000 sf office building
•Phase II –32,000 sf addition
Development Activities
Lifetime Fitness
Economic Development Update
Asia Mall
•Major renovation of former Gander Outdoors
•Opened November 2022
•Mall has been extremely successful (working thru parking challenges)
Development Activities
Economic Development Update
Mister Carwash (former Burger King -Crystal View)
•Under Review
Development Activities
Economic Development Update
Crew Car Wash (former Burger King Terry Pine)
•Under Review
Development Activities
Economic Development Update
Grocery Box (vanilla shell)
•Part of Flying Cloud Commons redevelopment by Oppidan Development
•40,000 square foot grocery box
•Oppidan apparently has lease for Amazon Fresh but Amazon pausing all new store rollouts and reevaluating concept
•No word from Oppidan about alternative uses if Amazon backs out
Development Activities
Economic Development Update
Former Jakes Renovation (under construction)
Development Activities
Economic Development Update
Fat Pants Patio Expansion (under review)
Development Activities
Existing PatioProposed Patio Expansion
Economic Development Update
Leasing Activities –City Properties
•Smith Coffee lease term thru 2027
•Rain gardens will be restored Spring 2023
•New lighting and seating Spring 2023
•New landscape along north property line Spring 2023
•8098 Glen Lane
•EP Montessori lease term thru Sept. 2027
•4,750 SF
•One of two schools operated in EP
•Thriving business and successful location
Economic Development Update
Leasing Activities –City Properties
•Den Road Liquor Building
•Lotus Nails lease term thru Sept 2024
•1,402 SF
•Den Road Liquor Building
•Chuck and Dons lease term thru 2029
•3,379 SF
•Parent company filed bankruptcy early 2023
•EP store expected to stay open
Economic Development Update
Leasing Activities –City Properties
City Center Space formerly occupied by UNFI & EP Schools (120K SF) -being considered for new police headquarters and parking
Current police space would become leasable
Economic Development Update
High Profile Vacancies
13625 Tech Dr. “Prairie Commons” –450,000 SF
Current Tenant –Optum (lease expires Dec 2023)
Listing w/Cushman Wakefield
12125 Tech Dr -155,000 SF
Former Tenant Optum (Optum subleasing)
Listing w/JLL
“Eden Bluff Corporate Center” -150,000 SF
Current Tenant CH Robinson –150,000 SF (lease end in 2024)
Listing w/CBRE
Economic Development Update
High Profile Vacancies
UNFI Campus for Sale
One Building -175,000 SF
105 Acres
Listing w/JLL
American Family Insurance Campus for Sale
Two Buildings -208,000 SF
14 Acres
Listing w/CBRE
Economic Development Update
EP Chamber Collaboration
•Economic Development Bus Tour Tour
•Annual Career Expo at EP High School
•Session Priorities Event & Dinner
•Annual Meeting –President’s Award
•Congressman Dean Philipps Luncheon Update
•Annual Golf Fund Raiser
Economic Development Update
SWLRT Construction Update
New Passenger Waiting Area –Open for SW Transit April/Map 2023
Economic Development Update
Green Line LRT Extension -Construction Update
212 -PCD ramp closure April 10 for 12 weeks
EP Center Detour RouteDetour Route
Economic Development Update
Realtor’s Forum
•Collaboration between City, Schools, and Metro Area Realtors (MAR)
•Next forum May 12, 2023 8:30am –Noon Community Center
•Keep local realtors informed of community developments
•Provides continuing education credit for local Realtors
•Past Forums: 2011, 2013, 2016, and 2019.
•Includes a bus tour of recent developments
The End
Questions?
AGENDA
CITY OF EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, APRIL 4, 2023 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case,
Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, City Attorney Maggie Neuville, Community
Development Director Julie Klima, and Finance Manager Tammy Wilson
I. CALL THE HRA MEETING TO ORDER
II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 6, 2022
III. ADOPT MODIFICATION TO TIF PLAN AND APPROVE AMENDED AND
RESTATED TIF AGREEMENT FOR GTS HOUSING (BLUE STEM NORTH)
(HRA Resolution)
IV. ADJOURNMENT
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, DECEMBER 6, 2023 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council
Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and
Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Finance
Manager Tammy Wilson, and City Attorney Maggie Neuville
I. ROLL CALL / CALL THE HRA MEETING TO ORDER
Chair Case called the meeting to order at 7:02 PM. Council Member Kathy Nelson was
absent.
II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 6, 2022
MOTION: Toomey moved, seconded by Narayanan, to approve the HRA minutes from
September 6, 2022. Motion carried 4-0.
III. ADOPT RESOLUTION HRA NO. 2022-07 APPROVING THE 2023 PROPERTY
TAX LEVY AND ACCEPTING THE PROPOSED 2023 BUDGET
Getschow explained on September 6, 2022 the HRA approved the proposed 2023 HRA
property tax levy and budget. Also on September 6, 2022, the Eden Prairie City Council
adopted resolutions consenting and approving the proposed 2023 HRA property tax levy
and budget. The money is dedicated to Staff time to work on housing issues.
Chair Case pointed out other cities use money in the HRA for housing programs, but Eden
Prairie funds housing initiatives through other funds. Additionally, the HRA budget hasn’t
increased in 20 years.
MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution HRA No. 2022-
07 certifying the 2023 HRA Property Tax levy to be $205,000 and approving the 2023
HRA Budget of $205,000 as reviewed by the Council. Motion carried 4-0.
IV. ADOPT RESOLUTION HRA 2022-08 FOR THE MODIFICATION OF TAX IN-
CREMENT FINANCING DISTRICT NO. 14 WITHIN PROJECT AREA NO. 5
Getschow noted Tax Increment Financing District No. 14 is a housing tax increment fi-
nancing district established in 1997. The district helped facilitate development of the 32-
unit Edenvale Townhomes, (now known as Purgatory Creek Townhomes.
HRA MINUTES
December 6, 2022
Page 2
Getschow explained current projections show that the district will exceed its allowable
budget before it expires on December 31, 2025. When that happens, increments collected
in the district over the budgeted amount must be returned to the county for redistribution to
local taxing jurisdictions. The City is allowed, however, to modify the existing budget be-
fore it is exceeded and can then retain increment in the district to be used for affordable
housing purposes within the City.
Getschow stated the proposed action would officially modify the TIF plan to reflect actual
increment collected to date and expected to be collected through the term of the district and
align the budget with actual expenditures. The budget will be increased, thereby allowing
the City to retain all increment received through the remaining life of the district.
Getschow pointed out, if approved, current projections show there will be approximately
$500,000 available in the district by the time it decertifies in 2025. These funds can be
directed toward the development or preservation of affordable housing in in the City.
MOTION: Freiberg moved, seconded by Toomey, to adopt Resolution HRA No. 2022-08
modifying the Tax Increment Financing Plan for Tax Increment Financing District no. 14
within Redevelopment Project No. 5. Motion carried 4-0.
V. ADJOURNMENT
MOTION: Toomey moved, seconded by Narayanan to adjourn the HRA meeting. Motion
carried 4-0. Chair Case adjourned the meeting at 7:07 PM.
Respectfully submitted,
________________________
Nicole Tingley, City Clerk
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA DATE
April 4, 2023
DEPARTMENT / DIVISION
Jonathan Stanley, Housing &
Community Services
Julie Klima, Director,
Community Development
ITEM DESCRIPTION
Modification of the Tax Increment
Financing Plan for TIF District No. 26 –
GTS Housing and Approval of Amended
and Restated Tax Increment Financing Plan
HRA ITEM NO.:
HRA III.
Requested Action
Move to:
• Adopt Resolution Adopting a Modification to the Tax Increment Financing Plan for Tax
Increment Financing District No. 26 - GTS Housing; and
• Approve and authorize execution of Amended and Restated Tax Increment Development
Agreement for GTS Housing.
Synopsis
The Tax Increment Financing Plan for TIF District No. 26 is being modified to change the date of
receipt of first increment to 2025. In 2022, the HRA approved the Developer’s TIF request, with receipt
of first increment to occur in 2024. The delay to 2025 will allow the developer adequate time to secure
all funding commitments necessary to begin construction. The Modification conforms in all respects to
the requirements of the TIF statutes, and will help fulfill a need to provide housing opportunities, to
improve the tax base and to improve the general economy of the State and thereby serves a public
purpose.
A Tax Increment Financing Development Agreement for the project was also initially approved in 2022,
but has not yet been fully signed or recorded. An Amended and Restated TIF Agreement has been
prepared that reflects the delay of receipt of first increment to 2025, and also revises the initial
agreement to increase the amount of TIF assistance to $17.4 million over the term of the TIF district,
from the original amount of $12.9 million. This increase is within the original TIF budget and does not
require modification of the TIF plan. Developer has requested this additional funding from the City a
result of increased construction costs due to changing market conditions.
Attachments
• Attach 1- Resolution Adopting Modification of the Tax Increment Financing Plan for Tax
Increment Financing District No. 26 – GTS Housing
• Attach 2- Modification of the Tax Increment Financing Plan for Tax Increment Financing
District No. 26 – GTS Housing, prepared by Ehlers
• Attach 3- Amended and Restated Tax Increment Financing Development Agreement
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN
PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. ______
RESOLUTION ADOPTING A MODIFICATION TO THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 26 – GTS HOUSING
BE IT RESOLVED by the Board of Commissioners (the “Board”) of the Housing and
Redevelopment Authority in and for the City of Eden Prairie (the “HRA”) as follows:
Section 1. Recitals.
1.01. The HRA and the City of Eden Prairie (the “City”) established Tax Increment
Financing District No. 26: GTS Housing (“TIF District No. 26”) and adopted the Tax Increment
Financing Plan therefor on May 3, 2022.
1.02. The HRA proposes to modify the Tax Increment Financing Plan (the
“Modification”) for TIF District No. 26, located within Redevelopment Project Area No. 5, all
pursuant to and in accordance with applicable law, including Minnesota Statutes, Sections 469.001
to 469.047 and Sections 469.174 to 469.1794, all inclusive, as amended. Generally, the substantive
modification to the Tax Increment Financing Plan for TIF District No. 26 is a delay in receipt of
first increment to 2025.
1.03. The HRA has investigated the facts and has caused the Modification to be prepared.
1.04. The HRA has performed all actions required by law to be performed prior to the
adoption of the Modification.
Section 2. Findings for the Modification.
2.01. The HRA hereby finds that the Modification is intended and, in the judgment of
this HRA, the effect of such actions will be, to provide an impetus for development in the public
purpose and accomplish certain objectives as specified in the Modification, which are hereby
incorporated herein.
2.02 The HRA reaffirms the findings previously made with respect to TIF District No.
26.
2.03. The Modification is not one of the modifications listed in Minn. Stat. § 469.175,
subdivision 4(b) and therefore does not require the notice, discussion, public hearing, and findings
required for approval of the original plan.
2.04. The Modification conforms in all respects to the requirements of the Acts and will
help fulfill a need to develop an area of the City which is already built up, to provide housing
opportunities, to improve the tax base and to improve the general economy of the State and thereby
serves a public purpose. The HRA believes these benefits directly derive from the tax increment
assistance provided under the TIF Plan. A private developer will receive only the assistance
needed to make this development financially feasible. As such, any private benefits received by a
developer are incidental and do not outweigh the primary public benefits.
Section 3. Approval of the Modification; Filing.
3.01. The Modification to the TIF Plan for TIF District No. 26 is hereby approved and
shall be placed on file in the office of the Executive Director. Approval of the Modification does
not constitute approval of any project or a Development Agreement with any developer.
3.02. The staff of the HRA are authorized to file the Modification with the State
Department of Revenue and the Hennepin County Auditor.
3.03. The staff of the HRA, the HRA’s advisors and legal counsel are authorized and
directed to proceed with the implementation of the Modification and for this purpose to negotiate,
draft, prepare and present to this Board for its consideration all further plans, resolutions,
documents, and contracts necessary for this purpose.
ADOPTED by the HRA in and for the City of Eden Prairie this 4th day of April, 2023.
__________________________________
Ronald A. Case, Chair
_____________________________________
Rick Getschow, Secretary
1
1
1
1
2
$
$
$
$
58,327,826$
5,832,786
64,160,612$
10,000,000$
6,000,000
14,000,000
2,500,000
1,264,628
5,832,786
39,597,414$
24,563,198
64,160,612$
2,148,580,667 3,996,674 0.1860%
122,834,071 3,996,674 3.2537%
116,775,695 3,996,674 3.4225%
38.3660%38.09% 3,996,674 $1,533,364
32.4810%32.25% 3,996,674 1,298,160
21.0760%20.93% 3,996,674 842,339
8.7980%8.74% 3,996,674 351,627
100.7210%100.00% $4,025,490
TIF District No. 26
See Inset
Legend
Redevelopment Project Area No. 5 Boundary (coterminous with
the corporate boundary of the City of Eden Prairie)
TIF District No 26 Boundary
City of Eden PrairieRedevelopment Project Area No. 5 and TIF District No. 26 Boundaries
4/28/2022
TIF District No. 26 (GTS Housing) 5% Inflation
City of Eden Prairie, MN
425 Apartments
ASSUMPTIONS AND RATES
DistrictType:Housing
District Name/Number:
County District #:Exempt Class Rate (Exempt)0.00%
First Year Construction or Inflation on Value 2022 Commercial Industrial Preferred Class Rate (C/I Pref.)
Existing District - Specify No. Years Remaining First $150,000 1.50%
Inflation Rate - Every Year:5.00%Over $150,000 2.00%
Interest Rate:4.00%Commercial Industrial Class Rate (C/I)2.00%
Present Value Date:1-Aug-23 Rental Housing Class Rate (Rental)1.25%
First Period Ending 1-Feb-24 Affordable Rental Housing Class Rate (Aff. Rental)
Tax Year District was Certified:Pay 2021 First $100,000 0.75%
Cashflow Assumes First Tax Increment For Development:2024 Over $100,000 0.25%
Years of Tax Increment 26 Non-Homestead Residential (Non-H Res. 1 Unit)
Assumes Last Year of Tax Increment 2049 First $500,000 1.00%
Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,000 1.25%
Incremental or Total Fiscal Disparities Incremental Homestead Residential Class Rate (Hmstd. Res.)
Fiscal Disparities Contribution Ratio 40.3285%Prelim. Pay 2022 First $500,000 1.00%
Fiscal Disparities Metro-Wide Tax Rate 132.5960%Prelim. Pay 2022 Over $500,000 1.25%
Maximum/Frozen Local Tax Rate: 100.721%Prelim. Pay 2022 Agricultural Non-Homestead 1.00%
Current Local Tax Rate: (Use lesser of Current or Max.)100.721%Prelim. Pay 2022
State-wide Tax Rate (Comm./Ind. only used for total taxes)37.0000%Prelim. Pay 2022
Market Value Tax Rate (Used for total taxes)0.21261%Prelim. Pay 2022
Building Total Percentage Tax Year Property Current Class After
Land Market Market Of Value Used Original Original Tax Original After Conversion
Map ID PID Owner Address Market Value Value Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap.
1 01-116-22-34-0028Golden Triangle Station, LLC6901 Flying Cloud Drive 5,231,000 10,000 5,241,000 80%4,192,800 Pay 2021 C/I Pref.83,106 Rental 52,410 1
2 01-116-22-34-0028Golden Triangle Station, LLC6901 Flying Cloud Drive 5,231,000 10,000 5,241,000 20%1,048,200 Pay 2021 C/I Pref.20,214 Aff. Rental 7,862 1
10,462,000 20,000 10,482,000 5,241,000 103,320 60,272
Note:
1. Base values are for pay 2022 based upon review of County website on 8-4-2021.
2. Located in SD #272 and WS #1
Area/
Phase
Tax Rates
BASE VALUE INFORMATION (Original Tax Capacity)
Prepared by Ehlers
4/28/2022
TIF District No. 26 (GTS Housing) 5% Inflation
City of Eden Prairie, MN
425 Apartments
Estimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First Year
Market Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full Taxes
Area/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./Units Value Class Tax Capacity Capacity/Unit 2022 2023 2024 2025 Payable
1 Apartments 280,000 280,000 187 52,360,000 Rental 654,500 3,500 15%100%100%100%2025
1 Apartments 280,000 280,000 50 14,000,000 Aff. Rental 60,000 1,200 15%100%100%100%2025
2 Apartments 280,000 280,000 150 42,000,000 Rental 525,000 3,500 0%15%100%100%2026
2 Apartments 280,000 280,000 38 10,640,000 Aff. Rental 45,600 1,200 0%15%100%100%2026
TOTAL 119,000,000 1,285,100
Subtotal Residential 425 119,000,000 1,285,100
Subtotal Commercial/Ind.0 0 0
Note:
1. Market values are based upon estimates from the City Assessor.
Total Fiscal Local Local Fiscal State-wide Market
Tax Disparities Tax Property Disparities Property Value Total Taxes Per
New Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq. Ft./Unit
Apartments 654,500 0 654,500 659,219 0 0 111,323 770,542 4,120.54
Apartments 60,000 0 60,000 60,433 0 0 12,757 73,189 1,463.78
Apartments 525,000 0 525,000 528,785 0 0 89,296 618,081 4,120.54
Apartments 45,600 0 45,600 45,929 0 0 9,695 55,624 1,463.78
TOTAL 1,285,100 0 1,285,100 1,294,366 0 0 223,070 1,517,436
Note:
1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors
which cannot be predicted.
Total Property Taxes 1,517,436
less State-wide Taxes 0
less Fiscal Disp. Adj.0
less Market Value Taxes (223,070)
less Base Value Taxes (60,706)
Annual Gross TIF 1,233,660
WHAT IS EXCLUDED FROM TIF?
TAX CALCULATIONS
PROJECT INFORMATION (Project Tax Capacity)
Prepared by Ehlers
4/28/2022 Tax Increment Cashflow - Page 3
TIF District No. 26 (GTS Housing) 5% Inflation
City of Eden Prairie, MN
425 Apartments
TAX INCREMENT CASH FLOW
Project Original Fiscal Captured Local Annual Semi-Annual State Admin.Semi-Annual Semi-Annual PERIOD
% of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment
OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36%10%Increment Value Yrs.Year Date
- - - - 02/01/24
100%107,175 (60,272) - 46,904 100.721%47,242 23,621 (85) (2,354) 21,182 20,360 0.5 2024 08/01/24
100%107,175 (60,272) - 46,904 100.721%47,242 23,621 (85) (2,354) 21,182 40,320 1 2024 02/01/25
100%800,090 (60,272) - 739,819 100.721%745,153 372,576 (1,341) (37,124) 334,112 348,988 1.5 2025 08/01/25
100%800,090 (60,272) - 739,819 100.721%745,153 372,576 (1,341) (37,124) 334,112 651,603 2 2025 02/01/26
100%1,320,825 (60,272) - 1,260,554 100.721%1,269,642 634,821 (2,285) (63,254) 569,282 1,157,109 2.5 2026 08/01/26
100%1,320,825 (60,272) - 1,260,554 100.721%1,269,642 634,821 (2,285) (63,254) 569,282 1,652,703 3 2026 02/01/27
100%1,386,866 (60,272) - 1,326,595 100.721%1,336,159 668,080 (2,405) (66,567) 599,107 2,164,035 3.5 2027 08/01/27
100%1,386,866 (60,272) - 1,326,595 100.721%1,336,159 668,080 (2,405) (66,567) 599,107 2,665,342 4 2027 02/01/28
100%1,456,210 (60,272) - 1,395,938 100.721%1,406,003 703,001 (2,531) (70,047) 630,424 3,182,508 4.5 2028 08/01/28
100%1,456,210 (60,272) - 1,395,938 100.721%1,406,003 703,001 (2,531) (70,047) 630,424 3,689,535 5 2028 02/01/29
100%1,529,020 (60,272) - 1,468,749 100.721%1,479,338 739,669 (2,663) (73,701) 663,306 4,212,547 5.5 2029 08/01/29
100%1,529,020 (60,272) - 1,468,749 100.721%1,479,338 739,669 (2,663) (73,701) 663,306 4,725,304 6 2029 02/01/30
100%1,605,471 (60,272) - 1,545,200 100.721%1,556,340 778,170 (2,801) (77,537) 697,832 5,254,173 6.5 2030 08/01/30
100%1,605,471 (60,272) - 1,545,200 100.721%1,556,340 778,170 (2,801) (77,537) 697,832 5,772,672 7 2030 02/01/31
100%1,685,745 (60,272) - 1,625,473 100.721%1,637,193 818,596 (2,947) (81,565) 734,084 6,307,413 7.5 2031 08/01/31
100%1,685,745 (60,272) - 1,625,473 100.721%1,637,193 818,596 (2,947) (81,565) 734,084 6,831,669 8 2031 02/01/32
100%1,770,032 (60,272) - 1,709,760 100.721%1,722,088 861,044 (3,100) (85,794) 772,150 7,372,297 8.5 2032 08/01/32
100%1,770,032 (60,272) - 1,709,760 100.721%1,722,088 861,044 (3,100) (85,794) 772,150 7,902,324 9 2032 02/01/33
100%1,858,533 (60,272) - 1,798,262 100.721%1,811,227 905,614 (3,260) (90,235) 812,118 8,448,856 9.5 2033 08/01/33
100%1,858,533 (60,272) - 1,798,262 100.721%1,811,227 905,614 (3,260) (90,235) 812,118 8,984,672 10 2033 02/01/34
100%1,951,460 (60,272) - 1,891,189 100.721%1,904,824 952,412 (3,429) (94,898) 854,085 9,537,128 10.5 2034 08/01/34
100%1,951,460 (60,272) - 1,891,189 100.721%1,904,824 952,412 (3,429) (94,898) 854,085 10,078,751 11 2034 02/01/35
100%2,049,033 (60,272) - 1,988,762 100.721%2,003,101 1,001,550 (3,606) (99,794) 898,150 10,637,150 11.5 2035 08/01/35
100%2,049,033 (60,272) - 1,988,762 100.721%2,003,101 1,001,550 (3,606) (99,794) 898,150 11,184,600 12 2035 02/01/36
100%2,151,485 (60,272) - 2,091,213 100.721%2,106,291 1,053,145 (3,791) (104,935) 944,419 11,748,965 12.5 2036 08/01/36
100%2,151,485 (60,272) - 2,091,213 100.721%2,106,291 1,053,145 (3,791) (104,935) 944,419 12,302,264 13 2036 02/01/37
100%2,259,059 (60,272) - 2,198,787 100.721%2,214,641 1,107,320 (3,986) (110,333) 993,001 12,872,619 13.5 2037 08/01/37
100%2,259,059 (60,272) - 2,198,787 100.721%2,214,641 1,107,320 (3,986) (110,333) 993,001 13,431,790 14 2037 02/01/38
100%2,372,012 (60,272) - 2,311,740 100.721%2,328,408 1,164,204 (4,191) (116,001) 1,044,012 14,008,158 14.5 2038 08/01/38
100%2,372,012 (60,272) - 2,311,740 100.721%2,328,408 1,164,204 (4,191) (116,001) 1,044,012 14,573,225 15 2038 02/01/39
100%2,490,613 (60,272) - 2,430,341 100.721%2,447,864 1,223,932 (4,406) (121,953) 1,097,573 15,155,634 15.5 2039 08/01/39
100%2,490,613 (60,272) - 2,430,341 100.721%2,447,864 1,223,932 (4,406) (121,953) 1,097,573 15,726,623 16 2039 02/01/40
100%2,615,143 (60,272) - 2,554,872 100.721%2,573,292 1,286,646 (4,632) (128,201) 1,153,813 16,315,100 16.5 2040 08/01/40
100%2,615,143 (60,272) - 2,554,872 100.721%2,573,292 1,286,646 (4,632) (128,201) 1,153,813 16,892,038 17 2040 02/01/41
100%2,745,900 (60,272) - 2,685,629 100.721%2,704,992 1,352,496 (4,869) (134,763) 1,212,864 17,486,613 17.5 2041 08/01/41
100%2,745,900 (60,272) - 2,685,629 100.721%2,704,992 1,352,496 (4,869) (134,763) 1,212,864 18,069,528 18 2041 02/01/42
100%2,883,195 (60,272) - 2,822,924 100.721%2,843,277 1,421,639 (5,118) (141,652) 1,274,869 18,670,230 18.5 2042 08/01/42
100%2,883,195 (60,272) - 2,822,924 100.721%2,843,277 1,421,639 (5,118) (141,652) 1,274,869 19,259,153 19 2042 02/01/43
100%3,027,355 (60,272) - 2,967,084 100.721%2,988,476 1,494,238 (5,379) (148,886) 1,339,973 19,866,014 19.5 2043 08/01/43
100%3,027,355 (60,272) - 2,967,084 100.721%2,988,476 1,494,238 (5,379) (148,886) 1,339,973 20,460,976 20 2043 02/01/44
100%3,178,723 (60,272) - 3,118,451 100.721%3,140,935 1,570,468 (5,654) (156,481) 1,408,333 21,074,029 20.5 2044 08/01/44
100%3,178,723 (60,272) - 3,118,451 100.721%3,140,935 1,570,468 (5,654) (156,481) 1,408,333 21,675,061 21 2044 02/01/45
100%3,337,659 (60,272) - 3,277,387 100.721%3,301,017 1,650,509 (5,942) (164,457) 1,480,110 22,294,341 21.5 2045 08/01/45
100%3,337,659 (60,272) - 3,277,387 100.721%3,301,017 1,650,509 (5,942) (164,457) 1,480,110 22,901,477 22 2045 02/01/46
100%3,504,542 (60,272) - 3,444,270 100.721%3,469,104 1,734,552 (6,244) (172,831) 1,555,477 23,527,018 22.5 2046 08/01/46
100%3,504,542 (60,272) - 3,444,270 100.721%3,469,104 1,734,552 (6,244) (172,831) 1,555,477 24,140,293 23 2046 02/01/47
100%3,679,769 (60,272) - 3,619,498 100.721%3,645,594 1,822,797 (6,562) (181,623) 1,634,611 24,772,132 23.5 2047 08/01/47
100%3,679,769 (60,272) - 3,619,498 100.721%3,645,594 1,822,797 (6,562) (181,623) 1,634,611 25,391,582 24 2047 02/01/48
100%3,863,757 (60,272) - 3,803,486 100.721%3,830,909 1,915,455 (6,896) (190,856) 1,717,703 26,029,756 24.5 2048 08/01/48
100%3,863,757 (60,272) - 3,803,486 100.721%3,830,909 1,915,455 (6,896) (190,856) 1,717,703 26,655,418 25 2048 02/01/49
100%4,056,945 (60,272) - 3,996,674 100.721%4,025,490 2,012,745 (7,246) (200,550) 1,804,949 27,299,967 25.5 2049 08/01/49
100%4,056,945 (60,272) - 3,996,674 100.721%4,025,490 2,012,745 (7,246) (200,550) 1,804,949 27,931,878 26 2049 02/01/50
Total 58,538,601 (210,739) (5,832,786) 52,495,076
Present Value From 08/01/2023 Present Value Rate 4.00%31,147,551 (112,131) (3,103,542) 27,931,878
Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 26 (GTS Housing)\Cash flows\TIF Plan Run 1-14-22
FINAL DRAFT 4/4/23
AMENDED AND RESTATED
TAX INCREMENT DEVELOPMENT AGREEMENT
BY AND BETWEEN
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN
PRAIRIE, MINNESOTA
AND
EP GTS HOUSING PHASE I LLC
This document drafted by:
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
100 Washington Ave. S.
Suite 1550
Minneapolis, MN 55401
i
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS ................................................................................... 2
Section 1.1 Definitions........................................................................................ 2
ARTICLE II REPRESENTATIONS AND WARRANTIES ................................ 5
Section 2.1 Representations and Warranties of the HRA ....................................... 5
Section 2.2 Representations and Warranties of the Developer ............................... 6
ARTICLE III UNDERTAKINGS BY DEVELOPER AND HRA ............................. 7
Section 3.1 Project, Site Improvements and Development Property ...................... 7
Section 3.2 Limitations on Undertaking of the HRA ............................................. 7
Section 3.3 Reimbursement: TIF Note ................................................................... 7
Section 3.4 Compliance with Low and Moderate Income Requirements .............. 9
Section 3.5 Assessment Agreement ...................................................................... 12
Section 3.6 Lookback............................................................................................ 12
ARTICLE IV EVENTS OF DEFAULT ...................................................................... 15
Section 4.1 Events of Default Defined ................................................................. 15
Section 4.2 Remedies on Default .......................................................................... 15
Section 4.3 No Remedy Exclusive........................................................................ 17
Section 4.4 No Implied Waiver ............................................................................ 17
Section 4.5 Agreement to Pay Attorney's Fees and Expenses .............................. 17
Section 4.6 Indemnification of HRA .................................................................... 18
ARTICLE V HRA DEFAULT AND DEVELOPER'S REMEDIES ................. 18
Section 5.1 The Developer's Option to Terminate ................................................ 18
Section 5.2 Action to Terminate ........................................................................... 18
Section 5.3 Effect of Termination ......................................................................... 19
Section 5.4 HRA Covenant to Comply ................................................................. 19
ARTICLE VI ADDITIONAL PROVISIONS ............................................................ 19
Section 6.1 Restrictions on Use ............................................................................ 19
Section 6.2 Conflicts of Interest............................................................................ 19
Section 6.3 Titles of Articles and Sections ........................................................... 19
Section 6.4 Notices and Demands ........................................................................ 19
Section 6.5 Counterparts ...................................................................................... 21
Section 6.6 Law Governing ................................................................................. 21
Section 6.7 Provisions Surviving Rescission or Expiration.................................. 21
Section 6.8 Assignability of Agreement .............................................................. 21
Section 6.9 Certification by HRA Upon Transfer of the Project .......................... 21
Section 6.10 Financing of the Project ..................................................................... 21
Section 6.11 Agreement Binding and Transfer of Project ...................................... 22
Section 6.12 Payment of Administrative Costs ...................................................... 22
1
AMENDED AND RESTATED
TAX INCREMENT DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the ____ day of _____________, 2023, by and between
the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the
“HRA”), a political subdivision of the State of Minnesota with its principal offices at 8080 Mitchell
Road, Eden Prairie, MN 55344-2230 and EP GTS Housing Phase I LLC, a Delaware limited
liability company, with its principal place of business at 607 Washington Avenue North, Suite 100,
Minneapolis, MN 55401 (the “Developer”).
WITNESSETH:
WHEREAS, pursuant to Minnesota Statutes, Section 469.174 to 469.179, the HRA has
heretofore established Redevelopment Project No. 5 (the “Project Area”) and has adopted a
redevelopment plan therefor (the “Redevelopment Plan”);
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through
469.1794, as amended (hereinafter, the “Tax Increment Act”), the HRA has established, within the
Project Area, Tax Increment Financing District No. 26, GT Housing (the “Tax Increment District”)
and has adopted a tax increment financing plan therefor (the “Tax Increment Financing Plan”)
which provides for the use of tax increment financing in connection with certain development
within the Project Area; and
WHEREAS, capitalized terms used in these recitals or elsewhere in this Agreement and
not otherwise defined are given the meanings assigned to them in Article I of this Agreement;
WHEREAS, in order to achieve the objectives of the Redevelopment Plan and particularly
to make the land in the Project Area available for development by private enterprise in
conformance with the Redevelopment Plan, the HRA has determined to assist the Developer with
the financing of certain costs of the Project to be constructed within the Tax Increment District as
more particularly set forth in this Agreement;
WHEREAS, the HRA believes that the development and construction of the Project, and
fulfillment of this Agreement are vital and are in the best interests of the HRA, the health, safety,
morals, and welfare of residents of the City, and in accordance with the public purpose and
provisions of the applicable state and local laws and requirements under which the Project has
been undertaken and is being assisted;
WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section
116J.993 through 116J.995, do not apply to this Agreement pursuant to an exemption for housing;
WHEREAS, on May 3, 2022, the HRA approved a Tax Increment Development
Agreement for the Project that had been agreed upon by Developer (the “Original Agreement”);
2
WHEREAS, due to delays in the Project, the Original Agreement has not been fully
executed by the parties; and
WHEREAS, the parties now wish to amend, restate, and supersede the Original Agreement
in its entirety.
NOW, THEREFORE, in consideration of the foregoing recitals, which are agreed by the
parties to be an integral part of this Agreement, and the mutual obligations of the parties hereto,
each of them does hereby covenant and agree with the other as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein
will have the following meanings unless a different meaning clearly appears from the context:
Affordable Unit Compliance Certificate means the Affordable Unit Compliance Certificate
in substantially the forms attached hereto as Exhibits E-1 and E-2;
Affordable Units means the 87 units described in Section 3.4(1)(A).
Agreement means this Agreement, as the same may be from time to time modified,
amended or supplemented;
AMI Extended Termination Date means the date the Tax Increment District duration
terminates, which will be December 31, 2051 unless earlier terminated by the HRA;
Area Median Income or AMI means the median household income as most recently
determined by the United States Department of Housing and Urban Development for the
Minneapolis-St. Paul-Bloomington, Minnesota - Wisconsin Metropolitan Statistical Area, as
adjusted for household size and number of bedrooms.
Available Tax Increments means the percent of the Tax Increments identified for each year
of the TIF District on Exhibits K-1 and K-2;
Business Day means any day except a Saturday, Sunday or a legal holiday or a day on
which banking institutions in the City are authorized by law or executive order to close;
City means the City of Eden Prairie, Minnesota;
County means Hennepin County, Minnesota;
Developer means EP GTS Housing Phase I LLC, a Delaware limited liability company, its
successors and assigns;
Development Property means Development Property Phase I and Development Property
Phase II individually or collectively;
3
Development Property Phase I means the real property described in Exhibit A-1 attached
to this Agreement, and, once the Project Phase I is complete, the improvements thereon;
Development Property Phase II means the real property described in Exhibit A-2 attached
to this Agreement, and, once the Project Phase II is complete, the improvements thereon;
Event of Default means any of the events described in Section 4.1 hereof;
HRA means the Housing and Redevelopment Authority in and for the City of Eden Prairie,
Minnesota;
Inclusionary Units means the minimum of 21 units required by Eden Prairie City Code §
13.03 and as described in Section 3.4(1)(B);
Inclusionary Unit Compliance Certificate means the Inclusionary Unit Compliance
Certificate in substantially the forms attached hereto as Exhibits G-1 and G-2;
Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank
National Association in St. Paul, Minnesota, as its “prime rate” or “reference rate” or any successor
rate, which rate will change as and when that rate or successor rate changes;
Project or Projects means Project Phase I and Project Phase II individually or collectively.
Project Phase I means the construction of a 4- and 5-story, 237-unit multifamily rental
housing building by the Developer on the Development Property commonly referred to as GTS
Housing North Phase I;
Project Phase II means the construction of a 6-story, 188-unit multifamily rental housing
building by the Developer on the Development Property commonly referred to as GTS Housing
South Phase II;
Project Area means the real property included in Redevelopment Project No. 5 heretofore
established;
Redevelopment Plan means the development program approved in connection with the
Project Area;
Reimbursement Amount means either the Reimbursement Amount Phase I or
Reimbursement Amount Phase II;
Reimbursement Amount Phase I has the meaning given such term in Section 3.1 of this
Agreement;
Reimbursement Amount Phase II has the meaning given such term in Section 3.1 of this
Agreement;
Site Improvements means either the Site Improvements Phase I or Site Improvements
Phase II;
4
Site Improvements Phase I means the site improvements more particularly described on
Exhibit C to the extent undertaken or to be undertaken on the Development Property Phase I;
Site Improvements Phase II means the types of site improvements more particularly
described on Exhibit C o the extent undertaken or to be undertaken on the Development Property
Phase II;
State means the State of Minnesota;
Tax Increments means the tax increments derived from the Development Property that
have been received by the HRA in accordance with the provisions of Minnesota Statutes, Section
469.177;
Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as
amended;
Tax Increment District means Tax Increment Financing District No. 26, GT Housing
located within the Project Area, a description of which is set forth in the Tax Increment Financing
Plan, which qualifies as a housing district under the Tax Increment Act;
Tax Increment Financing Plan means the tax increment financing plan approved for Tax
Increment Financing District No. 26 by the HRA and the City on May 3, 2022, the modification
to the tax increment financing plan approved for Tax Increment Financing District No. 26 by the
HRA and the City on _____________, 2023, and any future amendments thereto;
TIF Note means TIF Note for Project Phase I and the TIF Note for Project Phase II;
TIF Note Phase I means the Tax Increment Revenue Note for Project Phase I to be executed
by the HRA and delivered to the Developer pursuant to Article III of this Agreement, the form of
which is attached as Exhibit B-1;
TIF Note Phase II means the Tax Increment Revenue Note for Project Phase II to be
executed by the HRA and delivered to the Developer pursuant to Article III of this Agreement, the
form of which is attached as Exhibit B-2;
TIF Note Phase I Payment Date means August 1, 2025, and each February 1 and August 1
of each year thereafter to and including the earlier date on which Developer has received a total
principal amount of $9,800,000 or February 1, 2051; provided, that if any such TIF Note Phase I
Payment Date should not be a Business Day, the TIF Note Phase I Payment Date will be the next
succeeding Business Day;
TIF Note Phase II Payment Date means August 1, 2027, and each February 1 and August
1 of each year thereafter to and including the earlier date on which Developer has received a total
principal amount of $7,600,000 or February 1, 2051; provided, that if any such TIF Note Phase II
Payment Date should not be a Business Day, the TIF Note Phase II Payment Date will be the next
succeeding Business Day; and, provided further and notwithstanding anything to the contrary
contained in this Agreement, if, due to market conditions or other unforeseen events, the
Developer’s commencement of construction of the Project Phase II is delayed beyond the currently
5
anticipated commencement date of October 1, 2025, upon Developer’s request the Executive
Director of the HRA may consent to an equitable adjustment in the TIF Note Phase II Payment
Date and corresponding changes to the other dates in this Agreement affecting Phase II, which
consent will not be unreasonably withheld, conditioned or delayed, and in such case the Executive
Director is authorized to execute amendments to this Agreement, the TIF Note Phase II, and any
other instruments necessary to reflect the adjustment.
TIF Revenue is the amount of the Tax Increments received by Developer in any given year
from the TIF Note Phase I and TIF Note Phase II; and
Unavoidable Delays means delays outside the control of the party claiming its occurrence,
which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad
weather, unavailability of labor or materials due to epidemics or infectious diseases, acts of God,
fire or other casualty to the Project, litigation commenced by third parties which, by injunction or
other similar judicial action or by the exercise of reasonable discretion, directly results in delays,
or acts of any federal, state or local governmental unit (other than the HRA) which directly result
in delays.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1 Representations and Warranties of the HRA. The HRA makes the
following representations and warranties:
(1) The HRA is political subdivision of the State of Minnesota and has the power to
enter into this Agreement and carry out its obligations hereunder.
(2) The Tax Increment District is a “housing district” within the meaning of Minnesota
Statutes, Section 469.174, Subdivision 11, includes the Development Property Phase I and
Development Property Phase II and no other land, and was created, adopted, and approved in
accordance with the terms of the Tax Increment Act.
(3) The development contemplated by this Agreement is in conformance with the
development objectives set forth in the Redevelopment Plan.
(4) (a) To finance certain costs within the Tax Increment District for Project Phase I,
the HRA proposes, subject to the further provisions of this Agreement and the TIF Note Phase I,
to apply Tax Increments from Development Property Phase I to reimburse the Developer for
acquisition of the Development Property Phase I and a portion of the costs of the construction of
the Site Improvements Phase I incurred in connection with the Project Phase I as further provided
in this Agreement. (b) To finance certain costs within the Tax Increment District for Project Phase
II, the HRA proposes, subject to the further provisions of this Agreement and the TIF Note Phase
II, to apply Tax Increments from Development Property Phase II to reimburse the Developer for
acquisition of the Development Property Phase II and a portion of the costs of the construction of
the Site Improvements Phase II incurred in connection with the Project Phase II as further provided
in this Agreement.
6
(5) The HRA makes no representation or warranty, either expressed or implied, as to
the Development Property or its condition or the soil conditions thereon, or that the Development
Property is suitable for the Developer’s purposes or needs.
Section 2.2 Representations and Warranties of the Developer. The Developer makes
the following representations and warranties:
(1) The Developer is a Delaware limited liability company and has the power and
authority to enter into this Agreement and to perform its obligations hereunder, and doing so will
not violate its articles of organization, member control agreement or operating agreement, or the
laws of the State and by proper action has authorized the execution and delivery of this Agreement.
(2) The Developer is the fee owner of the Development Property.
(3) The Developer will cause the Project to be constructed in accordance with the terms
of this Agreement, the Redevelopment Plan, and all local, state, and federal laws and regulations
(including, but not limited to, environmental, zoning, energy conservation, building code and
public health laws and regulations).
(4) (a) The construction of the Project Phase I would not be undertaken by the
Developer, and in the opinion of the Developer would not be economically feasible withi n the
reasonably foreseeable future, without the assistance and benefit to the Developer provided for in
this Agreement. (b) The construction of the Project Phase II would not be undertaken by the
Developer, and in the opinion of the Developer would not be economically feasible within the
reasonably foreseeable future, without the assistance and benefit to the Developer provided for in
this Agreement.
(5) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely
manner, all required permits, licenses and approvals, and will meet, in a timely manner, all
requirements of all applicable local, state, and federal laws and regulations which must be obtained
or met before the applicable Project, Project Phase I or Project Phase II, may be lawfully
constructed.
(6) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provision of any contractual restriction, evidence of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(7) The Developer will use its best efforts in cooperating fully with the HRA with
respect to any third-party litigation commenced with respect to the Project.
(8) The Developer will cooperate fully with the HRA in resolution of any on-site
traffic, parking, trash removal or public safety problems which may arise in connection with the
construction and operation of the Project.
7
(9) (a) Construction of the Project Phase I will be substantially completed prior to April
1, 2025, subject to Unavoidable Delays. (b) Construction of the Project Phase II will be
substantially completed prior to December 31, 2027, subject to Unavoidable Delays.
(10) The Developer acknowledges that Tax Increment projections contained in the Tax
Increment Financing Plan are estimates only and the Developer acknowledges that it will place no
reliance on the amount of projected Tax Increments and the sufficiency of such Tax Increments to
reimburse the Developer for a portion of the costs of the acquisition of the Development Property
and the construction of the Site Improvements as provided in Article III.
(11) The Developer will not seek a reduction in the market value (as determined by the
City Assessor) of the Development Project I or other facilities, if any, that it constructs on the
Development Property I, pursuant to the provisions of this Agreement, for the duration of the TIF
District. (b) The Developer will not seek a reduction in the market value (as determined by the
City Assessor) of the Development Project II or other facilities, if any, that it constructs on the
Development Property II, pursuant to the provisions of this Agreement, for the duration of the TIF
District.
ARTICLE III
UNDERTAKINGS BY DEVELOPER AND HRA
Section 3.1 Project, Site Improvements and Development Property. The parties agree
that the acquisition of the Development Property and the installation of the Site Improvements is
essential to the successful completion of the Project. The costs of the Development Property and
the Site Improvements will be paid by the Developer. The HRA will reimburse the Developer for
the lesser of $9,800,000 or the costs actually incurred and paid by the Developer for the acquisition
of the Development Property Phase I and the construction of the Site Improvements Phase I
thereon (the “Reimbursement Amount Phase I”), as further provided in Section 3.3 hereof. The
HRA will reimburse the Developer for the lesser of $7,600,000 or the costs actually incurred and
paid by the Developer for the acquisition of the Development Property Phase II and the
construction of Site Improvements Phase II thereon (the “Reimbursement Amount Phase II”), as
further provided in Section 3.3 hereof.
Section 3.2 Limitations on Undertaking of the HRA. Notwithstanding the provisions
of Section 3.1 but subject to Section 4.2(8), the HRA will have no obligation to the Developer
under this Agreement to reimburse the Developer for the costs identified in Section 3.1, if the
HRA, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise
any of the remedies set forth therein as a result of an Event of Default which has not been cured.
Section 3.3 Reimbursement: TIF Note. The HRA will reimburse the payments made
by the Developer under Section 3.1 for costs of the acquisition of the Development Property and
the construction of Site Improvements through the issuance of the HRA’s TIF Note Phase I and
TIF Note Phase II in substantially the forms attached to this Agreement as Exhibits B-1 and B-2,
respectively, subject to the following conditions:
8
(1) Each TIF Note will be dated, issued and delivered when the Developer has
demonstrated in writing to the reasonable satisfaction of the HRA that (i) the Developer has
incurred and paid the costs of the acquisition of the applicable Development Property and of the
construction of the Site Improvements for the applicable Phase in at least the amount of the
applicable Reimbursement Amount, as described in and limited by Section 3.1; and (ii) the
Developer has submitted to the HRA paid invoices for the costs of construction of the applicable
phase Site Improvements (to the HRA and to an escrow agent providing construction loan
disbursing services for the Project (if any) and a settlement statement or other evidence of payment
of the costs of the acquisition of the applicable Development Property, which are collectively in
an amount not less than the applicable Reimbursement Amount for such TIF Note.
(2) The initial amount of the each TIF Note will be the Reimbursement Amount. The
unpaid principal of each TIF Note will bear simple non-compounding interest from the date of
issuance of the TIF Note, at five percent (5%) per annum. Interest will be computed on the basis
of a 360 day year consisting of twelve (12) 30-day months.
(3) The principal amount of TIF Note Phase I and the interest thereon will be payable
solely from the Available Tax Increments related to Development Property Phase I as determined
in the sole discretion of the HRA. The principal amount of TIF Note Phase II and the interest
thereon will be payable solely from the Available Tax Increments related to Development Property
Phase II as determined in the sole discretion of the HRA.
(4) (a) On each TIF Note Phase I Payment Date and subject to the provisions of TIF
Note Phase I, the HRA will pay, against the principal and interest outstanding on the TIF Note
Phase I, any Available Tax Increments received by the HRA during the preceding six (6) months
from Development Property Phase I. All such payments will be applied first to accrued interest
and then to reduce the principal of TIF Note Phase I. (b) On each TIF Note Phase II Payment Date
and subject to the provisions of TIF Note Phase II, the HRA will pay, against the principal and
interest outstanding on the TIF Note Phase II, any Available Tax Increments received by the HRA
during the preceding six (6) months from Development Property Phase II. All such payments will
be applied first to accrued interest and then to reduce the principal of TIF Note Phase II.
(5) TIF Note Phase I and TIF Note Phase II will be special and limited obligations of
the HRA and not a general obligation of the HRA. Only Available Tax Increments from
Development Property Phase I will be used to pay the principal and interest on TIF Note Phase I.
Only Available Tax Increments from Development Property Phase II will be used to pay the
principal and interest on TIF Note Phase II. If, on any TIF Note Payment Date, the Available Tax
Increments for the payment of the accrued and unpaid interest on the TIF Note are insufficient for
such purposes, the difference will be carried forward, without interest accruing thereon, and will
be paid if and to the extent that on a future TIF Note Payment Date there are Available Tax
Increments from a TIF Note’s applicable Development Property Phase in excess of the amounts
needed to pay the accrued interest then due on the applicable TIF Note.
(6) Subject to Section 4.2(8), the HRA’s obligation to make payments on the TIF Note
on any TIF Note Payment Date or any date thereafter will be conditioned upon the requirements
that: (A) there is not at that time an Event of Default that has occurred and is continuing under this
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Agreement beyond any applicable notice and cure period and (B) this Agreement has not been
rescinded pursuant to Section 4.2.
(7) TIF Note Phase I will be governed by and payable pursuant to the additional terms
thereof as set forth in Exhibit B-1 and TIF Note Phase II will be governed by and payable pursuant
to the additional terms thereof as set forth in Exhibit B-2. In the event of any conflict between the
terms of a TIF Note and the terms of this Section 3.3, the terms of such TIF Note will govern. The
issuance of the TIF Notes pursuant and subject to the terms of this Agreement, and the taking by
the HRA of such additional actions as the HRA’s attorney may require in connection therewith,
are hereby authorized and approved by the HRA.
Section 3.4 Compliance with Low and Moderate Income Requirements.The HRA and
the Developer understand and agree that the Tax Increment District will constitute a “housing
district” under Section 469.174, Subd. 11 of the Tax Increment Act. Accordingly, in compliance
with Section 469.1761, Subd. 3 of the Tax Increment Act, the Developer agrees that the Project
must satisfy, or be treated as satisfying, the income requirements for a qualified residential rental
project as defined in Section 142(d) of the Internal Revenue Code. The parties further agree that
no more than 20% of the square footage of the Project may consist of commercial, retail, or other
nonresidential uses. The Developer must meet the above requirements as follows:
(A) Affordable Units.
(1) Phase I: At least 49 of the residential units in the Project Phase I
must be Affordable Units and must be occupied or available for occupancy by
persons whose incomes do not exceed 50% of AMI. The Affordable Units must
include a minimum of 11 studio units, 19 one-bedroom units, 15 two-bedroom units
and 4 three-bedroom units. This Affordable Unit requirement must be satisfied
through the AMI Extended Termination Date for all the Affordable Units. The
obligation of Developer to provide the Affordable Units through the AMI Extended
Termination Date as set forth in this Section 3.4(1)(A) will survive and remain in
full force and effect beyond the Termination Date through the AMI Extended
Termination Date.
(2) Phase II: At least 38 of the residential units in the Project Phase II
must be Affordable Units and must be occupied or available for occupancy by
persons whose incomes do not exceed 50% of AMI. The Affordable Units must
include a minimum of 8 studio units, 15 one-bedroom units, 11 two-bedroom units
and 4 three-bedroom units. This Affordable Unit requirement must be satisfied
through the AMI Extended Termination Date for all the Affordable Units. The
obligation of Developer to provide the Affordable Units through the AMI Extended
Termination Date as set forth in this Section 3.4(2)(A) will survive and remain in
full force and effect beyond the Termination Date through the AMI Extended
Termination Date.
(B) Inclusionary Units.
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(1) Phase I: A minimum of 12 units in the Project Phase I must remain
affordable in perpetuity as Inclusionary Units to households whose annual income
is at 80% or less of AMI. The Inclusionary Units must include 3 studio units, 5
one-bedroom units, 3 two-bedroom units and 1 three-bedroom unit, and are subject,
including rents and incomes, to review and approval by the City. The Inclusionary
Units are further subject to the requirements of Eden Prairie City Code § 13.03.
The obligation of Developer to provide Inclusionary Units as set forth in this
Agreement, including in this Section 3.4(1)(B), will survive and remain in full force
and effect after expiration, cancellation, termination, or rescission of this
Agreement pursuant to its terms or by either party.
(2) Phase II: A minimum of 9 units in the Project Phase II must remain
affordable in perpetuity as Inclusionary Units to households whose annual income
is at 80% or less of AMI. The Inclusionary Units must include 2 studio units, 3
one-bedroom units, 3 two-bedroom units and 1 three-bedroom unit, and are subject,
including rents and incomes, to review and approval by the City. The Inclusionary
Units are further subject to the requirements of Eden Prairie City Code § 13.03.
The obligation of Developer to provide Inclusionary Units as set forth in this
Agreement, including in this Section 3.4(1)(B), will survive and remain in full force
and effect after expiration, cancellation, termination, or rescission of this
Agreement pursuant to its terms or by either party.
(C) Rent Restrictions. Borrower must restrict rents and incomes in the Project
for the Affordable Units and the Inclusionary Units to amounts not exceeding the
Multifamily Rent and Income Limits set by the United States Department of
Housing and Urban Development (“HUD”) and promulgated by the Minnesota
Housing Finance Agency (“MHFA”) (or, if MHFA no longer promulgates such
data, then by a similar resource that promulgates the HUD data), as adjusted for
family size, as the same may be updated from time-to-time. Attached hereto as
Exhibit D are the Multifamily Rent and Income Limits in effect as of the date of
this Agreement. The parties further agree that subject to the provisions of the Tax
Increment Act and Section 142(d) of the Internal Revenue Code, the Developer is
not obligated to extend any allowances to tenants for utilities or otherwise, and will
be permitted to charge and collect from tenants gross maximum rents.
(D) Income Increase. Developer shall comply with the requirements of 26
U.S.C. Section 142(d)(3) and the regulations promulgated thereunder, as the same
may be amended from time to time, with respect to income increase of a tenant
during the term of the tenancy.
(2) The obligations of Section 3.4(1) (A), (B), and (C) will not terminate but will
remain in full force and effect in the event of an Event of Default under Section 4.1.
(3) Reporting Requirements - Affordable Units.
(A) Compliance Certificate. On or before each January 1 and July 1 during the
period that either TIF Note is outstanding, commencing on July 1, 2025 for TIF Note Phase
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I and on July 1, 2027 for TIF Note Phase II, the Developer or an agent of the Developer
must deliver or cause to be delivered to the HRA an Affordable Unit Compliance
Certificate in substantially the form shown on Exhibit E-1 attached hereto with respect to
Development Property Phase I and the form shown on Exhibit E-2 attached hereto with
respect to Development Property Phase II, executed by the Developer covering the
preceding six (6) months together with written evidence satisfactory to the HRA of
compliance with the covenants in Section 3.4(1)(A) and (C). This evidence must include a
statement of the household income of each qualifying renter, a written determination that
each qualifying renter’s household income fell within the qualifying limits of this Section
(and Section 142(d) of the Internal Revenue Code), and a certification that the income
documentation is correct and accurate (and that the determination of qualification was
made in compliance with Section 142(d) of the Internal Revenue Code). The HRA may
review, upon request, all documentation supporting the Developer’s submissions and
statements. In determining compliance with this Section, the Developer must use the AMI
for the year in which the payment is due on the TIF Note.
(B) Rent Roll. On or before each January 30 during the period that the either
TIF Note is outstanding, commencing on January 30, 2026 for TIF Note Phase I and on
January 30, 2028 for TIF Note Phase II, the Developer or an agent of the Developer must
deliver or cause to be delivered to the HRA a Rent Roll Certificate for each Development
Property for the Affordable Units as described in Section 3.4(1)(A) (“Affordable Unit Rent
Roll”), in substantially the form shown on Exhibit F attached hereto, executed by the
Developer covering the preceding calendar year.
(4) Reporting Requirements - Inclusionary Units.
(A) Compliance Certificate. On or before each July 1 of each year, commencing
on July 1, 2025 for Development Property Phase I and on July 1, 2027 for Development
Property II, the Developer or an agent of the Developer must deliver or cause to be
delivered to the HRA an Inclusionary Unit Compliance Certificate for the Development
Property in substantially the form shown on Exhibit G-1 attached hereto with respect to
Development Property Phase I and the form shown on Exhibit G-2 attached hereto with
respect to Development Property Phase II, executed by the Developer covering the
preceding twelve (12) months together with written evidence satisfactory to the HRA of
compliance with the covenants in Section 3.4(1)(B) and (C). This evidence must include a
statement of the household income of each qualifying renter, a written determination that
each qualifying renter’s household income fell within the qualifying limits of this Section
(and Section 142(d) of the Internal Revenue Code), and a certification that the income
documentation is correct and accurate (and that the determination of qualification was
made in compliance with Section 142(d) of the Internal Revenue Code). The HRA may
review, upon request, all documentation supporting the Developer’s submissions and
statements. In determining compliance with this Section, the Developer must use the AMI
for the year in which the payment is due on the TIF Note.
(B) Rent Roll. On or before each January 30 commencing on January 30, 2026,
for Development Property Phase I and on January 30, 2028 for Development Property
Phase II, the Developer or an agent of the Developer must deliver or cause to be delivered
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to the HRA an Inclusionary Unit Rent Roll Certificate for the Inclusionary Units as
described in Section 3.4(1)(B) (“Inclusionary Unit Rent Roll”), in substantially the form
shown on Exhibit H attached hereto, executed by the Developer covering the preceding
calendar year together with a written certificate reasonably satisfactory to the HRA that
Developer is in compliance with the covenants in Section 3.4(1)(B) and (C). The
Inclusionary Unit Rent Roll must set forth (i) the rent for each Inclusionary Unit and (ii)
for each Inclusionary Unit, the rent for a comparable market rate unit. The HRA will
review the Inclusionary Unit Rent Roll and will approve any proposed Inclusionary Unit
Rent Roll, provided such rents are not in excess of the rent limits in Section 3.4(1)(C). Any
Inclusionary Unit Rent Roll submitted by the Developer will be considered approved
unless disapproved by the HRA within sixty (60) days after submission. The HRA must
provide written reasons if any Inclusionary Unit Rent Roll is disapproved. The Developer
will have sixty (60) days following receipt of any notice of disapproval to cure any
objections the HRA has made in its notice of disapproval and to submit a revised
Inclusionary Unit Rent Roll to the HRA for review and approval as provided in this Section.
The Developer’s failure to obtain the HRA’s approval of a revised Inclusionary Unit Rent
Roll during such sixty (60) day cure period will constitute a default by Developer.
(5) On or before each January 1 and July 1 during the period that a TIF Note is
outstanding for the applicable Development Property, commencing on July 1, 2025 for TIF Note
Phase I and on July 1, 2027 for TIF Note Phase II, the Developer or an agent of the Developer
must deliver or cause to be delivered to the HRA an Income Certification from each tenant leasing
an Affordable Unit or an Inclusionary Unit, such certification to be in substantially the form shown
on Exhibit I attached hereto, executed by the tenant covering the preceding six (6) months for an
Affordable Unit and the preceding twelve (12) months for an Inclusionary Unit.
(6) Developer may not refuse to lease any Affordable Unit or Inclusionary Unit to a
prospective tenant on the basis of the prospective tenant’s receipt of, or eligibility for, housing
assistance, social security, Housing Choice Vouchers, or other types of public or private assistance
and must accept a Housing Choice Voucher as a valid form of income.
Section 3.5 Assessment Agreement. (a) The Assessment Agreement, in form attached
hereto as Exhibit J-1, must be executed by the Developer and the HRA contemporaneous with
execution of this Agreement, and the Developer must cause such Assessment Agreement and an
executed Assessor’s Certificate, in the form attached thereto, to be recorded against the
Development Property Phase I immediately after recording this Agreement, which is anticipated
to occur on or before the close of the Developer’s construction loan mortgage financing for the
Development Property Phase I.
(b) The Assessment Agreement, in form attached hereto as Exhibit J-2, must be executed
by the Developer and the HRA contemporaneous with execution of this Agreement, and the
Developer must cause such Assessment Agreement and an executed Assessor’s Certificate, in the
form attached thereto, to be recorded against the Development Property Phase II immediately after
recording this Agreement and the Assessment Agreement for the Development Property Phase I,
which is anticipated to occur on or before the close of the Developer’s construction loan mortgage
financing for the Development Property Phase I.
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Section 3.6 Lookback.
(1) Generally. The financial assistance to the Developer under this Agreement is based
on certain assumptions regarding likely performance of each Phase of the Project, including
operating revenues, expenses, and development costs of constructing Project Phase I and Project
Phase II. The HRA and the Developer agree that the actual financial performance of each Project
Phase will be reviewed at the times described in this Section, and that the Reimbursement Amount
Phase I and Reimbursement Amount Phase II will be adjusted accordingly. Developer must
provide the HRA and its municipal advisor (the “Consultant”) with Pro Forma Financial
Statements showing a target Yield on Cost Return of 7.25%. For avoidance of doubt, the financial
performance review provided for in this Section will be conducted separately for Project Phase I
and Project Phase II.
(2) Definitions. For the purposes of this Section 3.6, the following terms have the
following meanings:
“Calculation Date” means the earliest of (A) 90 days after the earlier of (i) the date of
Stabilization of a Project Phase; (ii) two years after the date of completion of a Project
Phase, as evidenced by the City’s issuance of a Certificate of Completion, or; (B) at least
30 days prior to sale of a Project Phase.
“Yield on Cost Return” means NOI divided by the applicable Project Phase’s actual Total
Development Costs, calculated as set forth in the sample lookback calculation attached as
Exhibit L.
“Net Operating Income (NOI)” means total annual income and other project-derived
annual revenue, including payments under the applicable TIF Note, less Operating
Expenses, which exclude debt service payments. For purposes of the Yield on Cost Return
calculation on the Calculation Date, (i) revenue shall be based upon 95% occupancy
regardless of whether the average occupancy for the measured period is higher or lower
than 95%, (ii) revenue for periods after the Calculation Date shall be inflated by 2%
annually, and (iii) Operating Expenses for periods after the Calculation Date, shall be
inflated by 2% annually.
“Operating Expenses” means reasonable and customary expenses actually incurred in
operating a Project Phase and any other expenses actually incurred by the Developer
pursuant to its obligations under this Agreement, determined in the same manner as shown
in the Pro Forma Financial Statement, which excludes expenses after debt service, and
includes administrative, payroll, marketing, insurance, property management fees, utilities,
maintenance, deposits to commercially reasonable capital replacement reserves and
payment of real estate taxes, but subject to final review and acceptance by the Consultant.
“Pro Forma Financial Statement Phase I” means Project Phase I cash flow pro forma model
financial statement projecting future returns, a summary of which is attached to this
Agreement as Exhibit M-1.
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“Pro Forma Financial Statement Phase II” means Project Phase II cash flow pro forma
model financial statement projecting future returns, a summary of which is attached to this
Agreement as Exhibit M-2.
“Stabilization” means the calendar month-end date on which a Project Phase has first
achieved an average occupancy of 90% during the preceding 12 calendar months, or suc h
earlier date as may be requested by the Developer but, for purposes of the Yield on Cost
Return calculation, assuming 95% occupancy notwithstanding actual occupancy rate as of
such date.
“Total Project Cost” means the total expenditures incurred to complete development of a
Project Phase inclusive of land acquisition, hard construction costs, soft costs and financing
costs as approved by Developer’s senior construction debt lender.
(3) On the Calculation Date for each Project Phase, the Developer must deliver to the
HRA and Consultant, at a minimum, for that Phase (i) the Developer’s actual financial statement,
in the same form as the Pro Forma Financial Statement submitted to the HRA pursuant to clause
(1) above and showing NOI, and such other financial information as the Consultant shall
reasonably require, for the trailing 12-month period preceding the Calculation Date calculated as
of the Calculation Date as provided herein and as set forth in the Pro Forma Financial Statement
and (ii) evidence, satisfactory to the HRA, of its Total Project Cost.
(4) The average annual Yield on Cost Return will be calculated by the Consultant based
on the Project Phase financial statement submitted to the HRA pursuant to clause (3) above, (in
the manner the Consultant determines is consistent with the sample lookback calculation attached
as Exhibit L, as approved by the HRA).
(5) If the average annual Yield on Cost Return does not exceed 7.25% over the term of
the TIF Note for a Project Phase, the TIF Note for that Project Phase will remain set at the
Reimbursement Amount for that Phase.
(6) If the Consultant determines, based on such review, that the average annual Yield
on Cost Return over the term of the TIF Note for that Project Phase exceeds 7.25% (to be calculated
in a manner comparable to the sample attached as Exhibit L), then the Reimbursement Amount
of the TIF Note for that Project Phase will be reduced by an amount calculated in the manner the
Consultant determines is consistent with clause (7) below. In no event, however, will the
Reimbursement Amount Phase I be reduced below $7,900,000 or the Reimbursement Amount
Phase II be reduced below $5,000,000.
(7) The Consultant will determine the amount of the reduction of the Reimbursement
Amount of the TIF Note for that Project Phase, calculated in the manner the Consultant determines
is consistent with the sample lookback calculation attached as Exhibit L, by:
(a) First, determining the period over which the TIF Note needs to be
outstanding to achieve a 7.25% average annual Yield on Cost Return over the term of the
TIF Note based on the Consultant’s calculation of the average annual Yield on Cost Return.
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(b) Second, by determining the present value of actual or projected (with respect
to future payments) annual TIF Note payments over the life of the TIF Note through the
year determined in clause (a) using the interest rate on the TIF Note as the present value
discount rate.
(c) Third, by determining the amount equal to 50% of the difference between
the original principal amount of the TIF Note and the present value number calculated in
clause (b).
(d) Finally, the new Reimbursement Amount of the TIF Note will then be
determined by adding the amounts in clauses (b) and (c) and rounding to the nearest $1,000
(the “Revised TIF Note Reimbursement Amount”).
(e) Such Revised TIF Note Reimbursement Amount will be effective upon
delivery to the Developer of a written notice stating the Revised TIF Note Reimbursement
Amount as determined by the Consultant in accordance with this Section, accompanied by
the Consultant’s report. The Developer shall, thereupon, deliver the TIF Note for that Phase
in exchange for a new TIF Note in the Revised TIF Note Reimbursement Amount.
ARTICLE IV
EVENTS OF DEFAULT
Section 4.1 Events of Default Defined. The following are “Events of Default” under
this Agreement and the term “Event of Default” will mean, whenever it is used in this Agreement,
any one or more of the following events:
(1) Failure by the Developer to timely pay any ad valorem real property taxes assessed
and special assessments or other City or HRA charges with respect to the Development Property.
(2) Failure by the Developer to cause the construction of the Projects to be completed
pursuant to the terms, conditions, and limitations of this Agreement.
(3) Failure of the Developer to observe or perform any covenant, condition, obligation,
or agreement on its part to be observed or performed under this Agreement including failure to
provide the Affordable Units or Inclusionary Units.
(4) The holder of any mortgage on the Development Property or any improvements
thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under
the applicable mortgage documents.
(5) If the Developer:
(A) files any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United
States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or
(B) makes an assignment for the benefit of its creditors; or
16
(C) admits in writing its inability to pay its debts generally as they become due;
or
(D) is adjudicated as bankrupt or insolvent; or if a petition or answer proposing
the adjudication of the Developer as bankrupt or its reorganization under any present or
future federal bankruptcy act or any similar federal or state law is filed in any court and
such petition or answer is not discharged or denied within sixty (60) days after the filing
thereof; or a receiver, liquidator or trustee of the Developer, or of the Project, or part
thereof, is appointed in any proceeding brought against the Developer, and is not
discharged within sixty (60) days after such appointment, or if the Developer consents to
or acquiesces in such appointment.
Section 4.2 Remedies on Default. Whenever any Event of Default referred to in
Section 4.1 occurs and is continuing, the HRA, as specified below, may take any one or more of
the following actions after the giving of sixty (60) days’ written notice to the Developer, but only
if the Event of Default has not been cured within said sixty (60) days provided however, the notice
required for the action (3) below will be five (5) business days’ written notice to the Developer.
(1) Subject to providing notice as specified above and in addition to any other remedy,
this Agreement may be terminated by the HRA in the event of a failure by Developer to provide
the Affordable Units for either or both Developer Property Phase I and Development Property
Phase II in accordance with the terms of this Agreement. Upon termination pursuant to this
paragraph, the Developer must pay to the HRA the present value of an amount equal to the
following (such amount, the “TIF Excess”): the amount of the Tax Increments actually received
by Developer for Developer Property Phase I and Development Property Phase II to the date of
the termination, less the amount of the Developer Rent Subsidy provided. For purposes of this
paragraph, “Developer Rent Subsidy” means the amount by which the aggregate rent collected for
the Affordable Units is less than would have been collected if such Affordable Units were rented
at rates equal to the average rent of the same unit types (e.g. studio, one-bedroom, two-bedroom),
measured annually at the end of each calendar year. By way of example only, if a one-bedroom
apartment that was an Affordable Unit was rented for an entire calendar year at a rate of $1,000
per month, and the average rent collected for all other one-bedroom units at the Project (other than
those that are Affordable Units) for such calendar year was $1,100 per month, the Developer Rent
Subsidy for that Affordable Unit for the applicable calendar year will be $1,200.00. Any payment
required hereunder must be made promptly following receipt by Developer of a written demand
by the HRA. For purposes of determining the present value of the TIF Excess, a rate of return of
4.1% per annum will be used, accruing from the end of the calendar year for which the TIF Excess
is calculated.
(2) The HRA may suspend its performance under this Agreement and TIF Note Phase
I and TIF Note Phase II until it receives assurances from the Developer, deemed adequate by the
HRA, that the Developer will cure its default and continue its performance under this Agreement.
(3) Notwithstanding any other remedy provided for herein, upon a default in submitting
the Affordable Unit Compliance Certificate required by Section 3.4(3)(A) that has not been cured
within five (5) business days of notice specified above, the HRA may suspend its performance
17
under this Agreement and TIF Note Phase I and TIF Note Phase II until the Compliance Certificate
is filed and is in compliance with the requirements of Section 3.4(3)(A).
(4) The HRA may cancel and rescind this Agreement and TIF Note Phase I and TIF
Note Phase II.
(5) The HRA may take any action, including legal or administrative action, in law or
equity, which may appear necessary or desirable to enforce performance and observance of any
obligation, agreement, or covenant of the Developer under this Agreement. Notwithstanding an
Event of Default, if the HRA does not cancel and rescind the Agreement and TIF Note Phase I,
the obligations under Section 3.4 remain in full force and effect with respect to Development
Property Phase I. Notwithstanding an Event of Default, if the HRA does not cancel and rescind
the Agreement and TIF Note Phase II, the obligations under Section 3.4 remain in full force and
effect with respect to Development Property Phase II.
(6) The obligation of Developer to provide Inclusionary Units as set forth in this
Agreement, including in Section 3.4(1)(B) will survive and remain in full force and effect after the
exercise of any remedy including but not limited to termination, cancelation, or rescission of this
Agreement by either party.
(7) The obligation of Developer to provide Affordable Units through the AMI
Extended Termination Date as set forth in this Agreement in Sections 3.4(1) and (2)(A) will
survive and remain in full force and effect after the exercise of any remedy including but not
limited to termination, cancelation, or rescission of this Agreement by either party. In the event
that this Agreement is terminated for any reason, upon request by a party, the parties agree to
record an instrument against the Development Property providing for the continuation of the
Affordable Units through the AMI Extended Termination Date as set forth in this Agreement.
(8) Notwithstanding anything to the contrary in this Agreement, from and after the date
Developer makes an assignment with respect to the rights and obligations of the Developer with
respect to the Development Property Phase II and the Project Phase II, in accordance with Section
6.8, (i) a default or Event of Default by a Developer related to one Development Property and
Project shall not constitute a default of Event of Default by a Developer for the other Development
Property and Project, and (ii) the rights and obligations of a Developer with respect to the
Developer Property Phase I, the Project Phase I, and the TIF Note Phase I shall be separate and
several from the rights and obligations of a Developer with respect to the Development Project
Phase II, the Project Phase II, and TIF Note Phase II. A default or Event of Default by a Developer
shall not limit, impair or revoke the rights of the other Developer under this Agreement or the TIF
Note issued or to be issued to such a non-defaulting Developer.
Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the
HRA is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy will be cumulative and will be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default will impair any such right or power or will
be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient.
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Section 4.4 No Implied Waiver. In the event any agreement or covenant contained in
this Agreement is breached by any party and thereafter waived by the other party, such waiver will
be limited to the particular breach so waived and will not be deemed to waive any other concurrent,
previous, or subsequent breach hereunder.
Section 4.5 Agreement to Pay Attorney’s Fees and Expenses. Whenever any Event of
Default occurs and the HRA employs attorneys or incur other expenses for the collection of
payments due or to become due or for the enforcement or performance or observance of any
obligation or agreement on the part of the Developer under this Agreement, the Developer agrees
that it will, on demand therefor, pay to the HRA the reasonable fees of such attorneys and such
other expenses so incurred by the HRA.
Section 4.6 Indemnification of HRA.
(1) The Developer releases from and covenants and agrees that the HRA and its
governing body members, officers, agents, independent contractors, consultants, legal counsel,
servants, and employees (hereinafter, for purposes of this Section, collectively the “Indemnified
Parties”) will not be liable for and agrees to indemnify and hold harmless the Indemnified Parties
against any loss or damage to property or any injury to or death of any person occurring at or about
or resulting from any defect in the Project, provided that the foregoing indemnification will not be
effective for any actions of the Indemnified Parties that are not contemplated by this Agreement.
(2) Except for any willful misrepresentation or any negligent, willful or wanton
misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified
Parties, now and forever, and further agrees to hold the Indemnified Parties harmless from any
claim, demand, suit, action, or other proceeding by any person or entity arising or purportedly
arising from the actions or inactions of the Developer (or other persons acting on its behalf or
under its direction or control) under this Agreement, or the transactions contemplated by this
Agreement, or the acquisition, construction, installation, ownership, and operation of the Project.
This indemnification will not apply to the warranties made or obligations undertaken by the HRA
in this Agreement or to any actions undertaken by the HRA that are not contemplated by this
Agreement but will, in any event and without regard to any fault on the part of the HRA, apply to
any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or
penalty is paid by the HRA at a rate equal to the Prime Rate) as a result of the Developer operating
the Project so that the Tax Increment District does not qualify or ceases to qualify as a “housing
district” under Section 469.174, Subdivision 11, of the Act or to violate limitations as to the use
of Tax Increments as set forth in Section 469.176, Subdivision 4d.
(3) All covenants, stipulations, promises, agreements, and obligations of the HRA
contained herein will be deemed to be the covenants, stipulations, promises, agreements, and
obligations of the HRA only and not of any governing body member, officer, agent, servant, or
employee of the HRA.
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ARTICLE V
HRA DEFAULT AND DEVELOPER’S REMEDIES
Section 5.1 The Developer’s Option to Terminate. This Agreement may be terminated
by the Developer if (i) the Developer is in compliance with all material terms of this Agreement
and no Event of Default has occurred; and (ii) the HRA fails to comply with any material term of
this Agreement, and, after written notice by the Developer of such failure, the HRA has failed to
cure such noncompliance within ninety (90) days of receipt of such notice, or, if such
noncompliance cannot reasonably be cured by the HRA within ninety (90) days of receipt of such
notice, the HRA has not provided assurances, reasonably satisfactory to the Developer, that such
noncompliance will be cured as soon as reasonably possible.
Section 5.2 Action to Terminate. To terminate this Agreement pursuant to Section 5.1,
Developer must provide written notice to the HRA within sixty (60) days after the date when such
option to terminate may first be exercised. A failure by the Developer to terminate this Agreement
within such period constitutes a waiver by the Developer of its rights to terminate this Agreement
due to such occurrence or event.
Section 5.3 Effect of Termination. Except as provided in Section 6.7 hereof, if this
Agreement is terminated pursuant to this Article V, this Agreement will be null and void and of
no further effect; provided, however, the termination of this Agreement will not affect the rights
of either party to institute any action, claim, or demand for damages suffered as a result of breach
or default of the terms of this Agreement by the other party, or to recover amounts which had
accrued and become due and payable as of the date of such termination. Upon termination of this
Agreement pursuant to this Article V, the Developer is free to proceed with the Project at its own
expense and without regard to the provisions of this Agreement; provided, however, that the HRA
will have no further obligations to the Developer with respect to reimbursement of the expenses
set forth in Section 3.3.
Section 5.4 HRA Covenant to Comply. The HRA covenants that it will comply with
all payment obligations required of it under this Agreement and that it will take no action that will
directly or indirectly impair its ability to repay the TIF Note or otherwise frustrate the purposes of
the Tax Increment Financing Plan. Developer may enforce this provision in an action seeking
declaratory relief, specific performance, or injunctive relief but not an action for damages.
ARTICLE VI
ADDITIONAL PROVISIONS
Section 6.1 Restrictions on Use. The Developer agrees for itself, its successors and
assigns and every successor in interest to the Development Property, or any part thereof, that
during the term of this Agreement the Developer and such successors and assigns will operate, or
cause to be operated, the Project as a multifamily rental housing facility (subject to the limitations
set forth elsewhere in this Agreement) and will devote the Development Property to, and in
accordance with, the uses specified in this Agreement.
20
Section 6.2 Conflicts of Interest. No member of the governing body or other official of
the HRA may have any financial interest, direct or indirect, in this Agreement, the Development
Property or the Project, or any contract, agreement, or other transaction contemplated to occur or
be undertaken thereunder or with respect thereto, nor may any such member of the governing body
or other official participate in any decision relating to the Agreement which affects his or her
personal interests or the interests of any corporation, partnership, or association in which he or she
is directly or indirectly interested. No member, official, or employee of the HRA will be personally
liable to the HRA in the event of any default or breach by the Developer or its successor of any
obligations under the terms of this Agreement.
Section 6.3 Titles of Articles and Sections. Any titles of the several parts, articles, and
sections of the Agreement are inserted for convenience of reference only and must be disregarded
in construing or interpreting any of its provisions.
Section 6.4 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by any party to any
other will be sufficiently given or delivered if it is (i) dispatched by registered or certified mail,
postage prepaid, return receipt requested, (ii) deposited for overnight delivery with a recognizable
courier service, (iii) deposited for same-day delivery with a recognizable courier service, (iv)
delivered by email delivery, or (v) delivered personally, in any event, addressed or delivered to the
addresses set forth below, and in the case of the Developer is addressed to or delivered personally
to:
EP GTS Housing Phase I LLC
Attention: Josh Brandsted
c/o Greco Properties
607 Washington Avenue North, Suite 100
Minneapolis, MN 55401
and
Attention: Kristin Myhre and Shannon Van Gemert
c/o Eagle Ridge Partners
275 Market Street, Suite 184,
Minneapolis, MN 55405
with a copy to:
Winthrop & Weinstine, P.A.
Attention: John Stern
Capella Tower
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
in the case of the HRA is addressed to or delivered personally to the HRA at:
21
Housing and Redevelopment Authority in and for
The City of Eden Prairie
Attention: Community Development Director
Eden Prairie City Hall
8080 Mitchell Road
Eden Prairie, MN 55344-4485
with a copy to:
Gregerson, Rosow, Johnson & Nilan, LTD.
Attention: Maggie Neuville
100 Washington Ave S, Suite 1550
Minneapolis, MN 55401
or at such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other, as provided in this Section. Notices will be deemed
given three (3) business days following deposit, in the case of method (i) above, one (1) business
day following deposit, in the case of method (ii) above, and on the date of delivery, in the case of
methods (iii) through (v) above.
Section 6.5 Counterparts. This Agreement may be executed in any number of
counterparts, each of which will constitute one and the same instrument.
Section 6.6 Law Governing. This Agreement will be governed and construed in
accordance with the laws of the State of Minnesota.
Section 6.7 Provisions Surviving Rescission or Expiration. Sections 3.4(1)(B), 4.5, and
4.6 will survive any rescission, termination, or expiration of this Agreement with respect to or
arising out of any event, occurrence or circumstance existing prior to the date thereof. Section
3.4(1)(A)(1) and (2) will survive any rescission, termination, or expiration of this Agreement with
respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof
until the AMI Extended Termination Date.
Section 6.8 Assignability of Agreement. This Agreement may be assigned only with the
consent of the Executive Director of the HRA, which consent may not be unreasonably withheld,
delayed, or conditioned. The TIF Note may only be assigned pursuant to the terms of the TIF Note.
The Executive Director shall grant or deny requests for consent to assignment of this Agreement
and or the TIF Note in accordance with objective criteria approved by the Board of the HRA, and
shall use good faith efforts to grant or deny requests within twenty business days (20) days after
receipt of request and submission of all information requested by the Executive Director. The
requirement of the consent of the Executive Director of the HRA under this Section shall not apply
in the event of foreclosure, deed-in-lieu of foreclosure or other transfer of the Project or the
Development Property as a result of a financing default, which events shall be governed by Section
6.10.
Section 6.9 Certification by HRA Upon Transfer of the Project. In the event that the
Developer or other transferor sells or transfers the Project or any portion to any person or assigns
22
this Agreement, then, within 15 business days after request, the Executive Director or his/her
designee shall acknowledge and certify whether or not there exists any defaults, events of default,
or conditions which with the passage of time or giving of notice would constitute a default under
this Agreement.
Section 6.10 Financing of the Project. Notwithstanding anything in this Agreement to the
contrary, Developer is authorized, without the approval of HRA, to obtain financing for the Project
and to mortgage the Development Property to provide security for the financing. In the event of
foreclosure, deed-in-lieu of foreclosure or other transfer of the Project or the Development
Property as a result of a financing default, the acquiring party shall not need the approval of the
HRA for the transfer of the Project or the Development Property or the assignment of this
Agreement, and if the acquiring party is the lender, then no approval shall be needed from the
HRA for the subsequent transfer of the Project or the Development Property or the assignment of
this Agreement by the acquiring lender or its affiliates to a third party.
If the HRA delivers any notice or demand to Developer of an Event of Default, the HRA
will use its best efforts to also deliver a copy of such notice or demand to the lender having a
mortgage encumbering the Development Property at the address of such lender provided in the
recorded mortgage or any other address thereafter provided to the HRA in a written notice from
Developer or the lender, provided that failure of the HRA to give any such notice shall not limit
the HRA’s ability to exercise any of its remedies hereunder as long as lender retains the ability to
cure as follows. Upon the occurrence of an Event of Default, a lender having a mortgage will have
the right, at lender’s option, to cure or remedy such Event of Default for a period of one hundred
twenty (120) days after written notice to lender of the Event of Default from the HRA, which time
period shall be extended as long as lender is actively attempting to cure or remedy such Event of
Default.
Section 6.11 Agreement Binding and Transfer of Project or the Development Property.
The terms and provision hereof shall be binding upon, and inure to the benefit of the heirs,
representatives, successors and assigns of the parties hereto, including an acquiring party which
acquires title to the Project or the Development Property through foreclosure, deed in -lieu of
foreclosure or other transfer of the Project or the Development Property as a result of a financing
default, and shall be binding upon all future owners of all or any part of the Project or the
Development Property and shall be deemed covenants running with the land.
Section 6.12 Payment of Administrative Costs. The Developer agrees that it will pay,
within 30 days after written notice from the HRA, the reasonable costs of consultants and attorneys
retained by the HRA in connection with the establishment of the TIF District, any necessary
modification of the TIF Plan for the TIF District, and the negotiation and preparation of this
Agreement and other incidental agreements and documents related to the Project. The HRA will
provide written reports describing the costs accrued under this Section upon request from the
Developer, but not more often than intervals of 45 days. Any amount deposited by the Developer
upon filing its application for tax increment financing with the HRA or deposited later as required
by the HRA will be credited to the Developer’s obligation under this Section. Upon termination
of this Agreement in accordance with its terms, the Developer remains obligated under this section
for such reasonable costs incurred through the effective date of termination.
23
IN WITNESS WHEREOF, the HRA has caused this Agreement to be duly executed in its name
and on its behalf and the Developer has caused this Agreement to be duly executed in its name and
on its behalf, on or as of the date first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF EDEN PRAIRIE, MINNESOTA
By
Ronald A. Case, Chair
By
Rick Getschow, Executive Director
This is a signature page to the Amended and Restated Tax Increment Financing Development
Agreement by and between the HRA of Eden Prairie and EP GTS Housing Phase I LLC
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2023,
by Ronald A. Case, the Chair of the Housing and Redevelopment Authority in and for the City of
Eden Prairie, Minnesota, a political subdivision under the law of the State of Minnesota, on behalf
of the Authority.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _____________, 2023,
by Rick Getschow, the Executive Director of the Housing and Redevelopment Authority in and
for the City of Eden Prairie, Minnesota, a political subdivision under the law of the State of
Minnesota, on behalf of the Authority.
Notary Public
24
EP GTS Housing Phase I LLC,
a Delaware limited liability company
By:
Print:
Its:
This is a signature page to the Amended and Restated Tax Increment Financing Development
Agreement by and between the HRA of Eden Prairie and EP GTS Housing Phase I LLC
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2023,
by ____________________________, the ___________ of EP GTS Housing Phase I LLC a
Delaware limited liability company, on behalf of the company.
Notary Public
Exhibit A-1
EXHIBIT A-1
LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY PHASE I
Lot 1, Block 1, Golden Triangle TOD, according to the recorded plat thereof, Hennepin County,
Minnesota
Exhibit A-2
EXHIBIT A-2
LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY PHASE II
Lot 2, Block 1, Golden Triangle TOD, according to the recorded plat thereof, Hennepin County,
Minnesota
Exhibit B-1
1
EXHIBIT B-1
DEVELOPMENT PROPERTY PHASE I
FORM OF TAX INCREMENT NOTE PHASE I
No. R-1
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EDEN PRAIRIE
TAX INCREMENT REVENUE NOTE OF 2025
TAX INCREMENT FINANCING DISTRICT # 26
WITHIN REDEVELOPMENT PROJECT AREA NO. 5
PRINCIPAL AMOUNT: $9,800,000.00 INTEREST RATE: 5%
The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota
(the “HRA”) hereby acknowledges itself to be indebted and, for value received, promises to pay
to the order of EP GTS Housing Phase I LLC, a Delaware limited liability company or an affiliated
entity (the “Owner”), or its permitted assigns (as such term is defined herein), solely from the
source, to the extent and in the manner hereinafter provided, the principal amount of t his Note,
being Nine Million Eight Hundred Thousand and no/100 Dollars ($9,800,000.00) (the “Principal
Amount”), commencing on August 1, 2025 and continuing on each August 1 and February 1
thereafter up to and including February 1, 2051 (the “Scheduled Payment Dates”). Simple interest
at the rate of five percent (5%) per annum will accrue from the date of this Note on the Principal
Amount and will be paid together with the Principal Amount on each February 1 and August 1.
From and after August 1, 2025, all payments made by the HRA will be applied first to accrued
interest and then to the Principal Amount of this TIF Note Phase I.
This Tax Increment Revenue Note of 2025 (“TIF Note Phase I”) is issued pursuant, and
subject, to the terms and provisions of that certain Amended and Restated Tax Increment
Development Agreement, dated as of ______________, 2023, as the same may be amended from
time to time (the “TIF Development Agreement”), by and between the HRA and Owner.
Exhibit B-1
2
Provided that the Owner has submitted evidence (pursuant to Section 3.3 of the TIF
Development Agreement) to the HRA that costs of Owner’s Site Improvements Phase I for the
Development Property Phase I (as defined in the TIF Development Agreement) have been incurred
and paid by the Owner as provided in the TIF Development Agreement, the principal and interest
amounts due under this TIF Note Phase I (the “TIF Note Phase I Payment Amounts”) will be
payable on August 1, 2025, and on each February 1 and August 1 thereafter to and including the
earlier of the date on which total principal payments equal $9,800,000.00 or February 1, 2051, or,
if the first should not be a Business Day (as defined in the TIF Development Agreement) the next
succeeding Business Day (the “Note Payment Dates”). On each Note Payment Date, the HRA will
pay, by check or draft mailed to the person that was the Registered Owner of this TIF Note Phase
I at the close of the last Business Day preceding such Note Payment Date, the Available Tax
Increments (as defined in the TIF Development Agreement) related to the Development Property
Phase I received by the HRA from the Tax Increment District (as hereinafter defined) since the
preceding Note Payment Date or, in the case of the first Note Payment Date, prior to such first
Note Payment Date, as provided in the TIF Development Agreement. All payments will be first
applied to interest accrued on the TIF Note Phase I and then to the unpaid principal of the TIF
Note Phase I. The HRA will not be required to make any payments on the Note subsequent to the
date on which total principal payments equal $9,800,000.00 or February 1, 2051, whichever is
earlier, and any balance of principal and interest remaining unpaid subsequent thereto will be
deemed forgiven by the Owner. In no event will the total principal paid under this Note exceed
the amount of $9,800,000.00.
TIF Note Phase I will bear simple non-compounding interest from the date of issuance of
the TIF Note Phase I, at five percent (5%) per annum. Interest will be computed on the basis of a
360-day year consisting of twelve (12) 30-day months. The TIF Note Phase I Payment Amounts
due hereon will be payable solely from the Available Tax Increments related to the Development
Property Phase I. This TIF Note Phase I will terminate and be of no further force and effect
following the last Note Payment Date, or any date upon which the HRA has cancelled and
rescinded the TIF Development Agreement pursuant to Section 4.2 thereof, or on the date that all
principal and interest has been paid in full, whichever occurs earliest. The HRA makes no
representation or covenant, express or implied, that the Available Tax Increments will be sufficient
to pay, in whole or in part, the amounts which are or may become due and payable hereunder.
Subject to Section 4.2(8) of the TIF Development Agreement, the HRA’s payment
obligations hereunder are further conditioned on the fact that no Event of Default under the TIF
Development Agreement (and the passing of any applicable cure periods) has occurred and is
continuing at the time payment is otherwise due hereunder, but such unpaid amounts will become
payable if said Event of Default is thereafter cured; and, further, if pursuant to the occurrence of
an Event of Default under the TIF Development Agreement the HRA elects to cancel and rescind
the TIF Development Agreement, the HRA will have no further debt or obligation under this TIF
Note Phase I whatsoever. Reference is hereby made to all of the provisions of the TIF Development
Agreement, including without limitation Sections 3.3 and 4.2(8) thereof, for a fuller statement of
the rights and obligations of the HRA to pay the principal of and interest on this TIF Note Phase
I, and said provisions are hereby incorporated into this TIF Note Phase I as though set out in full
herein; provided, if there is any conflict between the terms of the TIF Development Agreement
and the terms of this TIF Note Phase I, the terms of this TIF Note Phase I will control.
Exhibit B-1
3
This TIF Note Phase I is a special, limited revenue obligation and not a general obligation
of the HRA and is payable by the HRA only from the sources and subject to the qualifications
stated or referenced herein. This Note is not a general obligation of the Housing and
Redevelopment in and for the City of Eden Prairie, Minnesota, and neither the full faith and credit
nor the taxing powers of the City of Eden Prairie are pledged to the payment of the principal of
and interest on this TIF Note Phase I and no property or other asset of the HRA, save and except
the above-referenced Available Tax Increments, is or will be a source of payment of the HRA’s
obligations hereunder.
This TIF Note Phase I is issued by the HRA in aid of financing a project pursuant to and
in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Sections 469.174 through 469.1799.
This TIF Note may be assigned only with the consent of the HRA, which consent may not
be unreasonably withheld, delayed, or conditioned. Consent of the HRA shall mean the consent
of the Executive Director of the HRA, which consent must not be unreasonably withheld or
delayed. The Executive Director shall grant or deny requests for consent to assignment of the TIF
Note in accordance with objective criteria approved by the Board of the HRA. In order to assign
the TIF Note Phase I, the assignee must surrender the same to the HRA either in exchange for a
new fully registered note or for transfer of this TIF Note Phase I on the registration records for the
TIF Note Phase I maintained by the HRA. Each permitted assignee will take this TIF Note Phase
I subject to the foregoing conditions and subject to all provisions stated or referenced herein.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be
performed precedent to and in the issuance of this TIF Note Phase I have been done, have
happened, and have been performed in regular and due form, time, and manner as required by law;
and that this TIF Note Phase I, together with all other indebtedness of the HRA outstanding on the
date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of
the HRA to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the Housing and Redevelopment Authority in and for the City
of Eden Prairie, Minnesota, by its Board of Commissioners, has caused this TIF Note Phase I to
be executed by the manual signatures of its Chair and Executive Director and has caused this Note
to be issued on and dated as of ________________, 202__.
Executive Director
Chair
Exhibit B-1
4
DO NOT EXECUTE UNTIL THE CONSTRUCTION OR THE IMPROVEMENTS HAVE
BEEN COMPLETED AND PAID INVOICES FOR LAND ACQUISITION AND SITE
IMPROVEMENTS PHASE I ARE GIVEN TO THE HRA - REFER TO SECTION 3.3(1).
Exhibit B-1
5
CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Note, as originally issued on __________, 202__,
was on said date registered in the name of EP GTS Housing Phase I LLC, a Delaware limited
liability company, and that, at the request of the Registered Owner of this TIF Note Phase I, the
undersigned has this day registered the TIF Note Phase I in the name of such Registered owner, as
indicated in the registration blank below, on the books kept by the undersigned for such purposes.
NAME AND ADDRESS OF
REGISTERED OWNER
DATE OF
REGISTRATION
SIGNATURE OF
AUTHORIZED OFFICER
EP GTS Housing Phase I LLC
__________, 20__ _______________________
Exhibit B-2
1
EXHIBIT B-2
DEVELOPMENT PROPERTY PHASE II
FORM OF TAX INCREMENT NOTE PHASE II
No. R-1
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EDEN PRAIRIE
TAX INCREMENT REVENUE NOTE OF 2027
TAX INCREMENT FINANCING DISTRICT # 26
WITHIN REDEVELOPMENT PROJECT AREA NO. 5
PRINCIPAL AMOUNT: $7,600,000.00 INTEREST RATE: 5%
The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota
(the “HRA”) hereby acknowledges itself to be indebted and, for value received, promises to pay
to the order of ________________, a Delaware limited liability company or an affiliated entity
(the “Owner”), or its permitted assigns (as such term is defined herein), solely from the source, to
the extent and in the manner hereinafter provided, the principal amount of this Note, being Seven
Million Six Hundred Thousand and no/100 Dollars ($7,600,000.00) (the “Principal Amount”),
commencing on August 1, 2027 and continuing on each August 1 and February 1 thereafter up to
and including February 1, 2051 (the “Scheduled Payment Dates”). Simple interest at the r ate of
five percent (5%) per annum will accrue from the date of this Note on the Principal Amount and
will be paid together with the Principal Amount on each February 1 and August 1. From and after
August 1, 2027, all payments made by the HRA will be applied first to accrued interest and then
to the Principal Amount of this TIF Note Phase II.
This Tax Increment Revenue Note of 2027 (“TIF Note Phase II”) is issued pursuant, and
subject, to the terms and provisions of that certain Amended and Restated Tax Increment
Development Agreement, dated as of _____________, 2023, as the same may be amended from
time to time (the “TIF Development Agreement”), by and between the HRA and Owner.
Provided that the Owner has submitted evidence (pursuant to Section 3.3 of the TIF
Development Agreement) to the HRA that costs of Owner’s Site Improvements Phase II for the
Development Property Phase II (as defined in the TIF Development Agreement) have been
incurred and paid by the Owner as provided in the TIF Development Agreement, the principal and
Exhibit B-2
2
interest amounts due under this TIF Note Phase II (the “TIF Note Phase II Payment Amounts”)
will be payable on August 1, 2027, and on each February 1 and August 1 thereafter to and including
the earlier of the date on which total principal payments equal $7,600,000.00 or February 1, 2051,
or, if the first should not be a Business Day (as defined in the TIF Development Agreement) the
next succeeding Business Day (the “Note Payment Dates”). On each Note Payment Date the HRA
will pay, by check or draft mailed to the person that was the Registered Owner of this TIF Note
Phase II at the close of the last Business Day preceding such Note Payment Date, the Available
Tax Increments (as defined in the TIF Development Agreement) related to the Dev elopment
Property Phase II received by the HRA from the Tax Increment District (as hereinafter defined)
since the preceding Note Payment Date or, in the case of the first Note Payment Date, prior to such
first Note Payment Date, as provided in the TIF Development Agreement. All payments will be
first applied to interest accrued on the TIF Note Phase II and then to the unpaid principal of the
TIF Note Phase II. The HRA will not be required to make any payments on the Note subsequent
to the date on which total principal payments equal $7,600,000.00 or February 1, 2051, whichever
is earlier, and any balance of principal and interest remaining unpaid subsequent thereto will be
deemed forgiven by the Owner. In no event will the total principal paid under this Note exceed
the amount of $7,600,000.00.
TIF Note Phase II will bear simple non-compounding interest from the date of issuance of
the TIF Note Phase II, at five percent (5%) per annum. Interest will be computed on the basis of
a 360-day year consisting of twelve (12) 30-day months. The TIF Note Phase II Payment Amounts
due hereon will be payable solely from the Available Tax Increments related to the Development
Property Phase II. This TIF Note Phase II will terminate and be of no further force and effect
following the last Note Payment Date, or any date upon which the HRA has cancelled and
rescinded the TIF Development Agreement pursuant to Section 4.2 thereof, or on the date that all
principal and interest has been paid in full, whichever occurs earliest. The HRA makes no
representation or covenant, express or implied, that the Available Tax Increments will be sufficient
to pay, in whole or in part, the amounts which are or may become due and payable hereunder.
Subject to Section 4.2(8) of the TIF Development Agreement, the HRA’s payment
obligations hereunder are further conditioned on the fact that no Event of Default under the TIF
Development Agreement (and the passing of any applicable cure periods) has occurred and is
continuing at the time payment is otherwise due hereunder, but such unpaid amounts will become
payable if said Event of Default is thereafter cured; and, further, if pursuant to the occurrence of
an Event of Default under the TIF Development Agreement the HRA elects to cancel and rescind
the TIF Development Agreement, the HRA will have no further debt or obligation under this TIF
Note Phase II whatsoever. Reference is hereby made to all of the provisions of the TIF
Development Agreement, including without limitation Sections 3.3 and 4.2(8) thereof, for a fuller
statement of the rights and obligations of the HRA to pay the principal of and interest on this TIF
Note Phase II, and said provisions are hereby incorporated into this TIF Note Phase II as though
set out in full herein; provided, if there is any conflict between the terms of the TIF Development
Agreement and the terms of this TIF Note Phase II, the terms of this TIF Note Phase II will control.
This TIF Note Phase II is a special, limited revenue obligation and not a general obligation
of the HRA and is payable by the HRA only from the sources and subject to the qualifications
stated or referenced herein. This Note is not a general obligation of the Housing and
Exhibit B-2
3
Redevelopment in and for the City of Eden Prairie, Minnesota, and neither the full faith and credit
nor the taxing powers of the City of Eden Prairie are pledged to the payment of the principal of
and interest on this TIF Note Phase II and no property or other asset of the HRA, save and except
the above-referenced Available Tax Increments, is or will be a source of payment of the HRA’s
obligations hereunder.
This TIF Note Phase II is issued by the HRA in aid of financing a project pursuant to and
in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Sections 469.174 through 469.1799.
This TIF Note may be assigned only with the consent of the HRA, which consent may not
be unreasonably withheld, delayed, or conditioned. Consent of the HRA shall mean the consent
of the Executive Director of the HRA, which consent must not be unreasonably withheld or
delayed. The Executive Director shall grant or deny requests for consent to assignment of the TIF
Note in accordance with objective criteria approved by the Board of the HRA. In order to assign
the TIF Note Phase II, the assignee must surrender the same to the HRA either in exchange for a
new fully registered note or for transfer of this TIF Note Phase II on the registration records for
the TIF Note Phase II maintained by the HRA. Each permitted assignee will take this TIF Note
Phase II subject to the foregoing conditions and subject to all provisions stated or referenced
herein.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be
performed precedent to and in the issuance of this TIF Note Phase II have been done, have
happened, and have been performed in regular and due form, time, and manner as required by law;
and that this TIF Note Phase II, together with all other indebtedness of the HRA outstanding on
the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness
of the HRA to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the Housing and Redevelopment Authority in and for the City
of Eden Prairie, Minnesota, by its Board of Commissioners, has caused this TIF Note Phase II to
be executed by the manual signatures of its Chair and Executive Director and has caused this Note
to be issued on and dated as of ________________, 202__.
Executive Director
Chair
DO NOT EXECUTE UNTIL THE CONSTRUCTION OR THE IMPROVEMENTS HAVE
BEEN COMPLETED AND PAID INVOICES FOR LAND ACQUISITION AND SITE
IMPROVEMENTS PHASE II ARE GIVEN TO THE HRA - REFER TO SECTION 3.3(1).
Exhibit B-2
4
CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Note, as originally issued on __________, 202__,
was on said date registered in the name of ________________, a Delaware limited liability
company, and that, at the request of the Registered Owner of this TIF Note Phase II, the
undersigned has this day registered the TIF Note Phase II in the name of such Registered owner,
as indicated in the registration blank below, on the books kept by the undersigned for such
purposes.
NAME AND ADDRESS OF
REGISTERED OWNER
DATE OF
REGISTRATION
SIGNATURE OF
AUTHORIZED OFFICER
________________
__________, 20__ _______________________
Exhibit C
EXHIBIT C
SITE IMPROVEMENTS
DEVELOPMENT PROPERTIES PHASE I AND PHASE II
Construction of Affordable Housing
Landscaping, including irrigation
Grading/earthwork
Engineering
Survey
Environmental Testing
Soil Borings
Site Preparation
Onsite and offsite Utilities
Storm Water/Ponding
Outdoor Lighting
Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements
Structured Parking
Exhibit D
EXHIBIT D
MULTIFAMILY RENT AND INCOME LIMITS1
1 NTD: To be updated with current Multifamily Rent and Income Limits as of execution .
Exhibit E-1
1
EXHIBIT E-1
AFFORDABLE UNIT COMPLIANCE CERTIFICATE
DEVELOPMENT PROPERTY PHASE I
The undersigned does hereby certify that as of the date of this Certificate not less than 20%
of the residential units in the project located at ______________________, Eden Prairie,
Minnesota (the “Project”) are occupied by individuals whose income is 50% or less of the
Hennepin County median income or who are otherwise income-qualified under Section 142(d) of
the Internal Revenue Code. The following Units are the Affordable Units as defined in the Tax
Increment Development Agreement:
1. Unit No. _____ Unit Type* _____ 26. Unit No. _____ Unit Type* _____
2. Unit No. _____ Unit Type* _____ 27. Unit No. _____ Unit Type* _____
3. Unit No. _____ Unit Type* _____ 28. Unit No. _____ Unit Type* _____
4. Unit No. _____ Unit Type* _____ 29. Unit No. _____ Unit Type* _____
5. Unit No. _____ Unit Type* _____ 30. Unit No. _____ Unit Type* _____
6. Unit No. _____ Unit Type* _____ 31. Unit No. _____ Unit Type* _____
7. Unit No. _____ Unit Type* _____ 32. Unit No. _____ Unit Type* _____
8. Unit No. _____ Unit Type* _____ 33. Unit No. _____ Unit Type* _____
9. Unit No. _____ Unit Type* _____ 34. Unit No. _____ Unit Type* _____
10. Unit No. _____ Unit Type* _____ 35. Unit No. _____ Unit Type* _____
11. Unit No. _____ Unit Type* _____ 36. Unit No. _____ Unit Type* _____
12. Unit No. _____ Unit Type* _____ 37. Unit No. _____ Unit Type* _____
13. Unit No. _____ Unit Type* _____ 38. Unit No. _____ Unit Type* _____
14. Unit No. _____ Unit Type* _____ 39. Unit No. _____ Unit Type* _____
15. Unit No. _____ Unit Type* _____ 40. Unit No. _____ Unit Type* _____
16. Unit No. _____ Unit Type* _____ 41. Unit No. _____ Unit Type* _____
17 Unit No. _____ Unit Type* _____ 42. Unit No. _____ Unit Type* _____
18 Unit No. _____ Unit Type* _____ 43. Unit No. _____ Unit Type* _____
19. Unit No. _____ Unit Type* _____ 44. Unit No. _____ Unit Type* _____
20. Unit No. _____ Unit Type* _____ 45. Unit No. _____ Unit Type* _____
21. Unit No. _____ Unit Type* _____ 46. Unit No. _____ Unit Type* _____
22. Unit No. _____ Unit Type* _____ 47. Unit No. _____ Unit Type* _____
23. Unit No. _____ Unit Type* _____ 48. Unit No. _____ Unit Type* _____
24. Unit No. _____ Unit Type* _____ 49. Unit No. _____ Unit Type* _____
Dated this ________day of ____________, 20_______.
By:
Its:
*Indicate: S for Studio Unit; 1BR for 1 Bedroom Unit; 2BR for 2 Bedroom Unit, or 3BR for 3 Bedroom Unit
Exhibit E-1
2
FOR EACH AFFORDABLE UNIT PROVIDE THE FOLLOWING INFORMATION:
UNIT ____:
20__ [insert current year]
INCOME CERTIFICATION
Residents Legal Name(s):
1. __________________________________
2. __________________________________
It is our determination that the above annual income levels by household size identified on this
Exhibit E-1 fall within the qualifying limits of the respective Section 3.4(1)(A) and Section 142(d)
of the Internal Revenue Code) (as applicable) of the Area Median Income for Hennepin County in
20___ as provided by the Minnesota Housing Finance Agency. Household incomes includes
social security benefits.
I declare that this certification is correct and complete to the best of my knowledge and belief and that the
determination of qualification was made in compliance with Section 142(d) of the Internal Revenue Code.
Dated this ________day of ____________, 20_______.
By:
Its:
Exhibit E-2
1
EXHIBIT E--2
AFFORDABLE UNIT COMPLIANCE CERTIFICATE
DEVELOPMENT PROPERTY PHASE II
The undersigned does hereby certify that as of the date of this Certificate not less than 20%
of the residential units in the project located at ______________________, Eden Prairie,
Minnesota (the “Project”) are occupied by individuals whose income is 50% or less of the
Hennepin County median income or who are otherwise income-qualified under Section 142(d) of
the Internal Revenue Code. The following Units are the Affordable Units as defined in the Tax
Increment Development Agreement:
1. Unit No. _____ Unit Type* _____ 26. Unit No. _____ Unit Type* _____
2. Unit No. _____ Unit Type* _____ 27. Unit No. _____ Unit Type* _____
3. Unit No. _____ Unit Type* _____ 28. Unit No. _____ Unit Type* _____
4. Unit No. _____ Unit Type* _____ 29. Unit No. _____ Unit Type* _____
5. Unit No. _____ Unit Type* _____ 30. Unit No. _____ Unit Type* _____
6. Unit No. _____ Unit Type* _____ 31. Unit No. _____ Unit Type* _____
7. Unit No. _____ Unit Type* _____ 32. Unit No. _____ Unit Type* _____
8. Unit No. _____ Unit Type* _____ 33. Unit No. _____ Unit Type* _____
9. Unit No. _____ Unit Type* _____ 34. Unit No. _____ Unit Type* _____
10. Unit No. _____ Unit Type* _____ 35. Unit No. _____ Unit Type* _____
11. Unit No. _____ Unit Type* _____ 36. Unit No. _____ Unit Type* _____
12. Unit No. _____ Unit Type* _____ 37. Unit No. _____ Unit Type* _____
13. Unit No. _____ Unit Type* _____ 38. Unit No. _____ Unit Type* _____
14. Unit No. _____ Unit Type* _____
15. Unit No. _____ Unit Type* _____
16. Unit No. _____ Unit Type* _____
17 Unit No. _____ Unit Type* _____
18 Unit No. _____ Unit Type* _____
19. Unit No. _____ Unit Type* _____
20. Unit No. _____ Unit Type* _____
21. Unit No. _____ Unit Type* _____
22. Unit No. _____ Unit Type* _____
23. Unit No. _____ Unit Type* _____
24. Unit No. _____ Unit Type* _____
Dated this ________day of ____________, 20_______.
By:
Its:
*Indicate: S for Studio Unit; 1BR for 1 Bedroom Unit; 2BR for 2 Bedroom Unit, or 3BR for 3 Bedroom Unit
Exhibit E-2
2
FOR EACH AFFORDABLE UNIT PROVIDE THE FOLLOWING INFORMATION:
UNIT ____:
20__ [insert current year]
INCOME CERTIFICATION
Residents Legal Name(s):
1. __________________________________
2. __________________________________
It is our determination that the above annual income levels by household size identified on this
Exhibit E-2 fall within the qualifying limits of the respective Section 3.4(1)(A) and Section 142(d)
of the Internal Revenue Code) (as applicable) of the Area Median Income for Hennepin County in
20___ as provided by the Minnesota Housing Finance Agency. Household incomes includes
social security benefits.
I declare that this certification is correct and complete to the best of my knowledge and belief and that the
determination of qualification was made in compliance with Section 142(d) of the Internal Revenue Code.
Dated this ________day of ____________, 20_______.
By:
Its:
Exhibit F
EXHIBIT F
AFFORDABLE UNIT RENT ROLL CERTIFICATE
DEVELOPMENT PROPERTY PHASE I AND PHASE II
RENT ROLL
Apartment Name Complex
Address
Rent Limits mm/dd/yyyy to mm/dd/yyyy
Rent
Limits:
Units Studio 1
Bedroom
2
Bedroom
3
Bedroom
Affordable
@ 50% of
Median
$ $ $
Apartment
Number
Number
of
Bedroom
s
Style Househo
ld Size
Market
Rent
Max Rent
50% of
Median
Application
Date
YYYY Initial
Gross Annual
Income
YYYY Initial Income
Limit
Exhibit G-1
1
EXHIBIT G-1
DEVELOPMENT PROPERTY PHASE I
INCLUSIONARY UNIT COMPLIANCE CERTIFICATE
The undersigned does hereby certify that as of the date of this Certificate not less than
twelve (12) of the residential units in the project located at _____________________, Eden
Prairie, Minnesota (the “Project”) are occupied by individuals whose income is 80% or less of the
Hennepin County area median income or who are otherwise income-qualified under Eden Prairie’s
Inclusionary Housing Ordinance. The following Units are the Inclusionary Units as defined in the
Tax Increment Development Agreement:
1. Unit No. _____ Unit Type* _____ 80%
2. Unit No. _____ Unit Type* _____ 80%
3. Unit No. _____ Unit Type* _____ 80%
4. Unit No. _____ Unit Type* _____ 80%
5. Unit No. _____ Unit Type* _____ 80%
6. Unit No. _____ Unit Type* _____ 80%
7. Unit No. _____ Unit Type* _____ 80%
8. Unit No. _____ Unit Type* _____ 80%
9. Unit No. _____ Unit Type* _____ 80%
10. Unit No. _____ Unit Type* _____ 80%
11. Unit No. _____ Unit Type* _____ 80%
12. Unit No. _____ Unit Type* _____ 80%
Dated this ________day of ____________, 20_______.
By:
Its:
*Indicate: S for Studio Unit; 1BR for 1 Bedroom Unit; 2BR for 2 Bedroom Unit or 3BR for 3 Bedroom Unit.
Exhibit G-1
2
FOR EACH INCLUSIONARY UNIT PROVIDE THE FOLLOWING INFORMATION:
UNIT ____:
20__ [insert current year]
INCOME CERTIFICATION
Residents Legal Name(s):
1. __________________________________
2. __________________________________
It is our determination that the above annual income levels by household size identified on this
Exhibit G-2 fall within the qualifying limits of Section 3.4(1)(B) and Eden Prairie’s Inclusionary
Housing Ordinance with respect to the Area Median Income for Hennepin County in 20___ as
provided by the Minnesota Housing Finance Agency. Household incomes includes social security
benefits.
I declare that this certification is correct and complete to the best of my knowledge and belief.
Dated this ________day of ____________, 20_______.
By:
Its:
Exhibit G-2
1
EXHIBIT G-2
DEVELOPMENT PROPERTY PHASE II
INCLUSIONARY UNIT COMPLIANCE CERTIFICATE
The undersigned does hereby certify that as of the date of this Certificate not less than
twelve (12) of the residential units in the project located at _____________________, Eden
Prairie, Minnesota (the “Project”) are occupied by individuals whose income is 80% or less of the
Hennepin County area median income or who are otherwise income-qualified under Eden Prairie’s
Inclusionary Housing Ordinance. The following Units are the Inclusionary Units as defined in the
Tax Increment Development Agreement:
1. Unit No. _____ Unit Type* _____ 80%
2. Unit No. _____ Unit Type* _____ 80%
3. Unit No. _____ Unit Type* _____ 80%
4. Unit No. _____ Unit Type* _____ 80%
5. Unit No. _____ Unit Type* _____ 80%
6. Unit No. _____ Unit Type* _____ 80%
7. Unit No. _____ Unit Type* _____ 80%
8. Unit No. _____ Unit Type* _____ 80%
9. Unit No. _____ Unit Type* _____ 80%
Dated this ________day of ____________, 20_______.
By:
Its:
*Indicate: S for Studio Unit; 1BR for 1 Bedroom Unit; 2BR for 2 Bedroom Unit or 3BR for 3
Bedroom Unit.
Exhibit G-2
2
FOR EACH INCLUSIONARY UNIT PROVIDE THE FOLLOWING INFORMATION:
UNIT ____:
20__ [insert current year]
INCOME CERTIFICATION
Residents Legal Name(s):
1. __________________________________
2. __________________________________
It is our determination that the above annual income levels by household size identified on this
Exhibit G-2 fall within the qualifying limits of Section 3.4(1)(B) or Eden Prairie City Code §
13.03, subd. 4 with respect to the Area Median Income for Hennepin County in 20___ as provided
by the Minnesota Housing Finance Agency. Household incomes includes social security benefits.
I declare that this certification is correct and complete to the best of my knowledge and belief.
Dated this ________day of ____________, 20_______.
By:
Its:
Exhibit H
EXHIBIT H
DEVELOPMENT PROPERTY PHASE I AND PHASE II
INCLUSIONARY UNIT RENT ROLL CERTIFICATE
Rent Limits: Units Studio 1 Bedroom 2 Bedroom
3 Bedroom
Affordable @
80% of Median
$ $
Apartment
Number
Number of
Bedrooms
Style Household
Size
Market Rent Application
Date
YYYY Initial
Gross Annual
Income
YYYY Initial
Income Limit
Exhibit I
1
EXHIBIT I
DEVELOPMENT PROPERTY PHASE I AND PHASE II
INCOME CERTIFICATION
CONFIDENTIAL
CITY OF EDEN PRAIRIE
TIF DISTRICT: TIF 26
DATE OF TIF AGREEMENT: _________________________
PROPERTY NAME: ________________
ADDRESS: _______________________, Eden Prairie, Minnesota
UNIT #__________
The below annual income levels by household size represent incomes that are at [50% or
80% - select based on Affordable or Inclusionary Unit] of the Area Median Income for Hennepin
County in 20___ as published by the Minnesota Housing Finance Agency. Household incomes
includes social security benefits.
20__ [insert current year]
INCOME CERTIFICATION
Residents Legal Name(s): 1. __________________________________
2. __________________________________
Combined household income is: (please identify household size and income)
Number of individuals in household ___________
Household Income is: $ _____________________
I declare that this certification is correct and complete to the best of my knowledge and belief.
______________________________
Resident’s Signature (1)
______________________________
Resident’s Signature (2)
______________________________
Print Name of Resident (1)
______________________________
Print Name of Resident (2)
_______________________________
Date
_______________________________
Date
_____________________________________
Resident’s Responsible Party/POA Signature (if
____________________
Date
Exhibit I
2
applicable)
____________________________________________
Resident’s Responsible Party/POA Signature (if
applicable – please print)
Exhibit J-1
1
EXHIBIT J-1
FORM OF ASSESSMENT AGREEMENT
DEVELOPMENT PROPERTY PHASE I
ASSESSMENT AGREEMENT
THIS AGREEMENT is dated as of ______________, 2023 and is between the Housing
and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public body
corporate and politic organized and existing under the laws of the State of Minnesota (the “HRA”),
and EP GTS Housing Phase I LLC, a Delaware limited liability company (the “Owner”).
IN CONSIDERATION OF the mutual covenants and benefits herein described, the
HRA and the Owner recite and agree as follows:
Section 1. Recitals.
1.01. Project Plan. The HRA has heretofore developed a Redevelopment Plan
(the “Project Plan”) outlining certain development activities to be undertaken and has adopted a
Redevelopment Plan therefor (the “Redevelopment Plan”), which includes the construction of a
residential rental building and related site improvements (the “Project Phase I”) to be constructed
on the real property described in Exhibit A hereto (the “Land”). The Project Phase I is to be owned
by the Owner.
1.02. Tax Increment Financing District. Pursuant to the Minnesota Tax
Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1799, as amended (the “TIF
Act”), the City and the HRA have approved a tax increment financing plan (the “Financing Plan”),
which is the proposed method for financing the development activities currently proposed to be
undertaken relating to the Project Phase I. Pursuant to the Financing Plan, the Tax Increment
Financing District Number 26, GT Housing, has been established as a housing district under the
TIF Act.
1.03. Implementation. The HRA and the City of Eden Prairie, Minnesota (the
“City”), have each authorized and directed their respective officers to take all actions necessary to
implement and carry out the Project Plan and the Financing Plan. The Project Plan and the
Financing Plan propose that the HRA finance certain costs of or related to the Project, payable
from tax increment (as defined in the TIF Act) derived from the District (“Tax Increment”).
1.04. TIF Development Agreement. The HRA and the Owner have entered into
an Amended and Restated Tax Increment Development Agreement dated ____________, 2023
(the “TIF Development Agreement”), which provides, among other things, that the Owner will
improve the Land by the construction of the Project Phase I thereon. Section 3.5 of the TIF
Development Agreement provides that the HRA and Owner are to enter into this Assessment
Agreement contemporaneous with the TIF Development Agreement.
Section 2. Minimum Market Value.
Exhibit J-1
2
2.01. Agreed Upon Minimum. The Owner agrees that the minimum market value
of the Development Property Phase I (including the Land and all improvements thereon) for ad
valorem tax purposes for the assessment made as of January 2, 2026 will be not less than
$66,360,000. The market value of Development Property Phase I will not be reduced by any action
taken by the Owner (other than a deed in lieu of, or under threat of, condemnation by the City of
Eden Prairie, Hennepin County or other condemning authority) to less than the said minimum
market value, and that during the term of this Assessment Agreement no reduction of the market
value therefor below said minimum market values may be sought by the Owner or granted by any
public official or court except in accordance with Minnesota Statutes, Section 469.177, subdivision
8. This minimum market values will apply only to the Land, the Project Phase I, and any other
improvements situated on the Land. In the event of involuntary conversion of the Land and the
Project for any reason (other than condemnation by a public entity), the minimum market values
will not be reduced to an amount less than said minimum market values.
The Owner acknowledges and agrees that the Land and the Project Phase I a re
subject to ad valorem property taxation and that such property taxes constitute taxes on “real
property” (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the
extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax
capacity of the District, tax increment.
2.02. Higher Market Value. Nothing in this Assessment Agreement will limit the
discretion of the City Assessor of the City of Eden Prairie or any other public official or body
having the duty to determine the market value of the Land, the Project, and other facilities on the
Land for ad valorem tax purposes, to assign to the Land, the Project or to any other improvements
constructed on the Land, on a nondiscriminatory basis and treated fairly and equally with all other
property so classified in the respective counties, a market value in excess of the minimum market
value specified in Section 2.01. The Owner agrees not to contest any estimated assessor’s
estimated value in excess of said minimum market value.
2.03. Substantial Completion. For purposes of this Assessment Agreement and
the determination of the market value of the Land and the Project Phase I for ad valorem tax
purposes, the Owner agrees that the Project Phase I will be deemed to be completed in accordance
with the TIF Development Agreement as of December 31, 2025 (the required date of completion),
whether in fact completed or not.
Section 3. Filing and Certification.
3.01. Assessor Certification. The HRA will present this Assessment Agreement
to the City Assessor of the City of Eden Prairie and request such assessor to execute the
certification attached hereto as Exhibit C. The Owner will provide to the assessor all information
relating to the Land and the Project requested by the assessor for the purposes of discharging the
assessor’s duties with respect to the certification.
3.02. Filing. Prior to the recording of any mortgage, security agreement or other
instrument creating a lien on the Land and in any event not less than 30 days after the execution
of this Assessment Agreement, the Owner must cause this Assessment Agreement and a copy of
Minnesota Statutes, Section 469.177, subdivision 8, attached hereto as Exhibit B, to be recorded
Exhibit J-1
3
in the office of the County Recorder or Registrar of Titles of Hennepin County, and must pay all
costs of such recording.
Section 4. Relation to TIF Development Agreement. The covenants and
agreements made by the Owner in this Assessment Agreement are separate from and in addition
to the covenants and agreements made by the Owner in the TIF Development Agreement and
nothing contained herein will in any way alter, diminish, or supersede the duties and obligations
of the Owner under the TIF Development Agreement.
Section 5. Miscellaneous Provisions.
5.01. Binding Effect. This Assessment Agreement will inure to the benefit of and
will be binding upon the HRA and the Owner and their respective successors and assigns, and
upon all subsequent owners of the Land and the Project.
5.02. Severability. In the event any provision of this Assessment Agreement is
held invalid or unenforceable by any court of competent jurisdiction, such holding will not
invalidate or render unenforceable any other provision hereof.
5.03. Amendments, Changes and Modifications. Except as provided in
Section 5.04, this Assessment Agreement may be amended or any of its terms modified only by
written amendment authorized and executed by the HRA and the Owner and otherwise in
compliance with Section 469.177, subdivision 8 of the Act.
5.04. Further Assurances and Corrective Instruments. The HRA and the Owner
agree that they will, from time to time, execute, acknowledge, and deliver, or cause to be executed,
acknowledged, or delivered, such supplements hereto and such further instruments as may
reasonably be required for correcting any inadequate or incorrect description of the Land or the
Project, or for carrying out the expressed intention of this Assessment Agreement.
5.05. Execution Counterparts. This Assessment Agreement may be
simultaneously executed in several counterparts, each of which will be an original and all of which
will constitute but one and the same instrument.
5.06. Applicable Law. This Assessment Agreement is governed by and must be
construed in accordance with the laws of the State of Minnesota.
5.07. Captions. The captions or headings in this Assessment Agreement are for
convenience only and in no way define, limit, or describe the scope or intent of any provisions or
Sections of this Assessment Agreement.
5.08. Effective Date. This Assessment Agreement will be effective as of the date
first written above.
5.09. Termination Date. This Assessment Agreement will terminate upon the
termination of the District in accordance with Minnesota Statutes Section 469.176.
Exhibit J-1
4
5.10. Definitions. Terms used with initial capital letters but not defined herein
will have the meanings given such terms in the TIF Development Agreement unless the context
hereof clearly requires otherwise.
IN WITNESS WHEREOF, the HRA has caused this Assessment Agreement to be
executed in its name by its duly authorized officers and the Owner has caused this Assessment
Agreement to be executed in its corporate name.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF EDEN PRAIRIE, MINNESOTA
By
Its Chair
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of ___________,
2023, by Ronald A. Case, the Chair and Rick Getschow, the Executive Director respectively of
the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public
body corporate and politic organized and existing under the laws of the State of Minnesota, on
behalf of the public body.
Notary Public
Exhibit J-1
5
EP GTS Housing Phase I LLC,
a Delaware limited liability company
By
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of ___________,
2023, by _____________________________________________, the _________ of EP GTS
Housing Phase I LLC, a Delaware limited liability company, on behalf of the company.
Notary Public
Exhibit J-1
6
EXHIBIT A TO ASSESSMENT AGREEMENT
DEVELOPMENT PROPERTY PHASE I
DESCRIPTION OF LAND
Lot 1, Block 1, Golden Triangle TOD, according to the recorded plat thereof, Hennepin County,
Minnesota.
Exhibit J-1
7
EXHIBIT B TO ASSESSMENT AGREEMENT
COPY OF MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8
Assessment agreements. An authority may enter into a written assessment agreement with any
person establishing a minimum market value of land, existing improvements, or improvements to
be constructed in a district, if the property is owned or will be owned by the person. The minimum
market value established by an assessment agreement may be fixed, or increase or decrease in later
years from the initial minimum market value. If an agreement is fully executed before July 1 of
an assessment year, the market value as provided under the agreement must be used by the county
or local assessor as the taxable market value of the property for that assessment. Agreements
executed on or after July 1 of an assessment year become effective for assessment purposes in the
following assessment year. An assessment agreement terminates on the earliest of the date on
which conditions in the assessment agreement for termination are satisfied, the termination date
specified in the agreement, or the date when tax increment is no longer paid to the authority under
section 469.176, subdivision 1. The assessment agreement shall be presented to the county
assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the
tax increment financing district and the property that is the subject of the agreement is located.
The assessor shall review the plans and specifications for the improvements to be constructed,
review the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the
assessment of the above described property, certifies that the market
values assigned to the land and improvements are reasonable.
The assessment agreement shall be filed for record and recorded in the office of the county recorder
or the registrar of titles of each county where the real estate or any part thereof is situated. After
the agreement becomes effective for assessment purposes, the assessor shall value the property
under section 273.11, except that the market value assigned shall not be less than the minimum
market value established by the assessment agreement. The assessor may assign a market value
to the property in excess of the minimum market value established by the assessment agreement.
The owner of the property may seek, through the exercise of administrative and legal remedies, a
reduction in market value for property tax purposes, but no city assessor, county assessor, county
auditor, board of review, board of equalization, commissioner of revenue, or court of this state
shall grant a reduction of the market value below the minimum market value established by the
assessment agreement during the term of the agreement filed of record regardless of actual market
values which may result from incomplete construction of improvements, destruction, or
diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition
of the property by a public entity. Recording an assessment agreement constitutes notice of the
agreement to anyone who acquires any interest in the land or improvements that is subject to the
assessment agreement, and the agreement is binding upon them.
An assessment agreement may be modified or terminated by mutual consent of the current parties
to the agreement. Modification or termination of an assessment agreement must be approved by
Exhibit J-1
8
the governing body of the municipality. If the estimated market value for the property for the most
recently available assessment is less than the minimum market value established by the assessment
agreement for that or any later year and if bond counsel does not conclude that termination of the
agreement is necessary to preserve the tax exempt status of outstanding bonds or refunding bonds
to be issued, the modification or termination of the assessment agreement also must be approved
by the governing bodies of the county and the school district. A document modifying or
terminating an agreement, including records of the municipality, county, and school district
approval, must be filed for record. The assessor’s review and certification is not required if the
document terminates an agreement. A change to an agreement not fully executed before July 1 of
an assessment year is not effective for assessment purposes for that assessment year. If an
assessment agreement has been modified or prematurely terminated, a person may seek a reduction
in market value or tax through the exercise of any administrative or legal remedy. The remedy
may not provide for reduction of the market value below the minimum provided under a modified
assessment agreement that remains in effect. In no event may a reduction be sought for a year
other than the current taxes payable year.
Exhibit J-1
9
EXHIBIT C-1 TO ASSESSMENT AGREEMENT –
DEVELOPMENT PROPERTY PHASE I
ASSESSOR’S CERTIFICATE
The undersigned, being the duly qualified and acting assessor of the City of Eden Prairie,
Minnesota, hereby certifies that.
1. I am the assessor responsible for the assessment of the Land described in the
foregoing Exhibit A;
2. I have read the foregoing Assessment Agreement dated as of __________, 2023;
3. I have received and read a duplicate original of the Amended and Restated TIF
Development Agreement referred to in the Assessment Agreement;
4. I have received and reviewed the architectural and engineering plans and
specifications for the Project Phase I agreed to be constructed on the Land pursuant to the TIF
Development Agreement;
5. I have received and reviewed an estimate prepared by the Owner of the cost of the
Land and the Project to be constructed thereon;
6. I have reviewed the market value previously assigned to the Land on which the
Project Phase I is to be constructed, and the minimum market value to be assigned to the Land and
the Project Phase I by the Assessment Agreement is a reasonable estimate; and
7. I hereby certify that the market value assigned to the Land and the Project Phase I
described on the foregoing Exhibit A by the Assessment Agreement is reasonable and the market
value assigned to the Land and the Project, for the assessment January 2, 2026, will be not less
than $66,360,000.00.
Dated _____________________.
____________________________________
City Assessor, City of Eden Prairie,
Minnesota
Exhibit J-2
1
EXHIBIT J-2
FORM OF ASSESSMENT AGREEMENT
DEVELOPMENT PROPERTY PHASE II
ASSESSMENT AGREEMENT
THIS AGREEMENT is dated as of _____________, 2023 and is between the Housing and
Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public body corporate
and politic organized and existing under the laws of the State of Minnesota (the “HRA”), and GTS
Housing Phase I LLC, a Delaware limited liability company (the “Owner”).
IN CONSIDERATION OF the mutual covenants and benefits herein described, the
HRA and the Owner recite and agree as follows:
Section 6. Recitals.
6.01. Project Plan. The HRA has heretofore developed a Redevelopment Plan
(the “Project Plan”) outlining certain development activities to be undertaken and has adopted a
Redevelopment Plan therefor (the “Redevelopment Plan”), which includes the construction of a
residential rental building and related site improvements (the “Project Phase II”) to be constructed
on the real property described in Exhibit A hereto (the “Land”). The Project Phase II is to be
owned by the Owner.
6.02. Tax Increment Financing District. Pursuant to the Minnesota Tax
Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1799, as amended (the “TIF
Act”), the City and the HRA have approved a tax increment financing plan (the “Financing Plan”),
which is the proposed method for financing the development activities currently proposed to be
undertaken relating to the Project Phase II. Pursuant to the Financing Plan, the Tax Increment
Financing District Number 26, GT Housing, has been established as a housing district under the
TIF Act.
6.03. Implementation. The HRA and the City of Eden Prairie, Minnesota (the
“City”), have each authorized and directed their respective officers to take all actions necessary to
implement and carry out the Project Plan and the Financing Plan. The Project Plan and the
Financing Plan propose that the HRA finance certain costs of or related to the Project, payable
from tax increment (as defined in the TIF Act) derived from the District (“Tax Increment”).
6.04. TIF Development Agreement. The HRA and the Owner (or Owner’s
predecessor-in-interest) have entered into a Amended and Restated Tax Increment Development
Agreement dated _____________, 2023 (the “TIF Development Agreement”), which provides,
among other things, that the Owner will improve the Land by the construction of the Project Phase
II thereon. Section 3.5 of the TIF Development Agreement provides that the HRA and Owner are
to enter into this Assessment Agreement contemporaneous with execution of the TIF Development
Agreement.
Exhibit J-2
2
Section 7. Minimum Market Value.
7.01. Agreed Upon Minimum. The Owner agrees that the minimum market value
of the Development Property Phase II (including the Land and all improvements thereon) for ad
valorem tax purposes for the assessment made as of January 2, 2028 will be not less than
$52,640,000. The market value of Development Property Phase II will not be reduced by any
action taken by the Owner (other than a deed in lieu of, or under threat of, condemnation by the
City of Eden Prairie, Hennepin County or other condemning authority) to less than the said
minimum market value, and that during the term of this Assessment Agreement no reduction of
the market value therefor below said minimum market values may be sought by the Owner or
granted by any public official or court except in accordance with Minnesota Statutes,
Section 469.177, subdivision 8. This minimum market values will apply only to the Land, the
Project Phase II, and any other improvements situated on the Land. In the event of involuntary
conversion of the Land and the Project for any reason (other than condemnation by a public entity),
the minimum market values will not be reduced to an amount less than said minimum market
values.
The Owner acknowledges and agrees that the Land and the Project Phase II are
subject to ad valorem property taxation and that such property taxes constitute taxes on “real
property” (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the
extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax
capacity of the District, tax increment.
7.02. Higher Market Value. Nothing in this Assessment Agreement will limit the
discretion of the City Assessor of the City of Eden Prairie or any other public official or body
having the duty to determine the market value of the Land, the Project, and other facilities on the
Land for ad valorem tax purposes, to assign to the Land, the Project or to any other improvements
constructed on the Land, on a nondiscriminatory basis and treated fairly and equally with all other
property so classified in the respective counties, a market value in excess of the minimum market
value specified in Section 2.01. The Owner agrees not to contest any estimated assessor’s
estimated value in excess of said minimum market value.
7.03. Substantial Completion. For purposes of this Assessment Agreement and
the determination of the market value of the Land and the Project Phase II for ad valorem tax
purposes, the Owner agrees that the Project Phase II will be deemed to be completed in accordance
with the TIF Development Agreement as of December 31, 2027 (the required date of completion),
whether in fact completed or not.
Section 8. Filing and Certification.
8.01. Assessor Certification. The HRA will present this Assessment Agreement
to the City Assessor of the City of Eden Prairie and request such assessor to execute the
certification attached hereto as Exhibit C. The Owner will provide to the assessor all information
relating to the Land and the Project requested by the assessor for the purposes of discharging the
assessor’s duties with respect to the certification.
Exhibit J-2
3
8.02. Filing. Prior to the recording of any mortgage, security agreement or other
instrument creating a lien on the Land and in any event not less than 30 days after the execution
of this Assessment Agreement, the Owner must cause this Assessment Agreement and a copy of
Minnesota Statutes, Section 469.177, subdivision 8, attached hereto as Exhibit B, to be recorded
in the office of the County Recorder or Registrar of Titles of Hennepin County, and must pay all
costs of such recording.
Section 9. Relation to TIF Development Agreement. The covenants and
agreements made by the Owner in this Assessment Agreement are separate from and in addition
to the covenants and agreements made by the Owner in the TIF Development Agreement and
nothing contained herein will in any way alter, diminish, or supersede the duties and obligations
of the Owner under the TIF Development Agreement.
Section 10. Miscellaneous Provisions.
10.01. Binding Effect. This Assessment Agreement will inure to the benefit of and
will be binding upon the HRA and the Owner and their respective successors and assigns, and
upon all subsequent owners of the Land and the Project.
10.02. Severability. In the event any provision of this Assessment Agreement is
held invalid or unenforceable by any court of competent jurisdiction, such holding will not
invalidate or render unenforceable any other provision hereof.
10.03. Amendments, Changes and Modifications. Except as provided in
Section 5.04, this Assessment Agreement may be amended or any of its terms modified only by
written amendment authorized and executed by the HRA and the Owner and otherwise in
compliance with Section 469.177, subdivision 8 of the Act.
10.04. Further Assurances and Corrective Instruments. The HRA and the Owner
agree that they will, from time to time, execute, acknowledge, and deliver, or cause to be executed,
acknowledged, or delivered, such supplements hereto and such further instruments as may
reasonably be required for correcting any inadequate or incorrect description of the Land or the
Project, or for carrying out the expressed intention of this Assessment Agreement.
10.05. Execution Counterparts. This Assessment Agreement may be
simultaneously executed in several counterparts, each of which will be an original and all of which
will constitute but one and the same instrument.
10.06. Applicable Law. This Assessment Agreement is governed by and must be
construed in accordance with the laws of the State of Minnesota.
10.07. Captions. The captions or headings in this Assessment Agreement are for
convenience only and in no way define, limit, or describe the scope or intent of any provisions or
Sections of this Assessment Agreement.
10.08. Effective Date. This Assessment Agreement will be effective as of the date
first written above.
Exhibit J-2
4
10.09. Termination Date. This Assessment Agreement will terminate upon the
termination of the District in accordance with Minnesota Statutes Section 469.176.
10.10. Definitions. Terms used with initial capital letters but not defined herein
will have the meanings given such terms in the TIF Development Agreement unless the context
hereof clearly requires otherwise.
IN WITNESS WHEREOF, the HRA has caused this Assessment Agreement to be
executed in its name by its duly authorized officers and the Owner has caused this Assessment
Agreement to be executed in its corporate name.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF EDEN PRAIRIE, MINNESOTA
By
Its Chair
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of ___________,
2023, by Ronald A. Case, the Chair and Rick Getschow, the Executive Director respectively of
the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public
body corporate and politic organized and existing under the laws of the State of Minnesota, on
behalf of the public body.
Notary Public
Exhibit J-2
5
EP GTS Housing Phase I LLC,
a Delaware limited liability company
By
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of ___________,
2023, by _____________________________________________, the _________ of EP GTS
Housing Phase I LLC, a Delaware limited liability company, on behalf of the company.
Notary Public
Exhibit J-2
6
EXHIBIT A TO ASSESSMENT AGREEMENT
DEVELOPMENT PROPERTY PHASE II
DESCRIPTION OF LAND
Lot 2, Block 1, Golden Triangle TOD, according to the recorded plat thereof, Hennepin County,
Minnesota
Exhibit J-2
7
EXHIBIT B TO ASSESSMENT AGREEMENT
COPY OF MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8
Assessment agreements. An authority may enter into a written assessment agreement with any
person establishing a minimum market value of land, existing improvements, or improvements to
be constructed in a district, if the property is owned or will be owned by the person. The minimum
market value established by an assessment agreement may be fixed, or increase or decrease in later
years from the initial minimum market value. If an agreement is fully executed before July 1 of
an assessment year, the market value as provided under the agreement must be used by the county
or local assessor as the taxable market value of the property for that assessment. Agreements
executed on or after July 1 of an assessment year become effective for assessment purposes in the
following assessment year. An assessment agreement terminates on the earliest of the date on
which conditions in the assessment agreement for termination are satisfied, the termination date
specified in the agreement, or the date when tax increment is no longer paid to the authority under
section 469.176, subdivision 1. The assessment agreement shall be presented to the county
assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the
tax increment financing district and the property that is the subject of the agreement is located.
The assessor shall review the plans and specifications for the improvements to be constructed,
review the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the
assessment of the above described property, certifies that the market
values assigned to the land and improvements are reasonable.
The assessment agreement shall be filed for record and recorded in the office of the county recorder
or the registrar of titles of each county where the real estate or any part thereof is situated. After
the agreement becomes effective for assessment purposes, the assessor shall value the property
under section 273.11, except that the market value assigned shall not be less than the minimum
market value established by the assessment agreement. The assessor may assign a market value
to the property in excess of the minimum market value established by the assessment agreement.
The owner of the property may seek, through the exercise of administrative and legal remedies, a
reduction in market value for property tax purposes, but no city assessor, county assessor, county
auditor, board of review, board of equalization, commissioner of revenue, or court of this state
shall grant a reduction of the market value below the minimum market value established by the
assessment agreement during the term of the agreement filed of record regardless of actual market
values which may result from incomplete construction of improvements, destruction, or
diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition
of the property by a public entity. Recording an assessment agreement constitutes notice of the
agreement to anyone who acquires any interest in the land or improvements that is subject to the
assessment agreement, and the agreement is binding upon them.
An assessment agreement may be modified or terminated by mutual consent of the current parties
to the agreement. Modification or termination of an assessment agreement must be approved by
Exhibit J-2
8
the governing body of the municipality. If the estimated market value for the property for the most
recently available assessment is less than the minimum market value established by the assessment
agreement for that or any later year and if bond counsel does not conclude that termination of the
agreement is necessary to preserve the tax exempt status of outstanding bonds or refunding bonds
to be issued, the modification or termination of the assessment agreement also must be approved
by the governing bodies of the county and the school district. A document modifying or
terminating an agreement, including records of the municipality, county, and school district
approval, must be filed for record. The assessor’s review and certification is not required if the
document terminates an agreement. A change to an agreement not fully executed before July 1 of
an assessment year is not effective for assessment purposes for that assessment year. If an
assessment agreement has been modified or prematurely terminated, a person may seek a reduction
in market value or tax through the exercise of any administrative or legal remedy. The remedy
may not provide for reduction of the market value below the minimum provided under a modified
assessment agreement that remains in effect. In no event may a reduction be sought for a year
other than the current taxes payable year.
Exhibit J-2
9
EXHIBIT C-1 TO ASSESSMENT AGREEMENT –
DEVELOPMENT PROPERTY PHASE II
ASSESSOR’S CERTIFICATE
The undersigned, being the duly qualified and acting assessor of the City of Eden Prairie,
Minnesota, hereby certifies that.
1. I am the assessor responsible for the assessment of the Land described in the
foregoing Exhibit A;
2. I have read the foregoing Assessment Agreement dated as of __________, 2023;
3. I have received and read a duplicate original of the Amended and Restated TIF
Development Agreement referred to in the Assessment Agreement;
4. I have received and reviewed the architectural and engineering plans and
specifications for the Project Phase II agreed to be constructed on the Land pursuant to the TIF
Development Agreement;
5. I have received and reviewed an estimate prepared by the Owner of the cost of the
Land and the Project to be constructed thereon;
6. I have reviewed the market value previously assigned to the Land on which the
Project Phase II is to be constructed, and the minimum market value to be assigned to the Land
and the Project Phase II by the Assessment Agreement is a reasonable estimate; and
7. I hereby certify that the market value assigned to the Land and the Project described
on the foregoing Exhibit A by the Assessment Agreement is reasonable and the market value
assigned to the Land and the Project, for the assessment January 2, 2028, will be not less than
$52,640,000.00.
Dated _____________________.
____________________________________
City Assessor, City of Eden Prairie,
Minnesota
Exhibit K-1
1
EXHIBIT K-1
AVAILABLE TAX INCREMENTS – Phase I
Exhibit K-2
1
EXHIBIT K-2
AVAILABLE TAX INCREMENTS – Phase II
Exhibit L
EXHIBIT L
Sample Lookback Calculation
Exhibit LPage 1 of 3Sample Lookback Calculation - Greco Phase 1, Eden PrairieStabilized202520262027202820292030203120321. Pro Forma Financial Statement - Return AnalysisYear 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8NET OPERATING INCOME774,2853,720,0093,857,1523,928,0084,000,0424,073,2724,147,7144,223,384Tax Increment Financing RevenueInflator:3%60,350566,548588,154606,673625,748611,427630,599650,346ADJUSTED NET OPERATING INCOME834,6344,286,5574,445,3054,534,6814,625,7904,684,6994,778,3124,873,729Yield on Cost Annual ReturnAverage AnnualGoal 7.25%1.2%5.9%6.1%6.3%6.4%6.5%6.6%6.7%Yield on Cost Average Annual ReturnStart From:Year 11.2%3.5%4.4%4.9%5.2%5.4%5.6%5.7%Total Estimated Project Cost (Used for Initial Yield on Cost)72,541,341Actual Total Project Cost (Used for Lookback Yeild on Cost)72,541,341Stabilized202520262027202820292030203120322. Lookback Adjustment ExampleYear 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8NET OPERATING INCOME774,2853,720,0093,857,1523,928,0084,000,0424,073,2724,147,7144,223,384Tax Increment Financing RevenueInflator:3%60,350566,548588,154606,673625,748611,427630,599650,346ADJUSTED NET OPERATING INCOME834,6344,286,5574,445,3054,534,6814,625,7904,684,6994,778,3124,873,729Yield on Cost Annual Return1.15%5.91%6.13%6.25%6.38%6.46%6.59%6.72%Yield on Cost Average Annual ReturnStart From:Year 11.15%3.53%4.40%4.86%5.16%5.38%5.55%5.70%202520262027202820292030203120323. TIF Note (Present Value) CalculationYear 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8First Half Payment08/0130,175283,274294,077303,337312,874305,714315,299325,173Second Half Payment02/01030,175283,274294,077303,337312,874305,714315,299325,173Tax Increment Financing Revenue60,350566,548588,154606,673625,748611,427630,599650,346Annual Present Value (Semi-Annual)5.00% Interest Rate56,741563,7461,064,7241,556,5762,039,4482,488,5342,929,3843,362,130TIF Note (Present Value) DifferenceOriginal PAYGOOriginal TIF Term2619,844,552Current TIF Term to reach average 7.25% YoC25NPV 9,802,395Rate for NPV5.00%Principal Amt. of Original TIF Note9,802,395$ Principal Amt. (Present Value) of TIF in Year 259,214,686$ Difference587,709$ 50% Difference293,854$ PV of TIF in Year 259,214,686$ Plus 50% Difference293,854$ New Principal Amount of TIF Note (PV)9,508,541$ Estimated Revised TIF Note Term by Year25Payment DateTotal PAYGO Collections
Exhibit LPage 2 of 3Sample Lookback Calculation - Greco Phase 1, Eden Prairie1. Pro Forma Financial Statement - Return AnalysisNET OPERATING INCOMETax Increment Financing RevenueInflator:3%ADJUSTED NET OPERATING INCOMEYield on Cost Annual ReturnAverage AnnualGoal 7.25%Yield on Cost Average Annual ReturnStart From:Year 1Total Estimated Project Cost (Used for Initial Yield on Cost)72,541,341Actual Total Project Cost (Used for Lookback Yeild on Cost)72,541,3412. Lookback Adjustment ExampleNET OPERATING INCOMETax Increment Financing RevenueInflator:3%ADJUSTED NET OPERATING INCOMEYield on Cost Annual ReturnYield on Cost Average Annual ReturnStart From:Year 13. TIF Note (Present Value) CalculationFirst Half Payment08/01Second Half Payment02/010Tax Increment Financing RevenueAnnual Present Value (Semi-Annual)5.00% Interest RateTIF Note (Present Value) DifferenceOriginal TIF Term26Current TIF Term to reach average 7.25% YoC25Principal Amt. of Original TIF Note9,802,395$ Principal Amt. (Present Value) of TIF in Year 259,214,686$ Difference587,709$ 50% Difference293,854$ PV of TIF in Year 259,214,686$ Plus 50% Difference293,854$ New Principal Amount of TIF Note (PV)9,508,541$ Estimated Revised TIF Note Term by Year25Payment Date203320342035203620372038203920402041Year 9Year 10Year 11Year 12Year 13Year 14Year 15Year 16Year 174,300,2994,378,4754,457,9314,538,6834,620,7484,704,1434,788,8864,874,9934,962,483670,685691,634713,212735,437758,329781,908806,194831,208856,9734,970,9835,070,1095,171,1435,274,1205,379,0775,486,0515,595,0795,706,2015,819,4566.9%7.0%7.1%7.3%7.4%7.6%7.7%7.9%8.0%5.8%5.9%6.0%6.2%6.2%6.3%6.4%6.5%6.6%203320342035203620372038203920402041Year 9Year 10Year 11Year 12Year 13Year 14Year 15Year 16Year 174,300,2994,378,4754,457,9314,538,6834,620,7484,704,1434,788,8864,874,9934,962,483670,685691,634713,212735,437758,329781,908806,194831,208856,9734,970,9835,070,1095,171,1435,274,1205,379,0775,486,0515,595,0795,706,2015,819,4566.85%6.99%7.13%7.27%7.42%7.56%7.71%7.87%8.02%5.83%5.94%6.05%6.15%6.25%6.34%6.43%6.52%6.61%203320342035203620372038203920402041Year 9Year 10Year 11Year 12Year 13Year 14Year 15Year 16Year 17335,342345,817356,606367,718379,164390,954403,097415,604428,487335,342345,817356,606367,718379,164390,954403,097415,604428,487670,685691,634713,212735,437758,329781,908806,194831,208856,9733,786,9064,203,8434,613,0705,014,7175,408,9095,795,7736,175,4336,548,0116,913,628
Exhibit LPage 3 of 3Sample Lookback Calculation - Greco Phase 1, Eden Prairie1. Pro Forma Financial Statement - Return AnalysisNET OPERATING INCOMETax Increment Financing RevenueInflator:3%ADJUSTED NET OPERATING INCOMEYield on Cost Annual ReturnAverage AnnualGoal 7.25%Yield on Cost Average Annual ReturnStart From:Year 1Total Estimated Project Cost (Used for Initial Yield on Cost)72,541,341Actual Total Project Cost (Used for Lookback Yeild on Cost)72,541,3412. Lookback Adjustment ExampleNET OPERATING INCOMETax Increment Financing RevenueInflator:3%ADJUSTED NET OPERATING INCOMEYield on Cost Annual ReturnYield on Cost Average Annual ReturnStart From:Year 13. TIF Note (Present Value) CalculationFirst Half Payment08/01Second Half Payment02/010Tax Increment Financing RevenueAnnual Present Value (Semi-Annual)5.00% Interest RateTIF Note (Present Value) DifferenceOriginal TIF Term26Current TIF Term to reach average 7.25% YoC25Principal Amt. of Original TIF Note9,802,395$ Principal Amt. (Present Value) of TIF in Year 259,214,686$ Difference587,709$ 50% Difference293,854$ PV of TIF in Year 259,214,686$ Plus 50% Difference293,854$ New Principal Amount of TIF Note (PV)9,508,541$ Estimated Revised TIF Note Term by Year25Payment Date204220432044204520462047204820492050Year 18Year 19Year 20Year 21Year 22Year 23Year 24Year 25Year 265,051,3725,141,6795,233,4215,326,6145,421,2785,517,4295,615,0855,714,2645,814,983883,511910,845938,999914,221942,430971,4861,001,4131,032,2381,063,9885,934,8846,052,5246,172,4206,240,8356,363,7086,488,9156,616,4986,746,5026,878,9708.2%8.3%8.5%8.6%8.8%8.9%9.1%9.3%9.5%6.7%6.8%6.9%7.0%7.0%7.1%7.2%7.3%7.4%204220432044204520462047204820492050Year 18Year 19Year 20Year 21Year 22Year 23Year 24Year 25Year 265,051,3725,141,6795,233,4215,326,6145,421,2785,517,4295,615,0855,714,2645,814,983883,511910,845938,999914,221942,430971,4861,001,413280,00005,934,8846,052,5246,172,4206,240,8356,363,7086,488,9156,616,4985,994,2645,814,9838.18%8.34%8.51%8.60%8.77%8.95%9.12%8.26%8.02%6.70%6.79%6.87%6.95%7.04%7.12%7.20%7.25%7.28%204220432044204520462047204820492050Year 18Year 19Year 20Year 21Year 22Year 23Year 24Year 25Year 26441,756455,423469,500457,110471,215485,743500,706140,0000441,756455,423469,500457,110471,215485,743500,706140,0000883,511910,845938,999914,221942,430971,4861,001,413280,00007,272,4057,624,4597,969,9068,290,0318,604,1338,912,3169,214,6869,295,1579,295,157
Exhibit M-1
Exhibit M-1
Pro Forma Financial Statement Phase I
Exhibit M-2
EXHIBIT M-2
Pro Forma Financial Statement Phase II
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, APRIL 04, 2023 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, and City
Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. PRESENTATION OF SUN CURRENT READER’S CHOICE AWARDS FOR
THE BEST RECREATIONAL CENTER AND BEST WATER PARK
B. ARBOR DAY PROCLAMATION
C. ACCEPT DONATION FROM J.A. PRICE AGENCY FOR HOMETOWN
CELEBRATION ON JULY 3RD AND 4TH (Resolution)
D. ACCEPT DONATION FROM MEDEXPRESS URGENT CARE FOR
WINTER BLAST (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 21, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 21, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
CITY COUNCIL AGENDA
April 04, 2023
Page 2
B. APPROVE 2022 UNBUDGETED FUND TRANSFERS
C. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON TORT
LIABILITY ESTABLISHED BY MINNESOTA STATUTE 466.04
D. ADOPT RESOLUTION TO OPT-IN TO THE NATIONAL OPIOID
SETTLEMENT
E. AWARD CONTRACT TO NAC MECHANICAL AND ELECTRICAL
SERVICES FOR MAINTENANCE FACILITY ROOFTOPS
F. APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT
FOR GTS HOUSING (BLUE STEM NORTH)
G. APPROVE TOWN CENTER PLAZA ENCROACHMENT AGREEMENT
H. AWARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF
PLAYGROUND EQUIPMENT TO ST. CROIX RECREATION
I. AWARD CONTRACT FOR NESBITT PRESERVE PARK TRAIL AND
PAVEMENT IMPROVEMENTS TO MINNESOTA ROADWAYS CO.
J. APPROVE CONSTRUCTION CONTRACT AGREEMENT WITH
AMERICAN LIBERTY CONSTRUCTION, INCORPORATED FOR
CONSTRUCTION OF WELL HOUSE 17 AND TRANSMISSION MAIN
LINE PROJECT
K. APPROVE MODEL USE AGREEMENT WITH RILEY PURGATORY
BLUFF CREEK WATERSHED DISTRICT
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
WATERFRONT RESTORATION TO CONDUCT WATERCRAFT
INSPECTIONS
M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE
WATER SCIENCE FOR THE 2023 LAKE SAMPLING PROGRAM
N. AWARD CONTRACT FOR MN 101 WATERMAIN EXTENSION TO
NORTHDALE CONSTRUCTION COMPANY
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR
CONSTRUCTION ADMINISTRATION FOR THE MN 101 WATERMAIN
EXTENSION PROJECT
P. AWARD CONTRACT FOR 2023 CURB AND GUTTER REPLACEMENT
TO CURB MASTERS INC.
Q. AWARD CONTRACT FOR THE PRAIRIE CENTER DR AND
CITY COUNCIL AGENDA
April 04, 2023
Page 3
SINGLETREE LN IMPROVEMENTS TO NEW LOOK CONTRACTING,
INC.
R. APPROVE PURCHASE OF TWO LIFT STATION PANELS FROM
INTEGRATED PROCESS SOLUTION, INC.
S. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR
ELECTRICAL ENGINEERING DESIGN AND CONSTRUCTION
ADMINISTRATION OF THE 2023-2024 WASTEWATER LIFT STATION
REHABILITATION PROJECT
T. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR
INSTRUMENTATION AND CONTROL SYSTEMS PROGRAMMING AND
CONFIGURATION FOR WASTEWATER LIFT STATION
REHABILITATION PROJECTS
U. AWARD CONTRACT FOR 2023 MUDJACKING PROJECT TO
NORTHSTAR MUDJACKING AND MORE
V. AWARD CONTRACT FOR 2023 SPRING AND FALL STREET SWEEPING
TO PEARSON BROTHERS INC.
W. AWARD CONTRACT FOR 2023 STREET STRIPING PROJECT TO SIR
LINES-A-LOT LLC.
X. AWARD CONTRACT FOR 2023 CRACKSEAL PROJECT TO
NORTHWEST ASPHALT AND MAINTENANCE
IX. PUBLIC HEARINGS / MEETINGS
A. HOLIDAY INN EXPRESS POOL ADDITION by Michael Monn Architects.
Site plan review on 2.99 acres
B. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY
CODE CHAPTER 11 RELATING TO A NEW MIXED USE ZONING
DISTRICT
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
CITY COUNCIL AGENDA
April 04, 2023
Page 4
A. REPORTS OF COUNCIL MEMBERS
1. MAYOR’S WATER CHALLENGE (Resolution)
2. CITY MANAGER’S PERFORMANCE REVIEW
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: March 31, 2023
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, April 04, 2023
___________________________________________________________________________________________
TUESDAY, APRIL 04 2023 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council
on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the
Council Chamber. If you wish to speak at Open Podium, please contact the City
Manager’s Office at 952.949.8412 by noon of the meeting date with your name,
phone number, and subject matter. Open Podium is not recorded or televised. If you
have questions about Open Podium, please contact the City Manager’s Office.
HRA MEETING
HRA I. CALL THE HRA MEETING TO ORDER
HRA II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 6, 2022
MOTION: Move to approve the HRA minutes from December 6,
2022.
HRA III. ADOPT MODIFICATION TO TIF PLAN AND APPROVE AMENDED
AND RESTATED TIF AGREEMENT FOR GTS HOUSING (BLUE STEM
NORTH) (HRA Resolution)
Synopsis: The Tax Increment Financing Plan for TIF District No. 26 is being
modified to change the date of receipt of first increment to 2025. In 2022, the
HRA approved the Developer’s TIF request, with receipt of first increment to
occur in 2024. The delay to 2025 will allow the developer adequate time to secure
all funding commitments necessary to begin construction. The Modification
conforms in all respects to the requirements of the TIF statutes, and will help
fulfill a need to provide housing opportunities, to improve the tax base and to
improve the general economy of the State and thereby serves a public purpose.
A Tax Increment Financing Development Agreement for the project was also
ANNOTATED AGENDA
April 04, 2023
Page 2
initially approved in 2022, but has not yet been fully signed or recorded. An
Amended and Restated TIF Agreement has been prepared that reflects the delay
of receipt of first increment to 2025, and also revises the initial agreement to
increase the amount of TIF assistance to $17.4 million over the term of the TIF
district, from the original amount of $12.9 million. This increase is within the
original TIF budget and does not require modification of the TIF plan. Developer
has requested this additional funding from the City a result of increased
construction costs due to changing market conditions.
MOTION: Move to
• Adopt Resolution Adopting a Modification to the Tax Increment
Financing Plan for Tax Increment Financing District No. 26 - GTS
Housing; and
• Approve and authorize execution of Amended and Restated Tax
Increment Development Agreement for GTS Housing.
HRA V. ADJOURNMENT
MOTION: Move to adjourn the HRA meeting.
COUNCIL MEETING
IV. PROCLAMATIONS / PRESENTATIONS
A. PRESENTATION OF SUN SAILOR READER’S CHOICE AWARDS FOR
THE BEST RECREATIONAL CENTER AND BEST WATER PARK
Synopsis: The Sun Sailor 2023 Reader’s Choice Award for “Best Recreational
Center” have been awarded to the Eden Prairie Community Center. This is the
eighth year in a row that the Community Center has received the recognition for
“Best Recreational Center.” This is the third year that Round Lake Splash Pad has
been recognized for “Best Water Park.”
The Reader’s Choice award winners are selected during a six-week voting period by
print and online readers through a Reader’s Choice Survey. Organizations located
within a regional territory around Eden Prairie are among this year’s 2023 award
winners in various categories.
We are honored to again have the Eden Prairie Community Center and Round Lake
Splash Pad recognized by our residents as high-quality community assets.
Requested Action: Receive Sun Sailor Reader’s Choice Awards for “Best
Recreational Center” for the Eden Prairie Community Center and “Best Water
Park” for the Round Lake Splash Pad.
ANNOTATED AGENDA
April 04, 2023
Page 3
Jay Lotthammer and Community Center Manager, Valerie Verley, will provide an
overview of the awards and ask Mayor Case to come down for a photo.
B. ARBOR DAY PROCLAMATION
Requested Action: Mayor Case will read the Proclamation.
C. ACCEPT DONATION FROM J.A. PRICE AGENCY FOR HOMETOWN
CELEBRATION ON JULY 3RD AND 4TH (Resolution)
Synopsis: The Hometown Celebration is an annual event on July 3rd and 4th with
games, music, refreshments, activities and fireworks. Each year approximately
10,000 people gather over the two-day event.
This donation will help continue this free special event, which is offering even more
free activities for the community in 2023 with July 3rd dedicated to families and
children and July 4th hosting music, food, and fireworks.
MOTION: Move to adopt Resolution accepting the donation of
$1,000 from J.A. Price Agency for the July 3rd and 4th Hometown
Celebration.
D. ACCEPT DONATION FROM MEDEXPRESS URGENT CARE FOR
WINTER BLAST (Resolution)
Synopsis: Winter Blast is an annual event in January. Over 800 people came out to
Staring Lake Park and enjoyed sledding, ice skating, snow shoeing, cross country
skiing, horse drawn carriage rides, indoor art projects, games, bonfires, food trucks
and more!
This donation will help continue this free special event.
MOTION: Move to adopt Resolution accepting the donation of $350
from MedExpress Urgent Care for the Winter Blast.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 21, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 21, 2023
ANNOTATED AGENDA
April 04, 2023
Page 4
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-X on the Consent Calendar.
A. CLERK’S LIST
B. APPROVE 2022 UNBUDGETED FUND TRANSFERS
C. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON TORT
LIABILITY ESTABLISHED BY MINNESOTA STATUTE 466.04
D. ADOPT RESOLUTION TO OPT-IN TO THE NATIONAL OPIOID
SETTLEMENT
E. AWARD CONTRACT TO NAC MECHANICAL AND ELECTRICAL
SERVICES FOR MAINTENANCE FACILITY ROOFTOPS
F. APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT
FOR GTS HOUSING (BLUE STEM NORTH)
G. APPROVE TOWN CENTER PLAZA ENCROACHMENT AGREEMENT
H. AWARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF
PLAYGROUND EQUIPMENT TO ST. CROIX RECREATION
I. AWARD CONTRACT FOR NESBITT PRESERVE PARK TRAIL AND
PAVEMENT IMPROVEMENTS TO MINNESOTA ROADWAYS CO.
J. APPROVE CONSTRUCTION CONTRACT AGREEMENT WITH
AMERICAN LIBERTY CONSTRUCTION, INCORPORATED FOR
CONSTRUCTION OF WELL HOUSE 17 AND TRANSMISSION MAIN
LINE PROJECT
K. APPROVE MODEL USE AGREEMENT WITH RILEY PURGATORY
BLUFF CREEK WATERSHED DISTRICT
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
WATERFRONT RESTORATION TO CONDUCT WATERCRAFT
INSPECTIONS
M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE
WATER SCIENCE FOR THE 2023 LAKE SAMPLING PROGRAM
N. AWARD CONTRACT FOR MN 101 WATERMAIN EXTENSION TO
NORTHDALE CONSTRUCTION COMPANY
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR
ANNOTATED AGENDA
April 04, 2023
Page 5
CONSTRUCTION ADMINISTRATION FOR THE MN 101 WATERMAIN
EXTENSION PROJECT
P. AWARD CONTRACT FOR 2023 CURB AND GUTTER REPLACEMENT
TO CURB MASTERS INC.
Q. AWARD CONTRACT FOR THE PRAIRIE CENTER DR AND
SINGLETREE LN IMPROVEMENTS TO NEW LOOK CONTRACTING,
INC.
R. APPROVE PURCHASE OF TWO LIFT STATION PANELS FROM
INTEGRATED PROCESS SOLUTION, INC.
S. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR
ELECTRICAL ENGINEERING DESIGN AND CONSTRUCTION
ADMINISTRATION OF THE 2023-2024 WASTEWATER LIFT STATION
REHABILITATION PROJECT
T. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR
INSTRUMENTATION AND CONTROL SYSTEMS PROGRAMMING AND
CONFIGURATION FOR WASTEWATER LIFT STATION
REHABILITATION PROJECTS
U. AWARD CONTRACT FOR 2023 MUDJACKING PROJECT TO
NORTHSTAR MUDJACKING AND MORE
V. AWARD CONTRACT FOR 2023 SPRING AND FALL STREET SWEEPING
TO PEARSON BROTHERS INC.
W. AWARD CONTRACT FOR 2023 STREET STRIPING PROJECT TO SIR
LINES-A-LOT LLC.
X. AWARD CONTRACT FOR 2023 CRACKSEAL PROJECT TO
NORTHWEST ASPHALT AND MAINTENANCE
IX. PUBLIC HEARINGS / MEETINGS
A. HOLIDAY INN EXPRESS POOL ADDITION by Michael Monn Architects.
Site plan review on 2.99 acres
Synopsis: The hotel at 7740 Flying Cloud Drive, which was most recently a
Comfort Inn, is being rebranded to a Holiday Inn Express. As a part of this
rebranding, the building owners are planning to add a pool on the first level. The
applicant is therefore requesting a Site Plan Amendment to construct an
approximately 1,800 square foot building addition to accommodate this pool.
Parking stalls are also being removed to comply with parking setbacks, which are
currently not code compliant in some areas due to right of way acquisition for the
Light Rail project. Overall, the plans meet City Code standards, and no waivers are
being requested.
ANNOTATED AGENDA
April 04, 2023
Page 6
MOTION: Move to
• Close the Public Hearing; and
• Direct Staff to prepare a development agreement incorporating
Staff and Commission recommendations and Council conditions
B. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY
CODE CHAPTER 11 RELATING TO A NEW MIXED USE ZONING
DISTRICT
Synopsis: The Comprehensive Plan, ASPIRE 2040, established a Mixed-Use land
use category with the intent to provide for a mix of differing but compatible land
uses that, due to their location, would not qualify for Transit Oriented (TOD) or
Town Center (TC) zoning.
A new zoning district, Mixed Use, is created to provide an opportunity for
businesses and property owners to reinvest in their property while retaining many of
the same rights and opportunities in the existing zoning districts. No new non-
conformities would be created.
The Ordinance allows for high density residential, in addition to the same uses
allowed in commercial districts. Because of the likely sharing of uses, the Mixed-
Use district proposes a reduction in parking for retail and shopping center uses,
freeing up unused parking areas for redevelopment and reflecting shared parking
opportunities. Other changes from the existing regulations include a requirement for
a master sign plan, ‘cohesive’ development, in the form of thoughtful application of
design elements between structures, and codifying practice of requirements for
pedestrian mobility and bicycle parking.
Mixed use development is envisioned in horizontal (two or more uses in one or
more lots, or vertical (two or more uses in a single building) configurations. A goal
of mixed-use developments is a cohesive design, where some thought is made
toward the application of design elements of a project.
This action would only establish the zoning regulations for the Mixed-Use district
in the zoning ordinance. Any rezoning of property would be a separate action and
would be expected to be initiated by the property owner.
MOTION: Move to
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code
Chapter 11 and Chapter 9 relating to a new Mixed Use Zoning
District
X. PAYMENT OF CLAIMS
ANNOTATED AGENDA
April 04, 2023
Page 7
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. MAYOR’S WATER CHALLENGE (Resolution)
Synopsis: The attached resolution is a commitment from the City of Eden
Prairie to once again support water conservation efforts by encouraging
residents to participate in the Mayor’s Challenge for Water Conservation
from April 1 to April 30, 2023.
MOTION: Move to adopt the resolution supporting the
Wyland Mayor’s Challenge for Water Conservation.
2. CITY MANAGER’S PERFORMANCE REVIEW
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentation
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Valerie Verley,
Community Center Manager,
Parks and Recreation
ITEM DESCRIPTION:
Sun Current Reader’s Choice Awards for the
Best Recreational Center and Best Water
Park
ITEM NO.:
IV.A.
Requested Action
Receive Sun Current Reader’s Choice Awards for “Best Recreational Center” for the Eden
Prairie Community Center and “Best Water Park” for the Round Lake Splash Pad.
Synopsis
The Sun Current 2023 Reader’s Choice Award for “Best Recreational Center” have been
awarded to the Eden Prairie Community Center. This is the eighth year in a row that the
Community Center has received the recognition for “Best Recreational Center.” This is the third
year that Round Lake Splash Pad has been recognized for “Best Water Park.”
The Reader’s Choice award winners are selected during a six-week voting period by print and
online readers through a Reader’s Choice Survey. Organizations located within a regional
territory around Eden Prairie are among this year’s 2023 award winners in various categories.
We are honored to again have the Eden Prairie Community Center and Round Lake Splash Pad
recognized by our residents as high-quality community assets.
PROCLAMATION
ARBOR DAY – April 29, 2023
WHEREAS, Arbor Day provides people in Eden Prairie the opportunity to celebrate the
importance of trees and forests to our economy, health, culture, history, and future of the city;
and
WHEREAS, Trees are of great value as they provide clean air and water, shade, energy savings,
wildlife habitat, and recreational opportunities; and
WHEREAS, Thoughtfully choosing, planting, and caring for a diverse mix of trees and caring
for trees as described in the cities’ Urban Forest Management Plan makes our community more
resilient into the future; and
WHEREAS, Trees play a major role in combating climate change by sequestering carbon from
the atmosphere, thereby offsetting greenhouse gas emissions; and
WHEREAS, Trees help Eden Prairie meet the Climate Action Plan goal of community-wide
carbon neutrality by 2050; and
WHEREAS, Eden Prairie first celebrated Arbor Day in 1982; and
WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day
Foundation and desires to continue its tree stewardship and tree planting practices.
NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby
proclaim April 29, 2023, as Arbor Day in the City of Eden Prairie, and urge all citizens to
support efforts to protect our trees and woodlands and to support our City’s urban forestry
program; and
FURTHER, I urge all citizens to plant and care for trees to promote the well-being of present
and future generations.
ADOPTED by the Eden Prairie City Council on April 4, 2023.
Ronald A. Case, Mayor
ITEM NO.: IV.B.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
April 4, 2023
DEPARTMENT / DIVISION:
Jay Lotthammer, Director,
Parks and Recreation
ITEM DESCRIPTION:
Donation from J.A. Price Agency for
Hometown Celebration (July 3rd & 4th)
ITEM NO.:
IV.C.
Requested Action
Move to: Adopt Resolution accepting the donation of $1,000 from J.A. Price Agency for
the July 3rd and 4th Hometown Celebration.
Synopsis
The Hometown Celebration is an annual event on July 3rd and 4th with games, music,
refreshments, activities and fireworks. Each year approximately 10,000 people gather over the
two-day event.
This donation will help continue this free special event, which is offering even more free
activities for the community in 2023 with July 3rd dedicated to families and children and July 4th
hosting music, food, and fireworks.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City of $1,000 to be used towards the July 3rd and 4th Hometown Celebration
from the J.A. Price Agency is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of April, 2023.
___________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
April 4, 2023
DEPARTMENT / DIVISION:
Jay Lotthammer, Director,
Parks and Recreation
ITEM DESCRIPTION:
Donation from MedExpress Urgent Care for
Winter Blast
ITEM NO.:
IV.D.
Requested Action
Move to: Adopt Resolution accepting the donation of $350 from MedExpress Urgent Care
for the Winter Blast.
Synopsis
Winter Blast is an annual event in January. Over 800 people came out to Staring Lake Park and
enjoyed sledding, ice skating, snow shoeing, cross country skiing, horse drawn carriage rides,
indoor art projects, games, bonfires, food trucks and more!
This donation will help continue this free special event.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City of $350 to be used towards the 2023 Winter Blast from the MedExpress
Urgent Care is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of April, 2023.
___________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 21, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and
Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Kelsey
Engelen
Workshop - Heritage Rooms I and II (5:30)
A. POLICE DEPARTMENT/CITY CENTER REMODEL
City Manager Rick Getschow began by explaining that the proposed project would
affect the building that the Police Department (PD) as well as the rest of the City
Government currently occupies. Getschow also explained that, while the project has
been part of the City’s Capital Improvement Plan for seven to eight years, it is being
timed so that it might be initiated when other City debt runs out.
Police Chief Matt Sackett introduced Joel Dunning and Melissa Stein, consultants
from Wold Architects and Engineers architecture firm which focuses on public sector.
Sackett explained the presentation would present findings from their investigation of
the Police Department’s building needs, and to discuss options and concepts for a
remodel.
Dunning and Stein delivered a presentation to provide insights surrounding the PD
remodel project. They offered a description of their process, then moved into
proposed program review, development options, budget discussions, schedule
overview, and next steps.
Beginning with a high-level overview of the robust planning process, Dunning
outlined the preliminary steps of looking at organizational structure, existing
utilization, analysis of current and future requirements, and analysis of existing
buildings. Armed with the results of their background analysis and examination,
Wold would determine the best investment of the proposed 2025 $13 million project
which would identify current facility deficiencies; project future facility needs;
City Council Workshop Minutes
January 7, 2020
Page 2
incorporate desired operational changes; develop a menu of prioritized solutions; and
find resolution with a consensus approach.
Dunning and Stein shared the eight statements which Eden Prairie Police Department
established as guiding principles for the project. The principles incorporated
departmental growth and future operations; ability to maintain high levels of service;
budget; sustainability; a welcoming environment for the community; better
organization as it relates to safety and security processes; enclosed vehicle storage;
and enhanced layout and access.
Next, Stein and Dunning pointed out the extensive feedback from departmental
meetings and outlined the major takeaways from Patrol, Investigations, Command
Staff, Dispatch, Records, Evidence, and Support Services.
Dunning offered a synopsis of space standards, broken down to the level of specific
closed offices, open office staff areas, meeting and training rooms, and storage and
other work areas. The space standards were then put into a detailed summary table
which incorporated existing and pre-design space for all the necessary areas for the
department. The existing building occupied 26,667 usable square feet (usable square
footage is multiplied by 1.15 to factor in 15% for hallways, wall thickness, stairs,
electrical rooms, etc. This number becomes our gross square footage) and found that
the department’s need is around 63,575 usable square feet. Dunning added that
28,000 square feet of that difference is garage space for fleet vehicles and special
response unit vehicles.
Stein mentioned that Wold and Eden Prairie PD also learned through touring other
new facilities or renovated Police Departments in Brooklyn Park, Crystal, New Hope,
Minnetonka, Burnsville, and Eagan.
Stein and Dunning provided an overview of several different concepts. Concept A
involves a renovation of the existing PD building with a small interior expansion and
addition of a small parking ramp with parking deck on the east side of the building.
New construction of a parking garage takes up a large chunk of the budget and only
allows for minimal reconfiguration of the remainder of PD. This concept did not meet
five of the eight guiding principles laid out for the project.
Concept B includes renovation of the east side of the city building which includes
providing garage space within the interior of the existing building. This concept does
not meet the same five of the eight guiding principles as Concept A.
Concept C involves renovation to the west lower level of the existing with a parking
addition on the northwest side. While this option is an improvement from the first
City Council Workshop Minutes
January 7, 2020
Page 3
two, it still does not meet the garage space requirements, and maintains separation
from the rest of the City Center and lacks a welcoming and accessible environment
for the community.
Concept D, attempting to enhance the connection between the City Center and PD,
looks at renovation of upper-level middle section of the building for PD functions.
This option renovates the lower-level west side to become an interior garage and
incorporates a special response unit addition. Three of the eight guiding principles
are not met through this option; and it exhibits major security issues due to the
structure of the current atrium and causes parking constraints.
Finally, Stein presented the Core Planning Group’s (CPG) Recommended Option,
which is believed to present the best solution. This concept includes a west side
renovation with proposed police secure parking and staff entry on the northwest
corner. This allows PD enhanced accessibility via Technology Drive and a separate
public entry on the south side where the current UNFI main entrance is located. The
lower-level west side would become a spacious vehicle garage as well as a potential
addition for special response unit garage, an evidence garage, and detention—which
allows release of in-custody persons in a separate area that the public entry. The
upper level would take up the entire west side of building, with thoughtful layout of
division offices to provide optimal operational function.
Dunning followed up by providing a cost analysis with breakdown by areas and their
cost per square foot. The total construction cost of the CPG Recommended Option,
with a 30% cushion built in for fees, testing, furnishings, contingency for unknowns,
etc. is $12.9 million.
In addition to the building option at the City Center, the possibility of a Special
Response Unit Addition which is currently located at building 51, costs an additional
$2.8 million beyond the main project. This option would remain available over time if
it is something that the City decided to do in the future.
Stein and Dunning went on to provide an additional alternative where all city hall
functions would move to a reconfigured upper level, opening the lower level to
maximize potential leasing space. This would also offer enhanced accessibility for all
city hall functions and increased security. This upper-level interior remodeling would
be a $5 million project.
Another area that Wold investigated was the cost of Electric Vehicle (EV) charging,
provided the importance of this topic for Eden Prairie. These costs were not built into
the previously discussed project. The recommendation suggested the Police EV Fleet
have its own separate service at a cost of $45,000 for service only of level 2 charging
City Council Workshop Minutes
January 7, 2020
Page 4
with some level 3. Pricing was laid out for EV charging for 28-, 35-, and 68 stalls at
Level 2 which is $14,000 per stall; and Level 3 which is $28,000 per stall. Discussion
ensued regarding current and future needs for number of EV stalls and charging
levels. Getschow pointed out that the city will have options to look at state funding on
the EV charging project.
Next, Stein offered an overview of the schedule of the process, in which EPPD could
occupy the remodeled building in the fall of 2025.
Mayor Case inquired where the $13 million budget comes from, assuming it is due to
the bonds expiring, and what options might be available for spending more now for a
full remodel project. Case inquired about lower-level leasing options, state and
federal funding, and other possibilities. Getschow clarified that Case’s assumption
was correct.
Getschow discussed various options with costs of up to $17 million, explaining that
there are options for funding from the federal and state government. Getschow
explained that the $13 million budget, which has been in the Capital Improvement
Plan for around eight years, is based on the debt that expires in 2025. Getschow
detailed the changes to the debt levy for spending $13-, $15-, and $17 million on the
project, displaying the long-term benefits of increasing the budget for the project.
Getschow asked for Council’s feedback on the CPG’s recommended option, and
thoughts about looking into raising the budget for the project.
Case stated the $13 million project appears to be a minimum. He expressed support
for taking the extra step to include EV charging, under the assumption that the
additions can be made as PD’s electric fleet grows. Case also expressed that he
thought the Special Response Unit garage addition could be a project for the future
while PD continues utilizing Building 51 for the time being. In conclusion, Case
declared his view that increasing the budget for a $15-$17 million project feels
reasonable.
Councilmember Toomey inquired how long PD has been occupying the current space
and how many officers and other PD staff the City had at that time. Sackett responded
that the current building has been occupied by EPPD since 1993, 30 years; and the
staff at that time was around 40 compared to the current 74 officers and 36
professional staff.
Open Podium - Council Chamber (6:30)
I. OPEN PODIUM
City Council Workshop Minutes
January 7, 2020
Page 5
A. STEVE WAGNER – CREEKWOOD PARK
Steve Wagner, 9325 Wilderness Cove, began by pointing out his past appearances at
open podium on the same topic. Wagner mentioned the response by Police Chief Matt
Sacket and Parks and Recreation Director Jay Lotthammer who walked the park
grounds this winter to understand which issues they may have the capacity to
moderate. Wagner reiterated concerns focused on littering and loud, profane music,
and inquired about installation of signage that might assist in mitigating the issues.
Lotthammer responded that he will follow up on the signage.
III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 21, 2023 7:00 PM, CITY CENTER
CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG
Narayanan, Kathy Nelson, and Lisa Toomey
CITY STAFF City Manager Rick Getschow, Public Works Director
Robert Ellis, Parks and Recreation Director Jay
Lotthammer, Community Development Director Julie
Klima, Police Chief Matt Sackett, and City Attorney
Maggie Neuville
I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. All Council Members were present.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION FROM THE EDEN PRAIRIE LIONS CLUB
TOWARDS OUTDOOR CENTER PROGRAMS (Resolution No. 2023-39)
Lotthammer explained this item is to accept a donation from the Eden Prairie Lions
Club to assist with the Outdoor Center’s Animal Ambassadors program, used to teach
the public about various species, habitats, and our natural environment.
MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2023-39
accepting the donation in the amount of $500 from Eden Prairie Lions Club for
Outdoor Center programs. Motion carried 5-0.
B. ACCEPT DONATION FROM OLD NATIONAL BANK FOR VARIOUS
SPECIAL EVENTS (Resolution No. 2023-40)
Lotthammer explained this item is to accept a donation for the Animal Open House,
Arbor Day, Green Fair, July 3rd and 4th, and Harvest to Halloween.
Case pointed out donations such as this allow taxpayer dollars to stretch further.
CITY COUNCIL MINUTES
March 21, 2023
Page 2
MOTION: Toomey moved, seconded by Freiberg to adopt Resolution No. 2023-40
accepting the donation in the amount of $500 from Old National Bank for various
special events. Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published.
Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARH 7, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 7, 2023
MOTION: Narayanan moved, seconded by Nelson, to approve the minutes of the
Council workshop held Tuesday, March 7, 2023, and the City Council meeting held
Tuesday, March 7, 2023, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. AWARD CONTRACT TO FIELDTURK USA INC. FOR COMMUNITY
CENTER GYM FLOOR REPLACEMENT
C. ADOPT RESOLUTION NO. 2023-41 DECLARING PROPERTY AS
ABADNDONED AND EXCESS PROPERTY
D. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR
CONTRACTED SERVICES WITH HARMAN COMPANIES FOR THE
MILLER PARK BALLFIELD DRAINAGE PROJECT
E. AUTHORIZE ENTERING INO A STANDARD AGREEMENT FOR
CONTRACTED SERVICES WITH BITUMINOUS ROADWAYS FOR THE
NESBIT PARK PARKING LOT AND HARD-COURT SURFACES
F. APPROVE RESOLUTION NO. 2023-42 AUTHORIZING SUBMITTAL OF
AN OUTDOOR RECREATION GRANT APPLICATION FOR THE
HOMEWARD HILLS PLAY AREA IMPROVEMENT PROJECT
G. APPROVE STANDARD AGREEMETN FOR CONTRACT SERVICES WITH
PRECISION UTILITIES INC. FOR WATER, SEWER, AND STORMWATER
UTILITY REPAIRS
CITY COUNCIL MINUTES
March 21, 2023
Page 3
H. APPROVE AMENDMENT TO AGREEMENT REGARDING SPECIAL
ASSESSMENTS FOR PIONEER TRAIL IMPROVEMENTS
I. AWARD CONTRACT FOR THE WILLOW CREEK CULVERT
REPLACEMENT TO VALLEY PAVING, INC.
J. ADOPT RESOLUTION NO. 2023-43 ESTABLISHING MUNICPAL STATE
AID STREETS
MOTION: Nelson moved, seconded by Toomey, to approve Items A-J on the
Consent Calendar. Motion carried 5-0.
Nelson pointed out she was awaiting the Community Center gym floor to be replaced.
Getschow noted the flooring is for the primary gym and it has been in the Capital
Improvement Plan for quite some time. The construction is slated to occur at the end
of the following month.
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson,
Toomey and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
XV. OTHER BUSINESS
A. CLOSED SESSION FOR THE CITY MANAGER PERFORMANCE REVIEW
MOTION: Narayanan moved, seconded by Nelson, to enter into closed session for
the purpose of conducting the City Manager’s review. Motion carried 5-0. The
Council entered into a closed session at 7:12 p.m.
MOTION: Nelson moved, seconded by Freiberg, to exit the closed session. Motion
carried 5-0. The Council exited the closed session at 8:11 p.m.
CITY COUNCIL MINUTES
March 21, 2023
Page 4
XVI. ADJOURNMENT
MOTION: Toomey moved, seconded by Narayanan, to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 8:11 p.m.
Respectfully submitted,
________________________
Nicole Tingley, City Clerk
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Christy Weigel,
Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
Gambling/Raffle
Organization: Eden Prairie Noon Rotary
Festival of Jazz/Rib Fest
Place: Staring Lake Park
14800 Pioneer Trail
Date: June 11, 2023
Temporary Liquor
Organization: Eden Prairie Noon Rotary
Event: Festival of Jazz / Rib Fest
Date: June 11, 2023
Place: Staring Lake Park
14800 Pioneer Trail
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Tammy Wilson, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Approve 2022 Unbudgeted Fund Transfers
ITEM NO.:
VIII.B.
Requested Action
Move to: Approve 2022 unbudgeted fund transfers.
Synopsis
As part of the audit of the City’s financial statements, the year-end unbudgeted transfers are
summarized and reported to the City Council. The City Council acceptance of the transfers is a
recommended practice by the City’s auditors. Most of the transfers are related to various funds
share of a project.
Attachment
Transfer Schedule
City of Eden Prairie
Transfer Schedule
12/31/22
Transfer Transfer
In Out Amount Explanation
Allocation of Costs
General Fund Senior Board 2,300$ Transfer the Senior Board's share of various programs/projects
Capital Maintenance and Improvement Fund Park Improvement 173,134$ Transfer Park Improvement Fund share of Riley Lake Playground
Improvement Projects 2006 Transportation Fund/Improvement Projects 138,628$ Transfer Transportation Fund share of Hennepin Town Rd
Improvement Projects 2006 Dell Rd Crestwood to CSAH 61 34,962$ Transfer Dell Rd cost coded to Improvement Projects 2006 Fund
Eden Prairie Road Connect to Flying Cloud Water Fund 216,250$ Transfer Water share of Eden Prairie Road project
Eden Prairie Road Connect to Flying Cloud Wastewater 324,375$ Transfer Wastewater share of Eden Prairie Road project
Eden Prairie Road Connect to Flying Cloud Stormwater 231,273$ Transfer Stormwater share of Eden Prairie Road project
SWLRT Transportation 150,610$ Close SouthWest Light Rail to Transportation Fund
2020 Improvement Projects Water Fund 25,339$ Transfer Water share of Spring Rd Watermain project
2020 Improvement Projects Capital Maintenance and Improvement Fund 31,308$ Transfer Capital Maintenance and Improvement Fund share of Willow Creek Bridge project
Duck Lake Road Reconstruction Improvement Projects 2,300,000$ Transfer Stormwater share of Duck Lake Road
Capital Maintenance and Improvement Fund General Fund 1,000,000$ Transfer amounts above amount needed to maintain fund balance policy
Requested Action
Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota
Statutes 466.04.
Synopsis
The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust.
Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits
to the extent of the coverage purchased. Staff recommends that the City choose not to waive.
Attachment
Waiver Form
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 04, 2023
DEPARTMENT/DIVISION:
Human Resources
Alecia Rose, Administrative
Services/HR Director
ITEM DESCRIPTION:
Direct Staff to not Waive the Monetary Limits on
Tort Liability Established by Minnesota Statute
466.04
ITEM NO. :
VIII.C.
City of Eden Prairie
April 4, 2023
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
April 4, 2023
DEPARTMENT / DIVISION
Rick Getschow
City Manager, Administration
ITEM DESCRIPTION
National Opioid Settlement Opt-In
ITEM NO.
VIII.D.
Requested Action
Move to: Adopt a resolution to support and opt-in to the national opioid settlements, and to ratify
the City Manager’s execution of (1) opioid litigation settlements with pharmaceutical
manufacturers Teva and Allergan and retail pharmacies CVS, Walgreens, and Walmart,
and (2) Memorandum of Agreement (“MOA”) between the State of Minnesota and local
governments relating to the distribution of settlement funds to fight the opioid crisis.
Synopsis
On January 4, 2022, Council approved a resolution to support and opt-in to the national opioid
settlements with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen and
manufacturer Johnson & Johnson. Since then, new national opioid settlements have been reached with
manufacturers Teva and Allergan and retail pharmacies CVS, Walgreens, and Walmart.
In order to participate in any new settlement, the City of Eden Prairie (as well as other cities and counties
across the country) must electronically opt-in to the settlements and execute the MOA by April 18, 2023.
The City Manager has already electronically opted-in to the five settlements and executed the MOA.
Minnesota stands to recover an amount in excess of $235 million over 15 years, which is on top of the
more than $300 million already coming to Minnesota from the earlier settlements. The new settlements
will bring more much-needed relief to communities in Minnesota and across the country that continue to
suffer devastating effects from the opioid crisis.
These new settlements are nearly identical in structure to the earlier settlement, from which settlement
funds began to flow to Minnesota communities in October 2022.
Similarly, the State anticipates funds from the settlements will be allocated according to the State-
Subdivision memorandum of Agreement it reached with cities and counties last December, which
provides that:
A. Seventy-Five percent (75%) of the funds will be paid directly to counties and participating cities
that (1) have populations of 30,000 or more, (2) have filed lawsuits against the settling defendants,
or (3) have public health departments. Eden Prairie is a qualifying city because its population is
greater than 30,000.
B. Twenty-Five percent (25%) of the funds will be paid to the State of Minnesota and will go into a
special opioid abatement account.
The allocation percentages to which each city and county in Minnesota that participates is to receive,
including Eden Prairie, was determined by counsel for the subdivisions negotiating the national settlement
agreements and were calculated using data to reflect the impact of the opioid crisis on the subdivisions.
Eden Prairie’s percentage of the settlement funds, if it participates, is approximately 0.255%.
If Eden Prairie participates, then it may use the opioid settlement funds on a number of pre-approved uses
detailed in the MOA, including: opioid prevention, treatment of use, support of people in treatment and
recovery, connections to care, address the needs of criminal justice for involved persons, address the needs
of the perinatals, caregivers and families with babies with neonatal opioid withdrawal syndrome. While
the MOA sets forth a list of settlement fund uses, they are not exclusive, and the City would have some
flexibility to modify its preferred abatement approach as needed.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___
RESOLUTION APPROVING AND RATIFYING THE EXECUTION OF, AND
PARTICIPATION IN, THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN
THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND THE NATIONAL
OPIOID SETTLEMENTS
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have
been harmed by misconduct committed by certain entities that engage in the manufacture,
marketing, promotion, distribution, or dispensing of opioids; and
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined
with thousands of local governments across the country to file lawsuits against opioid
manufacturer and pharmaceutical distribution companies and hold those companies accountable
for their misconduct; and
WHEREAS, representatives of local Minnesota governments, the League of Minnesota
Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State
of Minnesota, and the Minnesota Attorney General’s Office have negotiated and prepared a
Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the
State of Minnesota and to individual local governments from recent settlements in the national
opioid litigation; and
WHEREAS, by signing onto the MOA, the state and local governments maximize
Minnesota’s share of opioid settlement funds, demonstrate solidarity in response to the opioid
epidemic, and ensure needed resources reach the most impacted communities; and
WHEREAS, it is in the best interests of the State of Minnesota and the residents of the
City of Eden Prairie, and the County of Hennepin, that the City participate in the national opioid
litigation settlements.
BE IT REOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
1. Participation in the opioid litigation settlements promotes the public health, safety,
and welfare of the residents of the City of Eden Prairie.
2. The City of Eden Prairie supports and opts-in to the national opioid litigation
settlements with manufacturers Teva Pharmaceuticals and Allergan, and with the
retail pharmacy chains Walmart, CVS, and Walgreens, and ratifies the execution of
the same by the City Manager.
3. The Memorandum of Agreement (MOA) between the State of Minnesota and Local
Governments relating to the distribution of settlement funds is hereby approved by
the City of Eden Prairie and the execution of the same by the City Manager is
ratified.
4. City Staff is hereby authorized to take any such further measures as is necessary to
otherwise participate in the national opioid settlements.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of April, 2023.
____________________________________
Ronald A. Case, Mayor
ATTEST:
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
April 4, 2023
DEPARTMENT / DIVISION
Administration
Rick Clark, Facilities
ITEM DESCRIPTION
Maintenance Facility Rooftops
ITEM NO.
VIII.E.
Requested Action
Move to: Award Contract for Maintenance Facility Rooftops to NAC Mechanical and Electrical
Services
Synopsis
NAC Mechanical and Electrical Services $57,840
Total Mechanical $69,783
Metropolitan Mechanical Contractors Inc. $70,389
Background
As part of the 2023 Capital Improvement Plan the Maintenance Facility Rooftops that heat and cool the
office areas of the building are over 25 years old and will need to be replaced due to being beyond life
expectancy and inefficiency. The replacements (5 units total) are specified as a high efficiency units.
Bids were reviewed and verified.
Attachments
Standard City Construction Contract with NAC Mechanical and Electrical Services
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 4th day of April 2023, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and NAC Mechanical and Electrical Services, a Minnesota Company
(hereinafter "Contractor") whose business address is 1001 Labore Industrial Court, Suite B,
Vadnais Heights, MN 55110. .
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for
replacement of 5 Roof Top HVAC units that are over 25 years old at our Public Works building
hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A. Any general or specific
conditions, terms, agreements, contractor or industry proposal, or contract terms attached to
or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner.
2. Time of Commencement and Completion. The Work to be performed under this Contract
shall be commenced immediately after execution of this Contract. The Work shall be
completed by September 1st, 2023.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $57,840.00 as
full and complete payment for the labor, materials and services rendered pursuant to this
Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Construction Contract 2018 08 01 Page 2 of 15
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an
itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the
contract. Each invoice shall be accompanied by general lien waiver and further lien
waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the
invoice or bill must include the following signed and dated statement: “I declare
under penalty of perjury that this account, claim, or demand is just and correct and
that no part of it has been paid.”
c. Final Payment. Contractor’s request for final payment shall be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed,
and the City accepts the Work in writing. The acceptance of final payment shall
constitute a waiver of all claims by the Contractor except those previously made in
writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and each
of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract 2018 08 01 Page 3 of 15
6. Project Manager and Staffing. The Contractor shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the City.
7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods
shall be subject to inspection and testing by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
Standard Construction Contract 2018 08 01 Page 4 of 15
10. Private Property. The Contractor shall not enter upon private property for any purpose
without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.;
all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof;
and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the
Contractor fail to remove such equipment, tools and supplies, the City shall have the right to
remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part
thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed
by the Contractor within ten (10) days after the date fixed in the written notice from the City to
the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such
compensation, with complete substantiating records, shall be filed with the City within ten (10)
days after the date of order to resume Work in order to receive consideration. This paragraph
shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate
Change Order shall be issued deducting from the payment then or thereafter due the
Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
Standard Construction Contract 2018 08 01 Page 5 of 15
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract shall be terminated at the
expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or
fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the
City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable
attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract
upon ten (10) days written notice to the City for any of the following reasons:
a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five
(45) days after the sum becomes due.
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due
Contractor to insure the prompt and faithful performance of this Contract by Contractor and
to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract 2018 08 01 Page 6 of 15
shall be in a form approved by the City. Contractor shall provide the Bond to the City before
commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void.
[BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000
OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN
$175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall
agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Contractor fails within that time to pay the
subcontractor any undisputed amount for which the Contractor has received payment by the
City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual interest 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.
18. Responsible Contractor
Contractor warrants under oath that Contractor is in compliance with the minimum criteria
required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has
obtained from all subcontractors and motor carriers with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that
the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from
each additional subcontractor and motor carrier with which it has a direct contractual
relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors
and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false
statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
Standard Construction Contract 2018 08 01 Page 7 of 15
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
Standard Construction Contract 2018 08 01 Page 8 of 15
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and
completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
Standard Construction Contract 2018 08 01 Page 9 of 15
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Contractor harmless from and against any loss
for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the
property of the City, but Contractor may retain copies of such documents as records of the
Standard Construction Contract 2018 08 01 Page 10 of 15
services provided. The City may use the Information for its purposes and the Contractor also
may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to
defend and indemnify the other from any claims or liability resulting therefrom.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Contract. The violation
of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original.
28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
Standard Construction Contract 2018 08 01 Page 11 of 15
termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Contract or thereafter of any of
the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract 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 Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
33. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration
for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
Standard Construction Contract 2018 08 01 Page 12 of 15
35. Rights and Remedies. The duties and obligations imposed by this Contract 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.
36. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
38. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Contract are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Contract which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in
performing any of the functions of the City during performance of this Contract is subject
to the requirements of the Data Practice Act and Contractor shall comply with those
requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Contract shall contain similar Data Practices Act compliance
language.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall
not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Standard Construction Contract 2018 08 01 Page 13 of 15
__________________________________
Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
EXIHIBIT A
Standard Construction Contract 2018 08 01 Page 14 of 15
Standard Construction Contract 2018 08 01 Page 15 of 15
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
04/04/2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION:
GTS Housing (Blue Stem North) –
Development Agreement Amendment
ITEM NO.:
VIII.F.
Requested Action
Move to: Approve the Amended and Restated Development Agreement for GTS Housing (Blue
Stem North)
Synopsis
The City approved a Development Agreement for the GTS Housing development on May 3,
2022. The Development Agreement included language regarding the Tax Increment Financing
(TIF) that was also approved for this project. Due to increased costs, the developer has requested
an amendment to the TIF approvals.
Since the Development Agreement references the same information as the TIF Agreement, the
applicant is requesting approval of an amendment to the Development Agreement as well. The
amendments to the Development Agreement will also include a revised legal description that
excludes the proposed Outlot B area, because the ownership of Outlot B has already been
transferred to the City.
Attachments
1. Amended and Restated Development Agreement for GTS Housing
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 1
AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
GTS Housing North Phase I and GTS Housing South Phase II
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT
(“Agreement”) is entered into as of __________________, 2023, by EP GTS Housing Phase I
LLC, a Delaware limited liability company, hereinafter referred to as “Developer,” its successors
and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to
as “City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Guide Plan Change from Transit
Oriented Development (TOD) to Parks and Open Space on 11.17 acres, Planned Unit Development
Concept Review on 15.28 acres, Planned Unit Development District Review with waivers on 15.28
acres, Zoning District Change from Office to Transit Oriented Development - Residential (TOD-
R) Zoning District on 5.79 acres and Office to Park and Open Space Zoning District on 11.17
acres, Site Plan Review on 15.28 acres, and Preliminary Plat of 16.96 acres into 2 lots and 2 outlots
(the “Applications”), for real property legally described on Exhibit A (the “Property”);
WHEREAS, Developer proposes to construct on the Property two residential rental
buildings containing a total of 425 rental units (the “Project”). The Project will be developed in
two phases: the building constructed in the first phase will contain 49 affordable housing units, 12
inclusionary housing units, and 176 market-rate units, commonly known as GTS Housing North
Phase I (“Phase I” or “Building 1”), and the building constructed in the second phase will contain
38 affordable housing units, 9 inclusionary housing units, and 141 market-rate units, commonly
known as GTS Housing South Phase II (“Phase II” or “Building 2”). Phase I and Phase I are each
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 2
hereinafter sometimes referred to as a “Phase” and collectively, as the Project. Building 1 and
Building 2 are sometimes hereinafter referred to, collectively, as the “Buildings”;
WHEREAS, Developer has applied to the City’s Housing and Redevelopment Authority
(“HRA”) for tax increment financing (“TIF”) assistance for the Project and the City and the HRA
have determined to provide TIF assistance in the present value amount of $17,400,000;
WHEREAS, Liberty Property Limited Partnership and City entered into that certain
Development Agreement dated October 16, 2007, filed on November 14, 2007 in the Office of the
Hennepin County Registrar of Titles as Document No. 4446150, amended by that certain First
Amendment to the Development Agreement dated August 18, 2015, filed on August 27, 2015 in
the Office of the Hennepin County Registrar of Titles as Document No. 5285951, pertaining to the
Property (collectively referred to as the “Original Development Agreement”);
WHEREAS, on May 3, 2022, the City approved a Development Agreement for the Project
that had been agreed upon by Developer (the “Initial Agreement”);
WHEREAS, due to delays in the Project, the Initial Agreement has not been fully executed
by the parties or recorded;
WHEREAS, since the date of the Initial Agreement, proposed Outlot B as shown on the
Preliminary Plat of the Property has been deeded to the City, and Outlot B is not be subject to this
Agreement; and
WHEREAS, the parties now wish to amend, restate, and supersede the Initial Agreement
in its entirety.
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2022-41 for
Guide Plan Change, Resolution No. 2022-42 for Planned Unit Development Concept Review,
Ordinance No. 13-2022-PUD-7-2022 for Planned Unit Development District Review and Zoning
District Change from Office to TOD-R on 5.79 acres and Office to Park and Open Space on 11.17
acres, Resolution No. 2022-63 for Site Plan Review, Resolution No. 2022-43 for Preliminary Plat,
and City Resolution No. 2022-64 and HRA Resolution No. 2022-66 Approving TIF Assistance
for the Project, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer must develop the Property in conformance with the materials revised
and stamp dated February 17, 2022, reviewed and approved by the City Council on May
3, 2022, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. CASH PARK FEES: The cash park fees for the market rate units for each Phase must be
paid at the time of building permit for that Phase as required by City Code in effect as of
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 3
the date of issuance of the building permit. The cash park fees for the Affordable Units and
the Inclusionary Units for each Phase must be paid prior to the issuance of the certificate
of occupancy for that Phase. The number of Affordable and Inclusionary Units for each
Phase are detailed in paragraph 36 of this Agreement. The City will apply the following
credits to Developer’s cash park fee obligation:
a. A credit for cash park fees already paid for the Property in connection with
a prior development in the amount of $21,350. This amount will be credited
towards Developer’s payment of cash park fees for the market rate units for
Phase I; and
b. A credit in the amount of 85% of Developer’s actual costs incurred to
construct the nature trail through Outlot A as shown on the Plans, not to
exceed $143,220. This amount will be credited towards Developer’s
payment of cash park fees for the Affordable and Inclusionary Units for
Phase I, provided that Developer has submitted to the City documentation
of its actual costs incurred in constructing the trail.
4. CONTRACTOR PARKING: The Developer must provide contractor parking areas
within the Project boundaries during site development, including grading, utility
installation, and Project buildout. Contractor parking on adjacent public streets or trails is
prohibited. Developer must submit a plan addressing contractor parking to the Engineering
Division with the land alteration permit application for review and approval.
5. DECLARATION OF CROSS ACCESS, PARKING, AND UTILITY EASEMENT:
Prior to release of the final plat for the Property, Developer must provide a Declaration of
Cross Access, Parking, and Utility Easement (“Declaration of Easement”) over the private
driveways, parking areas, and infrastructure located on the Property that provides cross
access, shared parking, and utility access between Lots 1 and 2 of the Property. The form
of the Declaration of Easement must be approved in writing by the City Engineer. This
Declaration of Easement must address joint vehicle access, parking, and maintenance
responsibilities over the private drives, parking areas, storm sewers, sanitary sewer,
watermain and stormwater management facilities. All of these facilities will be privately
owned and maintained by the Developer or owners. After approval by the City, Developer
must file the Declaration of Easement with the Hennepin County Recorder or Registrar of
Titles’ Office as provided in paragraph 42.
Prior to the issuance of the first building permit for the Property, Developer must submit
to the City Engineer proof that the Declaration Cross Access, Parking, and Utility Easement
has been recorded in the Hennepin County Recorder and/or Registrar of Titles’ Office as
appropriate.
6. CONVEYANCE OF LAND FOR WETLAND AND WETLAND BUFFER
PRESERVATION AND MAINTENANCE: Developer conveyed proposed Outlot B to
the City by warranty deed dated November 14, 2022. Prior to release of the final plat for
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 4
the Property, Developer must tender a warranty deed for proposed Outlot A (the “Deed”)
for review and written approval by the City Engineer for the purpose of preservation and
maintenance of the wetlands and wetland buffers located on that outlot.
Prior to the issuance of the first building permit for the Property, Developer must submit
to the City Engineer proof that the Deed has been recorded in the Hennepin County
Registrar of Titles' Office.
7. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property and construction thereon or failure to
fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give
24 hours’ notice of such violation, or such longer period as determined by the City in its
sole discretion given the nature of the violation, in order to allow a cure of such violation.
The City need not issue a building or occupancy permit for construction o r occupancy on
the Property while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement will be determined solely and conclusively by the City
Manager or his or her designee.
8. DEVELOPER’S RESPONSIBILITY FOR ITS CONTRACTORS: Developer will
release, defend and indemnify City, its elected and appointed officials, employees and
agents from and against any and all claims, demands, lawsuits, complaints, loss, costs
(including reasonable attorneys’ fees), damages and injunctions relating to any acts,
failures to act, errors, omissions of Developer or Developer's consultants, contractors,
subcontractors, suppliers and agents. Developer will not be released from its
responsibilities to release, defend and indemnify because of any inspection, review, or
approval by City.
9. ELECTRIC VEHICLE CHARGING STATIONS: Developer has volunteered to
provide and maintain a minimum of six (6) electric vehicle (EV) charging parking spaces
with infrastructure in Building 1 and Building 2 as shown on the Plans, for a total of 12
spaces throughout the Project. Developer has agreed that two (2) of these spaces in
Building 1 and Building 2 will have EV charging equipment fully installed and operational
prior to issuance of a certificate of occupancy for the applicable Phase. The remaining four
(4) spaces in each Phase will be reserved for EVs and equipped with 240-volt outlets that
EV owners can plug into with their own charging equipment. This paragraph 9 is not
subject to the enforcement provisions contained in this Agreement.
10. ENCROACHMENT AGREEMENT FOR OUTLOT A: Developer will construct and
maintain the following encroachments on Outlot A, all as shown on the Plans: (i) an
emergency access drive on the south side of Building 2; (ii) sections of trail that are 6 to 8
feet in width; and (iii) lighting (the “Outlot A Encroachments”). Prior to release of the final
plat, the Developer must provide to the City Engineer an Encroachment Agreement in the
form attached as Exhibit D for the Outlot A Encroachments (the “Encroachment
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 5
Agreement”). After approval by the City Engineer, Developer must file the Encroachment
Agreement with the Hennepin County Recorder/Registrar of Titles, as appropriate, as
provided in paragraph 42.
11. ENCROACHMENT AGREEMENT FOR CONSTRUCTION ACTIVITIES:
Developer will need to over excavate or install tie-backs for foundation work and soil
corrections for the buildings. It is anticipated that these encroachments may extend into the
City’s drainage and utility easements, Outlot A, and/or City right-of-way. Should such
encroachments be necessary and prior to any work on the encroachments, Developer must
submit to the City Engineer for approval an encroachment agreement addressing the
encroachments. Upon the City Engineer’s approval and execution by the City, Developer
must file the encroachment agreement with the Hennepin County Recorder/Registrar of
Titles as appropriate, as provided in paragraph 42.
12. ENDANGERED, THREATENED AND RARE SPECIES REVIEW: According to the
United States Fish and Wildlife Service (2021) there are two federally listed species that
may occur within or near the Property. The two federally listed species include the federally
threatened northern long-eared bat and the federally endangered rusty patched bumble bee.
The northern long-eared bat is also considered a special concern species at the state level.
Based on these species potentially occurring within the Property, the Developer must
implement the following avoidance and minimization measures: tree clearing must be
conducted during the northern long-eared bat inactive season (November 1 to March 31).
If tree removal during the active season (April 1 to October 31) is unavoidable, a habitat
assessment must be performed and provided to the City for approval prior to tree clearing.
Developer must implement a rusty patched bumble bee best management practices plan
to avoid or minimize impacts to the rusty patched bumble bee. Developer must minimize
activities during the rusty patched bumble bee nesting and foraging periods. Developer
must post rusty patched bumble bee factsheets in construction trailers and minimize the
use of insecticides and herbicides within the Property.
13. EXTERIOR MATERIALS: As part of the building permit application materials for each
Phase, Developer must submit to the City Planner, and receive the City Planner’s written
approval of a plan depicting exterior materials and colors to be used on the buildings on
the Property consistent with the Exhibit B Plans.
Prior to issuance of any occupancy permit for each Phase, Developer must complete
implementation of the approved exterior materials and colors plan .
14. FINAL PLAT: The final plat of the Property must be recorded with the Hennepin County
Recorder and/or Registrar of Titles’ Office, as applicable, within 90 days of approval by
the City Council or within 2 years of approval of the preliminary plat, whichever occurs
first. If the final plat is not filed within the specified time, the City Council may, upon ten
days written notice to the Developer, consider a resolution revoking the approval.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 6
15. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer must submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan must be prepared and properly signed by a
currently licensed Professional Civil Engineer hired by the Developer. The final
grading and drainage plan must include:
1. Wetland information, including wetland boundaries, wetland buffer strips and
wetland buffer monument locations;
2. “Stormwater Facilities” as that term is defined in City Code Section 11.55,
Subd. 2, including all stationary, temporary, and permanent stormwater BMPs
designed, constructed and operated to prevent or reduce the discharge of
pollutants in stormwater as well as structures built to collect, convey or store
stormwater (“Stormwater Facilities”); and
3. Any other items required with the land alteration permit application and/or by
the City Engineer for release of the permit.
B. LAND ALTERATION PERMIT: Developer must submit the following with all
land alteration, grading and/or filling permit applications as described below and in
accordance with City Code:
1. Design calculations for storm water quality, rate, 100-year high water level
(HWL), and volume, together with a drainage area map;
2. Logs for geotechnical borings and/or infiltration tests within the footprint of all
proposed permanent stormwater management BMPs. Geotechnical borings
must extend to a minimum depth of five (5) feet below the proposed bottom of
the BMP. If the infiltration rates indicated by the geotechnical borings and/or
infiltration tests are more restrictive than the assumptions made in the
Stormwater Management Report, the design of the permanent stormwater
management BMPs must be amended accordingly, and an updated Stormwater
Management Report must be provided.
3. Financial security in the form of a bond, cash escrow, or letter of credit, equal
to 125% of the cost of the improvements to be made pursuant to the permit, in
a format approved by the City and as required by City Code Section 11.55,
Subd. 11 (the “Land Alteration Security”).
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 7
4. At the request of the City Engineer, a maintenance and monitoring plan must
be submitted for all privately owned Stormwater Facilities to ensure they
continue to function as designed in perpetuity, pursuant to and in accordance
with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”).
The Maintenance and Monitoring Plan must include, at a minimum:
a) The party(s) responsible for maintenance;
b) Access plans for inspections, monitoring and/or maintenance;
c) Planting plan (if applicable);
d) Routine and non-routine inspection procedures;
e) Frequency of inspections;
f) Sweeping frequency for all parking and road surfaces (if applicable);
g) Plans for restoration or repairs (including reduced infiltration when
applicable);
h) Performance standards; and
i) Corrective actions that will be taken if the stormwater facility(s) does not
meet performance specifications.
5. Documentation establishing that any Stormwater Facilities constructed and
installed under a structure are designed in conformance with the standards
outlined in the Minnesota Stormwater Manual published by the Minnesota
Pollution Control Agency (the “Minnesota Stormwater Manual”). The
underground system must be kept off-line until construction is complete;
6. Erosion and sedimentation control plan;
7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by
the Minnesota Pollution Control Agency Construction Stormwater Permit; and
8. Infiltration Practices: All proposed practices, measures and methods must be in
accordance with the Minnesota Stormwater Manual. For land alteration permit
applications for projects that incorporate infiltration practices as part of the
Stormwater Facility, this includes but is not limited to:
a) Construction management practices that will be used to ensure the
infiltration system(s) will be protected during construction and functional
after completion of construction;
b) Erosion control measures that will be used to delineate and protect the
infiltration system(s) during construction;
c) Proposed infiltration volumes in cubic feet and rates in inches per hour;
d) Methods that will be used for field verification of infiltration for
stormwater infiltration systems;
e) Methods that will be used to assure that infiltration is restored, if needed;
f) Locations for material storage establishing that materials will not be
stockpiled or stored within the proposed infiltration area(s);
g) Vehicular access and parking routes (must not be allowed within the
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 8
infiltration area(s));
h) Construction techniques that will be used to protect the infiltration
capacity by limiting soil compaction the greatest extent possible,
including use of erosion control fencing to delineate the infiltration area
and use of low-impact earth moving equipment; and
i) Strategies and corrective measures to address non-infiltrating soils found
within the footprint of the proposed BMP(s) during construction.
C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION:
The Developer must employ the licensed Professional Engineer who prepared the
final grading plan or another licensed professional qualified to perform the work
(to be approved in writing by the City Engineer) to complete the following:
1. Monitor the construction of Stormwater Facilities and temporary BMPs for
conformance to the approved final grading plan, the Minnesota Storm Water
Manual, and the SWPPP, as applicable.
2. Enter all inspection, monitoring, and maintenance activities and/or reports
regarding site construction and land alteration permit requirements into the
City’s web-based erosion and sediment control permit tracking program
(currently PermiTrack ESC). Inspections must be conducted at least bi-weekly
between April 1 and October 31 and after precipitation events exceeding 0.5
inches.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be
maintained by the Developer during construction and for a minimum of two (2) full
growing seasons after City confirmation of completion of the Stormwater Facilities
as determined by the City Engineer. Repairs completed during this time must be
done in accordance with the land alteration permit and City Code Section 11.55,
Subd. 7. Repairs to privately owned and maintained Stormwater Facilities must be
done in accordance with the Maintenance and Monitoring Plan. If the Stormwater
Facilities are not functioning as designed at the end of the minimum 2-year period,
the City Engineer may extend the Developer’s maintenance responsibility or
require further repairs.
Once the minimum 2-year period has been reached or the City has determined that
the Stormwater Facilities conform to the design criteria established in the land
alteration permit and the SWPPP, whichever is longer, the then-current owner of
the Property will be responsible for all future inspections and maintenance of the
Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there
is a drainage easement present over the Stormwater Facility(s), the easement holder
will be responsible for inspections and maintenance.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 9
Pervious surfaces must be stabilized with seed and mulch, or sod and all impervious
surfaces must be completed prior to final grading and planting of the stormwater
infiltration systems.
E. LAND ALTERATION PERMIT FINANCIAL SECURITY: Prior to release of
the Land Alteration Security, Developer must complete implementation of the
approved SWPPP. Any remaining Land Alteration Security must be released to the
person who deposited the Land Alteration Security upon determination by the City
that the requirements of City Code Section 11.55 and the conditions of the land
alteration permit have been satisfactorily performed, in accordance with Section
11.55, subd. 13.
16. GREEN ROOFS: Developer will be incorporating green roof areas into the rooftop plazas
on Building 1 and Building 2, as shown on the Plans. The Developer will be solely
responsible for the installation and long-term maintenance of the green roofs.
17. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit
to the City Planner and receive the City Planner’s written approval of a plan for irrigation
of the landscaped areas on the Property. The irrigation plan must be designed so that water
is not directed on or over public trails and sidewalks.
Developer must complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C.
18. LANDSCAPE PLAN: Prior to issuance of a land alteration permit, the Developer must
submit to the City Planner and receive the City Planner’s written approval of an executed
landscape agreement for the applicable Phase and a final landscape plan for the applicable
Phase. The approved landscape plan must be consistent with the quantity, type, and size of
all plant materials shown on the landscape plan on the Exhibit B Plans and including all
proposed trees, shrubs, perennials, and grasses.
Prior to land alteration permit issuance, Developer must also submit to the City Planner
and receive the City Planner's written approval of a security in the form of a cash escrow
or letter of credit equal to 150% of the cost of the tree and landscape improvements
including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape
plan for the applicable Phase on the Exhibit B Plans (the “Landscape Security”). Developer
may provide separate Landscape Securities for each Phase.
The installation must conform to the approved landscape plan including but not limited to
the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to
the landscape plan or landscaping installed on the Property, including but not limited to
removal and relocation, must be reviewed and approved by the City Planner prior to
implementing such changes. Developer must complete implementation of the approved
landscape plan as depicted on the Exhibit B Plans and in accordance with the terms and
conditions of Exhibit C of this Agreement. The Landscape Security for each phase will be
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 10
released in accordance with the terms of the landscape agreement and with paragraph 19
of this Agreement regarding mechanical equipment screening.
19. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical
equipment on the Property. For purposes of this paragraph, “mechanical equipment”
includes gas meters, electrical conduits, water meters, and standard heating, ventilating,
and air-conditioning units. Financial security to guarantee construction of such screening
with each Phase is included with the Landscape Security as described in paragraph 18, in
accordance with City Code requirements. Developer must complete construction of
mechanical equipment screening prior to issuance of any occupancy permit for the
applicable Phase.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not
meet City Code requirements to screen mechanical equipment from public streets and
differing, adjacent land uses, then the City Planner will notify Developer and Developer
must take corrective action to reconstruct the mechanical equipment screening in order to
cure the deficiencies identified by the City Planner. Developer agrees that the City will not
release the Landscape Security until Developer completes all such corrective measures.
20. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary
approvals issued by other agencies for the project to the City Engineer. These submittals
are required prior to issuance by the City of the corresponding City permit(s). The agencies
issuing such approvals include, but are not necessarily limited to the following: the
Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Nine
Mile Creek Watershed District, the Minnesota Department of Health, Metropolitan
Council, the Minnesota Department of Transportation, Hennepin County.
The City Planner may determine that conditions of approval required by the Nine Mile
Creek Watershed District require changes to the City approvals granted with this
Agreement which may entail additional City review, including public hearing(s) for
recommendation by the Planning Commission and approval by the City Council.
Developer consents to such additional review as determined by the City Planner and agrees
to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the
additional review.
21. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated
in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare
laws and regulations. Developer further agrees that the facility upon the Property will be
operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the
Property boundary lines.
22. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code
requirements within the TOD Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD 13-2022-
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 11
PUD-7-2022:
A. Building Setback
City Code requires a maximum front setback of 20 feet in the TOD-R Zoning
District. Due to the angle of Building 1, the front setback along Flying Cloud Drive
ranges from 10 feet at the north end to 43 feet at the south end. The first 35 feet of
the west façade from the north corner complies with the setback as the setback
ranges from 10 feet to 20 feet. The remaining 95 feet of the west façade to the south
end has setbacks ranging from just over 20 feet to 45 feet. The waiver all ows the
setback along the 95-foot long portion of Building 1 fronting on Flying Cloud Drive
to exceed the front setback from 20 to 45 feet as shown on Exhibit B.
B. Commercial Uses on First Floor
City Code requires a small amount of commercial uses (first floor retail, service
and restaurants) to support the day to day needs of the residents in the TOD Zoning
District. The waiver eliminates the commercial-use requirement and, as a result,
provides for a design that accommodates the parking inside an enclosed structure,
in compliance with City Code.
C. Ground Floor Transparency
City Code requires a minimum of 40% ground floor transparency for street facades.
The waiver allows no ground floor transparency for Building 2 along the Flying
Cloud Drive frontage.
D. Class I Materials Only on the Ground Level.
In the TOD Zoning Districts, only Class 1 building material may be used on the
ground level. The waiver allows Class II material and a small amount of Class I
material on portions of the parking structure at ground level.
E. Structure Setback for Wetlands
City Code requires a structure setback of 25 feet from the wetland buffer areas for
high quality wetlands (the wetland mitigation sites located on Outlots A and B) and
15 feet from the wetland buffers for the remaining moderate-quality wetland buffers
located on Outlots A and B. Structure setback areas may include landscaping and
permeable nature trails. The following waivers are approved:
• For Wetland 01-34-A, a structure setback reduction from 15 feet to 2 feet at
the north retaining wall and from 15 feet to 5 feet at the west retaining wall.
• For Wetland 01-34-A, a structure setback reduction from 25 feet to 6 feet at
the southeast corner of Building 2, from 25 feet to 6 feet from the W. 70th
Street trail, and from 25 feet to 2 feet along the fire access road south of
Building 2.
• For Wetland 1-34-H, a structure setback reduction from 25 feet to 5 feet for
the pickle ball court, and from 25 feet to 1 foot adjacent to the paved portion
of the fire lane on the east side of Building 1.
• For Wetland 01-34-F, a structure setback reduction from 15 feet to 6 feet at
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 12
the wall of Building 2 and from 15 feet to 6 feet at the existing W. 70th street
trail.
The waivers provide additional usable area for the Buildings, drive aisles, trails,
and site amenities and structures on a site that includes significant wetland areas.
23. ORIGINAL DEVELOPMENT AGREEMENT: This Agreement supersedes and
replaces the terms of the Original Development Agreement as applied to the Property.
24. REMOVAL OF EXISTING BUILDING FOUNDATION AND SEWER AND
WATER SERVICES: Prior to issuance by the City of any permit for grading or building
on the Property, Developer must submit to the Chief Building Official and obtain the Chief
Building Official's written approval of plans for demolition and removal of the existing
building foundation and sewer and water services on the Property that will not be utilized
for the proposed Project.
25. REMOVAL OF BOARDWALK AND LOOP TRAIL: Prior to the issuance of the first
Certificate of Occupancy, Developer must remove the existing boardwalk across the
wetland and the loop trail north of W. 70th Street as shown on the Plans. Prior to
commencing the removal of the boardwalk and trail, the Developer must obtain approval
from the Nine Mile Creek Watershed District and submit a copy of the approval to the City.
26. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building
on the Property, Developer must obtain a building permit for retaining wall construction
from the City for any retaining walls greater than four feet in height for the applicable
Phase. Retaining walls must not be constructed in a drainage or utility easement area.
The retaining wall plans submitted with the permit application must include details with
respect to the height, type of materials, and method of construction to be used for the
retaining walls.
Developer must construct the retaining wall in accordance with the terms of the permit and
terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy
permit for the applicable Phase.
All maintenance and repair of all retaining walls on the Property are the responsibility of
the Developer, its successors and assigns.
27. SIDEWALK AND TRAIL CONSTRUCTION Prior to issuance by City of any building
permit for the Property, Developer must submit to the City Engineer and obtain written
approval of detailed plans for all sidewalks and trails to be constructed on the Property.
The plans for the trail connection to the LRT station must also be submitted to and approved
by the Metropolitan Council. The sidewalks and trails must be constructed in the locations
shown on the Exhibit B Plans.
28. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 13
11.70, Developer must obtain a sign permit from the City. The application must include a
complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign in accordance with the requirements
of City Code, Section 11.70, Subdivision 5.
29. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole
lighting must not exceed 25 feet in height. Developer must complete implementation of
the lighting plan in Exhibit B prior to issuance of any occupancy permit for the applicable
Phase.
30. SUSTAINABILITY FEATURES: The Developer shall provide sustainable components
as provided in the Exhibit B Plans. Unless otherwise provided in this Agreement,
Developer’s obligation to provide such sustainable components may be enforced by the
City under the terms and conditions of this Agreement.
31. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling,
and organic waste bins or receptacles will at all times be located inside the Buildings.
32. UTILITY EASEMENTS: Developer agrees that prior to approval of the final plat for the
Property, Developer must dedicate drainage and utility easements to the City on the final
plat as shown on the Plans.
33. VACATION OF DRAINAGE AND UTILITY EASEMENTS: The existing drainage
and utility (“D&U”) easements as shown on the existing plat for the Property (Liberty
Plaza) must be vacated and new D&U easements granted on the new final plat for the
Property, as shown on the Plans. With the exception of a small portion of existing D&U
easement located in the center of the site, the location of the new D&U easements will be
identical to the location of the existing easements. Because the D&U easement locations
are not changing, the City will not require Developer to provide written consent to the
vacation from utility companies with infrastructure in the existing D&U easements. Prior
to the issuance of land alteration permit, building permit for Phase I, or release of the final
plat for the Property (whichever occurs first), the City Council must have adopted a
resolution vacating existing drainage and utility easements as presented in the Plans.
34. PUBLIC ART: The Exhibit B plans include potential areas for public art as follows: along
the parking garage façade, the retaining wall facing the wetlands/LRT station and various
locations near the wetlands. In collaboration with the City, Developer will provide for the
installation of public art on the Project in one or more of these locations. Developer and
City shall work together to solicit proposals, evaluate the proposals, and select the art and
timing of installation. The Developer’s obligations to pay for public art required hereunder
shall not exceed and aggregate total of $35,000.00 for the total cost of the artwork installed
at the Project (which includes design, engineering, and landscaping for the public art).
Developer will be responsible for maintaining the public art.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 14
35. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the
Property owner and any agents, tenants, or contractors employ best management practices
to minimize the discharge of polluted runoff from salt storage and:
1. The designated salt storage area is indoors;
2. The designated salt storage area is located on an impervious surface and is located
downgradient from any Stormwater Facilities; and
3. Practices to reduce exposure when transferring material in designated salt storage
areas (sweeping, diversions, and/or containment) are implemented.
Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from
the Minnesota Pollution Control Agency. The certified individual(s) are responsible for
the application of appropriate deicing material at the proper amount and rate.
Snow must not be stored in any required parking or stormwater treatment areas. If the
Property does not provide adequate snow storage areas, the Developer and/or owner must
remove the snow from the Property.
36. AFFORDABLE UNITS AND INCLUSIONARY HOUSING UNITS – TIF.
Developer and the HRA are parties to an Amended and Restated Tax Increment Financing
Agreement dated __________________, 2023 (“TIF Agreement”). As described in the TIF
Agreement, during the 26-year period of the TIF Agreement, Developer must provide
Affordable and Inclusionary housing units in the Project and provide annual reporting to
the City. Developer’s failure to provide the Affordable and Inclusionary Units as follows
will constitute a default under this Agreement subject to all the rights and remedies of the
City as provided in this Agreement. Developer’s obligations as to Affordable and
Inclusionary Units are as follows (capitalized terms and section and exhibit references in
the following paragraphs of this paragraph 36 are as used in the TIF Agreement):
(A) Affordable Units.
(1) Phase I: At least 49 of the residential units in the Project Phase I must be
Affordable Units and must be occupied or available for occupancy by persons whose
incomes do not exceed 50% of AMI. The Affordable Units must include a minimum of 11
studio units, 19 one-bedroom units, 15 two-bedroom units and 4 three-bedroom units. This
Affordable Unit requirement must be satisfied through the AMI Extended Termination
Date for all the Affordable Units. The obligation of Developer to provide the Affordable
Units through the AMI Extended Termination Date as set forth in this Section 3.4(1)(A)
will survive and remain in full force and effect beyond the Termination Date through the
AMI Extended Termination Date.
(2) Phase II: At least 38 of the residential units in the Project Phase II must be
Affordable Units and must be occupied or available for occupancy by persons whose
incomes do not exceed 50% of AMI. The Affordable Units must include a minimum of 8
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 15
studio units, 15 one-bedroom units, 11 two-bedroom units and 4 three-bedroom units. This
Affordable Unit requirement must be satisfied through the AMI Extended Termination
Date for all the Affordable Units. The obligation of Developer to provide the Affordable
Units through the AMI Extended Termination Date as set forth in this Section 3.4(2)(A)
will survive and remain in full force and effect beyond the Termination Date through the
AMI Extended Termination Date.
(B) Inclusionary Units.
(1) Phase I: A minimum of 12 units in the Project Phase I must remain
affordable in perpetuity as Inclusionary Units to households whose annual income is at
80% or less of AMI. The Inclusionary Units must include 3 studio units, 5 one-bedroom
units, 3 two-bedroom units and 1 three-bedroom unit, and are subject, including rents and
incomes, to review and approval by the City. The Inclusionary Units are further subject to
the requirements of Eden Prairie City Code § 13.03. The obligation of Developer to
provide Inclusionary Units as set forth in this Agreement, including in this Section
3.4(1)(B), will survive and remain in full force and effect after expiration, cancellation,
termination, or rescission of this Agreement pursuant to its terms or by either party.
(2) Phase II: A minimum of 9 units in the Project Phase II must remain
affordable in perpetuity as Inclusionary Units to households whose annual income is at
80% or less of AMI. The Inclusionary Units must include 2 studio units, 3 one-bedroom
units, 3 two-bedroom units and 1 three-bedroom unit, and are subject, including rents and
incomes, to review and approval by the City. The Inclusionary Units are further subject to
the requirements of Eden Prairie City Code § 13.03. The obligation of Developer to provide
Inclusionary Units as set forth in this Agreement, including in this Section 3.4(1)(B), will
survive and remain in full force and effect after expiration, cancellation, termination, or
rescission of this Agreement pursuant to its terms or by either party.
(C) Rent Restrictions. Borrower must restrict rents and incomes in the Project for the
Affordable Units and the Inclusionary Units to amounts not exceeding the Multifamily
Rent and Income Limits set by the United States Department of Housing and Urban
Development (“HUD”) and promulgated by the Minnesota Housing Finance Agency
(“MHFA”) (or, if MHFA no longer promulgates such data, then by a similar resource that
promulgates the HUD data), as adjusted for family size, as the same may be updated from
time-to-time. Attached hereto as Exhibit D are the Multifamily Rent and Income Limits in
effect as of the date of this Agreement. The parties further agree that subject to the
provisions of the Tax Increment Act and Section 142(d) of the Internal Revenue Code, the
Developer is not obligated to extend any allowances to tenants for utilities or otherwise,
and will be permitted to charge and collect from tenants gross maximum rents.
(D) Income Increase. Developer shall comply with the requirements of 26 U.S.C.
Section 142(d)(3) and the regulations promulgated thereunder, as the same may be
amended from time to time, with respect to income increase of a tenant during the term of
the tenancy.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 16
Reporting Requirements - Affordable Units.
(A) Compliance Certificate. On or before each January 1 and July 1 during the period
that either TIF Note is outstanding, commencing on July 1, 2025 for TIF Note Phase I and
on July 1, 2027 for TIF Note Phase II, the Developer or an agent of the Developer must
deliver or cause to be delivered to the HRA an Affordable Unit Compliance Certificate in
substantially the form shown on Exhibit E-1 attached hereto with respect to Development
Property Phase I and the form shown on Exhibit E-2 attached hereto with respect to
Development Property Phase II, executed by the Developer covering the preceding six (6)
months together with written evidence satisfactory to the HRA of compliance with the
covenants in Section 3.4(1)(A) and (C). This evidence must include a statement of the
household income of each qualifying renter, a written determination that each qualifying
renter’s household income fell within the qualifying limits of this Section (and Section
142(d) of the Internal Revenue Code), and a certification that the income documentation is
correct and accurate (and that the determination of qualification was made in compliance
with Section 142(d) of the Internal Revenue Code). The HRA may review, upon request,
all documentation supporting the Developer’s submissions and statements. In determining
compliance with this Section, the Developer must use the AMI for the year in which the
payment is due on the TIF Note.
(B) Rent Roll. On or before each January 30 during the period that the either TIF Note
is outstanding, commencing on January 30, 2026 for TIF Note Phase I and on January 30,
2028 for TIF Note Phase II, the Developer or an agent of the Developer must deliver or
cause to be delivered to the HRA a Rent Roll Certificate for each Development Property
for the Affordable Units as described in Section 3.4(1)(A) (“Affordable Unit Rent Roll”),
in substantially the form shown on Exhibit F attached hereto, executed by the Developer
covering the preceding twelve (12) months.
Reporting Requirements - Inclusionary Units.
(A) Compliance Certificate. On or before each January 1 of each year, commencing on
July 1, 2025 for Development Property Phase I and on July 1, 2027 for Development
Property II, the Developer or an agent of the Developer must deliver or cause to be
delivered to the HRA an Inclusionary Unit Compliance Certificate for the Development
Property in substantially the form shown on Exhibit G-1 attached hereto with respect to
Development Property Phase I and the form shown on Exhibit G-2 attached hereto with
respect to Development Property Phase II, executed by the Developer covering the
preceding twelve (12) months together with written evidence satisfactory to the HRA of
compliance with the covenants in Section 3.4(1)(B) and (C). This evidence must include a
statement of the household income of each qualifying renter, a written determination that
each qualifying renter’s household income fell within the qualifying limits of this Section
(and Section 142(d) of the Internal Revenue Code), and a certification that the income
documentation is correct and accurate (and that the determination of qualification was
made in compliance with Section 142(d) of the Internal Revenue Code). The HRA may
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 17
review, upon request, all documentation supporting the Developer’s submissions and
statements. In determining compliance with this Section, the Developer must use the AMI
for the year in which the payment is due on the TIF Note.
(B) Rent Roll. On or before each January 30 commencing on January 30, 2026, for
Development Property Phase I and on January 30, 2028 for Development Property Phase
II, the Developer or an agent of the Developer must deliver or cause to be delivered to the
HRA an Inclusionary Unit Rent Roll Certificate for the Inclusionary Units as described in
Section 3.4(1)(B) (“Inclusionary Unit Rent Roll”), in substantially the form shown on
Exhibit H attached hereto, executed by the Developer covering the preceding twelve (12)
months together with a written certificate reasonably satisfactory to the HRA that
Developer is in compliance with the covenants in Section 3.4(1)(B) and (C). The
Inclusionary Unit Rent Roll must set forth (i) the rent for each Inclusionary Unit and (ii)
for each Inclusionary Unit, the rent for a comparable market rate unit. The HRA will
review the Inclusionary Unit Rent Roll and will approve any proposed Inclusionary Unit
Rent Roll, provided such rents are not in excess of the rent limits in Section 3.4(1)(C). Any
Inclusionary Unit Rent Roll submitted by the Developer will be considered approved
unless disapproved by the HRA within sixty (60) days after submission. The HRA must
provide written reasons if any Inclusionary Unit Rent Roll is disapproved. The Developer
will have sixty (60) days following receipt of any notice of disapproval to cure any
objections the HRA has made in its notice of disapproval and to submit a revised
Inclusionary Unit Rent Roll to the HRA for review and approval as provided in this Section.
The Developer’s failure to obtain the HRA’s approval of a revised Inclusionary Unit Rent
Roll during such sixty (60) day cure period will constitute a default by Developer.
On or before each January 1 and July 1 during the period that a TIF Note is outstanding for
the applicable Development Property, commencing on July 1, 2025 for TIF Note Phase I
and on July 1, 2027 for TIF Note Phase II, the Developer or an agent of the Developer must
deliver or cause to be delivered to the HRA an Income Certification from each tenant
leasing an Affordable Unit or an Inclusionary Unit, such certification to be in substantially
the form shown on Exhibit I attached hereto, executed by the tenant covering the preceding
six (6) months for an Affordable Unit and the preceding twelve (12) months for an
Inclusionary Unit.
Developer may not refuse to lease any Affordable Unit or Inclusionary Unit to a
prospective tenant on the basis of the prospective tenant’s receipt of, or eligibility for,
housing assistance, social security, Housing Choice Vouchers, or other types of public or
private assistance and must accept a Housing Choice Voucher as a valid form of income.
37. WETLAND PLAN:
Prior to release of a land alteration permit for any portion of the Property, Developer must
submit to the Water Resources Coordinator and receive the Water Resources Coordinator’s
approval of a “Wetland Plan” as that term is defined in City Code § 11.51, Subd. 3. The
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 18
approved Wetland Plan must be consistent with the materials and requirements shown on
the Plans and as required by City Code. The Wetland Plan must include the following
elements.
A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer must
submit to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) and
Wetland Delineation Report in accordance with the Wetland Plan and City Code
requirements. If the Delineation or Buffer Reports identify any unacceptable
vegetation or other conditions, the wetland and/or wetland buffer strip must be
graded, treated, reseeded and/or replanted (“Wetland Landscaping”) by the
Developer within 90 days of submission of the Buffer Report or within 90 days
after receipt of a wetland permit for wetland alteration. If the Wetland Plan is
submitted after September 30th, the Wetland Landscaping must be completed by
June 30th of the following year. If Wetland Landscaping is required, the Developer
must submit a signed statement by a qualified wetland consultant, as determined by
the Water Resources Coordinator, stating that the wetland and/or wetland buffer
strip vegetation complies with all City requirements within 30 days of completion
of the Wetland Landscaping.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer must submit
a signed contract with a qualified wetland consultant, as determined by the Water
Resources Coordinator, for preparation of an Annual Wetland and Wetland Buffer
Strip Evaluation Report (“Annual Buffer Report”) that evaluates the condition of
the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance
with all City requirements. The Annual Buffer Report must provide both an action
plan and proposed cost for correction of all problems identified within the
wetland(s) and/or wetland buffer strip(s).
The first Annual Buffer Report must be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report must be submitted by November 1 annually
until two full growing seasons following completion of the Project have passed, at
which point a final Annual Buffer Report must be submitted. The final Annual
Buffer Report must evaluate the wetland(s) and wetland buffer strip(s) to determine
if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements.
If any unacceptable conditions or vegetation are identified within any Annual
Buffer Report, the Developer must correct the area(s) identified within 90 days of
submission of the Annual Buffer Report.
C. Conservation Easement: Developer must submit a Conservation Easement in the
form attached as Exhibit E, for review and written approval by the Water Resources
Coordinator, for the wetland, wetland buffer, and wetland replacement area(s)
delineated on the Plans. Locations for all nature trails must be included on the
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 19
Conservation Easement plans. After approval by the City, Developer must file the
Conservation Easement with the Hennepin County Recorder and/or Registrar of
Titles’ Office as appropriate as provided in paragraph 42.
Prior to the issuance of the first building permit for the Property, Developer must
submit to the Water Resources Coordinator proof that the Conservation Easement
has been recorded in the Hennepin County Recorder and/or Registrar of Titles’
Office as appropriate.
D. Wetland Buffer Strip Monuments: The Wetland Plan must include a plan to
install all wetland buffer strip monuments for the applicable Phase prior to release
of the first building permit for the applicable Phase. The Wetland Security referred
to in paragraph E below must include the cost for location, including surveying,
and installation of the monuments. Wetland buffer strip monument locations must
be shown on the final grading plan and final plat. The monument must consist of
a post and a wetland buffer strip sign. The post must be a 1.12 to 2.0 pounds per
foot (1.12 pounds per foot is preferred) green steel channel post or other material
pre-approved in writing by the Water Resources Coordinator. The post must be a
minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign must
have a minimum size of 3 inches by 8 inches (3” x 8”). The sign must be mounted
flush with the top of the post and must include the statement “Conservation
Easement: No Mowing Allowed - Wetlands and buffers filter pollutants, reduce
flooding and provide habitat.” The signs must also include both the City and Nine
Mile Creek Watershed District logos and website addresses. The post must be
mounted to a height of four feet above grade and set at least 2.5 feet in the ground.
Removal of the wetland buffer strip monuments is prohibited.
E. Wetland Security: Developer must furnish to the Water Resources Coordinator
and receive the Water Resources Coordinator’s approval of a Wetland Plan
performance bond, cash escrow, or letter of credit in a format approved by the
Water Resources Coordinator or other guarantee acceptable to the Water Resources
Coordinator equal to 150% of the cost, as estimated by the Water Resources
Coordinator, of completing the Wetland Plan requirements and/or Wetland
Landscaping. The Wetland Security must cover costs associated with the Wetland
Plan during development and for two full growing seasons following completion
of the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,
the City may draw upon the Wetland Security in whole or in part to pay the cost of
implementation.
38. MORTGAGEE CONSENT. For any mortgage lien recorded against the Property prior
to recording this Agreement, Developer must deliver to the City a consent and
subordination in the form attached hereto as Exhibit F.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 20
40. NOTICE. Required notices to the City or Developer shall be in writing and shall be either
personally delivered to the receiving party, its employees or agents, or mailed to the
receiving party by certified mail at the following addresses:
CITY: DEVELOPER:
8080 Mitchel Road, 607 North Washington Ave.
Eden Prairie, MN 55344 Suite 100
Minneapolis, MN 55401
If GTS Phase I Property LLC is no longer the owner of the Property, notices to Developer
will be sent to the owner of the Property at the taxpayer address on file with Hennepin
County.
41. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument.
42. ANTICIPATED RECORDING ORDER. The parties agree that the documents
contemplated for recording with the Hennepin County Recorder/Registrar of Titles under
this Agreement are anticipated to be recorded in the following order, prior to any new
mortgage on the Property:
1. Certified Copy of Resolution Vacating Easements (Paragraph 33)
2. Final Plat
3. Conservation Easement (Paragraph 37)
4. Warranty Deed from Developer to City for Outlot A (Paragraph 6)
5. Amended and Restated Development Agreement (Exhibit C, Paragraph XIX)
6. Amended and Restated TIF Development Agreement (Paragraph 36)
7. Assessment Agreement Phase I (see TIF Agreement)
8. Assessment Agreement Phase II (see TIF Agreement)
9. Declaration of Cross Access, Parking, and Utility Easement (Paragraph 5)
10. Encroachment Agreement for Outlot A (Paragraph 10)
11. Encroachment Agreement for Construction Activities (Paragraph 11)
The City reserves the right to revise this order in the City’s closing instructions letter as deemed
necessary by the City in its sole discretion.
[SIGNATURE PAGES TO FOLLOW.]
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 21
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case
Its Mayor
By____________________________
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________
Notary Public
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 22
EP GTS Housing Phase I LLC
By ________________________________
Its ________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2023, by
_______________________________________, the , EP
GTS Housing Phase I LLC, a Delaware limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 23
EXHIBIT A
DEVELOPMENT AGREEMENT
Legal Description Before Final Plat
Lot 1, Block 1, and Outlot A, Liberty Plaza, except those parts lying northeasterly of the
following described line:
Commencing at the northeast corner of said Outlot A; thence westerly on an azimuth of 273
degrees 14 minutes 16 seconds along the north line of said Outlot A, 341.50 feet to an angle
point in the north line of said Outlot A; thence on an azimuth of 282 degrees 16 minutes 45
seconds along said North line of Outlot A, 6.01 feet to the point of beginning of the line to be
described; thence on an azimuth of 167 degrees 46 minutes 59 seconds 657.56 feet to the South
line of said Lot 1, Block 1, Liberty Plaza, and said line there terminating.
Hennepin County, Minnesota
Torrens Property
Legal Description After Final Plat
Lots 1 and 2, Block 1, and Outlot A, Golden Triangle TOD, according to the recorded plat
thereof, Hennepin County, Minnesota
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 24
EXHIBIT B
DEVELOPMENT AGREEMENT
Exhibit B
Project Narrative dated 1/3/22 by Greco
Cover Sheet dated 2/17/22 by Westwood Professional Services, Inc.
ALTA/NSPS Land Title Survey dated 7/28/21 by Westwood Professional Services, Inc.
Existing Conditions and Removals Plan dated 2/17/22 by Westwood Professional Services, Inc.
Significant Tree Inventory dated 2/17/22 by Westwood Professional Services, Inc.
Preliminary Plat dated 2/17/22 by Westwood Professional Services, Inc.
Civil Site Plan dated 2/17/22 by Westwood Professional Services, Inc.
Grading Plan dated 2/17/22 by Westwood Professional Services, Inc.
Cut-Fill Plan dated 2/17/22 by Westwood Professional Services, Inc.
Erosion Control Plan dated 2/17/22 by Westwood Professional Services, Inc.
Sanitary and Water Plan dated 2/17/22 by Westwood Professional Services, Inc.
Stormwater Plan dated 2/17/22 by Westwood Professional Services, Inc.
Details dated 2/17/22 by Westwood Professional Services, Inc.
Details dated 2/17/22 by Westwood Professional Services, Inc.
Wetland Buffer Requirements dated 2/17/22 by Westwood Professional Services, Inc.
Proposed Wetland Buffer Plan dated 2/17/22 by Westwood Professional Services, Inc.
City Wetland Buffer Structure Setback Plan dated 2/17/22 by Westwood Professional Services, Inc.
Conservation Easement Plan dated 2/17/22 by Westwood Professional Services, Inc.
Exterior Renderings dated 1/31/22 by BKV Group
Exterior Renderings dated 1/31/22 by BKV Group
Site Rendering dated 2/17/22 by BKV Group
Lighting Plan dated 2/17/22 by Pulse
Overall Site Landscape Plan dated 1/31/22 by BKV Group
Site Planting Plan North dated 1/31/22 by BKV Group
Site Planting Plan South dated 1/31/22 by BKV Group
Landscape Details dated 1/31/22 by BKV Group
Building 1 – Floor Plans dated 1/31/22 by BKV Group
Building 2 – Floor Plans dated 1/31/22 by BKV Group
Building 1 – Materials and 3D Views dated 1/31/22 by BKV Group
Building 1 – Elevations dated 1/31/22 by BKV Group
Building 2 – Materials and 3D Views dated 1/31/22 by BKV Group
Building 2 – Elevations dated 1/31/22 by BKV Group
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 25
EXHIBIT C
DEVELOPMENT AGREEMENT
I Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing the following for the
applicable Phase: existing and proposed contours, proposed streets, and lot arrangements
and size, minimum floor elevations on each lot, preliminary alignment and grades for
sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas,
tributary areas to catch basins, arrows showing direction of storm water flow on all lots,
location of walks, trails, and any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed
District for review and approval. Developer shall follow all rules and recommendations of
said Watershed District.
III. Except as otherwise provided in paragraph 3, Developer shall pay cash park fees as to all
of the Property required by City Code in effect as of the date of the issuance of each
building permit on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Developer, its successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, subject to matters of
record.
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the “Dedicated Property”),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances, except for such matters of record. Prior to final plat approval,
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 26
Developer shall provide to the City a current title insurance policy insuring such a
condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not limited
to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances.
D. That, to Developer’s knowledge, no previous owner, operator or possessor of the
Property deposited, stored, disposed of, placed or otherwise allowed in or on the
Property any hazardous substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees
and costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable
City ordinances affecting the development of the Property. Developer agrees to develop
the Property in accordance with the requirements of all applicable City Code requirements
and City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to the City fees for the first three (3)
years’ street lighting on the public streets adjacent to the Property (including installation
costs, if any, as determined by the electrical power provider), engineering review, and street
signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval for each Phase. Developer shall follow
all the recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 27
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to
perform any covenant, condition, or provision made herein, City may, at its option, institute
and prosecute an action to specifically enforce such covenant, withhold building permits
or rescind or revoke any approvals granted by the City. No remedy conferred in this
agreement is intended to be exclusive and each shall be cumulative and shall be in addition
to every other remedy. The election of anyone or more remedies shall not constitute a
waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast of the development contemplated by this Development Agreement. Notice
shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or
CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305.
XIII. Prior to building permit issuance for a Phase, all fees associated with the building permit
for that Phase shall be paid to the Inspections Department, including; Building permit fee,
plan check fee, State surcharge, metro system access charge (SAC), City SAC and City
water access charge (WAC), and park dedication, for the applicable Phase. Contact
Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance for a Phase, and except as otherwise authorized in the
approved Plans, existing structures, wells and septic systems (if present) shall be properly
abandoned or removed as required by City ordinance and all permits obtained through the
Inspections Department.
XV. Prior to building permit issuance for a Phase, provide two copies of an approved survey or
site plan (1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines for the applicable Phase.
XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property with respect to a Phase until all requirements listed in this
Exhibit C have been satisfactorily addressed by Developer with respect to the applicable
Phase.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment shall
be levied upon or collected from the general credit, general fund or taxing powers of the
City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading
“Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top
of the post.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 28
XIX. On or before the close of Developer’s construction loan mortgage financing for Phase I,
the Developer shall record the Development Agreement at the County Recorder and / or
Registrar of Titles. The final plat shall not be released until proof of filing of the
Development Agreement is submitted to the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the
“Security”) is required if the Developer defaults with respect to any term or condition in
this Agreement for which Security is required and fails to cure such default(s) within ten
(10) days after receipt of written notice thereof from the City; provided however if the
nature of the cure is such that it is not possible to complete the cure within ten (10) days, it
shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The
Developer acknowledges that the City does not assume any obligations or duties of the
Developer with respect to any such contract agreements unless the City shall agree in
writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon
five (5) business days notice to the Developer, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If
the obligations for which Security is required are not completed at least thirty (30) days
prior to the expiration of the Security and if the Security has not then been renewed,
replaced or otherwise extended beyond the expiration date, the City may also draw down
or make a claim against the Security as appropriate. If the Security is drawn down on or a
claim is made against the Security, the proceeds shall be used to cure the default(s) and to
reimburse the City for all costs and expenses, including reasonable attorneys’ fee, incurred
by the City in enforcing this Agreement.
XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by
the City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person, including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof, or otherwise give rise to any cause of action for any person
not a party hereto.
XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued
for the Property until the Developer has recorded the final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
with the Applications. These costs include internal City administrative, planning and,
engineering costs and consulting costs, including but not limited to legal, engineering,
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 29
planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 30
EXHIBIT D
DEVELOPMENT AGREEMENT
ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC
PROPERTY
This Encroachment Agreement For Private Use of Public Property (hereinafter “Encroachment
Agreement”) is made this ____ day of ______________, 2023, between the CITY OF EDEN
PRAIRIE, Minnesota, a municipal corporation (the “City”), and GTS Housing Phase I LLC, a
Delaware limited liability company (the “Owner”).
RECITALS:
A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota,
legally described as follows:
Lots 1 and 2, Block 1, Golden Triangle TOD, Hennepin County, Minnesota
(“Owner’s Property”);
B. The City is the fee owner of property abutting Owner’s Property, legally described as
follows:
Outlot A, Golden Triangle TOD, Hennepin County, Minnesota.
(“Outlot A”);
C. Owner and City have entered into that certain Amended and Restated Development
Agreement dated ___________________, 2023 (hereinafter “Development Agreement”)
regarding improvements to be constructed on Owner’s Property.
D. Owner desires to construct, install, and maintain an emergency access drive on the south
side of Building 2 providing access from W. 70th Street to Owner’s Property (the
“Emergency Access Drive”). The location of the Emergency Access Drive and associated
infrastructure is depicted on the Plans attached hereto as Exhibit A (hereinafter the
“Plans”);
E. Owner further desires to construct, install, and maintain a 6’ wide pervious trail, an 8’ wide
pervious trail, a short segment of impervious trail, and associated lighting within Outlot A
for the benefit of the future residents of Owner’s Property (the “Trails and Lighting”), the
location of which Trails and Lighting is also depicted on the Plans;
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 31
F. The Emergency Access Drive and the Trails and Lighting will be collectively referred to
in this Agreement as the “Improvements”; and
G. The Development Agreement requires this Encroachment Agreement for the
Improvements.
H. City is willing to permit the Improvements as depicted on the Plans, subject to the terms
and conditions of this Agreement.
AGREEMENT
In consideration of the foregoing and the mutual covenants herein, the parties agree as follows:
1. The recitals set forth above are incorporated herein.
2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach
on Outlot A, which is public property.
3. IMPROVEMENTS. City grants Owner the right to and Owner hereby assumes the
responsibility to maintain, repair, replace and re-construct the Improvements, including but not
limited to the Trails and Lighting and the Emergency Access Drive all in accordance with all
applicable laws and regulations (collectively referred to as “Maintenance”) in the locations
identified on the Plans and subject to the terms set forth below in paragraph 4. The City retains
the right to manage Outlot A as provided in state statutes and City Code. The City also retains the
right to approve the Maintenance and direct the Owner to correct any deficiencies in the
Maintenance.
4. MAINTENANCE. The Owner shall perform, as and when necessary, and pay the
cost for, such maintenance of the Improvements as may be reasonably necessary to maintain the
Improvements in good and aesthetic condition and repair.
5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its
employees, contractors, agents, representatives, elected and appointed officials, and attorneys
harmless from any and all claims, damages, losses, costs and expenses, including reasonable
attorneys’ fees, arising from, based on, or related to the encroachment of the Improvements on
Outlot A, including, but not limited to, any claim asserted against the City as a result of the
installation, placement, building erection, maintenance, occupation or use of the Improvements
and/or failure of the Owner to maintain the Improvements in such a condition as to prevent against
injury to persons or property.
6. INSURANCE. Owner shall maintain a public liability insurance policy with
respect to the Improvements, naming City as an additional insured, which provides coverage for
damage to the property of others or injury or death to persons. Such coverage shall be on an
occurrence basis and shall include contractual liability coverage with respect to the indemnity
obligation in Paragraph 5 above. Said policy shall contain a clause which provides the insurer will
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 32
not change, non-renew, or materially change the policy without first providing the City thirty (30)
days prior written notice. The Owner shall provide the City with a Certificate of Insurance for
such coverage that specifically details the conditions in Paragraphs 5 and 6 of this Agreement.
7. WAIVER OF CLAIMS. The Owner acknowledges the City’s ownership of Outlot
A and knowingly and voluntarily waives and releases any and all claims against the City arising
from, based on, or related to Owner’s being permitted to maintain the encroachment of the
Improvements on Outlot A as permitted by this Agreement, including but not limited to claims of
abandonment, diminution in value, takings and contractual claims arising out of this Agreement,
except any claims which are the result of the sole negligence or willful misconduct of the City or
its employees or agents. The Owner acknowledges being represented by legal counsel in
connection with this Agreement, and that the Owner has read and understands the terms of this
Agreement.
8. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has
made no representations or warranties regarding the condition of Outlot A or its suitability for the
uses permitted by this Agreement.
9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as
creating or establishing any vested right of the Owner to the area encroached upon.
10. Owner hereby agrees to the following additional conditions:
A. The Improvements shall be located as depicted in the Plans.
B. The design of the Improvements is subject to the terms of the Development
Agreement.
C. Owner must secure from City all required municipal permits prior to any
construction within Outlot A.
D. Drainage from Owner’s Property and all adjacent properties shall at no time
be impeded or blocked due to the Improvements.
E. The Improvements and all work completed in relation thereto must be in
accordance with the City’s current standards and ordinances and other
applicable laws and/or regulations.
11. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with
the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors
and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions
relating to the Improvements and replaces any oral agreements or other negotiations between the
parties. No modifications of this Agreement shall be valid until they have been placed in writing
and signed by all parties hereto.
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 33
13. RECORDING. The Owner shall cause this Agreement to be filed for record with
the Hennepin County Recorder/Registrar of Title (as applicable) within 30 days of its execution
by the Owner and the City. Evidence of filing shall be provided to the City within 30 days
thereafter.
14. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute one
instrument.
[SIGNATURE PAGES TO FOLLOW.]
Amended and Restated Development Agreement - GTS Housing North Phase I and GTS
Housing South Phase II 34
CITY OF EDEN PRAIRIE
By: [NOT TO BE SIGNED]________________________________
Ronald A. Case, Mayor
By: [NOT TO BE SIGNED]________________________________
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _______, 2023, by
Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden
Prairie, Minnesota, a municipal corporation on behalf of the corporation.
______________________________
NOTARY PUBLIC
35
GTS HOUSING PHASE I LLC
By: [NOT TO BE SIGNED]__________________________________
Its: _________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _______, 2023, by
the of GTS Housing Phase I LLC, a Delaware limited liability company, on
behalf of the company.
______________________________
NOTARY PUBLIC
This instrument was drafted by:
Gregerson, Rosow, Johnson & Nilan, Ltd.
100 Washington Avenue South, Suite 1550
Minneapolis, MN 55401
36
EXHIBIT A
TO ENCROACHMENT AGREEMENT
Plans
37
EXHIBIT E
DEVELOPMENT AGREEMENT
CONSERVATION/SCENIC EASEMENT
THIS EASEMENT AGREEMENT (this “Easement”) is made this _____ day of
_______________, 2023, by and between GTS Housing Phase I LLC, a Delaware limited liability
company (“Grantor”) and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,
hereinafter referred to as “City”;
WHEREAS, Grantor is the fee owners of land located in Hennepin County, Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as “the Property”;
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances, except encumbrances of record;
WHEREAS, a portion of the Property is subject to that certain Conservation/Scenic
Easement dated November 14, 1997 and filed December 31, 1998 with the Hennepin County
Registrar of Titles as Document No. 3104435, as amended by that certain Amendment to
Conservation/Scenic Easement dated February 12, 2008 and filed with the Hennepin County
Registrar of Titles on February 29, 2008 as Document No. 4473925 (the “Original Easement”);
and
WHEREAS, Grantor and City wish to enter into an agreement which that will supersede
and replace the Original Easement in its entirety and grant to City a conservancy/scenic easement
for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive
acts thereon, over that portion of the Property as legally described in Exhibit B and depicted in
Exhibit C, hereinafter referred to as the “Easement Area,” attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by
the parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the Easement Area and City hereby accepts
such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural
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condition. No trees, shrubs, or other vegetation shall be planted or removed
from the Easement Area without the prior written consent of the City. The
City will consider removal of noxious weeds, as defined by Minnesota
Statutes Sections 18.76-18.88, upon submission and approval of a
Vegetation Management Plan. No vegetation cutting, fertilizer application
or placement of turfgrass, such as Kentucky bluegrass, shall occur within
the Easement Area.
B. Grantor may construct and maintain a nature trail in the Easement Area in
the location depicted in Exhibit C. Except for this nature trail, no building,
road, trail, sidewalk, sign, billboard, utility, or other structure shall be placed
in the Easement Area without the prior written consent of City.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City.
D. No change in the general topography of the Easement Area landscape,
including, but not limited, to excavation, dredging, movement, and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens,
encumbrances and mortgages except as noted above in the recitals,
and matters of record.
B. That Grantor has not used, employed, deposited, stored, disposed of,
placed or otherwise allowed to come in or on the Easement Area,
any hazardous substance, hazardous waste, pollutant, or
contaminant, including, but not limited to, those defined in or
pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01,
et. seq. (such substances, wastes, pollutants, and contaminants
hereafter referred to as "Hazardous Substances");
C. That Grantor has not allowed any other person to use, employ,
deposit, store, dispose of, place or otherwise have, in or on the
Easement Area, any Hazardous Substances;
D. That, to Grantor’s knowledge, no previous owner, operator or
possessor of the easement area, deposited, stored, disposed of,
placed, or otherwise allowed in or on the Easement Area any
Hazardous Substances;
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Grantor agrees to indemnify, defend and hold harmless City, against any and all
loss, costs, damage and expense, including reasonable attorney’s fees and costs that
City incurs because of the breach of any of the above representations or warranties
and/or resulting from or due to the inaccuracy or falsity of any representation or
warranty herein.
4. Grantor agrees to permanently demarcate the location of the boundary of the
conservation easement on each lot property line or corner of the Easement Area
with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading
“Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed
to the top of the post.
5. Grantor agrees to maintain the Easement Area subject to the provisions stated
herein.
6. The duration of this Easement is perpetual and shall bind and inure to the benefit
of the parties, their successors, and assigns.
7. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
8. Provisions of this Easement shall be binding upon and enforceable against the
Property and the Grantor, their successors and assigns of the Property.
9. This Easement supersedes and replaces the Original Easement in its entirety and
the Property is hereby released from the terms and conditions of that certain
Conservation/Scenic Easement dated November 14, 1997 and filed December 31,
1998 with the Hennepin County Registrar of Titles as Document No. 3104435, as
amended by that certain Amendment to Conservation/Scenic Easement dated
February 12, 2008 and filed with the Hennepin County Registrar of Titles on
February 29, 2008 as Document No. 4473925.
10. This Easement may be executed in any number of counterparts, each of which shall
be an original, but all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties to this Easement have caused these presents to be
executed as of the day and year aforesaid.
[SIGNATURE PAGES TO FOLLOW.]
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GRANTOR
GTS HOUSING PHASE I LLC
[NOT TO BE SIGNED]_________________________________
By: ______________________________
Its: ______________________________
STATE OF ____________ )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2023, by , the , of GTS Housing Phase I LLC, a Delaware
limited liability company, on behalf of the limited liability company.
Notary Public
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CITY OF EDEN PRAIRIE
[NOT TO BE SIGNED]_____________________________
By: Ronald A. Case
Its: Mayor
[NOT TO BE SIGNED]______________________________
By: Rick Getschow
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2023 by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
_______________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
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EXHIBIT A
TO CONSERVATION/SCENIC EASEMENT
Legal Description of Grantor’s Property
Grantor Property:
Lots 1 and 2, Block 1, and Outlot A, Golden Triangle TOD, according to the recorded plat
thereof, Hennepin County, Minnesota
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EXHIBIT B
TO CONSERVATION/SCENIC EASEMENT
Legal Description of Easement Area
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EXHIBIT C
TO CONSERVATION/SCENIC EASEMENT
Depiction of Easement Area and Location of Nature Trail
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EXHIBIT F
DEVELOPMENT AGREEMENT
Mortgagee Consent and Subordination
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage dated _______________, recorded in the
office of the Hennepin County Registrar of Titles on __________________ as Document No.
________________ covering the Property described on Exhibit A hereto, for valuable
consideration, does hereby consent to the and subordinates it interest in the Property to that certain
Amended and Restated Development Agreement, to which this Consent and Subordination is
attached, dated ________________, 2023 by GTS Housing Phase I LLC to the City of Eden
Prairie.
_________________________
By:
Its:
STATE OF_________ )
) ss.
COUNTY OF ________________ )
On the ______ day of _______________, 2023, before me personally came
___________________________, to me known, who being duly sworn by me stated that he/she
is the __________________________ of _________________________, a
_________________________________, and that he/she is duly authorized to execute the
foregoing instrument on behalf of the ______________________.
______________________________
Notary Public
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Exhibit A to Consent and Subordination
Legal Description Before Final Plat
Lot 1, Block 1, and Outlot A, Liberty Plaza, except those parts lying northeasterly of the
following described line:
Commencing at the northeast corner of said Outlot A; thence westerly on an azimuth of 273
degrees 14 minutes 16 seconds along the north line of said Outlot A, 341.50 feet to an angle
point in the north line of said Outlot A; thence on an azimuth of 282 degrees 16 minutes 45
seconds along said North line of Outlot A, 6.01 feet to the point of beginning of the line to be
described; thence on an azimuth of 167 degrees 46 minutes 59 seconds 657.56 feet to the South
line of said Lot 1, Block 1, Liberty Plaza, and said line there terminating.
Hennepin County, Minnesota
Torrens Property
Legal Description After Final Plat
Lots 1 and 2, Block 1, and Outlot A, Golden Triangle TOD, according to the recorded plat
thereof, Hennepin County, Minnesota
26009788v2
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Community Development
Julie Klima/David Lindahl
ITEM DESCRIPTION:
Town Center Plaza Encroachment
Agreement
ITEM NO.:
VIII.G.
Requested Action
Move to: Approve the Encroachment Agreement between the City of Eden Prairie and
Metropolitan Council for the Town Center Plaza and Flying Red Horse Monument Sign.
Synopsis
The agreement allows the City to construct a public plaza and monument sign on property owned
by the Metropolitan Council.
Background Information
The subject property located at the northwest corner of Town Center Place and Flying Cloud
Drive is the former EP Convenience Center property purchased by the Metropolitan Council in
2017 for Light Rail Transit. The public plaza project will provide a sidewalk, pedestrian bench,
landscaping, interpretive sign, and the Flying Red Horse historic sign as a public amenity
benefitting area residents, businesses and Greenline LRT transit users. The plaza project is
expected to be constructed in 2023.
Once the Greenline project is completed the Metropolitan Council intends to deed the plaza
property to the City of Eden Prairie.
Attachments
Attach 1 – Encroachment Agreement
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ENCROACHMENT AGREEMENT RELATING TO CITY OF EDEN PRAIRIE ENCROACHMENT ON METROPOLITAN COUNCIL PROPERTY PROPERTY LOCATION: Encroachment Number 23T-001 City of Eden Prairie, Hennepin County RECITALS A. The Metropolitan Council, a public corporation and political subdivision of the State of Minnesota (“Council”), the address of which is 390 North Robert Street, St. Paul, Minnesota 55101, is the owner of property in Hennepin County, identified as PIN 14.116.22.12.0016, and evidenced by Certificate of Title 1549303 issued by the Hennepin County Registrar of Titles and legally described on Exhibit A (“Council Property” or “Property”). B. The City of Eden Prairie (“City”) seeks to encroach on the Council Property for the installation and maintenance (the “Work”) of certain improvements or infrastructure on Council Property (the “Encroachment”) consisting of an illuminated wayfinding public art, landscaping, public plaza and amenities, including benches and interpretive signage and sidewalk (the “Improvements”). C. The City’s Work and the non-exclusive right of ingress and egress on and across Council Property shall be located within an area legally described and depicted on Exhibit B-1 (the “Encroachment Area”) and the Work and Improvements are more specifically depicted on a sketch as Exhibit B-2. TERMS AND CONDITIONS In consideration of the sum of one Dollar, and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, Council agrees to the Encroachment on Council Property, subject to the terms and conditions stated in this Agreement.
1. The City shall have the right to use the Encroachment Area for the Work and the City shall be solely responsible for the costs to install and maintain the Improvements within the Encroachment Area. 2. This Encroachment Area shall only be used as expressly identified in this Agreement and for no other purpose, and shall not be moved, relocated or expanded by the City without express written amendment of this Agreement. 3. Before Work may commence in the Encroachment Area, the City shall coordinate access to and use of the Council Property with the Council, provided that City and its agents shall coordinate all of their respective construction activities in and access to and through the Council Property between the Council Authorized Representative (“CAR”) or the CAR’s
v2021.Oct - 2 -
designee and its construction manager to avoid any interference with the Council’s contractor’s construction activities and any risk of loss of the Council’s improvements, so that parties’ concurrent construction activities and use of the Council Property may occur. 4. Nothing in this Agreement shall be deemed an assumption of responsibility by the Council for any construction, maintenance, replacement or repair of the City’s Improvements. 5. The City will indemnify, save, defend and hold the Council harmless from and against any loss, cost, or expense incurred by the Council, including any losses resulting from claims or damages to property, personal injuries or deaths, judgments, court costs and reasonable attorneys’ fees, which arise out of or are claimed to have arisen out of or be related to the Encroachment, the Work or the Improvements. 6. The City and its successors and assigns hereby agree that construction and placement of the Improvements identified in paragraph 1 above in the Encroachment Area is granted at the sole discretion of the Council and the City shall adhere to the terms and conditions of this Agreement and approved plans and specifications as attached or referenced in Exhibit B-2. Further, the City, its successors and assigns shall submit any alterations, modifications or amendments to the Improvements to Council for Council’s prior review and for separate written agreement and consent. 7. The City and its successors and assigns hereby agree that Council, its employees, agents, contractors and invitees shall have access to Council Property on this site at all times. 8. The City and its successors and assigns will pay for repair or replacement of any damage to or destruction of the Council’s Property, which damage or destruction arises from or is attributable to the Encroachment or Improvements upon or use of the Council Property described in this Agreement. 9. The Encroachment shall not interfere with the Council’s use of the Council Property. Should the Council find it necessary to remove or disturb the Encroachment or the Improvements, Council shall provide ninety (90) days written notice to the City except in an emergency when the Council may enter the Encroachment Area immediately and provide the City notice as soon as practical. In either event, all removal, replacement, and relocation of said Improvements shall be paid for by the City, its successors and assigns. In the event the City is unable to or unwilling to remove, replace or relocate the Encroachment Area or Improvements, Council may take all such actions as necessary to remove, replace or relocate the Encroachment Area or Improvements and shall be reimbursed for the costs incurred for such action. The Council shall have no obligation to provide a substitute location for the Encroachment or for relocation of the Improvements.
v2021.Oct - 3 -
Such Notice shall be provided to: Carter Schulze City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8339 cschulze@edenprairie.org 10. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assignees. 11. This Agreement is terminable by the Council at its sole discretion upon providing the City, its successor or assign, no less than ninety (90) days written notice to the City in the event the Encroachment Area is needed exclusively for Council purposes. Nothing in this Agreement shall be construed to convey a permanent right or interest in the Council Property. 12. This Agreement shall be recorded with the Office of the Hennepin County Registrar of Titles. 13. This Agreement will be effective when all parties have signed it. The date of this Agreement will be the date this Agreement is signed by the last party (as indicated by the date associated with that party’s signature). 14. The City shall be solely responsible for obtaining all necessary
approvals and consent, which may include the fee owner. Failure to obtain all necessary approvals and consents shall render this Agreement null and void and be of no further force and effect.
The remainder of this page is intentionally left blank
v2021.Oct - 4 -
CITY OF EDEN PRAIRIE: By: Ronald A. Case Its: Mayor
Date:
By: Rick Getschow Its: City Manager Date: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _________ day of ______________, 2023, by Ronald A. Case and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the City of Eden Prairie by authority of its City Council. ________________________________ Notary Public
v2021.Oct - 5 -
METROPOLITAN COUNCIL By: ________________________________ Mary Bogie Its: Regional Administrator Date: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _______________________, 2023, by Mary Bogie, Regional Administrator of the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, on its behalf. Notary Public
v2021.Oct - 6 -
Exhibit A – Council Property Legal Description
COUNCIL PROPERTY LEGAL DESCRIPTION Lot 1, Block 1, ANDERSON IDLEWILD
ADDITION, according to the plat thereof on file and of record, the title thereto being registered
as evidenced by Certificate of Title No. 1549303.
v2021.Oct - 7 -
Exhibit B-1 –Encroachment Legal Description and Depiction
ENCROACHMENT LEGAL DESCRIPTION AND DEPICTION PROPERTY LEGAL
DESCRIPTION Tract A. Lot 1, Block 1, ANDERSON IDLEWILD ADDITION, according to
the plat thereof on file and of record, the title thereto being registered as evidenced by Certificate
of Title No. 1549303. ENCROACHMENT LEGAL DESCRIPTION That part of Tract A
hereinbefore described which lies southeasterly of Line 1 described below: Line 1. Commencing
at the most easterly northeast corner of Lot 1, Block 1, ANDERSON IDLEWILD ADDITION,
according to the plat thereof on file and of record; thence westerly along the north line of said
Lot 1 for 11.02 feet to a corner of said Lot 1; thence northwesterly along the northeast line of
said Lot 1 for 15.74 ft to the point of beginning of Line 1 to be described; thence southwesterly
to a point on the south line of said Lot 1, distant 140.27 feet westerly of the southeast corner of
said Lot 1 and there terminating.
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ENCROACHMENT AREA DEPICTION
Exhibit B-2 –Sketches Depicting Encroachment Area
v2021.Oct - 9 -
v2021.Oct - 10 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Jason Goblirsch,
Parks Construction Supervisor,
Parks and Recreation
ITEM DESCRIPTION:
Award the Contract for the Purchase and
Installation of Playground Equipment to St.
Croix Recreation.
ITEM NO.:
VIII.H.
Motion
Move to: Approve the Standard Agreement for Contract Services with St. Croix Recreation
Fun Playgrounds, Inc. for the purchase and installation of playground equipment
at Willow Park and Round Lake Park (west side playground) at a cost not to
exceed $164,354.00.
Synopsis
The City of Eden Prairie requested proposals for new playground designs and equipment at
Willow Park and Round Lake Park (west side playground) from six vendors. Staff received
proposals from five vendors and chose the top three proposals to move forward. Staff suggested
changes to these three vendors and received a second proposal from each and these designs were
brought to the Parks, Recreation and Natural Resources Commission for feedback. The proposal
for the project was at a cost not to exceed of $160,000.00. The added costs were for additional
amenities requested by the city after receiving feedback from staff and the Parks, Recreation and
Natural Resources Commission to maintain our standard conditions for play areas. Funding for
the play equipment replacement work will come from the Capital Improvement Program.
Background
Play equipment is on a replacement schedule based on our annual safety audits. Equipment is
identified as needing replacement based on its age and safety audit point priority ranking. Play
equipment has a normal life expectancy of 15 years and the existing equipment is 20 years old at
Round Lake Park (west side playground) and 19 years old at Willow Park, outliving its normal
expectancy.
Recommendation
The proposal from St. Croix Recreation Fun Playgrounds, Inc. is in line with our estimate and
staff recommends approval of this Contract.
Attachment
Standard Agreement for Contracted Services
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 4th day of April, 2023, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and St. Croix Recreation Fun Playgrounds, Inc., a Minnesota business
(hereinafter "Contractor") whose business address is 1826 Tower Drive West, Stillwater, MN
55082.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
supply and installation of the play equipment at Willow Park and Round Lake Park (west side
playground) hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
April 4th, 2023. The project completion must be completed by October 1, 2023 ready for
owner inspection.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor’s personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
Standard Agreement for Contract Services 2017 06 01.01
Page 2 of 10
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Removal of existing playground equipment in each play container.
c. Removal of EWF in each play container.
d. Grading and leveling of soil substrate, installation of drain field and installation of
landscape fabric in each play container.
e. Installation of EWF in each play container.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $164,354.00
as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
Standard Agreement for Contract Services 2017 06 01.01
Page 3 of 10
completion of the Work in accordance with the terms established herein. Contractor may not
remove or replace the Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
Standard Agreement for Contract Services 2017 06 01.01
Page 4 of 10
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance
of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
Standard Agreement for Contract Services 2017 06 01.01
Page 5 of 10
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
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taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City’s written acceptance of the Work. The City’s rights under
the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or
non-performance of the other party (“notified party”) shall give the notified party
notice in writing of the notifying party’s desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
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right, within a reasonable time after such termination to remove from City’s premises
any and all of Contractor’s equipment and other property. Except for liability
resulting from acts or omissions of a party, arising, taken or omitted prior to such
termination, the rights and obligations of each party resulting from this Agreement
shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
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16. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. 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.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Contractor shall post in places
available to employees and applicants for employment, notices setting forth the provision
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of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Contractor further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement 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.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in
performing any of the functions of the City during performance of this Agreement is
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subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Jason Goblirsch,
Parks Construction Supervisor,
Parks and Recreation
ITEM DESCRIPTION:
Award contract for Nesbitt Preserve Park
Trail and Pavement Improvements to
Minnesota Roadways Co.
ITEM NO.:
VIII.I.
Motion
Move to: Award contract for the rehabilitation of the parking lot, several aging trail
sections, basketball court, and installation of two new pedestrian ramps at Nesbitt
Preserve Park to Minnesota Roadways Co. in the amount of $292,972.35.
Synopsis
In recent years the Parks and Recreation Department has made several improvements to Nesbitt
Preserve Park. These updates include the rehabilitation of the playground equipment (2019),
installation of a new splashpad (2022), and installation of a new cricket pitch (2022). Several
additional existing assets within the park are now in need of rehabilitation as well. This project
will bring this park back up to a standard that will be honored with a grand re-opening of this
facility.
Background
The scope of this project is to replace failing bituminous in the parking lot, several sections of
trail, and basketball court. The existing bituminous has depressions and is cracking and raveling.
Additionally, two new pedestrian ramps will be installed at two trail heads leading into the park
bringing this localized trail network up to ADA Standard compliance.
The staff estimate and budget for this project was $349,554.00. The funding for this
rehabilitation project comes from the Capital Maintenance and Reinvestment funding.
The summary of the bids submitted is as follows:
2023 Nesbitt Park Trail & Pavement Improvements
Minnesota Roadways Co. $292,972.35
BKJ Land Co II dba BKJ Excavating $305,531.50
Park Construction Company $313,226.75
OMG Midwest Inc. dba Minnesota Paving & Materials $323,940.00
Northwest Asphalt Inc. $336,683.69
Sunram Construction Inc. $376,411.00
New Look Contracting Inc. $387,963.00
Urban Companies $403,160.74
Attachment
Form of Contract
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 4th day of April, 2023, by and between City of Eden
Prairie hereinafter referred to as the "CITY", and Minnesota Roadways Co., hereinafter referred to
as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C. 23816 Nesbitt Preserve Park Trail & Pavement Improvements
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S
proposal on file in the office of the City Engineer. The aggregate sum of such prices, based
on estimated required quantities is estimated to be $292,972.35.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
b. Proposal Form
c. Construction Short Form Agreement
d. Contractor's Performance Bond
e. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________
Ronald A. Case, City Mayor
__________________________________ By_______________________________
Rick Getschow, City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________
Its __________________________
__________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Joe Dusek
Public Works/Utilities
ITEM DESCRIPTION:
Award Contract to American Liberty
Construction, Incorporated for the
Construction of Wellhouse No. 17 and
transmission line.
ITEM NO.:
VIII.J.
Requested Action
Move to: Award the contract for the construction of Wellhouse No. 17 and transmission
line installation to American Liberty Construction, Inc. of Rockford, MN, in the
amount of $1,617,200.00.
Synopsis
The City of Eden Prairie Utilities Division legally advertised for the construction of wellhouse
No. 17 and transmission line installation. Well 17 is located at 14600 Village Woods Drive and
the transmission line will deliver the well water to the treatment plant. Sealed bids were opened
and read aloud on March 10, 2023. A total of two (2) bids was received for the project.
Background Information
In accordance with the Utility Division Capital Improvements plan, the construction of Well No.
17 has been completed. Well No. 17 is a deep-water municipal well in the Jordan Aquifer which
will meet the per-capita water demands of the planned population of the city. This portion of the
project will consist of constructing the well house with all associated piping, mechanical and
electrical components. It will also include the installation of a transmission line, which will
deliver water to the treatment plant.
Funds for this project are available and will be paid from Water Access Charges (WAC).
Attachments
• Letter of Recommendation with Bid Tab
• Copy of Contract
March 14, 2023
Mr. Joe Dusek
Water Treatment Supervisor
City of Eden Prairie
Re: Recommendation for Notice of Award
Well House No. 17 and Transmission Main
City of Eden Prairie, Minnesota
Dear Mr. Dusek:
Pursuant to the authority of the Eden Prairie City Council and following proper legal advertisement
the bid opening for the Well House No. 17 and Transmission Main Project was conducted on
Friday March 10, 2023, at 2:00 P.M. at City Hall. A total of two (2) sealed bid were received for the
project. The bids were completed in accordance with the project requirements and opened and
read aloud.
The project generally includes the construction of a one room pump house for Well No. 17
containing piping, pumping, and electrical and mechanical appurtenances and the installation of
approximately 1380 feet of transmission main connecting Well No. 17 to the existing raw water
main on Mitchell Road with horizontal directional drilling.
The attached bid tabulation presents a comparison of the bids to the Engineer’s opinion of
probable cost for the project. Based on a review of the bids received and pending City official’s
acceptance of the contract price, Advanced Engineering and Environmental Services, LLC (AE2S)
recommends that the City of Eden Prairie award a construction contract to American Liberty
Construction, Inc. of Rockford, MN in the amount of $1,617,200. The bid is above the engineer’s
estimate but is reasonable.
AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this
project for the City. Should you or anyone at the City have any questions or comments regarding
this letter, please feel free to contact me directly at 612-810-7422.
Sincerely,
Nancy Zeigler, PE
Project Manger
Attachment
Eden Prairie Well House No. 17 & Transmission Main
City of Eden Prairie
Eden Prairie, MN
AE2S Project No. 02009-2021-003
Bid Opening 2:00 PM CST, Friday, March 10, 2023
Contractor Acknowledge Addenda 1-4Bid BondResponsible Contractor CertificationsNon-Collusion AffidavitCompleted Bid FormContract No. 1
Base Bid - Lump Sum Bid Price
1 American Liberty Construction, Inc. $1,617,200.00
2 Municipal Builders, Inc. $1,885,000.00
Engineer's Estimate $1,500,000.00
Nancy Zeigler, PE
Advanced Engineering and Environmental Services, LLC
Water Tower Place Business Center
6901 E Fish Lake Rd, Suite 184
Maple Grove, MN 55369
Tel: 763-763-5036
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION:
Approve License Agreement for Riley
Purgatory Bluff Creek Watershed
District Hydrologic and Hydraulic
Model for Purgatory Creek
ITEM NO.:
VIII.K.
Requested Action
Move to: Approve License Agreement for Riley Purgatory Bluff Creek Watershed District
Hydrologic and Hydraulic Model for Purgatory Creek
Synopsis
The License Agreement for Riley Purgatory Bluff Creek Watershed District (RPBCWD) Hydrologic
and Hydraulic Model for Purgatory Creek would permit the City and consulting firms working on
behalf of the City, to use the RPBCWD PCSWMM model for the design and permitting of various
public works projects.
Background Information
The City has two current public improvement projects (Rainbow Drive and Pond 07-24-B Weir) that
need to utilize the RPBCWD hydrologic and hydraulic model for Purgatory Creek. The RPBCWD
hydrologic and hydraulic model will assist them in evaluating the hydraulic impacts of design
alternatives and in permitting these projects and future public works projects.
Attachment
License Agreement for Riley Purgatory Bluff Creek Watershed District Hydrologic and Hydraulic
Model
1
LICENSE
AGREEMENT
RILEY PURGATORY BLUFF CREEK WATERSHED
DISTRICT STORMWATER HYDRAULIC MODEL
Licensee: City of Eden Prairie
THIS LICENSE AGREEMENT is entered into by the Riley Purgatory Bluff Creek Watershed
District (District), a political subdivision of the State of Minnesota, and the City of Eden Prairie
(City), a public corporation and political subdivision of the State of Minnesota (User).
WHEREAS the District has developed a stormwater hydraulic model that may be used to
generate stormwater flow volume and rate information, flood elevations, floodplain
delineations and related data;
WHEREAS the stormwater hydrologic and hydraulic model has been developed for application
to watershed-wide planning as well as to the evaluation of local consequences of development or
public infrastructure projects;
WHEREAS the stormwater model has been developed with public resources, and it is the
District’s intent that it be made available for use by other public bodies and the public
generally to provide the greatest public benefit for purposes of water resource planning,
management and protection;
WHEREAS the District finds that wide usage of the stormwater hydrologic and hydraulic
model within the watershed has watershed-wide benefit, wishes to promote such use, and
therefore has determined not to charge User to use the PC-SWMM model and underlying data
for the Purgatory Creek Watershed (the Model);
WHEREAS the District has determined that the Model is classified as nonpublic trade secret
information and otherwise data not subject to disclosure under the Minnesota Data Practices Act,
Minnesota Statutes chapter 13. The District has decided to provide for the disclosure of the
Model in accordance with certain protections and commitments by User as set forth in this
License Agreement;
NOW THEREFORE, in consideration of the foregoing, the District and User agree as follows:
1. Use of the Model
1.1 Authorized Use. User is granted a nonexclusive, nontransferable and nonassignable (except
as provided herein) license to use the Model exclusively for the purposes of work directly related
to City public works infrastructure projects (Projects). This license will be in effect only during
2
compliance by User and its agents, consultants and contractors (ACCs) with the terms and
conditions of this License Agreement. User and, pursuant to section 1.3, its ACCs may use the
Model in the form provided by the District for the authorized Projects purpose and for no other
purpose. User and its ACCs may modify or transfer the Model, or merge the Model into other
databases or applications only for User’s authorized Projects purposes. User and its ACCs may
operate on the Model using such proprietary or public software as they are independently
authorized to use and may disclose or distribute the products of that operation, but may not
disclose or distribute the Model in the same or substantially the same form as received from the
District.
User may duplicate the Model for use by User and its ACCs, provided the computer central
processing units on which the Model is maintained support only equipment operated by User
and its ACCs, and the Model is used only for User’s authorized purpose. Except for off-site
backup pursuant to established procedures, User and its ACCs will not remove the Model from
their places of business.
1.2 Unauthorized Uses. User and its ACCs may not use the Model on behalf of any individual,
organization, corporation, government entity, or any other party except as authorized herein.
User’s ACCs will use the Model only in the conduct of User’s business and for User’s
authorized purpose. User and its ACCs will not duplicate or disclose the Model to any third
parties unless such use, duplication or disclosure is expressly authorized in writing by the
District. User and its ACCs will not charge third parties for the availability of the Model. This
will not prevent User and its ACCs from charging third parties as otherwise authorized for its
staff time, work products or ancillary costs associated with modeling and analysis using the
Model.
User acknowledges that the District has declared the applicability of copyright protection to the
Model. User will conform to all legal requirements related to the copyrighted status of the data
as declared by the District.
1.3 Third-Party Access. If it is necessary for User to make the Model available to an outside
ACC for User’s authorized purposes, User must obtain from each ACC and provide to the
District a signed copy of the Model License Agreement Third-Party Certification attached to
and incorporated into this License Agreement as Attachment A, and must receive written
authorization from the District. Under the Third-Party Certification, ACCs are subject to all
terms and obligations of this License Agreement to the same extent as the terms and obligations
apply to User.
1.4 Data Security. User and its ACCs agree to take all necessary and reasonable steps to
ensure the Model is not disclosed or made accessible in whole or part to third parties except as
authorized in or pursuant to this License Agreement. User and its ACCs agree they will not
knowingly or negligently allow their employees or agents to copy, sell, disclose or otherwise
make the Model available to others. User and its ACCs agree to immediately notify the District
by telephone and in writing of any unauthorized sale or other disclosure. User and its ACCs
further agree to prevent unauthorized disclosure through appropriate security measures
3
including, but not limited to, providing physical and electronic security for copies of the Model
and taking all steps that they take to protect tangible and intangible data products of their own
that they regard as proprietary, confidential or nonpublic.
1.5 Data Practices Act. User will treat the Model as nonpublic data not subject to public
disclosure under the Minnesota Data Practices Act and will advise any requestor of the data
classification accordingly. User will notify the District immediately of any challenge to User’s
withholding of the Model and will not release the Model, or any part thereof, pursuant to the
Data Practices Act without written authorization from the District.
1.6 Reservation of Rights. The Model is the exclusive property of the District, which retains all
right, title and interest in the Model, including the right to license the Model to other users. Any
right or remedy provided to the District in this License Agreement is nonexclusive and in
addition to any other right or remedy available to the District in law or equity.
1.7 Errors and Omissions. User timely will advise the District in writing of any errors or
omissions it finds within the Model. This includes but is not limited to advising the District of
new or omitted data of which User or its ACCs are aware, as well as of changes to the physical
environment at a scale that would be recognized by the Model.
2. License Agreement Term and Termination
2.1 Term. The License Agreement is effective on execution by both parties and remains
effective until the January 31 first following commencement. Notwithstanding, the License
Agreement will renew automatically from year to year unless terminated as provided herein.
However, the District assumes no duty to any User or ACC to update the Model and it remains
the sole and absolute responsibility of User and its ACCs to ensure that the Model is current,
accurate and adequate for their use and purposes.
2.2 Termination. The District may terminate this License Agreement at any time on written
notice to User if User or one or more of its ACCs fails to comply with the terms and
conditions
of this License Agreement. The District also may independently revoke approval of one or more
ACC and the associated Third-Party Certification(s) without necessarily terminating the License
Agreement. The District or User may terminate the License Agreement without cause on 30-day
notice to the other party.
2.3 Return or Destruction of Model. When this License Agreement has been terminated, User
must either destroy all copies of the Model and provide to the District written certification of the
destruction, or return all copies of the Model to the District.
3. Limited Warranty and Disclaimers
3.1 Limited Warranty. The Model is provided by the District to User subject to the following
limitations and restrictions:
4
(a) User is responsible for the installation and use of the Model and the results or
consequences resulting from User’s installation or use of the Model.
(b) The District does not warrant that the Model is error free, and disclaims any other warranties,
express or implied, respecting this License Agreement or the Model.
(c) THE MODEL IS PROVIDED “AS IS” WITHOUT ANY SUPPORT WHATSOEVER
AND WITHOUT WARRANTY AS TO ITS PERFORMANCE,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE MODEL
IS ASSUMED BY USER.
(d) THE DISTRICT WILL NOT BE LIABLE TO USER FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFIT, OTHER FINANCIAL LOSS, LOSS OF DATA, OR ANY
OTHER DAMAGE OF ANY KIND ARISING OUT OF USER’S USE OR
ATTEMPTED USE OF THE MODEL, OR ANY THIRD-PARTY CLAIMS THAT
MAY RESULT FROM THE USE OF THE MODEL, EVEN IF THE DISTRICT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR
DAMAGE.
3.2 Sole Remedies. User’s sole and exclusive remedies for breach of these limited warranties
will be as follows: (a) User may return the Model to the District, which, at its discretion, may
replace or repair the Model and return the Model to User; or (b) User may terminate this License
Agreement in accordance with section 2, above.
3.3 Indemnification. Without waiving any statutory immunities and specifically subject to the
liability limits contained in Minn. Stat. chapter 466.04, User will hold harmless, defend and
indemnify the District, its officers, board members, employees and agents from any and all
actions, costs, damages and liabilities of any nature related to User’s negligent use of the Model,
to the extent permitted by law. Nothing in this License Agreement will be construed to waive
any immunity, defense or limit on liability applicable to the District or User, or otherwise to
create any right in User other than the remedies of section 3.2, or any right in any third party.
4. General Terms and Conditions
4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated into and
considered a part of the License Agreement.
4.2 Amendment. The terms of this License Agreement may be amended only by written
agreement of the District and User.
4.3 Governing Law. This License Agreement will be governed by and interpreted according to
the laws of the State of Minnesota.
4.4 Waiver. No waiver of any violation of this License Agreement will constitute a waiver of
5
any subsequent violation, whether of the same or of any other term. Subsequent performance of
any of the terms of this License Agreement will not constitute a waiver of any preceding
violation, regardless of the other party’s knowledge of the preceding violation at the time of
subsequent performance. The delay or omission of any party’s exercise of any right arising from
any default will not affect or impair the party’s rights regarding the same or future default.
4.5 No Agency. The District and User are independent parties for all legal purposes hereunder,
and nothing herein will be construed to create an agency, joint venture, partnership or other form
of business association between the parties.
4.6 Assignment. User will not assign or transfer this License Agreement in whole or in part,
without the prior written consent of the District. Any attempt to assign or transfer this License
Agreement without prior written consent will be void and of no force or effect.
4.7 Correspondence. Correspondence regarding this License Agreement or the Model will be
directed as follows:
To the District:
Terry Jeffrey
Administrator
Riley Purgatory Bluff Creek Watershed District
18681 Lake Drive East
Chanhassen, MN 55317
To User:
Patrick Sejkora, PE, CFM
Water Resources Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
4.8 Survival of Provisions. All obligations of User regarding use and protection of the Model;
all obligations to hold harmless, defend and indemnify; and limitations on and disclaimers of all
warranties in this License Agreement will survive termination of the Agreement.
4.9 Authority. The person or persons executing this License Agreement on behalf of User
represent that they are duly authorized to execute this License Agreement on behalf of User and
represent and warrant that this License Agreement is a legal, valid and binding obligation
enforceable according to its terms.
6
INTENDING TO BE LEGALLY BOUND by the foregoing terms:
CITY OF EDEN PRAIRIE
_____________________ Date:
Rick Getschow
City Manager
___________________ Date:
Ron Case
Mayor
RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT
Terry Jeffery,
Administrator
Date:
7
ATTACHMENT A
MODEL LICENSE AGREEMENT
THIRD-PARTY CERTIFICATION
hereby requests authority to exercise rights to use
the Riley Purgatory Bluff Creek Watershed District’s Purgatory Creek subwatershed model (the
Model) as an agent, consultant or contractor to City of Eden Prairie under the License
Agreement executed on [Enter Date of Licenese Agreement] between City Eden Prairie and
the Riley Purgatory Bluff Creek Watershed District. In assuming that authority, and in
consideration therefore, hereby represents and affirms that it has received and is familiar with
the cited License Agreement, that its authority is limited by the terms of the Agreement, and that
it is fully subject to all limitations, obligations and liabilities set forth in that Agreement to the
same extent as if it were a signatory thereto.
[NAME of ENTITY]
By
Print name: Print title:
(Notary Acknowledgment)
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Lori Haak
Water Resources / Engineering
ITEM DESCRIPTION: I.C. #5815-12
Approve Agreement with Waterfront
Restoration to Conduct Watercraft Inspections
ITEM NO.:
VIII.L.
Requested Action
Move to: Approve Agreement with Waterfront Restoration to conduct watercraft inspections for 2023
at Mitchell Lake, Red Rock Lake and Lake Riley at a cost not to exceed $67,784.85
Synopsis
Riley Purgatory Bluff Creek Watershed District (RPBCWD) requested that the City of Eden Prairie
continue managing the aquatic invasive species inspection program at three of Eden Prairie’s lakes
with watercraft accesses (Mitchell, Red Rock and Riley). Two companies were contacted to provide
proposals for watercraft inspections at lakes within the City; one proposal was received. To aid in this
effort, RPBCWD will provide $32,000 per year to help cover program costs. Expenses exceeding the
watershed district cost-share will be paid from the Stormwater Utility.
Background Information
On March 14, 2012, RPBCWD sent a letter acknowledging the City’s efforts in establishing an aquatic
invasive species (AIS) program. The Board of Managers stated that they felt that the best approach
would be to assist cities in providing an inspection program for public boat accesses. The purposes of
the inspection program are twofold:
1. To slow and/or prevent the spread of aquatic invasive species (AIS) by removing AIS from
boats before they enter and after they exit Eden Prairie lakes; and
2. To educate the public about AIS in order to slow and/or prevent the spread throughout the state.
The main priority is to provide inspections for watercraft entering and exiting lakes recognized as
having regional significance, such as Lake Riley. However, the educational component of the program
allows the inclusion of any lake with a public access. As such, Mitchell Lake and Red Rock Lake are
included in the program, although with reduced hours. Funds allocated by RPBCWD are currently set
at $32,000 per year.
One proposal was received for AIS Inspection Services from May 12 through October 29.
• WaterGuards – no proposal received
• Waterfront Restoration - $67,784.85 with an hourly rate of $28.35
The City’s Water Resources Interns will help to manage the program. Expenses above the grant will
be paid out of the stormwater utility.
Attachment
Agreement for Professional Services with Exhibit A
Proposal
Prepared for:
The city of
Eden Prairie
March 17th, 2023
Confidential & Proprietary – Waterfront Restoration, LLC
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Executive Summary
Waterfront Restoration appreciates the opportunity to submit this best value for watercraft inspection and boater education
services to aid the city of Eden Prairie again in 2023 in preventing the spread of aquatic invasive species.
This proposal presents our overall approach and solution to ensure we achieve and exceed your expectations again in 2023.
The hourly rate proposed for inspections is $28.35 per hour. Please see page 7 for more detail.
Quality of inspectors:
Waterfront Restoration is committed to ensuring we have the right people working at your lakes and that they are correctly
trained/managed. Thus, we compensate them with high hourly wages. Doing so helps us, on your behalf, to staff your lakes
with reliable, presentable, and professional inspectors that create a positive experience for your boaters while also protect ing
your lakes.
There are five- core issues if you don't pay inspectors enough: 1.) You don't get enough inspectors in time for the start of the
season (Fishing Opener)- you are still busy trying to find people to work for cheap. 2.) The people you find to work for cheap
are, in most cases, younger- high school- early college, less personable, friendly, and educational with boaters. 3.) You take
whoever comes in/applies- you don't have enough applicants to self-select out or reject based on their lack of customer
service/ professionalism/past job experience etc. Thus 4.) You get a lot of mid -season turnover-reliability issues. These
inspectors will jump ship before the end of the season, leaving launches unstaffed, and won't show up to shifts at times
because, again, they were not screened properly. 5.) Your inspectors from the season prior won't return- if you can't keep their
pay up with inflation and match their performance, then you have no one coming back year after year and are back to square
one.
In conclusion, you are paying for results - for the highest quality inspectors that will intercept the most boats with potential AIS on them -
you aren't paying for just an hourly rate- you don't want the cheapest option or just a warm body at the launches. When you hire us, it is our
job to ensure you have a successful AIS prevention program that provides you with peace of mind knowing that your lakes are p rotected. In
addition, our high-quality program helps prevent the spread of AIS, keeps your city out of the news for the wrong reasons, better educates
your boaters, and represents your city in a first–class positive image to the public.
About Waterfront Restoration
Waterfront Restoration specializes in providing high-quality, fully managed Level 1 and Level 2 watercraft inspections and
boater education services to cities, counties, associations, and watershed districts throughout the state of Minnesota since
2015. We have 3 branches: Twin Cities, Brainerd, and Detroit Lakes.
We have developed a four-point formula that provides expertise in recruiting, training, reporting, and management of seasonal
staff for aquatic invasive species prevention and control programs. This expertise allows us to recruit and retain watercraft
inspectors who share our passion for lake preservation and professionally represent your c ity.
Our staff works closely with the Minnesota DNR, cities, counties, and lake associations in Minnesota to keep our knowledge
current on aquatic invasive species issues and best practices for watercraft inspections.
Clients that have chosen us to protect their lakes see our va lue beyond a monetary exchange. They see us as their partner in
lake protection. Waterfront Restoration is devoted to keeping your lakes clean and preventing the spread of AIS. We do that
through hiring the right people, providing them with the skills necessary to keep boaters informed a nd watercrafts thoroughly
inspected, and managing them to ensure your expectations are met. In an industry riddled with unstable small businesses that
have one or two full-time staff trying to manage everything, Waterfront Restoration is a professional se rvice company with an
expert management team that consistently delivers high-quality results for our clients.
Our difference from other inspection companies:
Here is an information page on the additional value that Waterfront Restoration provides over other inspection companies:
https://bit.ly/Inspectiondifferentiators
Confidential & Proprietary – Waterfront Restoration, LLC
3
We provide inspection and education services to the following clients. I am happy to provide you with contact info if you would
like to reach out to any/all of them for a reference.
• Dakota County
• Goodhue County
• Meeker County
• Scott County
• Hennepin County
• Ramsey County
• Christmas Lake Association
• Prior Lake Spring Lake Watershed District
• City of Eden Prairie- Carver County
• Minneapolis Park and Recreation Board (MPRB)
Scope of Work
• INSPECTORS:
Standard included items: DNR Trained Level 1 and Level 2 inspectors to inspect and educate boaters- education is
the #1 defense in AIS spread. Inspectors that are knowledgeable of the area and passionate about preservation of
the city lakes. All standard equipment and inspectors uniforms. DNR surveys on cell phone. Inspectors are a
minimum of 17 years old. Highest standards and highest wages provided to inspectors=high retention. Ability to
recruit/retain previous year’s inspectors even if a different contractor employed them previously.
Our service also includes these five added benefits to ensure you have the best inspectors:
1. Rigorous candidate screening and evaluation process . It is designed to identify the traits of high-performing
inspectors. We refer to it as our “above and beyond” approach as it ensures our inspectors are carefully interviewed
and selected based on suitability for the role. The impact of this hiring approach is highlighted in an unsolicited
comment we received from a county client:
“When interacting with inspectors from Waterfront Restoration, they were far more thorough and friendly than
some I've seen in other areas of the state. Some others I've encountered were not friendly at all and really
seemed like that was the last thing they wanted to be doing.”
2. A weighted interview scoring system to rate the candidates based upon twenty different aspects that we feel
are critical to success in the role. Some of the scored qualification aspects include knowledge of AIS, customer
service experience, de-escalation communication experience, attention to detail, and previous inspector
experience. If a candidate does not achieve the target score, that person is not hired.
3. Customer service test. Inspector candidates must pass our customer service test to ensure they have the
relationship, speaking, and rapport skills necessary to interact with your boating community. Thus, as your
boaters interact with our inspectors, they have a positive experience throughout the inspection process.
4. Video interviews for every candidate. While some providers only conduct phone interviews, we conduct video
interviews with every candidate. Video interviews help to select those who represent themselves
professionally, and thus, will represent your city professionally. It also shows that they have the basic technical
skills needed to complete app based DNR surveys and mobile time clocking in during the Summer.
5. Additional data files uploaded to each inspector’s cellphone. Inspectors use cellphones on which DNR
software is loaded (or city owned tablets). Also loaded on each device is AIS inspection procedures, the types
of watercrafts that may be encountered at the boat landing, the AIS inspection manual from the Minnesota
DNR, a copy of the Aquatic Nuisance Species (ANS) guide, a contact list for the contractor and city staff that
includes phone numbers for the correct personnel at our office, conservation officers , local sheriff’s
department, and city staff. During onboarding, inspectors are trained how to use the devices and the software .
Confidential & Proprietary – Waterfront Restoration, LLC
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• MANAGEMENT:
Standard included items: Management of advertising, interviewing, and hiring the most reliable and professional
inspectors. The best training program and support structure. Schedule flexibility based on your preferences of
when you want inspectors and where. Online scheduling view for city interaction and GPS attendance tracking of
inspectors. Weekly Spot checks and quality checks. A dedicated roaming inspector coach and area manager.
Assistance for AIS violations. Ongoing training all Summer. Updates on lake infestations. Any new inspectors
at the beginning of the season we spend extra time with them. We build relationships with area associations. We
build off knowledge of the city. Standard reporting provided- at frequency desired by city. All violations will be
reported to the AIS Coordinator within 24 hours and include photos, boat registration numbers, and license plate
numbers.
Our management service also includes these 5 additional benefits to ensure you have the best inspection program:
1. Supplemental training class. After completing the standard DNR training and before deployment in the field, inspectors
are guided through our supplemental training seminar. They participate in a comprehensive program in our online
training platform. Each module ends with the required completion of a quiz. This helps to ensure mastery of the
content. Examples of the modules and instructional videos include: Our safety process for handling adverse conditions
with boaters, boater communication best practices, customer service and Verbal de-escalation skills, lake/location
specific expectations, known infestations, watercraft compendium-which includes manufacturing insights to help
understand where to better inspect for AIS on specialty watercraft such as wakeboard boats, sailboats, advanced
fishing boats, and lake service providers.
2. We have a dedicated Inspections intern. They are responsible for overseeing both the process and the inspector team
to ensure compliance with regulation and law and consistency in the delivery of our services. Waterfront Restoration
designates and ensures the interns meets regularly with inspectors. The intent of the check/meeting is to ensure
inspectors remain highly engaged and their skills stay f resh thus ensuring the highest quality inspection of every
watercraft. It also helps identify any poor performers right away instead of letting them do a poor quality job all season,
we can replace them right away. During the check or meeting the manager provides the inspector with ongoing
feedback and training. This includes customer service review, refreshers on boat inspection procedures, and coaching
on proper inspection protocol.
3. Six project managers on call at our headquarters. With six managers at our headquarter office (instead of just one or
two), there is ALWAYS an expert available for inspector questions and to respond to any violations found by inspectors
in the event the inspector supervisor or ara manager is busy. Project Managers can be reached by phone, text, and
email seven days a week. This access is not only provided to inspectors but to the city as well. All managers and
supervisor staff are tasked with developing relationships with each of our inspectors as this is a key to retention and
high job performance of the inspectors. Also, employees are surveyed monthly via an anonymous online questionnaire.
The survey asks questions about company culture, overall performance, and recognition by superiors. Surveys can be
accessed via an internal online link.
4. Case Number accuracy review. Our managers are responsible for monitoring inspector surveys weekly for case
number accuracy. They provide inspectors with feedback if there are inaccuracies and then make the corrections to the
database with Adam Doll/DNR if necessary. Case number review ensures the city has accurate inspection data for its
lakes.
5. Advanced scheduling software enables the ability of coverage when a primary inspector is unable to work a shift.
Confidential & Proprietary – Waterfront Restoration, LLC
5
Launch Management.
Waterfront Restoration will conduct an orientation session at each boat landing prior to conducting inspections at that landi ng.
The orientation will include identification of staff parking locations, landing locations, cleaning station locations, parking
requirements for visitors, and restrooms. During inspection shifts, inspectors will post a sign inside their personal vehicle when
parked at the landing (Monday - Friday only) to identify them as approved City inspectors.
Contact information for the contractor and the project manager:
Contractor
Derek Lee
derek@waterfrontrestoration.com
612-424-8543
Project Manager
Ben Brandt
ben@waterfrontrestoration.com
612-254-7253
Plan for informing the City about potential infestations and developments in the field:
Any new infestations would follow DNR protocol and include the inspector reporting immediately to the Waterfront Restoration
project manager, who will then report to the City of Eden Prairie and the DNR as appropriate.
Inspectors will report field developments to their supervisor and if further action or follow-up is needed to communicate with the
City of Eden Prairie official.
Maintenance plan for all tools, equipment and digital devices that will be distributed for collecting inspection results
and uploading data to the DNR database:
Waterfront Restoration audits device functionality frequently and inspectors are trained to report device, equipment, and too l
issues to supervisors for repair or replacement. We verify functionality of devices uploading to the DNR database on a weekly
basis, or as frequent as the DNR updates the data file.
• PAYROLL:
Standard included items: Waterfront Restoration is an independent contractor and takes full responsibility for
managing and paying of its inspectors. Anyone employed by our company is a W-2 employee. We collect
required W4s and provide W2s. Inspectors are paid hourly and receive payment biweekly with proper withholdings
of FICA, FUTA, state unemployment, workers compensation, and state and federal withholding, as required by law.
We maintain our own liability insurance and workers compensation. We pay higher hourly wages, as mentioned
previously, in order to staff your lakes with the best and most reliable, presentable, and professional inspectors that
create a positive experience for your boaters while also protecting your lakes.
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6
Schedule
• Total number of hours for the season: 2,391 hours were referenced for this bid write-up and pricing outlined on the next
page.
• 5-8 Inspectors (approximately 65%- 85% estimated to be returning inspectors) covering 3 lakes were referenced for
this proposal.
• The following table was used when developing your inspector schedule. This is an example proposed schedule. A final
schedule will be implemented with city coordinator prior to April 29th.
• Actual schedule to be determined with input from the city.
• Waterfront Restoration will manage the schedule with input from the city, as appropriate.
• During the implementation of the contract, a shift schedule framework is developed in conjunction with city input. The
weekly inspector schedule is available at least one week in advance throughout the season. Scheduling is arranged to
align with the city’s requirements and to ensure excess hours are not scheduled without the city’s approval. As well as,
if the city desires, shifting inspectors from a launch that has not been as busy - due to flooding, vegetation, or other lake
specific details, and re-allocating them to a different launch.
• There are some cases where some shifts or portions of shifts will not be co vered due to unexpected illness/absence, or
inclement weather. These shifts will be reallocated to different days/shifts throughout the season so that total season
coverage hours meet the City’s preferred season total hours. This may require a minority of shifts move to weekdays or
extend beyond the anticipated end date.
• Waterfront Restoration uses advanced calendar software to manage scheduling to ensure coverage requests are met.
• The inspector recruiting process begins upon notice of award of the contract . It takes approximately six weeks from
contract award to full inspector staffing at your lakes. For example, if the desired start date is May 13, the contract
award notification is needed by April 7th. Inspection start dates are also dependent on DNR training session
availability as their schedules and class capacities are limited.
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Investment
We provide the best value to protect your lakes.
$28.35 per hour for level 1 inspectors A few important aspects about our pricing: 1) You are only billed when inspectors are
“clocked-in” at the launch site. 2) All overhead costs such as recruiting, company training, DNR training, holiday pay, ongoing
management, protocol compliance, technology, software, and reporting are included in the hourly rate. 3) Our pricing is fully
transparent. The invoices we provide are simply the multiplication of the hours inspectors worked at the launch multiplied by
the hourly rate.
Minimum of 2,300 inspection hours required for the rate outlined.
The city will be invoiced monthly, in advance, based upon the expected number of hours to be worked in the next succeeding
month (for each month its “Expected Hours”). In the event the actual number of hours worked during any month exceeds the
Expected Hours, Waterfront will invoice the city for the additional hours. In the event the actual number of hours worked is less
than the Expected Hours, Waterfront will issue to the city a credit note for the excess hours.
Also included in the rate above are these 4 items. If you are looking for savings on the hourly rate, please let me know and I
can remove these out of the hourly rate calculation and add them as a la carte options instead.
1. We provide a highly detailed end of year report like this: http://bit.ly/EOYReportExample . If you prefer Instead a basic
2–4-page end of season report summarizing total hours worked etc. we can do that.
2. We provide a highly detailed monthly report like this: http://bit.ly/MonthlyReport-Example . If you prefer instead a
standard monthly hours report, we can do that.
3. Uniforms/equipment- ie vests, name tags, safety equipment
4. Background checks- Prior to hire, every inspector undergoes a criminal background check to identify felony convictions
and sexual offender convictions. Candidates with those convictions are not hired.
Al A Carte Options
ITEM/DESCRIPTION PRICING
Tablets for all inspectors instead of phones. $85 per inspector
Inspectors complete the MNDNR search for AIS at the Water Access once per day per this
guidance https://files.dnr.state.mn.us/natural_resources/invasives/prevention/search-ais-
water-access.pdf
Contact for specific pricing
2-4 hour safety training session with County Sheriff’s Department. Contact for specific pricing
Additional data collection beyond the DNR process- such as specific weed species
identified on boats prior to launching- i.e. instead of the standard DNR reporting of “plants
removable by hand” Waterfront could document it was Eurasian Milfoil or Curly Leaf
Pondweed or Starry Stonewort etc.
Contact for specific pricing
Confidential & Proprietary – Waterfront Restoration, LLC
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Step by Step checklist- How to implement a program with Waterfront Restoration
Task # Status Dates Task description
1 Mid-February Waterfront Restoration and AIS coordinator have a phone conversation to discuss the
current status of your program and the goals for the coming season.
2 Mid-March Waterfront Restoration sends the AIS coordinator a proposal via email for hours, launches
and details of our company for you to review.
3
Mid-March Once you review proposal, you can email or call Waterfront Restoration to revise any of the
details of the proposal.
4 Early April
Once the board approves the proposal, then the AIS coordinator sends Waterfront
Restoration a signed contract (or alternatively Waterfront Restoration can send AIS
coordinator a contract template for you to review.)
5 Mid- April Waterfront reviews contract and signs and sends back to the AIS coordinator.
6 Mid- April
The AIS coordinator completes and signs the DNR delegation agreement and program plan
(links below) and sends those via mail and email to the DNR along with the executed
contract:
Delegation agreement link click here
Inspection Program Plan link click here
Now, relax, Waterfront Restoration takes over the details. You are still involved as much as you want in the
Watercraft inspection process, but you now have freed up a lot more of your Summer to concentrate on other AIS
plan activities that may be important or urgent. You don’t have to worry about recruiting, training,
managing/answering inspector questions, scheduling, protocol compliance, technology, reporting, or spot
checking, we handle all the details for you!
7 Late April The DNR sends back an executed delegation agreement letter.
8 Late-April As we hire inspectors, we will email you to notify you and have the DNR train each inspector.
9 Early May Once all inspectors have been trained, we will notify you and you will just need to forward
our email to the DNR, which notes inspector names and which training dates they were at.
10 Early May The DNR will then send back an email with an attached executed inspection authorization
letter.
11 May-September
We send you a weekly and monthly report of hours worked by lake and by access broken
down per day as well as observations from inspectors that month, so you know exactly what
is going on in the City on a weekly and monthly basis. At the end of the Summer, we send
you an annual report.
Appendix
Insurance
Please reference this link https://bit.ly/WaterfrontRestoration-Certificate-of-insurance to review our insurance
specifications/certificate.
References
Please contact me for a full detailed list of references from clients who have used and/or are using our watercraft
inspection services.
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _ th_ day of _ _, 2023, between
the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and Waterfront Restoration, LLC (“Consultant”), a Minnesota
limited liability corporation_ (hereinafter “Consultant”) whose business address is 2105 Daniels
St., Long Lake, MN 55356.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for Watercraft Inspection Services hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (proposal dated March 17, 2023 ) in connection with the Work. Exhibit A is
intended to be the scope of service for the work of the Consultant. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be
in effect in any manner.
2. Term. The term of this Agreement shall be from May 1, 2023 through October 31, 2023,
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 67,784.85 for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
Page 2 of 10 2021 04 22
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
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Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
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minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
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Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
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Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
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negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
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mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract 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
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Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement 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.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
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examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________
By:
Its:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Lori Haak
Engineering Division / Water
Resources
ITEM DESCRIPTION: IC# 5901-15
Approve Professional Services Agreement
with Blue Water Science for the 2023 Lake
Sampling Program
ITEM NO.:
VIII.M.
Requested Action
Move to: Approve Professional Services Agreement with Blue Water Science for the 2023 Lake
Sampling Program for $34,660.00.
Synopsis
The proposal from Blue Water Science continues the City’s ongoing monitoring program to help
manage our lakes. Monitoring is conducted annually to evaluate water quality trends in relation to
maintaining the status of our lakes in relation to impaired waters criteria. Vegetation surveys
provide an additional indication of lake health. In addition, monitoring results are used to assess
lake treatment options such as harvesting and the use of alum to improve water quality. The costs
of water quality improvement and monitoring projects are paid out of the stormwater utility.
Background Information
The budget for the water quality sampling program was established in the City’s Local Water
Management Plan. City staff have met with the Nine Mile Creek (NMCWD) and Riley-Purgatory-
Bluff Creek (RPBCWD) Watershed Districts to discuss projects proposed for the upcoming year
in order to coordinate activities and avoid duplication. A request for proposal was sent to Stantec,
Barr Engineering and Blue Water Science. Blue Water Science submitted the only proposal.
The following actions are included for sampling:
• Water quality sampling for Mitchell, Red Rock, Smetana, and Round Lakes. The City and
watershed districts will use the water quality monitoring results to inform future decisions
regarding lake management.
• Vegetation sampling for Mitchell, Red Rock, Smetana, and Round Lakes to provide
information regarding the extent and types of native and invasive species within the lake. On
Mitchell and Red Rock Lakes, the information gathered will also be used to inform late summer
aquatic plant harvesting.
Costs will be paid from the storm water utility fund.
Attachment
Agreement for Professional Services with Proposal
P R O P O S A L
2023 Eden Prairie Lake Sampling Program
To: Lori Haak, Water Resources Coordinator
From: Steve McComas, Blue Water Science
Date: March 23, 2023
Re: 2023 Lake Sampling Program Proposal for Eden Prairie
The sampling program will include the Tasks outlined below. All lake water quality data collected
will be entered into the Minnesota Pollution Control Agency’s water quality database.
SECTION 1 - SCOPE OF WORK
TASK 1-WATER QUALITY SAMPLING
The following samples will be collected every other week from May (after ice-out) through end of
October for Mitchell, Red Rock, Round, and Smetana lakes. Samples will be collected from the
deepest portion of the lake and latitude/longitude or UTM coordinate will be provided. Samples will be
collected, except for Secchi disc depth, from the surface to bottom of each lake in one-meter
increments. Parameters to be analyzed in the field:
• Secchi disc
• Temperature and dissolved oxygen profiles
• Conductivity
• pH
Parameters to be analyzed by a laboratory:
• Total phosphorus (surface, mid-depth, and bottom samples)
• Orthophosphate (surface, mid-depth, and bottom samples)
• Total dissolved phosphorus (surface, mid-depth, and bottom samples)
• Chlorophyll a (surface, mid-depth, and bottom samples)
• Ammonium
• Nitrate/nitrite
• Total Kjeldahl nitrogen
• Total Alkalinity
• Total Suspended Solids
• Chloride
• Iron
-1-
TASK 2-OPTIONAL VEGETATION SAMPLING - POINT INTERCEPT SURVEY -
MITCHELL, RED ROCK, SMETANA, AND ROUND LAKES
Blue Water Science will conduct one mid-summer point intercept survey to map the aquatic vegetation
within the lake.
TASK 3 - REPORT AND MEETING REQUIREMENTS
Once the analysis is completed, one final report will be prepared which summarizes the results for the
water quality monitoring and vegetation-sampling program. The report must include:
• Analysis of existing conditions.
• Comparison with historical conditions.
• Recommendations for future actions.
• Copies of all laboratory reports.
• Acknowledgement that all water quality results were entered into the MPCA’s database.
Blue Water Science anticipates two meetings with City staff to discuss the sampling protocol and
results.
The final report should be submitted by March 31, 2024.
-2-
SECTION 2 - TERMS AND CONDITIONS
Quote for 2023: Lake and Pond Water Sampling and Projects
2/Month
May - Oct
Secchi disc,
Temp, Diss oxygen, Conductivity, pH - profiles,
TP, OP, TDP, and Chl - top, mid, bottom,
NH3, NO3-NO2, TKN, Alk, TSS, Cl, Fe - top only
Costs Total
Costs
Labor For
Sampling
Lab
Costs
Report
Costs
TASK 1. WATER QUALITY MONITORING
Riley Purgatory Bluff Creek Watershed
Mitchell 12 sampling trips $1,100 12 x $395
= $4,740 $600 $6,440
Red Rock 12 sampling trips $1,100 12 x $395
= $4,740 $600 $6,440
Round 12 sampling trips $1,100 12 x $395
= $4,740 $600 $6,440
Smetana 12 sampling trips $1,100 12 x $395
= $4,740 $600 $6,440
Subtotal $4,400 $18,960 $2,400 $25,760
Total
Costs
TASK 2. OPTIONAL VEGETATION SAMPLING - POINT INTERCEPT SURVEY
Mitchell Early summer point intercept plant survey $2,200
Red Rock Early summer point intercept plant survey $2,100
Round Early summer point intercept plant survey $1,900
Smetana Early summer point intercept plant survey $2,100
Subtotal $8,300
Total
Costs
TASK 3. REPORT AND MEETING REQUIREMENTS
Report preparation included
Meetings (2 meetings at $300/meeting)$600
Subtotal $600
Summary of Proposed Costs for 2023 for Blue Water Science
Total Proposed Costs Summary
Task 1: Water Quality Monitoring - Riley Purgatory Bluff Creek Watershed $25,760
Task 2: Vegetation Sampling - Point Intercept Survey $8,300
Task 3: Report Requirements and Meeting $600
Total $34,660
-3-
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _ th_ day of _ _, 2023, between
the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and _ Blue Water Science _ (“Consultant”), a Minnesota _sole
proprietorship_ (hereinafter “Consultant”) whose business address is __550 South Snelling
Avenue, St. Paul, MN 55116_.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for__lake sampling___ hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A ( proposal dated March 23, 2023 ) in connection with the Work. Exhibit A is
intended to be the scope of service for the work of the Consultant. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be
in effect in any manner.
2. Term. The term of this Agreement shall be from _April 14, 2023__ through _March 31,
2024_ the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 34,660.00 for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
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performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
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Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
Page 4 of 10 2021 04 22
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Page 5 of 10 2021 04 22
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Page 6 of 10 2021 04 22
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
Page 7 of 10 2021 04 22
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
Page 8 of 10 2021 04 22
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract 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
Page 9 of 10 2021 04 22
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement 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.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
Page 10 of 10 2021 04 22
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________
By:
Its:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Megan Larson
Public Works / Engineering
ITEM DESCRIPTION: I.C. 21811
Award Contract for the MN 101 Watermain
Extension (Twilight Trail to Kristie Lane)
project to Northdale Construction Company,
Inc.
ITEM NO.:
VIII.N.
Requested Action
Move to: Award contract for the MN 101 Watermain Extension (Twilight Trail to Kristie Lane) project
to Northdale Construction Company Inc. in the amount of $145,220.68.
Synopsis
Six bids were received on Thursday, March 23, 2023 for this project. The bids received are summarized
as follows:
Northdale Construction Company, Inc. $145,220.68
New Look Contracting, Inc. $173,509.50
Bituminous Roadways, Inc. $179,251.50
Minger Construction Company, Inc. $189,999.50
Meyer Contracting, Inc. $194,047.39
G M Contracting, Inc. $292,347.66
City staff recommends awarding the contract for the project to Northdale Construction Company Inc., in
the amount of $145,220.68.
Background Information
This contract includes the installation of watermain from Kristie Lane to Twilight Trail along Highway
101. This extension will allow for less water service interruptions and increased capacity. The watermain
will be directionally drilled. This project also includes the installation of two new hydrants, and removal
and replacement of pavement and curb as needed to make the connections.
Project Cost Summary
The Northdale Construction Company’s low bid is below the engineer’s estimate and within anticipated
costs for this project. This project will utilize the Water Utility Fund.
Attachment
Contract Agreement
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 4th day of April 2023, by and between City of Eden
Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Northdale
Construction Company, Inc., a Minnesota corporation hereinafter referred to as the
"CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C. 22832 MN 101 Watermain Extension (Twilight Trail to Kristie Lane)
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required
quantities is estimated to be $145,220.68.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
c. Accepted Proposal Form
d. Construction Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
C-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part
of this Agreement as if fully set forth herein. This Agreement and the Contract Documents
are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the schedule provided in the Contract Documents.
VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________,
20___, by _________________________and _____________________, respectively the Mayor
and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________
Notary Public
CONTRACTOR
Northdale Construction Company, Inc.
By: __________________________________
Printed Name: _________________________
Its: _______________________________
Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Megan Larson
Public Works / Engineering
ITEM DESCRIPTION: I.C. 22832
Approve Professional Services
Agreement with Hansen Thorp Pellinen
Olson, Inc. for Construction
Administration for the MN 101
Watermain Extension Project
ITEM NO.:
VIII.O.
Requested Action
Move to: Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc.
(HTPO) for Construction Administration for the MN 101 Watermain Extension
Project in the amount of $21,000.00.
Synopsis
This Professional Services Agreement includes construction administration, observation, staking,
and record drawings for the MN 101 Watermain Extension Project.
Background Information
The project will connect the existing watermain from Kristie Lane to Twilight Trail along
Highway 101. The project was bid on March 23rd, 2023 with construction to be completed this
summer.
Project Cost Summary
The work will be funded with the Water Utility Fund.
Attachment
Professional Services Agreement
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 4th day of April 2023, between the City of Eden
Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (“Consultant”), a Minnesota
corporation (hereinafter “Consultant”) whose business address is 7510 Market Place Drive #101,
Eden Prairie, MN 55344.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for the Construction Administration for the Highway 101 Watermain Extension Project
hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (HTPO Proposal dated February 8, 2023) in connection with the Work. Exhibit
A is intended to be the scope of service for the work of the Consultant. Any general or
specific conditions, terms, agreements, consultant or industry proposal, or contract terms
attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall
not be in effect in any manner.
2. Term. The term of this Agreement shall be from April 4, 2023 through September 30,
2023 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $21,000 for the services as described in Exhibit
A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
HTPO Construction Administration – 101 Watermain Extension
Page 2 of 10 2021 04 22
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
HTPO Construction Administration – 101 Watermain Extension
Page 3 of 10 2021 04 22
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
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minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
HTPO Construction Administration – 101 Watermain Extension
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Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
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Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
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negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediat ion shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
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mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract 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
HTPO Construction Administration – 101 Watermain Extension
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Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement 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.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
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examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________
By:
Its:
Adam Pawelk
Vice President
7510 Market Place Drive
Eden Prairie, MN 55344
Phone: 952-829-0700
Fax: 952-829-7806
www.htpo.com
HANSEN THORP PELLINEN OLSON, INC.
February 8, 2023
Ms. Megan Larson
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Highway 101 Watermain Extension
Dear Megan,
HTPO is pleased to provide this proposal for construction administration,
observation, staking, and record drawing/as-built services for the Highway 101
Watermain Extension Project.
SCOPE OF SERVICES
We propose to provide the following services:
1. Construction Administration
• Communications with contractor and utility companies
• Conduct preconstruction meeting
• Attend up to two meetings as needed during construction
• Review shop drawings
• Respond to RFIs & processing change orders, if needed
• Process pay requests
• Project closeout
2. Construction Observation
• Includes up to 80 hours of construction observation by HTPO over the
course of the anticipated 4 weeks of construction
• Final site walk-through and prepare final punch list
3. Construction Staking
Includes a one-time staking on the project for the following:
• Pavement sawcut lines
• Watermain location stakes every 50’
• Line and grade stakes for 2 hydrants and 2 gate valves
4. Construction Record Drawings/As-Builts
• Field locate 2 hydrants and 2 gate valves
• Prepare record drawings and tie cards
Page 2 of 2
RE: Highway 101 Watermain
February 8, 2023
ASSUMPTIONS
• Estimated 4 weeks of construction activity.
• No geotechnical testing will be required.
• Contractor will acquire MnDOT permit for working within MnDOT right-
of-way.
• Contractor will be responsible for the Gopher State One Call Request.
• Construction staking will be completed in one trip. If additional trips are
required, an additional fee may be incurred.
• The items listed above will be staked one time. Re-staking will be billed
hourly based on our standard hourly rates.
• The as-built survey will occur after the watermain appurtenances listed
above have been installed and will require 1 trip.
• Contractor will be responsible for providing as-built data of the installed
directionally drilled watermain.
SCHEDULE
We assume that the construction administration work will begin May 2023
following the bid opening. Final completion and project closeout is to be in
September 2023 per the date listed in the Special Provisions for this project.
COMPENSATION
Compensation for those items described in the Scope of Services above are
estimated as follows:
Total Not to Exceed Fee and Expenses $ 21,000
PAYMENT
Invoices will be submitted based on actual hours worked using a 2.4 multiplier
times direct personal expense, and reimbursable expenses incurred (printing,
courier, and other out-of-house documents and fees). We will keep you informed
of our work progress and the above fee estimate will not be exceeded without
prior approval from your office. We invoice our services monthly payable within
30 days.
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
Mike Kline, E.I.T. Adam Pawelk, P.E.
Engineering Designer Project Manager | Vice President
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Scott Riley
Public Works / Streets
ITEM DESCRIPTION:
Award Contract for 2023 Curb and
Gutter Replacement to Curb Masters
Inc.
ITEM NO.:
VIII.P.
Requested Action
Move to: Award the Contract for 2023 removal and replacement of curb and gutter to Curb
Masters, Inc. for a cost not to exceed $169,000.00.
Synopsis
A request for quotes was sent out for the removal and installation of approximately 3,500 LF of
surmountable curb and gutter in the 2023 overlay area. One quote was received from Curb
Masters Inc. at a total estimated cost of $139,900.00 with the contract not to exceed $169,000.00.
Bidder Estimate
Curb Masters Inc $139,900
MN State Curb and Gutter No Bid
CR Fischer and Metro Paving No Bid
Background Information
This contract aims to help Streets Division Staff with the removal and installation of an
enormous amount of curb and gutter in the Overlay Project area. Keeping the project on schedule
and done in time for the pavement rehabilitation contractor.
Attachment
Contract
SP - 1
Exhibit B
SPECIAL PROVISIONS FOR
2023 CURB & GUTTER REPLACEMENT
CITY OF EDEN PRAIRIE, MINNESOTA
S-1 SCOPE OF WORK
S-2 START DATE, COMPLETION DATE AND LIQUID DAMAGES
S-3 PRE-CONSTRUCTION MEETING
S-4 GENERAL CONTRACTOR INFORMATION
S-5 CONSTRUCTION STAKING
S-6 TRAFFIC CONTROL
S-7 EXISTING UTILITIES
S-8 MISCELLANEOUS OBSTRUCTIONS
S-9 IRRIGATION AND PET CONTAINMENT
S-10 PRIVATE PROPERTY
S-11 SITE PROTECTION
S-12 CONCRETE CURB AND GUTTER REMOVAL
S-13 BITUMINOUS PAVEMENT REMOVAL
S-14 CONCRETE CURB AND GUTTER DESIGN (MOUNTABLE)
S-15 RESTORATION
SP - 2
S-1 SCOPE OF WORK
The work to be done under this Contract shall include, but is not necessarily limited to,
furnishing all labor, materials, transportation, tools, supplies, equipment, etc. necessary to
remove and reconstruct concrete curb and gutter along Round Lake Rd, Honeysuckle Ln, and
Park Cir within the City of Eden Prairie.
The work under this Contract includes all of the work items as described in these
Specifications and/or shown on the Plans as prepared by the City of Eden Prairie.
S-2 START DATE, COMPLETION DATE AND LIQUIDATED DAMAGES
Contractor may start work after April 5th, 2023 and must complete all work required
within this contract by June 10, 2022.
Five hundred dollars ($500.00) will be deducted from any money due the Contractor for each
and every calendar day that the work remains uncompleted beyond the completion date.
S-3 PRE-CONSTRUCTION MEETING
Prior to the start of any work, there will be a pre-construction meeting required.
Representatives of the City, the Contractor and Subcontractors shall be present at the
meeting.
At this meeting, the contractor shall submit, in writing, to the City for approval, a schedule
which shall essentially indicate the number of crews to be employed, locations of work
for each crew, sequence of construction and completion within specified contract dates.
The contractor must also supply a list of emergency contacts.
S-4 GENERAL CONTRACTOR INFORMATION
General construction requirements include the following:
a) New concrete curbing shall remain barricaded and protected for a minimum
of three (3) days after completion.
b) All edges of concrete shall be uniform and straight.
SP - 3
c) Finished surface shall drain properly.
d) The concrete curbing shall be graded in such a manner as to not create any
drainage problems, i.e., standing water, or ponding along edges. The
contractor shall not change or redirect existing drainage patterns without
authorization and approval by the City.
S-5 CONSTRUCTION STAKING
For all areas of the project the Contractor is responsible for constructing the curb and gutter,
consistent with the plan and details and for maintaining existing drainage patterns and
positive drainage flow. The City will work with the contractor to identify and mark the limits
of removal items, and establish heights if needed.
S-6 TRAFFIC CONTROL
Traffic control shall be the responsibility of the Contractor, which shall include all flagging,
barricades, warning signs and traffic cones to maintain, control, safeguard vehicle and
pedestrian traffic and the adjacent residents and adequately protect the work. All traffic
control shall be in accordance with the latest version of the Minnesota Manual on
Uniform Traffic Control Devices (MN MUTCD) as needed. Traffic and access to properties
shall be maintained at all times during construction. Construction should be staged to
allow appropriate pedestrian and bicycle passage through the work zone.
S-7 EXISTING UTILITIES
It is the Contractor's responsibility to determine and verify the location of all utilities. The
Contractor shall determine the exact locations as the work proceeds. Excavation work shall
be done carefully so as to avoid damaging the existing utilities. The Contractor shall
determine to what extent any utilities will affect the work and shall be responsible for their
location, protection, and repair where necessary. It shall be the responsibility of the
Contractor to make the required contacts and coordinate the work with the utility
companies.
S-8 MISCELLANEOUS OBSTRUCTIONS
The Contractor shall provide for protection, temporary removal and replacement or
relocation of obstructions including but not limited to signs, fences, mailboxes and
landscaping as required for the performance of the work in these Contract Documents or
as directed by the City. After final grading, all items shall be replaced in their original or
new location and shall be in as good or better condition than when the job commenced.
Existing materials shall be reused where possible. Coordinate all work with property
owners. All work regarding miscellaneous obstructions shall be incidental to the contract
SP - 4
relocation of obstructions including but not limited to signs, fences, and mailboxes and
landscaping as required for the performance of the work in these Contract Documents or
as directed by the City. After final grading, all items shall be replaced in their original or
new location and shall be in as good or better condition than when the job commenced.
Existing materials shall be reused where possible. Coordinate all work with property
owners. All work regarding miscellaneous obstructions shall be incidental to the contract.
S-9 IRRIGATION AND PET CONTAINMENT SYSTEMS REPAIR
The Contractor shall attempt to field verify existing irrigation and/or pet containment
systems in the project area prior to construction and notify the City of such known systems.
The Contractor shall avoid or minimize disturbance to existing systems during construction.
Irrigation and pet containment systems damaged by the Contractor shall be repaired to the
satisfaction of the owner by the City, the Contractor may be liable for costs incurred by
the City should damage become excessive. The Contractor must notify the property
owner and City immediately of damage to pet containment systems so the property
owner is aware that pet containment is not functional and they can be repaired by the
end of the work day.
S-10 PRIVATE PROPERTY
All work as shown shall be performed within the public right of way or temporary
construction easement. If it is necessary or desirable that the Contractor use land outside of
City right-of-way or easements, the Contractor shall obtain consent from, and shall execute
a written agreement with, the owner and tenant of the land. The Contractor shall not enter
for or occupy for any purpose, including parking, any private property outside the designated
rights-of-way or easements without written permission from the owner and tenant.
S-11 SITE PROTECTION
The Contractor shall remove all debris from the roadway at the end of each workday leaving
the roadway in a clean condition in accordance with the City’s “Erosion Control Policy.” This
shall include excavated materials, sand, etc.
The Contractor shall provide for and be responsible for protection of existing pavements,
driveways, utilities, fencing, etc. All existing materials, surfaces, etc., which are damaged
by the Contractor outside the construction limits shall be repaired and restored to an
original and functional condition at no cost to the City. All construction debris, including
excavated soils, shall be removed and disposed of in a manner satisfactory to the City.
S‐12 CONCRETE CURB AND GUTTER REMOVAL
Concrete curb and gutter removal shall include full depth removal of concrete curb and
gutter as needed to allow for the construction and restoration of the project. Removal
SP - 5
limits shall be verified by the City. The unit price of each item shall include the curb saw
cutting and the removal of the material off-site. The City will cover cost of rubble disposal
at City designated dump site.
S-13 BITUMINOUS PAVEMENT REMOVAL
Bituminous pavement removal shall include full depth removal of pavement 12 to 16
inches wide from toe of curb, to form and install new concrete curb and gutter. Removal
limits shall be verified by the City. The unit price shall include the removal of the material
off-site. The City will cover cost of rubble disposal at City designated dump site.
S-14 CONCRETE CURB AND GUTTER DESIGN
New concrete curb and gutter shall match existing design and be installed in accordance
with MnDOT 2531 and as shown on the plans. Payment will be made by the linear foot
installed at the unit bid prices. Transitions shall be paid as linear feet of curb and gutter
at the unit bid price with no additional compensation allowed. Concrete mix number 3F52
shall be used for all curb and gutter.
New concrete curb and gutter shall be pinned/doweled to existing concrete with (2) 12
inch minimum length by ½ inch diameter epoxy coated dowels, rebar, or tie bars.
Pin/dowel must be centered, embedded a minimum of 6 inches on both sides of new
joint, shall not be closer than 4 inches from the edge of curb, and a minimum of 10 inches
apart.
S-15 RESTORATION
The City of Eden Prairie will be responsible for the restoration of turf and bituminous
adjacent within 12 inches of the curb and gutter establishment of turf in areas disturbed
by construction. Contractor to limit damage to turf areas behind the curb.
END OF SECTION
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: I.C. 22825
Award Contract for the Prairie Center Drive
and Singletree Lane Improvement project to
New Look Contracting, Inc.
ITEM NO.:
VIII.Q.
Requested Action
Move to: Award contract for the Prairie Center Drive and Singletree Lane Improvement project to New
Look Contracting, Inc. in the amount of $591,655.00.
Synopsis
Three bids were received on Thursday, March 23, 2023 for this project. The bids received are
summarized as follows:
New Look Contracting, Inc. - $591,655.00
Valley Paving, Inc. - $636,872.00
Urban Companies - $775,548.50
City staff recommends awarding the contract for the project to New Look Contracting, Inc., in the
amount of $591,655.00.
Background Information
This contract provides for improvements to roadway and pedestrian safety, signals including flashing
yellow arrow, and level of service. This project will focus on improving areas of this intersection that
contribute to the highest crash rate in the city. Specifically signal timing benefits and improved
geometrics such as an added left turn lane on Prairie Center Drive to Singletree Lane.
Project Cost Summary
The New Look Contracting, Inc. low bid was just under the engineer’s estimate by a 0.24%. This project
will utilize Municipal State Aid funding as well as the Transportation and Storm Water Funds.
Attachment
Contract Agreement
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 4th day of April 2023, by and between City of Eden
Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and New Look
Contracting, Inc., a Minnesota corporation, hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C. # 22825, Prairie Center Drive & Singletree Lane Improvements
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required
quantities is estimated to be $591,655.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
c. Accepted Proposal Form
d. Construction Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
C-2
22825 PCD and Singletree Improvements
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part
of this Agreement as if fully set forth herein. This Agreement and the Contract Documents
are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the schedule provided in the Contract Documents.
VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
22825 PCD and Singletree Improvements
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________,
20___, by _________________________and _____________________, respectively the Mayor
and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________
Notary Public
CONTRACTOR
______________________________
By: __________________________________
Printed Name: _________________________
Its: _______________________________
Title
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Purchase of Two Lift Station
Panels from Integrated Process Solution,
Inc.
ITEM NO.:
VIII.R.
Requested Action
Move to: Approve the purchase of new control panels for Lift Station No. 1 (Top View Lift),
and Lift Station No. 13 (Riley Creek Ridge Lift) for a combined total of $132,700.
Synopsis
The City of Eden Prairie Utilities Division solicited quotes from three competent electrical panel
builders for the new controls required in the rehabilitation of Lift Station No. 1 at 12900 Roberts
Drive, and for Lift Station No. 13 at 9395 Shetland Road, of which two responded with
proposals . The low quote of $64,250 for the panel at Top View and $68,450 for Riley Creek
Ridge was offered by Integrated Process Solutions, Inc. (IPS). Staff recommends the City
Council purchase the panels from the least-cost supplier.
Background Information
Each year, Eden Prairie Utilities has planned the major maintenance and upgrade of up to two of
our 22 lift stations. Doing this major maintenance work ensures the systems are removed,
inspected, replaced, and upgraded as necessary on a consistent basis before they have an
opportunity to completely fail. Annually, we visit each lift station in the summer to completely
go through the mechanical functions of the system and perform any needed repairs to the pumps
and controls. Lift Stations No. 1 and 13 are on this program of rehabilitation, and the control
panels can be purchased directly by the city to speed-up the acquisition timeline rather than
including the panels in the contractor’s bid. As you may suspect, supply-chain delivery
schedules, especially for technical digital control equipment, are minimally 6-months out, and
the additional process-time of bid-procurement would postpone these projects until next spring.
All costs for the improvement project will be paid from the wastewater utility enterprise capital
fund.
Attachment
Contract
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the _4th_day of_April_, 20_23_, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and _Integrated Process Solution, Inc._, a Minnesota
_corporation_(hereinafter "Contractor") whose business address is_34696 412 Street SE,
Fosston, MN 56542_.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
_Building and Providing Specified Contol Panels for Lift Stations No. 1 and No. 13_ hereinafter
referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
_April_ _4_, 20_23_. The Work shall be completed by _October 31, 2023_.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor’s personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
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necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor [a fixed sum of $_132,700_,
as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may not
remove or replace the Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and dili gence in
the performance of its services as is ordinarily exercised by members of the profession under
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similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
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Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance
of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
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Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
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11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City’s written acceptance of the Work. The City’s rights under
the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or
non-performance of the other party (“notified party”) shall give the notified party
notice in writing of the notifying party’s desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises
any and all of Contractor’s equipment and other property. Except for liability
resulting from acts or omissions of a party, arising, taken or omitted prior to such
termination, the rights and obligations of each party resulting from this Agreement
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shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
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regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. 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.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Contractor shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
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subcontracts for program work. The Contractor further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement 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.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
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30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________
2023/2024 Lift Station Rehab Control Panels
Eden Prairie, MN
Scope of Work for Panel Construction
Lift Station LS1 “Top View” – 240V, 3-Phase, 10HP Open Delta - Build one control panel per the following
specification:
1.Lift Station LS1 “Top View” Control Panel
a.(1) Lift Station LS1 Control Panel
i.NEMA 3R Freestanding Stainless Steel Enclosure with Associated Sub Panel
ii.Enclosure Top Mount Sunshield
iii.Enclosure LED Working Lights
iv.UL698A Listed Control Panel
v.Enclosure Fan & Filter Kit with Stainless Steel Rain Hoods
vi.Enclosure Generator Receptacle AR20422-S4-S22
vii.100A Main & Emergency Circuit Breakers with Mechanical Interlock
viii.VFD Circuit Breakers (Sized During Design)
ix.Schneider Electric 10HP VFD’s
x.120VAC Surge Protection Device
xi.24VDC, 90W Power Supply
xii.5-Port Unmanaged Ethernet Switch
xiii.700VA UPS
xiv.Ambient Air Temperature Sensor/Transmitter
xv.Allen Bradley 1769-L18 Series CompactLogix PLC with Associated I/O Modules
xvi.Allen Bradley Panel View Plus 7 Standard 7” Operator Interface
xvii.Viper SC-400 Radio 406-470MHz
xviii.Antenna Lightning Arrestor
xix.Yagi Style Antenna
xx.Required Door Mounted Devices
xxi.Required Control Relays and Bases
xxii.Required Terminal Blocks and Terminal Block Jumpers
xxiii.Required Fuse Holders and Fuses
xxiv.Required Grounding Equipment
2.Instrumentation for Lift Station LS1
a.(1) Submersible Level Transducer
b.(2) Float Switches
c.(1) Anchor, Stainless Steel Cable, & Stainless Steel Clips
Exhibit A: Scope of Work Page 1
1.Lift Station LS13 “Riley Creek Ridge” Control Panel
a.(1) Lift Station LS11 Control Panel
i.NEMA 3R Freestanding Stainless Steel Enclosure with Associated Sub Panel
ii.Enclosure Top Mount Sunshield
iii.Enclosure LED Working Lights
iv.UL698A Listed Control Panel
v.Enclosure Fan & Filter Kit with Stainless Steel Rain Hoods
vi.Enclosure Generator Receptacle AR20244-S22-M80
vii.100A Main & Emergency Circuit Breakers with Mechanical Interlock
viii.VFD Circuit Breakers (Sized During Design)
ix.Required Schneider Electric 20HP VFD’s
x.120VAC Surge Protection Device
xi.24VDC, 90W Power Supply
xii.5-Port Unmanaged Ethernet Switch
xiii.700VA UPS
xiv.Ambient Air Temperature Sensor/Transmitter
xv.Allen Bradley 1769-L18 Series CompactLogix PLC with Associated I/O
Modules
xvi.Allen Bradley Panel View Plus 7 Standard 7” Operator Interface
xvii.Viper SC-400 Radio 406-470MHz
xviii.Antenna Lightning Arrestor
xix.Yagi Style Antenna
xx.Required Door Mounted Devices
xxi.Required Control Relays and Bases
xxii.Required Terminal Blocks and Terminal Block Jumpers
xxiii.Required Fuse Holders and Fuses
xxiv.Required Grounding Equipment
2.Instrumentation for Lift Station LS13
a.(1) Submersible Level Transducer
b.(2) Float Switches
c.(1) Anchor, Stainless Steel Cable, & Stainless Steel Clips
Lift Station LS13 “Riley Creek Ridge” – 480V, 3-Phase, 20HP, 27FLA's - Build one control panel per the
following specification:
Exhibit A: Scope of Work Page 2
1.General Services
a.Complete submittals and system drawings.
b.Onsite installation of equipment as indicated above and training.
c.Panel fabrication & UL Listing.
d.Factory testing of control panels.
e.O&M manuals.
f.Standard one-year warranty for all equipment, with extended warranty for items as detailed in
individual product specifications.
g.Delivery of equipment to the jobsite (unloading by others).
2.Exclusions
a.Any PLC, OIT, or SCADA programming services.
b.Any antenna junction box, provided by the vault manufacture.
c.Any mounting equipment or hardware for the control panels.
d.Any conduits between control panels and field devices.
e.Any antenna masts or installation of antenna masts.
f.Any installation of coaxial or coaxial connectors.
g.Any demolition of any equipment whatsoever.
h.Any concrete work.
i.Any fiber optic cable or fiber optic terminations.
j.Any programming of any OEM provided equipment.
k.Any generators or generator receptacles.
l.Performance, payment, or equipment bonds.
m.Permits of any kind.
n.Installation materials such as equipment racks, mounting hardware, brackets, stands, or hangers,
unless specifically noted in this proposal.
o.Conduit and wire.
p. Control Wiring external to equipment included in this project.
q. Terminations of field wiring in control panels or at the field device.
r. Cable raceways.
s. Demolition of equipment.
t. Equipment pads.
u. Ground resistance testing.
v. Electrical studies or third-party testing.
Exhibit A: Scope of Work Page 3
Overall Project General Requirements and Exclusions
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Professional Services Agreement with AE2S
for Electrical Engineering Design and Construction
Administration of the 2023-2024 Wastewater Lift
Station Rehabilitation Project
ITEM NO.:
VIII.S.
Requested Action
Move to: Approve Professional Services Agreement with Advanced Engineering and
Environmental Services, LLC (AE2S) in the amount of $100,000.00 for Engineering
Services in Support of Rehabilitating four Sanitary Sewer Lift Stations.
Synopsis
Utilities Division plans for the rehabilitation of up to two sanitary sewer lift station per year in the
Wastewater Capital Improvement Plan (CIP). Funds are available in 2023 to upgrade four lift
stations based on current cost estimates. This contract is for the design and construction
administration of the lift station electrical systems and controls at all four locations.
Background Information
The sanitary sewer lift stations at 12900 Roberts Drive and 9395 Shetland Road are next in line
for a thorough overhaul. The wastewater CIP provides funding for the rehabilitation of up to two
lift stations per year on a 20-25 year preventive maintenance rotation schedule, and these lift
stations were programmed for 2023. Funding from the wastewater utility capital reserves is
sufficient to allow the City to also rehabilitate the lift stations at 8491 Red Oak Drive and 18352
Cattail Court, which are next on the rotation list. Staff recommends approval of a professional
services agreement with AE2S for the engineering design and construction management of the
electrical systems and the instrumentation and controls necessary for the project. Electrical
installation will be part of the construction contract and programming of the system will fall
under a separate contract as well. All costs associated with this project will be drawn from the
wastewater enterprise capital improvement fund.
Attachment
Agreement
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _4th_ day of_April_, 2023, between the City of
Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and _Advanced Engineering and Environmental Services, LLC
(AE2S)_ (“Consultant”), a North Dakota Limited Liability Company (hereinafter “Consultant”)
whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for_professional engineering services for the design and construction administration
of new instrumentation and controls at four City owned sanitary lift stations located at 12900
Roberts Drive, 8491 Red Oak Drive, 9395 Shetland Road, and 18352 Cattail Court_ hereinafter
referred to as the “Work”.
The City and Consultant agree as follows:
1.Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part
of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in
any manner.
2.Term. The term of this Agreement shall be from _April 4, 2023_through _November 30,
2024_ the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
3.Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 100,000 for the services as described in Exhibit
A.
a.Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b.Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 2021 04 22
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay .
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
Page 3 of 10 2021 04 22
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
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has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
Page 5 of 10 2021 04 22
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
Page 6 of 10 2021 04 22
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
Page 7 of 10 2021 04 22
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediat ion shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
Page 8 of 10 2021 04 22
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
Page 9 of 10 2021 04 22
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
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement 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.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
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a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________
By:
Its:
Scope of Professional Services
Eden Prairie 2023-2024 Lift Station Rehabilitation Projects
Advanced Engineering and Environmental Services, LLC (AE2S) agrees to render professional
engineering services (Assignment) to City of Eden Prairie (CITY) in relation to the 2023-2024 Lift
Station Rehabilitation Projects.
Scope of Basic Services
The City of Eden Prairie plans a thorough rehabilitation of four (4) Sanitary Sewer Lift Stations;
Lift Station No. 1 (Top View); Lift Station No. 11 (Red Oak); Lift Station No. 13 (Riley Creek Ridge);
and Lift Station No. 15 (Summerfield) for their 2023/2024 Lift Station Rehabilitation Projects and
has requested assistance from an engineering team to design and manage the project.
Sambatek will serve as the lead engineer for the project. AE2S will perform the electrical and I&C
services engineering for the project. I&C programming professional services will be performed
under separate contract with the CLIENT and are not included as part of this letter agreement.
Based on our understanding of the project, we anticipate that the professional services will
include the following for each Lift Station.
Design Phase
·Attend project team meetings organized by Sambatek.
·Prepare 95% set of electrical & I&C drawings based on background
drawings provided by Sambatek.
·Prepare 95% electrical and I&C specifications that cover the project.
·Prepare 95% opinion of probable construction cost.
·Review 95% construction documents with Sambatec and City personnel
and make changes as required.
Exhibit A: Scope of Work
City of Eden Prairie
Lift Station
Rehabilitation Page 2 of 3
·Update electrical and I&C construction drawings and
specifications based upon comments on 95% design documents.
·Update electrical and I&C opinion of probable cost to reflect any modifications
made.
·Submit final electrical and I&C bidding documents to Sambatek in electronic format
(PDF).
Bidding Phase
·Respond to bidder questions on electrical and I&C items.
·Support addenda preparation, as required.
Construction Phase
·Attend preconstruction conference.
·Review Contractor submittals for (shop drawings) for electrical and I&C
products and equipment. (Sambatek will send shop drawings to AE2S
and AE2S will return the reviewed documents to Sambatek.)
·Support Sambatek on contract change order requests, as required.
·Support Sambetek on contractor pay requests, as required.
·Attend start-up and provide Substantial Completion inspection.
·Submit punch list to Sambetek.
·Prepare as-built drawings based on contractor’s mark up of drawings and submit to
Sambetek.
Warranty Phase
·Support Sambetek and the City, as needed, during the warranty phase. Includes up
to 10 hours per station hours during the 12-month warranty period.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the
Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by
the CITY, AE2S will provide services beyond the scope of this Scope of Work on an hourly basis
in accordance with the current Hourly Fee Schedule on file with the Client.
CITY’S Responsibilities
The CITY shall do the following in a timely manner, so as not to delay the services of AE2S:
Exhibit A: Scope of Work
City of Eden Prairie
Lift Station
Rehabilitation Page 3 of 3
1.Designate a person to act as CITY’s representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to
transmit instructions, receive information, and interpret and define CLIENT’s
policies and decisions with respect to services for the Assignment.
2.Provide relevant information regarding requirements for the Assignment. AE2S shall
be entitled to use and rely upon all information provided by CITY or others in
performing AE2S’s services under this Agreement.
3.Provide access to the relevant sites sufficient for AE2S to performs its services
under this Agreement.
4.CITY shall, so long as AE2S is not in default, promptly pay AE2S for such services as
have been performed satisfactorily hereunder in accordance with the fee terms set
forth in the CITY's standard Professional Services Agreement.
CITY shall bear all costs incident to compliance with its responsibilities pursuant to this section.
Fees
AE2S shall render services under this Agreement on an hourly basis in accordance with our Hourly
Fee Schedule. ENGINEER proposes to complete the Scope of Services on an hourly not to exceed
basis. A breakdown of the estimated costs for the Scope of Services per lift station is as follows:
Tasks Fee
per Lift Station
Total for 4 Lift
Stations
Design Phase Engineering Services (2023) $11,250 $45,000
Bidding Phase Engineering Services (2023) $2,250 $9,000
Construction Phase Engineering Services (2024) $9,300 $37,200
Total Design, Bidding & Construction
Professional Services
$22,800 $91,200
Warranty Phase Services $2,000 $8,000
Performance Schedule
AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time
period. We are available to start immediately following Notice to Proceed.
Exhibit A: Scope of Work
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Professional Services Agreement with AE2S
for Instrumentation and Control Systems Programming
and Configuration for Wastewater Lift Station
Rehabilitation Projects
ITEM NO.:
VIII.T.
Requested Action
Move to: Approve Professional Services Agreement with Advanced Engineering and
Environmental Services, LLC (AE2S) in the amount of $21,452.00 for
Instrumentation and Control System Programming Services Related to the
Rehabilitation of two Sanitary Sewer Lift Stations.
Synopsis
This contract is for the programmable logic controller (PLC) and Supervisory Control and Data
Acquisition (SCADA) programming services associated with Bluestem and Bell Oaks Lift Stations
recently refurbished under contract with Pember Companies.
Background Information
The Utility Division Capital Improvement Budget includes annually the rehabilitation of up to
two sanitary sewer lift stations in order to maintain a planned, preventive maintenance,
comprehensive overhaul of the city’s 22 sewer lift stations before they become seriously
degraded. Under this plan, the selected lift stations are made like-new and able to perform
reliably for another 25 years with regular, routine maintenance. The two lift stations at Bluestem
lane and Purdey Road were upgraded, and the ongoing system PLC and SCADA programming
by our controls integration specialist is the final step of the project. Staff recommends approval
of a professional services agreement with AE2S for the programming and configuration work
required to complete the project. Costs associated with this contract will be drawn from the
wastewater enterprise capital improvement fund.
Attachment
Agreement
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _4th_ day of_April_, 2023, between the City of
Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and _Advanced Engineering and Environmental Services, LLC (AE2S)_
(“Consultant”), a North Dakota_ Limited Liability Company (hereinafter “Consultant”) whose
business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for programmable logic controller (PLC) and supervisory and data acquisition
(SCADA) system programming services for sanitary sewer lift stations number 10 and 12_
hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part
of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in
any manner.
2. Term. The term of this Agreement shall be from _April 4, 2023_through _June 3, 2023_
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 21,452 for the services as described in Exhibit
A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 2021 04 22
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
Page 3 of 10 2021 04 22
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
Page 4 of 10 2021 04 22
has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
Page 5 of 10 2021 04 22
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
Page 6 of 10 2021 04 22
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
Page 7 of 10 2021 04 22
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
Page 8 of 10 2021 04 22
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
Page 9 of 10 2021 04 22
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
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement 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.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
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a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________
By:
Its:
Page 11 of 10 2021 04 22
Exhibit A: Scope of Work
Advanced Engineering and Environmental Services (AE2S) will render professional services for
programmable logic controller (PLC) and Supervisory Control and Data Acquisition (SCADA)
programming services associated with the Bluestem and Bell Oaks Lift Stations within the City of
Eden Prairie (CITY).
Scope of Basic Services
AE2S will perform the following tasks per site:
1. Project planning and coordination.
2. Perform PLC programming to create PLC programs for use within the lift stations PLC’s
consisting of
controls, runtime, and alarms logic. Logic shall include the following:
1. Pumps 1 and 2 running status.
2. Pumps 1 and 2 runtimes.
3. Pumps 1 and 2 start counts.
4. Pumps 1 and 2 fault status.
5. Pumps 1 and 2 Hand-Off-Auto switch in hand position feedback.
6. Pumps 1 and 2 Hand-Off-Auto switch in auto position feedback.
7. Pumps 1 and 2 fail to start alarms.
8. Pumps 1 and 2 overtemp alarms.
9. Pumps 1 and 2 seal fail alarms.
10. Wetwell level.
11. High wetwell alarm and adjustable setpoint (level transmitter).
12. High wetwell alarm (float).
13. Low wetwell alarm and adjustable setpoint (level transmitter).
14. Low wetwell alarm (float).
15. Communication status.
16. Control panel intrusion.
17. Control power fail alarm.
18. Control panel surge arrestor failure.
19. Control panel high temperature alarm and adjustable setpoint.
20. Control panel low temperature alarm and adjustable setpoint.
21. UPS failure alarm.
22. Level control and adjustable setpoints.
23. Pump alternation controls.
24. Backup mode controls.
25. Alarm disable/enable control.
26. Simulation mode items.
3. Perform PLC programming within the Lift Stations Master PLC to create data mapping
and telemetry messaging logic.
4. Perform operator interface terminal (OIT) programming to create graphical interfaces for
all local lift stations controls, runtimes, and alarms.
Page 12 of 10 2021 04 22
5. Perform SCADA programming to create graphical interfaces within the SCADA
application for associated lift stations controls, runtimes, and alarms.
6. Configure the following as historical data within Historian:
1. Pumps running status.
2. Pumps runtimes.
3. Pumps start counts.
4. Wetwell level.
5. Utility power failure alarming.
7. Create trends to monitor lift stations wetwell level and pumps running status.
8. Add associated alarms to existing WIN-911 alarming software.
9. Perform radio configuration.
10. Radio antenna termination and commissioning.
11. Startup and commissioning of lift stations control panels.
12. Testing and commissioning of lift stations PLC logic and controls.
13. Operator training.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the
Assignment are not included as a part of the Scope of Basic Services.
CITY’s Responsibilities
CITY shall do the following in a timely manner, so as not to delay the services of AE2S:
1. Designate a person to act as CITY’s representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to transmit
instructions, receive information, and interpret and define CITY’s policies and
decisions with respect to services for the Assignment.
2. Provide access to the relevant sites sufficient for AE2S to perform its services under
this Agreement.
3. CITY shall, so long as AE2S is not in default, promptly pay AE2S for such services as
have been performed satisfactorily hereunder in accordance with the payment terms set
forth in the CITY’s standard agreement for professional services.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Scott Riley
Public Works / Streets
ITEM DESCRIPTION:
Award Contract for 2023 Mudjacking to
Northstar Mudjacking and More
ITEM NO.:
VIII.U.
Requested Action
Move to: Award Contract for the 2023 Mudjacking of curb and sidewalk panels to Northstar
Mudjacking and More for a cost not to exceed $50,000.
Synopsis
A request for quotes was sent out for the Mudjacking of curb and sidewalk panels on March 9,
2023. Quotes were received by March 30, 2023, with Northstar Mudjacking and More being the
lowest qualifying bid.
Bidder Estimate
Northstar Mudjacking and More $35,055.00
Concrete Pressure Lifting $219,000.00
Metro Concrete Raising No Bid
Background Information
This contract aims to help Streets and Parks Division Staff with the preservation of curb and
sidewalk infrastructure. Decreasing trip hazards on walks and maintaining positive flow of storm
water throughout the city and in the overlay area.
Attachments
Contract
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 4th day of April, 2023, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Northstar Mudjacking & More, a Minnesota company (hereinafter
"Contractor") whose business address is 11400 E 280th Street, Webster, MN 55088.
.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for
mudjacking of concrete curb, gutter, and sidewalk panels throughout The City (hereinafter
referred to as the "Work").
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with the attached Exhibit A.
2. Time of Commencement and Completion. The Work to be performed under this Contract
shall be commenced immediately after execution of this Contract. The Work shall be
completed by November 30, 2023.
3. Compensation for Services. City agrees to pay the Contractor a cost not to exceed $50,000
based on unit prices described in Exhibit A (Quote Letter) as full and complete payment for
the labor, materials and services rendered pursuant to this Contract and as described in
Exhibit B (Special Provisions).
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Construction Contract 2018 08 01 Page 2 of 13
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an
itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the
contract. Each invoice shall be accompanied by general lien waiver and further lien
waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the
invoice or bill must include the following signed and dated statement: “I declare
under penalty of perjury that this account, claim, or demand is just and correct and
that no part of it has been paid.”
c. Final Payment. Contractor’s request for final payment shall be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed,
and the City accepts the Work in writing. The acceptance of final payment shall
constitute a waiver of all claims by the Contractor except those previously made in
writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and each
of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract 2018 08 01 Page 3 of 13
6. Project Manager and Staffing. The Contractor shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the City.
7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods
shall be subject to inspection and testing by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
Standard Construction Contract 2018 08 01 Page 4 of 13
10. Private Property. The Contractor shall not enter upon private property for any purpose
without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.;
all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof;
and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the
Contractor fail to remove such equipment, tools and supplies, the City shall have the right to
remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part
thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed
by the Contractor within ten (10) days after the date fixed in the written notice from the City to
the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such
compensation, with complete substantiating records, shall be filed with the City within ten (10)
days after the date of order to resume Work in order to receive consideration. This paragraph
shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate
Change Order shall be issued deducting from the payment then or thereafter due the
Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
Standard Construction Contract 2018 08 01 Page 5 of 13
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract shall be terminated at the
expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or
fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the
City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable
attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract
upon ten (10) days written notice to the City for any of the following reasons:
a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five
(45) days after the sum becomes due.
16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall
agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
Standard Construction Contract 2018 08 01 Page 6 of 13
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Contractor fails within that time to pay the
subcontractor any undisputed amount for which the Contractor has received payment by the
City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual interest 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.
17. Responsible Contractor
Contractor warrants under oath that Contractor is in compliance with the minimum criteria
required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has
obtained from all subcontractors and motor carriers with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that
the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from
each additional subcontractor and motor carrier with which it has a direct contractual
relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors
and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false
statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract.
18. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
19. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
Standard Construction Contract 2018 08 01 Page 7 of 13
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and
completed operations.
Standard Construction Contract 2018 08 01 Page 8 of 13
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
Standard Construction Contract 2018 08 01 Page 9 of 13
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Contractor harmless from and against any loss
for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the
property of the City, but Contractor may retain copies of such documents as records of the
services provided. The City may use the Information for its purposes and the Contractor also
may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to
defend and indemnify the other from any claims or liability resulting therefrom.
22. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
Standard Construction Contract 2018 08 01 Page 10 of 13
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Contract. The violation
of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original.
28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Contract or thereafter of any of
the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract supersedes all oral
Standard Construction Contract 2018 08 01 Page 11 of 13
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 Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
33. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration
for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
35. Rights and Remedies. The duties and obligations imposed by this Contract 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.
36. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
Standard Construction Contract 2018 08 01 Page 12 of 13
38. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Contract are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Contract which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in
performing any of the functions of the City during performance of this Contract is subject
to the requirements of the Data Practice Act and Contractor shall comply with those
requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Contract shall contain similar Data Practices Act compliance
language.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall
not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
Standard Construction Contract 2018 08 01 Page 13 of 13
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Scott Riley
Public Works/Streets Division
ITEM DESCRIPTION:
Award Contract for 2023 Spring and Fall
Street Sweeping to Pearson Brothers Inc.
ITEM NO.:
VIII.V.
Requested Action
Move to: Award contract for 2023 Spring/Fall Street Sweeping to Pearson Brothers Inc. in the
amount of $65,000.00.
Synopsis
Quotes were received Thursday, March 30, 2023, for the 2023 Spring/Fall Street Sweeping. Four
quotes were received as follows:
Pearson Brothers Inc $65,000.00
Mike McPhillips Inc. $66,500.00
Allied Blacktop Company $70,000.00
Reliakor Inc $75,000.00
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 24,
2023. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering the City’s wetlands, creeks and lakes. Spring
sweeping of the streets takes approximately 5-8 working days. Street sweeping will also take
place in the fall to remove leaf debris from the streets.
Financial Implications
Funding for the street sweeping is from the Storm Water Utility Fund.
Attachments
• Contract
CONSTRUCTION SHORT FORM CONTRACT
THIS AGREEMENT, made and executed 4th day of April 2023, by and between City of Eden Prairie,
hereinafter referred to as the "CITY", and Pearson Brothers LLC, hereinafter referred to as the
"CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
2023 Spring/Fall Street Sweeping
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required
quantities is estimated to be $65,000.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Proposal Form
b. Construction Short Form Contract
c. Instructions to Contractors, Specifications and Special Conditions
The Contract Documents are hereby incorporated with this Agreement and are as much a part
of this Agreement as if fully set forth herein. This Agreement and the Contract Documents
are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________
Its City Mayor
__________________________________ By_______________________________
Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________
Its __________________________
__________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Scott Riley
Public Works/Streets Division
ITEM DESCRIPTION:
Award Contract for 2023 Street Striping to Sir
Lines-A-Lot LLC
ITEM NO.
VIII.W.
Requested Action
Move to: Award contract for 2023 Striping to Sir Lines-A-Lot LLC in the amount of
$157,995.00.
Synopsis
Quotes were received Thursday, March 30, 2023, for the 2023 Striping project. Two quotes were
received and are tabulated as follows:
Sir Lines-A-Lot LLC $157,995.00
Warning Lites $262,036.00
Background Information
Street striping is an annual street maintenance project. The budget for 2023 is $100,000 under
budget #1714-6337. The difference between the budgeted amount for striping and the actual
quoted cost will be paid for through Pavement Management Funds. Staff recommends award to
Sir Lines-A-Lot LLC.
Attachment
Contract
CONSTRUCTION SHORT FORM CONTRACT
THIS AGREEMENT, made and executed this 4th day of April 2023, by and between City of Eden
Prairie, hereinafter referred to as the "CITY", and Sir Lines-A-Lot LLC, hereinafter referred to as
the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
2023 Street Striping Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S
proposal on file in the office of the City Engineer. The aggregate sum of such prices, based
on estimated required quantities is estimated to be $157,995.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Proposal Form
b. Construction Short Form Contract
c. Specifications and Special Conditions
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________
Its City Mayor
__________________________________ By_______________________________
Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________
Its __________________________
__________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 4, 2023
DEPARTMENT/DIVISION:
Scott Riley
Public Works/Streets Division
ITEM DESCRIPTION:
Award Contract for 2023 Crack Seal Project to
Northwest Asphalt and Maintenance
ITEM NO.:
VIII.X.
Requested Action
Move to: Award contract for 2023 Crack Sealing Project to Northwest Asphalt and Maintenance
in the amount of $115,970.00.
Synopsis
Quotes were received Thursday, March 30, 2023, for the 2023 Crack Sealing project. Three
quotes were received and are tabulated as follows:
Northwest Asphalt and Maintenance $115,970.00
Fahrner Asphalt Sealers LLC $204,367.00
Allied Blacktop Company $258.335.00
Staff has reviewed the quotes and recommends awarding the contract to Northwest Asphalt and
Maintenance in the amount of $115,970.00.
Background Information
Street bituminous crack sealing is an annual street maintenance project. Crack sealing for
bituminous trails has also been included in the project. The street quantities include some of the
recent overlay areas.
The 2023 operating and maintenance budget for street crack sealing is $100,000 under budget
item 1707-6339. The trail and parking lots crack sealing portion of the project is funded through
the Parks Division under maintenance. The crack sealant material has been purchased by the
Streets Maintenance Division separately and this contract award is for the placement of the
sealant material.
Attachment
Contract
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 4th day of April 2023, by and between City of Eden
Prairie hereinafter referred to as the "CITY", and Northwest Asphalt and Maintenance, hereinafter
referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
2023 Crackseal Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S
proposal on file in the office of the City Engineer. The aggregate sum of such prices, based
on estimated required quantities is estimated to be $115,970.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Proposal Form
b. Construction Short Form Agreement
(2) Special Conditions
(3) Map
(4) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________
Its City Mayor
__________________________________ By_______________________________
Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________
Its __________________________
__________________________________ _______________________________
Its __________________________
1
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
04/04/2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Ben Schneider
ITEM DESCRIPTION:
Holiday Inn Express Pool
Addition
ITEM NO.:
IX.A
Requested Action
Move to:
• Close the Public Hearing; and
• Direct Staff to prepare a development agreement incorporating Staff and Commission
recommendations and Council conditions
Synopsis
The hotel at 7740 Flying Cloud Drive, which was most recently a Comfort Inn, is being rebranded to a
Holiday Inn Express. As a part of this rebranding, the building owners are planning to add a pool on the
first level. The applicant is therefore requesting a Site Plan Amendment to construct an approximately 1,800
square foot building addition to accommodate this pool. Parking stalls are also being removed to comply
with parking setbacks, which are currently not code compliant in some areas due to right of way acquisition
for the Light Rail project. Overall, the plans meet City Code standards, and no waivers are being requested.
Background
SITE PLAN
The applicant is proposing to add an
approximately 1,800 square foot
building addition along the
northwest edge of the hotel on the
first level, within which a new pool
would be added. A patio area is also
proposed to the west of the addition,
as shown in the site plan to the right.
As a part of the Holiday Inn Express
rebranding, the owners are also
undergoing interior renovations and
reducing the number of guestrooms
from 119 to 99 in order to create
larger suites.
The LRT right of way acquisition
resulted in several parking stalls
encroaching on the required parking
setback along the southern lot line. The applicant is proposing to remove these stalls to bring the property
back into compliance with this setback. Additional stalls would also be removed on the north side of the
Location of
addition and
new patio
Two parking islands to
be expanded/landscaped
Parking stalls near
LRT to be removed
2
site to accommodate the building addition. Due to the reduction of rooms, the site will still meet City Code
parking requirements after the parking stalls are removed.
LANDSCAPING
The building addition requires an additional six caliper inches to be planted on site. The landscape plan
exceeds this requirement with a total of 14.75 caliper inches of new plantings. This includes three deciduous
trees, three understory trees, and shrubs/perennials. The new plantings will be installed near the main
entrance, around a new infiltration basin to the east of the addition, and on two parking islands that are
being expanded to meet current City Code size requirements (shown on the site plan on the previous page).
ARCHITECTURE
The applicant is
proposing to use an
architectural precast
concrete that will
incorporate thin brick.
Using thin brick in this
manner is a permitted
Class I material in City
Code. As shown in the
rendering, the brick is
planned to match the
brick on the existing
building.
Attachments
1. Planning Commission Staff Report
2. Unapproved Planning Commission Minutes
3. Location Map
Proposed Addition
STAFF REPORT
TO: Planning Commission
FROM: Ben Schneider, Planner I
DATE: March 13, 2023
SUBJECT: Holiday Inn Express Pool Addition
LOCATION: 7740 Flying Cloud Drive
REQUEST: • Site Plan Review on 2.99 acres
BACKGROUND
The hotel at 7740 Flying Cloud Drive, which was most recently a Comfort Inn, is being rebranded
to a Holiday Inn Express. As a part of this rebranding, the building owners are planning to add a
pool on the first level. The applicant is therefore requesting a Site Plan Amendment to construct
an approximately 1,800 square foot building addition to accommodate this pool. A new patio is
also proposed adjacent to the pool addition. Overall, the plans are code compliant and no waivers
are requested.
This hotel building was initially constructed in 1985 as a Hampton Inn. The site is approximately
three acres and is located at the intersection of Flying Cloud Drive and Viking Drive. The parcel
also has frontage on Highway 212 to the north, although there is a grade change of roughly 30 feet
between the site and the highway. This property is also adjacent to the future LRT line, which will
run along Flying Cloud Drive to the south of the site. As a part of the LRT project, approximately
0.2 acres were acquired by the Met Council along the south edge of the property.
Proposed
Addition
Location
2
ZONING AND GUIDE PLAN
The property is currently zoned Commercial Regional Service (C-REG-SER), and the 2040
Comprehensive Plan guides the property as Regional Commercial. There are no proposed zoning
or comprehensive plan changes.
SITE PLAN
The applicant is proposing to add an approximately 1,800 square foot building addition along the
northwest edge of the hotel on the first level, which is where the new pool would be added. A patio
area is also proposed to the west of the addition, as shown in the site plan below. As a part of the
Holiday Inn Express rebranding, the owners are also undergoing interior renovations and reducing
the number of guestrooms from 119 to 99 in order to create larger suites.
The LRT right of way acquisition resulted in several parking stalls encroaching on the required
parking setback along the southern lot line. The applicant is proposing to remove these stalls to
bring the property back into compliance with this setback. Additional stalls would also be removed
Parking stalls near
LRT to be removed
Location of addition
and new patio
Two parking islands to
be expanded/landscaped
3
on the north side of the site to accommodate the building addition. In total, the plans show 40
parking stalls being removed from the original 155 parking stalls. City Code requires hotels to
have one parking stall for every room and one stall for each employee. According to the applicant’s
narrative, the hotel has up to 10 employees, which means the required parking count is 109 stalls.
With 115 parking stalls shown after the removals, the site would remain compliant with City Code
parking requirements.
LANDSCAPING
The building addition requires an additional six caliper inches to be planted on site. The landscape
plan exceeds this requirement with a total of 14.75 caliper inches of new plantings. This includes
three deciduous trees, three understory trees, and shrubs/perennials. The new plantings will be
installed near the main entrance, around a new infiltration basin to the east of the addition, and on
two parking islands that are being expanded to meet current City Code size requirements (shown
on the site plan on the previous page).
ARCHITECTURE
The applicant is proposing to use
an architectural precast concrete
that will incorporate thin brick. The
plans indicate that the brick will
“match the brick on the existing
building”. The brick for the
existing hotel is a mix of tan, light
and dark brown brick. Using thin
brick in this manner is a permitted Class I material in City Code, which makes the exterior on the
proposed addition code compliant. Note that the predominant material shown in the elevation
above represents the existing and proposed brick.
Holiday Inn Express also utilizes blue lighting to
‘wash’ some of the vertical elements of the
building.
SIGNAGE
The applicant is proposing new signage for the
Holiday Inn Express rebranding. All new signs will
be required to go through the sign permit process to
confirm that the signage will be code compliant.
STORMWATER MANAGEMENT
The applicant will be installing an infiltration basin
system to the east of the new pool addition to mitigate run-off.
Existing west façade
with new signage Proposed
addition
4
STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Site Plan Review on 2.99 acres
This recommendation is based on architectural plans dated 2/21/23, site plans dated 2/20/23, and
the staff report dated March 13, 2023, and the following conditions:
1. Prior to the City Council first reading, the applicant shall:
a. Submit a 3D rendering of the addition to illustrate the addition and the existing
building.
2. Prior to land alteration permit issuance, the applicant shall:
a. Submit detailed storm water runoff, wetland, utility, and erosion control plans for
review and approval by the City Engineer.
b. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the
cost of the required landscaping.
c. Obtain and provide documentation of Watershed District approval.
d. Notify the City and Watershed District 48 hours in advance of grading.
e. Install erosion control at the grading limits of the property for review and
approval by the City.
ATTACHMENTS
Narrative dated 2/21/23
Exterior Elevation 2/21/23
Exterior Elevation colored
Overall elevations 1/10/23
Arch. Site Plan 2/221/23
Civil Site Plan 2/20/23
Landscape Plan 2/20/23
Grading and Erosion Control 2/20/23
DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctness
of the information contained in this map. It is your responsibility to verify the accuracy
of this information. In no event will The City of Eden Prairie be liable for any damages,
including loss of business, lost profits, business interruption, loss of business information
or other pecuniary loss that might arise from the use of this map or the information it
contains. Map information is believed to be accurate but accuracy is not guaranteed.
Any errors or omissions should be reported to The City of Eden Prairie.
*Any aerial photography and parcel geometry was obtained from Hennepin County and all
users are bound by the express written contract between Hennepin County and the City
of Eden Prairie.
Scale:1:4,489 ²0 210 420
ft
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 13, 2023 7:00 PM—CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed
Farr, Rachel Markos, Carole Mette, William
Gooding, Robert Taylor, Dan Grote
CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City
Engineer; Matt Bourne, Parks & Natural Resources
Manager; Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were commission members Mette, Taylor, and Gooding.
III. APPROVAL OF AGENDA
MOTION: Markos moved, seconded by Grote to approve the agenda. MOTION
CARRIED 6-0.
IV. MINUTES
MOTION: Kirk moved, seconded by Farr to approve the minutes of February 13, 2022.
MOTION CARRIED 6-0.
V. PUBLIC HEARINGS
A. 6245 DUCK LAKE ROAD BUILDING MOVE (2022-20)
Request for:
• Building Move to relocate an existing detached garage from 17117 62nd
Street West to 6245 Duck Lake Road
Josh Hohn, Eden Prairie resident for 14 years, presented a PowerPoint and
detailed the application. He had previously appeared before the commission in
2021. The purchase of the next door property allowed him to expand his property,
and move the building 75 feet so that it would comply with the current setback
PLANNING COMMISSION MINUTES
March 13, 2023
Page 2
requirements and be closer to the house. The building was structurally sound for
the move. The remaining space would allow for two complete low-density lots in
the future, and also for a one-stall garage. He stated he had had the property
professionally surveyed to comply with grading, draining, and easement
requirements as well. Owen commended staff’s efforts to work with him.
Barnhart presented the staff report. At the time of the previous review in 2021
four criteria had been outlined: structural integrity of the building, building use,
consistency with the zoning ordinance and that the development remain in
keeping with the character of the neighborhood. The application complied with all
of these. A single-stall garage would be built on the existing lot. Staff
recommended approval subject to the conditions outlined.
MOTION: Sherwood moved, seconded by Kirk to close the public hearing.
Motion carried 6-0.
Farr stated he recalled the previous application and supported this move.
MOTION: Farr moved, seconded by Grote to approve the request to relocate the
existing detached garage from 17117 62nd Street West to 6245 Duck Lake Road
as represented in the March 13, 2023 staff report. Motion carried 6-0.
HOLIDAY INN EXPRESS (2022-16)
Request for:
• Site Plan Review on 2.99 acres
Michael Monn, of Michael Monn Architects and the architect working with
Holiday Inn, presented a PowerPoint and detailed the application. Most of the
work would be interior—rebranding, remodeling the lobby and guest rooms.
Also, there would be an 1,800-square foot single-story addition to the building,
for a new indoor pool. This addition would have an outdoor patio for guest use.
The application would be removing all parking along the south property line
(along Flying Cloud Drive and the light rail) within the setback for landscaping,
reducing the number of parking stalls. Also, the number of guest rooms would be
reduced from 119 rooms to 99 suites. The main entrance would stay where it was,
and the lobby would be remodeled.
The existing brown brick would remain, and the EIFS would be recolored to
match the Holiday Inn specs. The new addition will be clad in brick to match the
existing building. The idea is to have this seamlessly blend in. He displayed the
higher and lower parapets on the addition.
PLANNING COMMISSION MINUTES
March 13, 2023
Page 3
Barnhart presented the staff report. The building materials comply with the design
standards. .The site improvements, including the addition of parking islands
comply with city code. Staff recommended approval subject to the conditions
outlined in the report.
MOTION: Grote moved, seconded by Markos to close the public hearing.
Motion carried 6-0.
Markos stated she thought this a nice upgrade, and it was a bonus to encounter
parking reduced, which the commission often did not see. Farr concurred and
added his support. Kirk agreed, and Pieper concurred.
MOTION: Kirk moved, seconded by Markos to recommend approval for a Site
Plan Review on 2.99 acres as represented in the March 13, 2023 staff report and
on plans stamp-dated February 21, 2023. Motion carried 6-0.
CODE AMENDMENT FOR A MIXED USE ZONING DISTRICT
Barnhart stated the area around Eden Prairie Center and Fountain Place, along
with two more areas north and south was guided mixed use in the 2040
Comprehensive Plan
The mixed use district was developed to further the goals of the Comprehensive
Plan, including:
Flexibility for a differing but compatible uses, including attached multi-family
developments; cohesive, unified development character; and reinvestment and
economic vitality in the district.
This Code Amendment would retain existing rights and opportunities for
businesses and property owners. Rezoning would occur at the request of the
property owner. It is anticipated that development will occur in vertical (multiple
uses in a single building) or horizontal (multiple uses in separate buildings, on one
or more lots) configurations.
Differences from the existing Code were:
Addition of multi-family residential up to 75 units/acre; reduced parking for retail
and shopping centers; additional parking reduction if certain standards were met;
cohesive design within development; pedestrian mobility, bicycle parking
(codifying recent practice) in which bicycle parking would be half TOD and TC
requirements; and signage as part of a master plan.
Staff recommended approval as drafted.
Markos asked if the Eden Prairie Mall had additional needs considering their
request last autumn for a review period. Barnhard replied staff met with the
PLANNING COMMISSION MINUTES
March 13, 2023
Page 4
Chamber of Commerce in October, drafted the ordinance over the winter, and
then reached out to the Mall for comments and feedback earlier this spring. We
responded to verbal comments received.
Grote suggested incorporating EVs into this district. Barnhart replied there was no
specific requirement in this ordinance; should the City pursue this route, it would
likely come under a parking requirement.
MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion
carried 6-0.
Farr asked if the conformity to the City’s the design guidelines set a precedent
with this zoning district or if this was already consistent with other districts.
Barnhart replied the intention was neither to be more or less prescriptive than
other districts, and he believed the language had been copied from other sections
of the Code, but he offered to confirm than before the City Council meeting.
Farr asked Rue if these areas had sufficient utility and sewer support for extra
density in these areas. Rue replied this area was designed with a full build out and
they would be sufficient according to his department’s projections. Traffic could
require some improvements.
Farr asked if short-term visitor outdoor bicycle racks versus occupant interior
bicycle storage by a resident should be differentiated. Barnhart replied this was
possible, but most zoning district language used a broad language as a guide,
rather than specific prescriptions. Staff would examine item-level concerns on a
case-by-case basis but he could also take another look at the language.
Kirk commended the City, staff, and the Comprehensive Plan for examining these
issues and added he found this Ordinance change allowing for more flexibility to
be a positive one. Pieper asked if bars and restaurants fell under “permitted
commercial uses.” Barnhart replied they did; items three and four were listed in
other zoning districts, so the same language was specifically used to ensure
allowance and consistency between zoning language. Items three and four could
also offer food and no existing services were being changed or reduced.
MOTION: Farr moved, seconded by Kirk to recommend approval of the Code
Amendment to allow the creation of a mixed-use zoning district represented in the
March 13, 2023 staff report. Motion carried 6-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS
PLANNING COMMISSION MINUTES
March 13, 2023
Page 5
Pieper announced this was Markos last meeting and thanked her for her service.
Pieper also thanked Gooding (not present).
VI. ADJOURNMENT
MOTION: Grote moved, seconded by Markos to adjourn. Motion carried 6-0.
The meeting was adjourned at 7:39 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
4/4/2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Jeremy Barnhart
ITEM DESCRIPTION:
Code Amendment –Mixed Use
Zoning District
ITEM NO.:
IX.B.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 and Chapter
9 relating to a new Mixed Use Zoning District
Synopsis
The Comprehensive Plan, ASPIRE 2040, established a Mixed-Use land use category with the intent to
provide for a mix of differing but compatible land uses that, due to their location, would not qualify for
Transit Oriented (TOD) or Town Center (TC) zoning.
A new zoning district, Mixed Use, is created to provide an opportunity for businesses and property
owners to reinvest in their property while retaining many of the same rights and opportunities in the
existing zoning districts. No new non-conformities would be created.
The Ordinance allows for high density residential, in addition to the same uses allowed in commercial
districts. Because of the likely sharing of uses, the Mixed-Use district proposes a reduction in parking
for retail and shopping center uses, freeing up unused parking areas for redevelopment and reflecting
shared parking opportunities. Other changes from the existing regulations include a requirement for a
master sign plan, ‘cohesive’ development, in the form of thoughtful application of design elements
between structures, and codifying practice of requirements for pedestrian mobility and bicycle parking.
Mixed use development is envisioned in horizontal (two or more uses in one or more lots, or vertical
(two or more uses in a single building) configurations. A goal of mixed-use developments is a cohesive
design, where some thought is made toward the application of design elements of a project.
This action would only establish the zoning regulations for the Mixed-Use district in the zoning
ordinance. Any rezoning of property would be a separate action and would be expected to be initiated
by the property owner.
Background
The concept of the district regulations were presented to the Chamber of Commerce in October 2022.
In February, a draft was shared with the ownership/management of Eden Prairie Center. Verbal
comments were received and considered as the draft regulations were prepared.
A summary of each of the sections of the proposed code can be found in the attached Staff Report to
the Planning Commission.
Planning Commission Recommendation
At its meeting on March 13th, the Planning Commission voted 6-0 to recommend approval of the
ordinance relating to the Mixed-Use Zoning District. Commissioners confirmed that the design
standards were consistent with other commercial zoning districts and that the infrastructure in place
could support additional development. Commissioners also questioned requirements for EV parking
and bicycle parking.
Attachments
1. Ordinance
2. Staff Report to Planning Commission
3. Unapproved Planning Commission Minutes, March 13, 2023
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ____-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE
CHAPTER 11 BY ADDING SECTION 11.24 RELATING TO THE CREATION OF A MIXED
USE ZONING DISTRICT AND MAKING RELATED AMENDMENTS TO SECTIONS 11.02,
11.03, AND 11.70; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 TO ADD
REFERENCES TO NEW ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTIONS 9.99 AND 11.99 WHICH AMONG OTHER THINGS
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, is hereby amended by adding a new Section 11.24 Mixed Use by
inserting the following new text:
SECTION 11.24 MIXED USE DISTRICT
Subd. 1. Intent and Purpose. The intent of the Mixed Use (MU) Zoning District is to promote the
reinvestment in and economic vitality of the major shopping center and surrounding areas by
providing a mix of differing but compatible land uses in select areas of the community not eligible for
the Transit Oriented Development (TOD) or Town Center (TC) zoning districts. The purposes of the
MU zoning district are to:
A. Provide a site at an appropriate location for a major shopping center which serves a wider region
than the City itself consistent with the intent of the Comprehensive Plan.
B. Provide concentrated opportunities for multi-family residential buildings, retail stores, offices,
service establishments, and amusement establishments for the convenience of the public and in
mutually beneficial relationship to each other;
C. Ensure development occurs in accordance with high standards of cohesive site planning,
architecture, and landscape design.
D. Maximize connections between various land uses, including promoting mobility for pedestrians
and bicycles.
E. Provide adequate space to meet the needs of modern commercial development, including off-
street and bicycle parking and truck loading areas;
F. Provide opportunities for attached family living at a reasonable density consistent with sound
standards of public health and safety.
Subd 2. Design Guidelines. All new development, redevelopment, and subdivisions within the MU
zoning district must comply with the architectural standards established in Section 11.03.
Subd. 3. Use Classifications and Permitted Uses. The MU zoning district is intended to provide for
a mix of use classifications. More than one use classification must be included within a development
project area in the MU zoning district. The mix of uses may be found vertically (two uses within
single building), or horizontally (two or more uses in separate buildings on the same or adjacent lots).
The following use classifications are permitted in the MU zoning district. Within each use
classification, permitted uses are listed below:
A. Commercial Permitted Uses
1. Direct retail sales to users of goods and services conducted within structures and accessory uses.
2. Day care facility
3. Small brewer with brewer taproom
4. Microdistillery with cocktail room
B. Office Permitted Uses
1. Business and professional offices
2. Medical and dental clinics
C. Residential Permitted Uses
1. Multiple family attached dwellings Offices for the sole purpose of leasing on-site residential units
are not considered an office use for the purpose of determining if a project is mixed use.
D. Public Infrastructure Permitted Uses
1. Antennas and towers, in those locations and subject to the limitations contained in Section 11.06.
Antennas and towers may not be a principal use.
2. Public infrastructure
Subd. 4. Required Conditions
A. An application to rezone property to MU will be considered only based on the Comprehensive
Guide Plan for the entire area to be rezoned and specific plans for structures and site development
or redevelopment.
B. Proposals for development or redevelopment in the MU zoning district will be reviewed by the
City as part of the Site Plan and Architectural Design Review processes outlined in Section 11.03
or as part of the PUD review process as provided in Section 11.40.
C. To be considered a mixed-use project permitted in the MU district, the project must incorporate
two or more use classifications, i.e., residential, commercial, or office. Proposals for development or
redevelopment proposals in the MU zoning district must establish a cohesive site design through the
use of complementary elements including but not limited to building materials, architectural style,
landscaping, lighting fixtures, and signage. Proposals may include the incorporation of elements
found in nearby mixed-use projects as a means of establishing a cohesive design.
E. Acceptable, approved sanitary sewer, and water services must be provided to all occupied
structures.
F. Any provision contained in this section that is inconsistent with or in conflict with any other
provision of the City Code will supersede such other provisions.
Subd. 5. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the MU district, unless otherwise noted:
Standard MU
Lot Size 10,000 sq ft
Lot Width 80 ft. min.
Lot Depth 100 ft. min.
Front Yard Setback 25 ft
Side Yard Setback 20 ft
Rear Yard Setback 10 ft
Maximum Building
Height 60 ft
Street Façade Building
Stepback
8 ft min.
(above 4
floors)
Usable Outdoor Open
Space
5% of lot area
min.
Usable Open Space
Park
Dedication
plus 150 sq ft /
residential unit
Residential Density 40-75 Units/
acre
Maximum Floor Area
Ratio
0.5-1 Story
1.0-Multi story
2.0 Multi-story
with
Residential
Maximum Base Area
Ratio 0.5
B. The following minimum standards apply for all accessory structures in the MU district.
Standard MU
Maximum Height 40 feet
Min. Distance to Side
lot line 20 feet
Min. Distance to Rear
Lot Line 10 feet
Subd. 6. Vehicular and Pedestrian Safety Standards. Development in the MU district will include
vehicular and pedestrian transportation systems serving the development. Development or
redevelopment proposals in the MU district must include design elements that prioritize safe and
efficient vehicular and pedestrian mobility. Development or redevelopment proposals must
incorporate site design that will accomplish the following:
A. Minimize vehicular interaction with pedestrians and bicycles and where necessary as determined
by the City, highlight this interaction through color, materials, and texture.
B. Promote pedestrian visibility throughout the site.
C. Drive thrus are permitted only in compliance with the following standards:
1. Drive-thru stacking lanes must be screened as required by Section 11.03.
2. The site must accommodate adequate on-site vehicle queuing. Overflow stacking may not occur
on public or private roads.
Subd. 7. Off-Street Parking Standards. Because the sharing of trips generated within a
development is a primary facet of mixed-use development, it is expected that access drives, parking,
and internal circulation for sites in the MU district will be shared between uses on site and with
adjacent sites. This shared access supports the lowering of parking requirements, reduction of parking
lot setbacks, and coordination of site accesses. The following minimum parking standards apply to
all properties in the MU district:
Use # of spaces (min)
Multiple-Family
Residential
2 per dwelling unit (d.u.); 1 per
studio or efficiency unit
Half of all spaces must be enclosed
Independent Senior
Living
1.5 per d.u.
Half of all spaces must be enclosed
Nursing
Home/Assisted
Senior Living
1/4 beds at design capacity, plus 1
space for each employee on largest
shift. Half of all spaces must be
enclosed
Retail Stores &
Services
4.5/1,000 sq. ft. of gross leasable
area (G.L.A.)
Shopping Center
(retail areas greater
than 200,000 sq ft)
4.25/ 1000 sq ft of G.L.A
Restaurant, Type 1
Restaurant, Type 2
Restaurant, Type 3
1 / 2.5 seats based on capacity
1 / 3 seats based on capacity
1 / 2 seats based on capacity
Office 3/1,000 sq. ft. G.F.A.
Hotel 1/guest room + 1/employee
Other Uses Refer to parking requirements in
Section 11.03 or as designated by
the City Manager.
A. Location. Off-street parking facilities must be on the same parcel of land as the structure they
are intended to serve, except where a shared parking or cross access easement agreement exists.
B. Reduction. The on-site, off-street parking requirements for a project may be reduced up to 20% if
the following standards can be met:
1. Parking spaces will be shared between two complimentary uses, subject to the following:
a. The applicant must demonstrate that, because of the hours, size, and operation of the respective
and future uses, there is no substantial conflict in the peak parking demands of the uses for
which shared use of off-street parking facilities is proposed, and there will be an adequate amount
of parking available to meet the needs for each use.
b. A shared parking plan must be submitted that includes specific analysis on the peaking
characteristics of the various and future uses that will share parking.
c. Prior to the earlier of the City’s issuance of a building permit for the project or release of a final
plat for the project, whichever occurs first, a shared parking, cross access easement, or similar
agreement documenting the shared parking arrangement must be approved by the City Planner and
filed against both properties with the County Recorder and/or Registrar of Titles’ office, as
appropriate. The City shall be party to the agreement and no changes shall be made to the agreement
unless all parties agree.
C. Surface Parking Lot Setbacks. The following setbacks apply for surface parking lots in the MU
district:
1. Front Yard: A surface parking lot may not occupy the required front yard. On a corner lot, a
surface parking lot may not occupy more than one-half (½) of the required front yard closest to the
street.
2. Side yard: 10 feet.
3. Rear Yard 10 feet.
4. If two adjoining sites share parking, setbacks for common side and rear yards may be reduced to
zero.
D. Parking Structures. Parking structure façades must architecturally complement the building(s) the
parking structure serves through the use of exterior materials, architectural elements, or color. Parking
structures must include architectural elements that enhance the structure and break up its mass.
Examples of specific architectural elements that assist in meeting this requirement include decorative
piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork,
ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant
signs on the side of parking ramps. Parking structures must be appropriately screened as required in
Section 11.03.
Subd. 8. Pedestrian and Off-Street Bicycle Facility Standards.
A. Public sidewalks and/or trails must be constructed in conformance with the Comprehensive Guide
Plan or the City Pedestrian and Bicycle Plan. Design must conform to the requirements of the City
Engineer and the City Parks and Recreation Director.
B. An off-street sidewalk or multi-use trail must be provided that connects the front door of any
primary building to adjacent public sidewalks, trails, or other pedestrian areas that are either existing
or contemplated in an approved City trail plan or the City’s Capital Improvement Plan.
C. Bicycle Parking. A proposal for development or redevelopment in the MU district must
incorporate the following Pedestrian and Off-Street Bicycle facilities:
1. Off-street bicycle parking must be provided at the following ratios for each use classification in a
project:
a. Office - minimum of 5 spaces, plus 1 space per 15,000 square feet of gross floor area.
b. Commercial –Commercial spaces with gross floor area less than 100,000 sq ft, 1 space per 10,000
square feet of gross floor area. Commercial spaces greater than 100,001 sq ft in gross floor area, 1
space per 20,000 sq ft.
c. Residential - 1 space per 5 dwelling units.
2. Required bicycle parking must be located within 50 feet of the primary building entrance(s)
except as approved through a shared bicycle plan. Bicycle parking may not obstruct sidewalks when
in use.
3. Bicycle racks must be securely anchored to the ground and on a hard surface. Up to 25 percent of
required bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking
must be included within the Site Plan.
4. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent
of the required bicycle spaces must be covered. Coverage may be provided under roof overhangs or
awnings, in bicycle lockers, in an indoor room, within adjacent parking structures, or within
underground parking structures.
5. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide
bicycle parking for more than one structure or use upon the City’s approval of a shared parking plan
and agreement.
6. Proof of Bicycle Parking. If the applicant demonstrates to the City’s satisfaction that the required
bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be
constructed prior to the issuance of the initial certificate of occupancy for the building being served.
Any spaces not constructed, as shown on the site plan, must be constructed when determined
necessary by the City Planner. If outdoors, the area of future parking must be landscaped, which
landscaping may not be used to satisfy minimum landscaping requirements. The City Planner will
notify the property owner in writing of the need to construct the additional proof of bicycle parking
spaces. No more than 50 percent of the required bicycle parking stalls may be placed in proof of
bicycle parking.
D. Exterior pedestrian furniture must be provided in appropriate locations at a minimum rate of one
seat for every ten thousand (10,000) square feet of gross floor area.
Subd. 9 Signage.
A. Signage in the form of free standing and incidental signs, wall lighting, or other features can be a
compelling proponent in the development of a cohesive mixed use project. Signage proposed for any
development or redevelopment in the MU zoning district must be included in a Sign Master Plan.
Signage must comply with standards outlined in Section 11.70.
B. The Sign Master Plan must identify location, size, design, lighting, and other pertinent features of
the unified signage proposed for the site. The City Planner will determine the level of review
required for the Sign Master Plan in accordance with the Site Plan and Architectural Design
Review process outlined in Section 11.03.
Subd. 10 Supplemental Analyses or Studies.
A. Traffic. All proposed development or redevelopment projects, regardless of size, in the MU
district require documentation of the expected traffic impacts of the development. The appropriate
scope of the traffic analysis will be determined by the City Engineer based on several factors
including the size, type, and location of the development. The required analysis may range from a
trip generation memo including daily, a.m. peak, and p.m. peak traffic generation estimates to a
traffic impact study including but not limited to turning movement counts, roadway capacity
analysis, and infrastructure improvement recommendations.
B. Transportation Demand Management (TDM) for Office Uses. All development or
redevelopment proposals that include office uses will be reviewed by the Engineering Division for
applicable TDM requirements, which may include submittal of a TDM Plan or commitment of the
property owner or developer to implement chosen TDM strategies from a City-approved checklist.
TDM Plan requirements include measures to be implemented, a two-year budget, and an evaluation
plan. TDM strategies that must be considered in the TDM plan include, but are not limited to,
financial incentives for car poolers, van poolers, and bicyclists, subsidized transit passes,
preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and
lockers, and promotion of commuter programs. As a condition of approval of a TDM Plan, a TDM
cash escrow, letter of credit with a corporation approved by the City Manager, or other guarantee
acceptable to the City Manager equal to one hundred percent (100%) of the cost of implementing
the first two (2) years of the TDM Plan will be required. All new residential development or
redevelopment are encouraged to consider TDM strategies such as bikeshare and carshare
memberships, subsidized transit passes, and an information kiosk onsite.
C. Major Center Area. All applications for rezoning or development or redevelopment for
property located in the Major Center Area are subject to the standards and findings of the City’s
Major Center Area Plan.
D. Staff exemption. The City Engineer or City Planner are authorized to exempt or otherwise
reduce the requirement for supplemental analyses outlined in Items A-C above if they determine
that the scope of the proposed project will not increase traffic, trips, or parking demand in a
demonstrable way.
Section 2. City Code Chapter 11, Section 11.02, Subd. 2. is amended by inserting alphabetically the
following new definitions
Gross Leasable Area means the total floor area within a building that may be rented to tenants
excluding common areas and space devoted to the heating and cooling of the building and other
utility areas.
Use Classification means a group of similar uses that are associated with each other to such an extent
that they perform a specific land use function.
Section 3. City Code Chapter 11, Section 11.03, Subd. 1.A (Table) is amended by inserting the following
new row after the “Transit Oriented Development District” row:
Mixed Use District MU
Section 4. City Code Chapter 11, Section 11.03, Subd. 2.A.14 is amended in the first line by adding the
words “and MU” after the word “C-HWY”.
Section 5. City Code Chapter 11, Section 11.03, Subd. 3.H.4 is amended by adding the following
sentence after the last sentence of item 4: “Specific parking requirements for the Mixed Use Zoning
District can be found in Section 11.24 of Chapter 11.”
Section 6. City Code Chapter 11, Section 11.03, Subd. 3.I.2(c) is amended by adding “MU,” before the
words “TOD-MU”.
Section 7. City Code Chapter 11, Section 11.03, Subd. 3.K.3(a) is amended by adding “MU,” after the
words “TC-MU”.
Section 8. City Code Chapter 11, Section 11.03, Subd. 3.M is amended by adding the word “MU,” after
the word “GC”.
Section 9. City Code Chapter 11, Section 11.70, Subd. 5.B is amended in the first line by adding “, and
MU” after the word “C-Reg”.
Section 10. City Code Chapter 9, Section 9.01, Subd. 5 is amended by adding the phrase “TOD, and
MU” after every instance of “TC” in the subdivision.
Section 11. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation” and Sections 9.99 and 11.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 12. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the ____th day of
April, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council
of said City on the _____ day of _______________, 2023.
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Current on the ____ day of ______________, 2023.
STAFF REPORT
TO: Planning Commission
FROM: Jeremy Barnhart, City Planner
DATE: March 13, 2023
SUBJECT: Code Change – City Code Chapter 11, creating a Mixed Use zoning district
BACKGROUND
The Comprehensive Plan, ASPIRE 2040, established a Mixed Use land use category with the intent
to provide for a mix of differing but compatible land uses that, due to their location, would not
qualify for Transit Oriented (TOD) or Town Center (TC) zoning. ASPIRE 2040 identified three
areas of the city for this potential zoning district, pictured below. They include primarily Eden
Prairie Center and surrounding commercial properties, Flying Cloud Commons (Chick Fil A, Bank
of America, Future Grocery) and Fountain Place (Michaels, Home Goods etc.). The third area
identified by ASPIRE 2040 included parcels at Venture Lane and Martin Drive. With a greater
understanding of market conditions and land uses in the area, staff will be reevaluating the potential
of re-guiding the Venture Lane and Martin Drive parcels from Mixed Use to another appropriate
land use category in the future.
OBJECTIVES
The Mixed-Use Zoning ordinance is intended to provide an additional avenue for redevelopment or
reinvestment in the property without loss of existing rights and opportunities provided by existing
code, while adding in the flexibility of developing multi-family residential uses. Much of the Intent
and Purpose listed in the draft echoes those statements in the Commercial-Regional-Service (C-Reg-
Staff Report –
March 13, 2023
Page 2
2
Ser) and Regional Commercial (C-Reg) zoning districts, which represents much of the existing
zoning of the areas guided Mixed Use in Aspire 2040.
Development of mixed-use projects is expected to be in the form of vertical (where two or more use
classifications are in one building), or horizontal, (two or more use classifications in two or more
buildings, in one or more lots). Because some parcels are smaller, making horizontal mixed use
unlikely, provisions were made for these lots, permitting the ‘combination’ of two or more separate
parcels into a cohesive development, regardless of the timing of construction.
PROPOSED CODE CHANGES
As noted above, the proposed ordinance is patterned after the C-Reg-Ser and C-Reg zoning districts.
C-Reg-Ser is the current zoning of the parcels around the mall, including the Fountain Place area.
The Eden Prairie Center itself is zoned C-Reg. There are two parcels zoned office, north of the mall.
Following is a summary of the proposed ordinance, by subdivision.
Design Guidelines (Subdivision 2)
The proposed district adopts the same Architectural Standards found in other commercial, industrial,
and high-density residential districts. The one difference is the stated goal of a cohesive site design.
It is not expected that each development look the same as its’ neighbor but that there be thoughtful
application of design elements, including signage, lighting, building materials, or architectural style
in the development of multi-building mixed use projects.
The table below compares the proposed uses, which would be permitted in the Mixed-Use zoning
district with the Regional commercial districts, Office, and with the RM-2.5 zoning district, which is
the high density residential district.
Uses (Subd 3)
Standard Mixed Use
(proposed) C-REG C-REG-
SER RM-2.5 OFC
Commercial
Direct Retail Sales
and Services Yes Yes Yes No Limited
Day Care Facilities Yes Yes Yes No Yes
Small Brewer with
Taproom Yes Yes Yes No No
Micro-Distillery Yes Yes Yes No No
Gasoline/
convenience stores Yes Yes Yes No No
Office
Business and Yes Yes Yes No Yes
Staff Report –
March 13, 2023
Page 3
3
Professional Offices
Residential
Multiple Family
Attached Dwellings Yes N N Yes No
Public
Infrastructure
Antennas and Towers,
not at a principal use Yes Yes Yes Yes Yes
Public Infrastructure Yes Yes Yes Yes Yes
Building Bulk and Dimension Standards (Subd 5)
The proposed ordinance was developed to avoid creating additional non-conformities. This will not
eliminate the need for waivers in the future, though reasonable projects can be built without them.
Standard Mixed Use
(Proposed) C-REG C-REG-
SER RM-2.5 OFC
Lot Size 10,000 sq ft 50 acres 10,000 25,000 20,000
Lot Width 80 ft. min. 80 150 100
Lot Depth 100 ft. min. 100 150 100
Front Yard Setback 25 (ft) 80 35 35 35
Side Yard Setback 20 (ft) 80/ 160 20 25 20/50
Rear Yard Setback 10 (ft) 60 10 30 20
Maximum Building
Height 60 (ft) 40 40 45 30
Street Façade Building
Stepback
8 ft min.
(above 4 floors)
Usable Outdoor Open
Space 5% of lot area min. Not listed Not listed Not
specified Not listed
Usable Open Space
Park Dedication plus
150 sq ft / residential
unit
Not listed Not listed
Park Ded.
Plus 150 Sq
ft/ unit
Not listed
Residential Density 40-75 Units/ acre Not Permitted Not
Permitted Varies Not
Permitted
Maximum FAR
0.5 1 Story
1.0 Multi story
2.0 Multi story with
Res
0.2 1 Story
0.4 Multi story
0.2 1 Story
0.4 Multi
story
N/A
0.3 1
story
0.5 Multi
story
Performance Standards (Subd 6)
Recognizing the area is dominated with highway characteristics and uses, the Performance Standards
adopts the same standards found elsewhere for drive-thrus, though the ordinance articulates the
Staff Report –
March 13, 2023
Page 4
4
City’s expectation that sites should be designed to promote safe pedestrian travel within a site.
These features have been negotiated as part of redevelopment in the past.
Parking (Subd 7)
The parking standards reflect the expectation that parking will be shared between uses in a mixed
use development, in particular those parking requirements for retail stores/services and Shopping
Center. Reflecting this sharing of spaces, the parking ratio for these uses is reduced from what is
prescribed for the balance of the city. Additionally, if a property owner can demonstrate there is
adequate parking for business need, there are no competing peak demands and that there is a shared
parking agreement between the properties (if on separate parcels), the city can reduce the parking
requirement up to an additional 20% without waivers. The ordinance also reduces to zero the
parking setbacks for side and rear yards where there is a shared parking lot situation. Landscaping
standards still apply.
Pedestrian and Bicycle Facilities (Subd 8)
The Mixed Use ordinance introduces high density residential to areas dominated by commercial
uses. Given the dynamic expectations of the area, it is appropriate to accommodate and support
alternative means of transportation. Though long encouraged in commercial areas, the Mixed Use
district requires pedestrian (benches, other street furniture) and bicycle parking facilities, though at a
rate ½ of what is required in the Town Center and Transit Oriented Development zoning districts.
Signage (Subd 9)
As signage can be an important factor in establishing character of commercial districts, the Mixed
Use ordinance requires a sign master plan at the time of development/redevelopment. Though final
text and users are not expected to be established or identified at this stage, the size, location,
materials, and lighting would be. Signage standards for the Mixed Use Zoning District are the same
as what is permitted in the Commercial districts.
Supplemental analysis or study (Subd 10)
The areas intended for mixed use are largely built out. It is important to understand the impact
additional high intensity residential, or substantial redevelopment would have on the area. This
section informs the developer that additional study may be necessary, including traffic and parking.
Additionally, for office projects, the City will expect some study of the traffic demand, an
understanding of how the office users’ trips may be distributed over a variety of transportation
methods. The requirements of these studies can be found in other zoning districts and are not unique
to the Mixed Use Zoning District.
Application
The request before the Commission is to review and take action on the proposed Mixed Use
regulations only. This request does not include rezoning of parcels that are guided for Mixed Use. A
Staff Report –
March 13, 2023
Page 5
5
rezoning action will be initiated by a property owner as part of a proposal to redevelop their
property.
Public Outreach
The Mixed Use Zoning District was shared conceptually with the Chamber of Commerce on October
6th, 2022. A draft of the ordinance was shared with Nancy Litwin, General Manager of Eden Prairie
Center prior to publication, which was then shared with Mall Ownership. To date, staff has received
verbal comments from Ms. Litwin and Mall Ownership.
STAFF RECOMMENDATION
Staff recommends approval of the ordinance establishing a Mixed Use Zoning District as drafted.
1 DRAFT March 13, 2023
MIXED USE DISTRICT 1
Subd. 1. Intent and Purpose. The intent of the Mixed Use (MU) Zoning District is to promote the 2
reinvestment in and economic vitality of the major shopping center and surrounding areas by providing 3
a mix of differing but compatible land uses in select areas of the community not eligible for the Transit 4
Oriented Development (TOD) or Town Center (TC) zoning districts. The purposes of the MU zoning 5
district are to: 6
A. Provide a site at an appropriate location for a major shopping center which serves a wider 7
region than the City itself consistent with the intent of the Comprehensive Plan. 8
B. Provide concentrated opportunities for multi-family residential buildings, retail stores, offices, 9
service establishments, and amusement establishments for the convenience of the public and in 10
mutually beneficial relationship to each other; 11
C. Ensure development occurs in accordance with high standards of cohesive site planning, 12
architecture, and landscape design. 13
D. Maximize connections between various land uses, including promoting mobility for pedestrians 14
and bicycles. 15
E. Provide adequate space to meet the needs of modern commercial development, including off-16
street and bicycle parking and truck loading areas; 17
F. Provide opportunities for attached family living at a reasonable density consistent with sound 18
standards of public health and safety. 19
Subd 2. Design Guidelines. All new development, redevelopment, and subdivisions within the MU 20
zoning district must comply with the architectural standards established in Section 11.03 and 21
conform to the City’s Design Guidelines. 22
Subd. 3. Use Classifications and Permitted Uses. The MU zoning district is intended to provide for a mix 23
of use classifications. More than one use classification must be included within a development project 24
area in the MU zoning district. The mix of uses may be found vertically (two uses within single building), 25
or horizontally (two or more uses in separate buildings on the same or adjacent lots). 26
The following use classifications are permitted in the MU zoning district. Within each use classification, 27
permitted uses are listed below: 28
A. Commercial Permitted Uses 29
1. Direct retail sales to users of goods and services conducted within structures and 30
accessory uses. 31
2. Day care facility 32
3. Small brewer with brewer taproom 33
2 DRAFT March 13, 2023
4. Microdistillery with cocktail room 34
B. Office Permitted Uses 35
1. Business and professional offices 36
2. Medical and dental clinics 37
C. Residential Permitted Uses 38
1. Multiple family attached dwellings Offices for the sole purpose of leasing on-site 39
residential units are not considered an office use for the purpose of determining if a 40
project is mixed use. 41
D. Public Infrastructure Permitted Uses 42
1. Antennas and towers, in those locations and subject to the limitations contained in 43
Section 11.06. Antennas and towers may not be a principal use. 44
2. Public infrastructure 45
Subd. 4. Required Conditions 46
A. An application to rezone property to MU will be considered only based on the Comprehensive 47
Guide Plan for the entire area to be rezoned and specific plans for structures and site 48
development or redevelopment. 49
B. Proposals for development or redevelopment in the MU zoning district will be reviewed by 50
the City as part of the Site Plan and Architectural Design Review processes outlined in Section 51
11.03 or as part of the PUD review process as provided in Section 11.40. 52
C. To be considered a mixed-use project permitted in the MU district, the project must incorporate 53
two or more use classifications, i.e., residential, commercial, or office. Proposals for 54
development or redevelopment proposals in the MU zoning district must establish a cohesive 55
site design through the use of complementary elements including but not limited to building 56
materials, architectural style, landscaping, lighting fixtures, and signage. Proposals may include 57
the incorporation of elements found in nearby mixed-use projects as a means of establishing a 58
cohesive design. 59
E. Acceptable, approved sanitary sewer, and water services must be provided to all occupied 60
structures. 61
F. Any provision contained in this section that is inconsistent with or in conflict with any other 62
provision of the City Code will supersede such other provisions. 63
64
3 DRAFT March 13, 2023
Subd. 5. Building Bulk and Dimension Standards. 65
A. The following minimum standards apply in the MU district, unless otherwise noted: 66
Standard MU
Lot Size 10,000 sq ft
Lot Width 80 ft. min.
Lot Depth 100 ft. min.
Front Yard Setback 25 ft
Side Yard Setback 20 ft
Rear Yard Setback 10 ft
Maximum Building Height 60 ft
Street Façade Building
Stepback
8 ft min.
(above 4 floors)
Usable Outdoor Open
Space 5% of lot area min.
Usable Open Space
Park Dedication
plus 150 sq ft /
residential unit
Residential Density 40-75 Units/ acre
Maximum Floor Area
Ratio
0.5-1 Story
1.0-Multi story
2.0 Multi-story
with Residential
Maximum Base Area Ratio 0.5
67
B. The following minimum standards apply for all accessory structures in the MU district. 68
Standard MU
Maximum Height 40 feet
4 DRAFT March 13, 2023
Min. Distance to Side lot
line 20 feet
Min. Distance to Rear Lot
Line 10 feet
69
Subd. 6. Vehicular and Pedestrian Safety Standards. Development in the MU district will include 70
vehicular and pedestrian transportation systems serving the development. Development or 71
redevelopment proposals in the MU district must include design elements that prioritize safe and 72
efficient vehicular and pedestrian mobility. Development or redevelopment proposals must incorporate 73
site design that will accomplish the following: 74
A. Minimize vehicular interaction with pedestrians and bicycles and where necessary as 75
determined by the City, highlight this interaction through color, materials, and texture. 76
B. Promote pedestrian visibility throughout the site. 77
C. Drive thrus are permitted only in compliance with the following standards: 78
1. Drive-thru stacking lanes must be screened as required by Section 11.03. 79
2. The site must accommodate adequate on-site vehicle queuing. Overflow stacking may 80
not occur on public or private roads. 81
Subd. 7. Off-Street Parking Standards. Because the sharing of trips generated within a development is a 82
primary facet of mixed-use development, it is expected that access drives, parking, and internal 83
circulation for sites in the MU district will be shared between uses on site and with adjacent sites. This 84
shared access supports the lowering of parking requirements, reduction of parking lot setbacks, and 85
coordination of site accesses. The following minimum parking standards apply to all properties in the 86
MU district: 87
Use # of spaces (min)
Multiple-Family
Residential
2 per dwelling unit (d.u.); 1 per studio
or efficiency unit
Half of all spaces must be enclosed
Independent Senior
Living
1.5 per d.u.
Half of all spaces must be enclosed
Nursing Home/Assisted
Senior Living
1/4 beds at design capacity, plus 1
space for each employee on largest
5 DRAFT March 13, 2023
shift. Half of all spaces must be
enclosed
Retail Stores & Services 4.5/1,000 sq. ft. of gross leasable area
(G.L.A.)
Shopping Center (retail
areas greater than
200,000 sq ft)
4.25/ 1000 sq ft of G.L.A
Restaurant, Type 1
Restaurant, Type 2
Restaurant, Type 3
1 / 2.5 seats based on capacity
1 / 3 seats based on capacity
1 / 2 seats based on capacity
Office 3/1,000 sq. ft. G.F.A.
Hotel 1/guest room + 1/employee
Other Uses Refer to parking requirements in
Section 11.03 or as designated by the
City Manager.
88
A. Location. Off-street parking facilities must be on the same parcel of land as the structure they 89
are intended to serve, except where a shared parking or cross access easement agreement 90
exists. 91
B. Reduction. The on-site, off-street parking requirements for a project may be reduced up to 20% 92
if the following standards can be met: 93
1. Parking spaces will be shared between two complimentary uses, subject to the 94
following: 95
a. The applicant must demonstrate that, because of the hours, size, and operation 96
of the respective and future uses, there is no substantial conflict in the 97
peak parking demands of the uses for which shared use of off-98
street parking facilities is proposed, and there will be an adequate amount 99
of parking available to meet the needs for each use. 100
b. A shared parking plan must be submitted that includes specific analysis on the 101
peaking characteristics of the various and future uses that will share parking. 102
c. Prior to the earlier of the City’s issuance of a building permit for the project or 103
release of a final plat for the project, whichever occurs first, a shared parking, 104
cross access easement, or similar agreement documenting the shared parking 105
6 DRAFT March 13, 2023
arrangement must be approved by the City Planner and filed against both 106
properties with the County Recorder and/or Registrar of Titles’ office, as 107
appropriate. 108
C. Surface Parking Lot Setbacks. The following setbacks apply for surface parking lots in the MU 109
district: 110
1. Front Yard: A surface parking lot may not occupy the required front yard. On a corner 111
lot, a surface parking lot may not occupy more than one-half (½) of the required front 112
yard closest to the street. 113
2. Side yard: 10 feet. 114
3. Rear Yard 10 feet. 115
4. If two adjoining sites share parking, setbacks for common side and rear yards may be 116
reduced to zero. 117
D. Parking Structures. Parking structure façades must architecturally complement the building(s) 118
the parking structure serves through the use of exterior materials, architectural elements, or 119
color. Parking structures must include architectural elements that enhance the structure and 120
break up its mass. Examples of specific architectural elements that assist in meeting this 121
requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall 122
plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade 123
treatment variations, and locating tenant signs on the side of parking ramps. Parking structures 124
must be appropriately screened as required in Section 11.03. 125
Subd. 8. Pedestrian and Off-Street Bicycle Facility Standards. 126
A. Public sidewalks and/or trails must be constructed in conformance with the Comprehensive 127
Guide Plan or the City Pedestrian and Bicycle Plan. Design must conform to the requirements of 128
the City Engineer and the City Parks and Recreation Director. 129
B. An off-street sidewalk or multi-use trail must be provided that connects the front door of any 130
primary building to adjacent public sidewalks, trails, or other pedestrian areas that are either 131
existing or contemplated in an approved City trail plan or the City’s Capital Improvement Plan. 132
C. Bicycle Parking. A proposal for development or redevelopment in the MU district must 133
incorporate the following Pedestrian and Off-Street Bicycle facilities: 134
1. Off-street bicycle parking must be provided at the following ratios for each use classification 135
in a project: 136
a. Office - minimum of 5 spaces, plus 1 space per 15,000 square feet of gross floor 137
area. 138
7 DRAFT March 13, 2023
b. Commercial –Commercial spaces with gross floor area less than 100,000 sq ft, 1 139
space per 10,000 square feet of gross floor area. Commercial spaces greater 140
than 100,001 sq ft in gross floor area, 1 space per 20,000 sq ft. 141
c. Residential - 1 space per 5 dwelling units. 142
2. Required bicycle parking must be located within 50 feet of the primary building 143
entrance(s) except as approved through a shared bicycle plan. Bicycle parking may not 144
obstruct sidewalks when in use. 145
3. Bicycle racks must be securely anchored to the ground and on a hard surface. Up to 25 146
percent of required bicycle parking may be temporary or seasonal, but all temporary or 147
seasonal bicycle parking must be included within the Site Plan. 148
4. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty 149
(50) percent of the required bicycle spaces must be covered. Coverage may be provided 150
under roof overhangs or awnings, in bicycle lockers, in an indoor room, within adjacent 151
parking structures, or within underground parking structures. 152
5. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively 153
provide bicycle parking for more than one structure or use upon the City’s approval of a 154
shared parking plan and agreement. 155
6. Proof of Bicycle Parking. If the applicant demonstrates to the City’s satisfaction that the 156
required bicycle parking is in excess of the actual demand, all of the required bicycle 157
parking need not be constructed prior to the issuance of the initial certificate of 158
occupancy for the building being served. Any spaces not constructed, as shown on the 159
site plan, must be constructed when determined necessary by the City Planner. If 160
outdoors, the area of future parking must be landscaped, which landscaping may not be 161
used to satisfy minimum landscaping requirements. The City Planner will notify the 162
property owner in writing of the need to construct the additional proof of bicycle 163
parking spaces. No more than 50 percent of the required bicycle parking stalls may be 164
placed in proof of bicycle parking. 165
D. Exterior pedestrian furniture must be provided in appropriate locations at a minimum rate of 166
one seat for every ten thousand (10,000) square feet of gross floor area. 167
Subd. 9 Signage. 168
A. Signage in the form of free standing and incidental signs, wall lighting, or other features can be a 169
compelling proponent in the development of a cohesive mixed use project. Signage proposed 170
for any development or redevelopment in the MU zoning district must be included in a Sign 171
Master Plan. Signage must comply with standards outlined in Section 11.70. 172
B. The Sign Master Plan must identify location, size, design, lighting, and other pertinent features 173
of the unified signage proposed for the site. The City Planner will determine the level of review 174
8 DRAFT March 13, 2023
required for the Sign Master Plan in accordance with the Site Plan and Architectural Design 175
Review process outlined in Section 11.03. 176
Subd. 10 Supplemental Analyses or Studies. 177
A. Traffic. All proposed development or redevelopment projects, regardless of size, in the MU 178
district require documentation of the expected traffic impacts of the development. The 179
appropriate scope of the traffic analysis will be determined by the City Engineer based on 180
several factors including the size, type, and location of the development. The required analysis 181
may range from a trip generation memo including daily, a.m. peak, and p.m. peak traffic 182
generation estimates to a traffic impact study including but not limited to turning movement 183
counts, roadway capacity analysis, and infrastructure improvement recommendations. 184
B. Transportation Demand Management (TDM) for Office Uses. All development or 185
redevelopment proposals that include office uses will be reviewed by the Engineering Division 186
for applicable TDM requirements, which may include submittal of a TDM Plan or commitment 187
of the property owner or developer to implement chosen TDM strategies from a City-188
approved checklist. TDM Plan requirements include measures to be implemented, a two-year 189
budget, and an evaluation plan. TDM strategies that must be considered in the TDM plan 190
include, but are not limited to, financial incentives for car poolers, van poolers, and bicyclists, 191
subsidized transit passes, preferential location of carpool/vanpool parking, bicycle racks and 192
storage, access to shower and lockers, and promotion of commuter programs. As a condition 193
of approval of a TDM Plan, a TDM cash escrow, letter of credit with a corporation approved by 194
the City Manager, or other guarantee acceptable to the City Manager equal to one hundred 195
percent (100%) of the cost of implementing the first two (2) years of the TDM Plan will be 196
required. All new residential development or redevelopment are encouraged to consider TDM 197
strategies such as bikeshare and carshare memberships, subsidized transit passes, and an 198
information kiosk onsite. 199
C. Major Center Area. All applications for rezoning or development or redevelopment for 200
property located in the Major Center Area are subject to the standards and findings of the 201
City’s Major Center Area Plan. 202
D. Staff exemption. The City Engineer or City Planner are authorized to exempt or otherwise 203
reduce the requirement for supplemental analyses outlined in Items A-C above if they 204
determine that the scope of the proposed project will not increase traffic, trips, or parking 205
demand in a demonstrable way. 206
207
9 DRAFT March 13, 2023
208
Amendments to other sections 209
Text to be added is underlined, text to be removed is struckthrough. 210
To be added to 11.03 related to Chapter 11 Subd. 2. Definitions 211
Gross Leasable Area means the total floor area within a building that may be rented to tenants excluding 212
common areas and space devoted to the heating and cooling of the building and other utility areas. 213
Use Classification means a group of similar uses that are associated with each other to such an extent 214
that they perform a specific land use function. 215
To be added to Chapter 11.03 Subd 1 (Table): 216
Mixed Use District MU
217
To be added to 11.03 related to Off Street Parking 218
H. Off-street Parking Facilities. “Parking calculation for the TC, TOD, and MU zoning districts can 219
be found in those sections.” 220
Specific parking requirements for the Transit Oriented Development District are located in Section 221
11.26, for the Town Center District in Section 11.27, and for the Mixed-Use District in Section xx. 222
11.03, Subd. 3.I – off-street loading facilities “No loading facility shall be located on a street 223
frontage nor within the required side or rear yard requirements except in the MU, TOD-MU, TOD-224
E, TOD-R, TC-MU, TC-R and TC-C. 225
To be added to 11.03 related to Building Materials 226
11.03, Subd. 3.K.3 – exterior building materials “In Districts N-Com, C-Com, C-Reg, C-Reg-Ser, C-227
Hwy, Ofc, Pub A-C, A-OFC, MU, TC-C, TC-R, TC-MU, and RM-2.5, TOD-R, TOD-E, TOD-MU, and GC a 228
minimum of seventy-five percent, (75%), of each façade of the exterior building finish shall consist 229
of at least three (3) contrasting, yet complementary materials, with at least one (1) color variation 230
therein, materials comparable in grade and quality to the following Class I materials:…” 231
To be added to 11.03 related to Trash and Recycling 232
11.03, Subd. 3.M – trash and recycling “M. Trash and Recycling. Implementation of a trash 233
enclosure plan shall be required prior to issuance of any occupancy permit for a property located 234
in zoning districts RM 2-5, OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC, TOD-E, 235
TOD-R, TOD-MU, PUB, GC, MU, A-C and A-OFC. This Section 11.03 Subdivision 3.M is applicable to 236
10 DRAFT March 13, 2023
applicable to all properties which have been issued a building permit for new construction after 237
the effective date of the ordinance. 238
239
To be added to Section 11.03 related to gas station design 240
11.03 2. A. 14: In the A-C, C-COM, C-REG, C-REG-SER, C-HWY, and MU Districts, in the case of a 241
gasoline/convenience store the following criteria shall apply: 242
(a) All buildings and pump canopies should have peaked roofs and relate architecturally in 243
scale, proportion, materials and detail, and color with the building. 244
(b) Pump canopies shall be connected with the primary store structure. Pump canopies shall 245
be located behind the store and oriented away from adjoining residential areas. Canopy 246
ceiling should be textured or have a flat finish. 247
(c) All site walls, screen walls and pump island canopies should be architecturally integrated 248
with the building with similar materials, colors, and detailing. 249
(d) Average horizontal luminance at grade shall not exceed ten foot-candles, with individual 250
lamps not to exceed two hundred fifty (250) watts. The fascias of the canopy should extend at 251
least twelve (12) inches below the lens of the fixture to block the direct view of the light 252
sources and lenses from property lines. Recessed non glare lighting shall be used under the 253
canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-254
candles. 255
(e) Service areas, storage areas and refuse enclosures shall be screened from public view, 256
adjacent streets and residential areas 257
(f) A landscape buffer shall be required to provide screening from adjacent residential uses. 258
To be added to Section 11.70 5.B. 259
Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg and MU. 260
261
To be added to Chapter 9, Subd 5, related to Recyclable Waste Collection 262
Subd. 5. Recyclable Waste Collection—OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg-Ser, C-263
Hwy, TC, TOD, and MU. This subdivision is applicable to all properties which have been issued a 264
building permit for new construction after the effective date of the ordinance. Owners, 265
Associations or other management entities for properties located within the OFC, I-2, I-5, I-Gen, C-266
Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC, TOD, and MU zoning districts shall provide to all 267
occupants services for the Collection of Recyclable Waste which accumulates on the premises in 268
accordance with the following provisions: 269
11 DRAFT March 13, 2023
A. Schedule. Collection services must be available on the premises and must be provided on a 270
regularly-scheduled basis. The Owner, Association or management entity may provide the 271
Collection services or may utilize a person licensed pursuant to City Code Section 5.36. 272
B. Recycling Information Required. The Owner, Association or management entity of all properties 273
zoned OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC , TOD, and MU shall 274
provide notice to the occupants of each unit which provides information on the availability of 275
Collection services, clearly describes and lists the procedures required to prepare the Recyclable 276
Waste for Collection, and identifies the dates and times of Collection. 277
C. Container Requirements. The Owner, Association or management entity of all properties zoned 278
OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC , TOD, and MU shall provide 279
containers for the Collection of Recyclable Waste and shall maintain the containers in a clean and 280
sanitary condition. The containers shall be sufficient in number and size to meet the demands for 281
recycling services created by the owners or tenants. The Owner, Association or management 282
entity shall replace stolen or broken containers and purchase additional containers as needed. 283
Containers shall be placed in a location on the premises which permits access for Collection 284
purposes but which does not obstruct pedestrian or vehicular traffic and must comply with City 285
Code Section 11.03, Subdivision 3.L. 286
D. Transportation and Disposal. Upon Collection Recyclable Wastes shall be delivered to a 287
recyclable material processing center, an end market for sale or reuse, or to an intermediate 288
Collection center for later delivery to a processing center or end market. It is unlawful for any 289
person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. 290
Recyclable Wastes must be transported in a covered vehicle so that the recyclables do not drop or 291
blow onto any public or private property during transport. 292
293
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 13, 2023 7:00 PM—CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed
Farr, Rachel Markos, Carole Mette, William
Gooding, Robert Taylor, Dan Grote
CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City
Engineer; Matt Bourne, Parks & Natural Resources
Manager; Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were commission members Mette, Taylor, and Gooding.
III. APPROVAL OF AGENDA
MOTION: Markos moved, seconded by Grote to approve the agenda. MOTION
CARRIED 6-0.
IV. MINUTES
MOTION: Kirk moved, seconded by Farr to approve the minutes of February 13, 2022.
MOTION CARRIED 6-0.
V. PUBLIC HEARINGS
A. 6245 DUCK LAKE ROAD BUILDING MOVE (2022-20)
Request for:
• Building Move to relocate an existing detached garage from 17117 62nd
Street West to 6245 Duck Lake Road
Josh Hohn, Eden Prairie resident for 14 years, presented a PowerPoint and
detailed the application. He had previously appeared before the commission in
2021. The purchase of the next door property allowed him to expand his property,
and move the building 75 feet so that it would comply with the current setback
PLANNING COMMISSION MINUTES
March 13, 2023
Page 2
requirements and be closer to the house. The building was structurally sound for
the move. The remaining space would allow for two complete low-density lots in
the future, and also for a one-stall garage. He stated he had had the property
professionally surveyed to comply with grading, draining, and easement
requirements as well. Owen commended staff’s efforts to work with him.
Barnhart presented the staff report. At the time of the previous review in 2021
four criteria had been outlined: structural integrity of the building, building use,
consistency with the zoning ordinance and that the development remain in
keeping with the character of the neighborhood. The application complied with all
of these. A single-stall garage would be built on the existing lot. Staff
recommended approval subject to the conditions outlined.
MOTION: Sherwood moved, seconded by Kirk to close the public hearing.
Motion carried 6-0.
Farr stated he recalled the previous application and supported this move.
MOTION: Farr moved, seconded by Grote to approve the request to relocate the
existing detached garage from 17117 62nd Street West to 6245 Duck Lake Road
as represented in the March 13, 2023 staff report. Motion carried 6-0.
HOLIDAY INN EXPRESS (2022-16)
Request for:
• Site Plan Review on 2.99 acres
Michael Monn, of Michael Monn Architects and the architect working with
Holiday Inn, presented a PowerPoint and detailed the application. Most of the
work would be interior—rebranding, remodeling the lobby and guest rooms.
Also, there would be an 1,800-square foot single-story addition to the building,
for a new indoor pool. This addition would have an outdoor patio for guest use.
The application would be removing all parking along the south property line
(along Flying Cloud Drive and the light rail) within the setback for landscaping,
reducing the number of parking stalls. Also, the number of guest rooms would be
reduced from 119 rooms to 99 suites. The main entrance would stay where it was,
and the lobby would be remodeled.
The existing brown brick would remain, and the EIFS would be recolored to
match the Holiday Inn specs. The new addition will be clad in brick to match the
existing building. The idea is to have this seamlessly blend in. He displayed the
higher and lower parapets on the addition.
PLANNING COMMISSION MINUTES
March 13, 2023
Page 3
Barnhart presented the staff report. The building materials comply with the design
standards. .The site improvements, including the addition of parking islands
comply with city code. Staff recommended approval subject to the conditions
outlined in the report.
MOTION: Grote moved, seconded by Markos to close the public hearing.
Motion carried 6-0.
Markos stated she thought this a nice upgrade, and it was a bonus to encounter
parking reduced, which the commission often did not see. Farr concurred and
added his support. Kirk agreed, and Pieper concurred.
MOTION: Kirk moved, seconded by Markos to recommend approval for a Site
Plan Review on 2.99 acres as represented in the March 13, 2023 staff report and
on plans stamp-dated February 21, 2023. Motion carried 6-0.
CODE AMENDMENT FOR A MIXED USE ZONING DISTRICT
Barnhart stated the area around Eden Prairie Center and Fountain Place, along
with two more areas north and south was guided mixed use in the 2040
Comprehensive Plan
The mixed use district was developed to further the goals of the Comprehensive
Plan, including:
Flexibility for a differing but compatible uses, including attached multi-family
developments; cohesive, unified development character; and reinvestment and
economic vitality in the district.
This Code Amendment would retain existing rights and opportunities for
businesses and property owners. Rezoning would occur at the request of the
property owner. It is anticipated that development will occur in vertical (multiple
uses in a single building) or horizontal (multiple uses in separate buildings, on one
or more lots) configurations.
Differences from the existing Code were:
Addition of multi-family residential up to 75 units/acre; reduced parking for retail
and shopping centers; additional parking reduction if certain standards were met;
cohesive design within development; pedestrian mobility, bicycle parking
(codifying recent practice) in which bicycle parking would be half TOD and TC
requirements; and signage as part of a master plan.
Staff recommended approval as drafted.
Markos asked if the Eden Prairie Mall had additional needs considering their
request last autumn for a review period. Barnhard replied staff met with the
PLANNING COMMISSION MINUTES
March 13, 2023
Page 4
Chamber of Commerce in October, drafted the ordinance over the winter, and
then reached out to the Mall for comments and feedback earlier this spring. We
responded to verbal comments received.
Grote suggested incorporating EVs into this district. Barnhart replied there was no
specific requirement in this ordinance; should the City pursue this route, it would
likely come under a parking requirement.
MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion
carried 6-0.
Farr asked if the conformity to the City’s the design guidelines set a precedent
with this zoning district or if this was already consistent with other districts.
Barnhart replied the intention was neither to be more or less prescriptive than
other districts, and he believed the language had been copied from other sections
of the Code, but he offered to confirm than before the City Council meeting.
Farr asked Rue if these areas had sufficient utility and sewer support for extra
density in these areas. Rue replied this area was designed with a full build out and
they would be sufficient according to his department’s projections. Traffic could
require some improvements.
Farr asked if short-term visitor outdoor bicycle racks versus occupant interior
bicycle storage by a resident should be differentiated. Barnhart replied this was
possible, but most zoning district language used a broad language as a guide,
rather than specific prescriptions. Staff would examine item-level concerns on a
case-by-case basis but he could also take another look at the language.
Kirk commended the City, staff, and the Comprehensive Plan for examining these
issues and added he found this Ordinance change allowing for more flexibility to
be a positive one. Pieper asked if bars and restaurants fell under “permitted
commercial uses.” Barnhart replied they did; items three and four were listed in
other zoning districts, so the same language was specifically used to ensure
allowance and consistency between zoning language. Items three and four could
also offer food and no existing services were being changed or reduced.
MOTION: Farr moved, seconded by Kirk to recommend approval of the Code
Amendment to allow the creation of a mixed-use zoning district represented in the
March 13, 2023 staff report. Motion carried 6-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS
PLANNING COMMISSION MINUTES
March 13, 2023
Page 5
Pieper announced this was Markos last meeting and thanked her for her service.
Pieper also thanked Gooding (not present).
VI. ADJOURNMENT
MOTION: Grote moved, seconded by Markos to adjourn. Motion carried 6-0.
The meeting was adjourned at 7:39 p.m.
Mixed Use Zoning
District
CITY COUNCIL
APRIL 4, 2023
Goals
The Goals of the Mixed Use Zoning district include:
Implementation of Aspire 2040
Flexibility for multiple compatible uses, including attached multi-family
residential
Promotes cohesive, unified development character
Creates opportunity to stimulate economic vitality and reinvestment
Maintains existing rights and opportunities for current businesses
Anticipates development in vertical (multiple uses in a single building)
or horizontal (multiple uses in separate buildings, on one or more lots).
Expected rezonings occur at the request of individual property owners.
Main differences from existing
zoning
Addition of multi-family residential as a permitted use (up to 75 units/
acre consistent with Aspire)
Promotes shared parking options through parking reduction for retail
and shopping centers and if certain standards are met
Cohesive design within development
Pedestrian mobility, bicycle parking (codified recent practice)
Signage plan required as part of overall master plan
Highlights of Mixed Use District
Architectural standards such as building materials and
articulations/deviations same as Commercial and RM-2.5 zones, with
addition of the cohesive development requirement
Permitted uses same as C-Reg and C-Reg Ser, except multi-family
residential added
Performance standards such as setbacks, are no more restrictive
than C-Reg and C-Reg Ser
Signage requirements are the same as Commercial districts, though
a master sign plan is required as part of a zoning application
Highlights of Mixed Use District
(cont.)
Parking requirements the same, except for Retail and Shopping
center uses, where the minimum requirement can be reduced
when shared parking or other criteria are met
Parking for all uses may be reduced up to 20% if certain conditions can
be met
Adequate business need, no competing peak demands, and a shared
parking agreement
Reduction of more than 20% would require a waiver or variance
Pedestrian and Bicycle Facilities are required
Questions?
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
April 04, 2023
DEPARTMENT/DIVISION:
Tammy Wilson, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.:
X.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 299047 - 299322
Wire Transfers 1033076 - 1033162
Wire Transfers 9725 – 9730
City of Eden Prairie
Council Check Summary
4/4/2023
Division Amount Division Amount
100 City Manager 36,899 601 Prairie Village Liquor 82,017
102 Legal Counsel 37,832 602 Den Road Liquor 168,040
110 City Clerk 476 603 Prairie View Liquor 102,800
111 Customer Service 2,470 605 Den Road Building 7,573
113 Communications 274 701 Water Enterprise Fund 130,606
114 Benefits & Training 8,187 702 Wastewater Enterprise Fund 3,524
130 Assessing 10,401 703 Stormwater Enterprise Fund 20,410
132 Housing and Community Services 130 Total Enterprise Fund 514,971
136 Public Safety Communications 13,144
150 Park Administration 1,505 316 WAFTA 512
151 Park Maintenance 39,775 802 494 Commuter Services 6,300
153 Organized Athletics 792 807 Benefits Fund 586,085
154 Community Center 11,391 809 Investment Fund 4,276
156 Youth Programs 1,592 811 Property Insurance 4,048
158 Senior Center 1,322 812 Fleet Internal Service 30,787
159 Recreation Administration 180 813 IT Internal Service 49,117
163 Outdoor Center 943 815 Facilites Operating ISF 44,339
168 Arts Center 2,447 816 Facilites City Center ISF 67,430
180 Police Sworn 17,187 817 Facilites Comm. Center ISF 87,696
184 Fire 22,381 Total Internal Svc/Agency Funds 880,589
200 Engineering 1,157
201 Street Maintenance 82,176 Report Total 1,948,436
202 Street Lighting 277
Total General Fund 292,938
301 CDBG 257
303 Cemetary Operation 16,525
Total Special Revenue Fund 16,782
308 E-911 301
315 Economic Development 3,794
445 Cable PEG 12,468
502 Park Development 77
509 CIP Fund 59,975
522 Improvement Projects 2006 933
526 Transportation Fund 1,154
532 EP Road Connect Flying Cloud 66,399
536 General LRT 72,000
539 2020 Improvement Projects 21,225
540 Duck Lake Rd. Reconstruction 598
541 DELL RD (CRESTWOOD TO CSAH 61)1,667
542 Willow Creek Street/Utilities 1,824
804 100 Year History 742
Total Capital Projects Fund 243,156
City of Eden Prairie
Council Check Register by GL
4/4/2023
Check #Amount Supplier / Explanation Account Description Business Unit Comments
9728 302,374 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Tax PR ending 03.10.23
9725 214,237 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.24.23
299134 73,732 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal City Center - CAM
299120 72,000 BW BOWLING PROPERTIES LP Right of Way & Easement General LRT
299186 62,244 VEIT & CO Improvement Contracts EP Rd Connect to Flying Cloud
299116 54,776 BOLTON & MENK INC Design & Engineering Willow Creek Street/Utilities
299293 54,221 HYDROCORP Improvement Contracts Water Capital
1033151 47,114 CENTERPOINT ENERGY Gas Various Funds
299184 45,980 VALLEY PAVING INC Asphalt Overlay Street Maintenance
1033155 39,803 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution
1033161 33,476 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund
9730 31,916 EMPOWER Deferred Compensation Health and Benefits
299302 31,742 MIDSTATES EQUIPMENT & SUPPLY Crack Filling Street Maintenance
299073 27,466 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1033101 24,242 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
1033157 23,401 LOGIS Network Support IT Capital
299234 22,517 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Wine - Incentives Den Road Liquor Store
1033117 22,066 XCEL ENERGY Electric Various Funds
9729 21,624 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
299190 21,165 WEST BAY HOMES Deposits General Fund
299291 19,208 HLS OUTDOOR Operating Supplies Park Maintenance
299296 18,375 ISG Other Contracted Services Planning & Development
299292 18,052 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
299080 17,895 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
299224 17,157 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
299289 16,342 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store
299307 16,187 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store
299140 16,007 HEALTH STRATEGIES Health & Fitness Fire
299295 14,960 INDIGO SIGNWORKS, INC.Operating Supplies Pleasant Hill Cemetery
299177 14,577 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
299300 14,450 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
299095 13,905 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
299294 13,616 INDIGITAL INC Other Contracted Services IT Capital
299287 12,739 GRAYMONT Treatment Chemicals Water Treatment
1033130 12,468 AVI SYSTEMS INC Other Contracted Services Cable PEG
299320 12,292 VIDEOTRONIX INC Equipment Repair & Maint Public Safety Communications
299158 10,523 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
299222 9,737 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
299187 9,724 VERIZON WIRELESS Other Contracted Services IT Operating
299249 9,259 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
299220 9,105 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
299123 9,000 CITY OF EDEN PRAIRIE FIRE RELIEF Deposits General Fund
299102 8,830 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
299074 8,146 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
299180 8,088 TOTAL MECHANICAL SERVICES Contract Svcs - HVAC General Community Center
299221 7,378 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
299075 7,022 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
299257 6,962 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Wine - Incentives Prairie View Liquor Store
299205 6,830 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
299312 6,754 SUPERIOR TURF SERVICES Chemicals Park Maintenance
299137 6,587 GRAYMONT Treatment Chemicals Water Treatment
299308 6,500 SCOTT W BAKER ASSOCIATES INC.Contract Svcs - General Bldg FF&E - Furn, Fixtures & Equip.
299088 6,476 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
299059 6,441 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
299152 6,407 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
299198 5,987 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1033112 5,890 ST CROIX ENVIRONMENTAL INC Design & Engineering Utility Operations - General
299051 5,627 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
299244 5,574 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
1033156 5,426 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
299191 5,127 WM CORPORATE SERVICES INC Waste Disposal Various Funds
299086 4,993 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
299178 4,979 SUPERIOR TURF SERVICES Chemicals Park Maintenance
299145 4,819 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
299109 4,782 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
299096 4,728 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
299151 4,587 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
299230 4,493 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
299212 4,466 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Wine - Incentives Prairie Village Liquor Store
1033108 4,458 METRO SALES INCORPORATED*Equipment Rentals IT Operating
299168 4,276 PFM ASSET MANAGEMENT LLC Interest Investment Fund
299143 4,250 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn
299199 4,197 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
299243 4,146 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
299131 4,114 EDINA, CITY OF Other Contracted Services Organizational Services
299141 4,104 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
299147 4,048 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
299097 3,840 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
299252 3,727 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
299144 3,713 HYDROCORP Improvement Contracts Water Capital
299271 3,675 CLIFTONLARSONALLEN LLP Other Contracted Services Organizational Services
299052 3,569 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
299299 3,562 LANO EQUIPMENT INC Landscape Materials/Supp Reforestation
299159 3,500 MINNESOTA NORTH COLLEGE Tuition Reimbursement/School Police Sworn
299321 3,500 WAYNES HOME SERVICES Window Washing Ice Arena Maintenance
1033145 3,319 TESSMAN SEED CO Chemicals Park Maintenance
299139 3,167 GYM WORKS Equipment Repair & Maint Fitness Center
1033097 3,096 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital
1033109 3,087 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Police (City Cost)
1033113 3,054 STREICHERS Clothing & Uniforms Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1033147 3,052 WSB & ASSOCIATES INC Other Contracted Services Historical Culture
299322 2,961 XIGENT SOLUTIONS LLC Hardware - R&M IT Operating
299185 2,759 VAN PAPER COMPANY Operating Supplies General Community Center
299210 2,685 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
299216 2,668 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
299142 2,471 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
1033141 2,447 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
299188 2,299 VIDEOTRONIX INC Building Repair & Maint.Capital Maint. & Reinvestment
299108 2,250 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
299157 2,250 METRO BLOOMS Other Contracted Services Stormwater Non-Capital
299160 2,175 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
299066 2,115 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
299084 2,081 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
299117 2,040 BOUND TREE MEDICAL LLC EMS Supplies Fire
299064 2,015 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
299078 1,990 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
299114 1,961 ARVIG Fiber Lease Payments IT Operating
299132 1,950 EHLERS & ASSOCIATES INC Deposits Economic Development Fund
299115 1,936 ASSURED SECURITY Contract Svcs - General Bldg Outdoor Center Facilities
299167 1,897 PERA Wages and Benefits 494 Corridor Commission
299062 1,759 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
299118 1,740 BROTHERS FIRE PROTECTION Contract Svcs - Plumbing Maintenance Facility
299245 1,738 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
299091 1,709 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
299239 1,704 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
299261 1,690 A&B WELDING & CONSTRUCTION Equipment Repair & Maint Water Treatment
299288 1,678 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
299092 1,668 WINEBOW Liquor Product Received Den Road Liquor Store
299171 1,651 SCHLOMKA SERVICES LLC Building Repair & Maint.Maintenance Facility
1033116 1,646 WM MUELLER AND SONS INC Gravel Water Distribution
299110 1,603 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
299181 1,600 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Transportation Fund
1033110 1,563 PRAIRIE ELECTRIC COMPANY Contract Svcs - Plumbing Park Shelters
299248 1,539 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1033162 1,526 VISTAR CORPORATION Merchandise for Resale Concessions
1033139 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
299263 1,504 AIRGAS USA LLC Supplies Fire and Aquatics
299053 1,467 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1033120 1,418 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1033114 1,415 TOWMASTER INC Equipment Parts Fleet Operating
1033125 1,379 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
299106 1,366 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
299047 1,302 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
299170 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
299281 1,300 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery
299070 1,217 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1033128 1,202 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
299146 1,173 JOHNSON CONTROLS Contract Svcs - HVAC General Community Center
1033148 1,154 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
299135 1,149 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
299161 1,115 MINNESOTA PUMP WORKS Equipment Repair & Maint Wastewater Lift Station
299228 1,112 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
299277 1,101 COREMARK METALS Repair & Maint. Supplies Water Treatment
299203 1,094 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
299094 1,087 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1033122 1,083 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
299150 1,050 LHB INC Other Contracted Services Sustainable Eden Prairie
299153 1,042 MARCO INC Hardware - R&M IT Operating
299149 1,007 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
299264 991 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Senior Center
299063 988 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
299223 976 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
299156 946 MEDICINE LAKE TOURS Special Event Fees Trips
1033153 943 FERRELLGAS Gas Outdoor Center
1033100 939 CDW GOVERNMENT INC.Hardware - R&M IT Operating
1033136 919 FASTENAL COMPANY Safety Supplies Fleet Operating
299179 905 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
299085 894 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
299297 892 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
299206 888 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
299100 871 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
299290 852 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
299192 841 HAMILTON-SUSTAD BARBARA AR Utility Water Enterprise Fund
299313 841 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
299262 838 ACRYLIC DESIGN ASSOCIATES Operating Supplies Ice Operations
299253 825 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
9727 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
1033106 823 MENARDS Operating Supplies Utility Operations - General
299311 805 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
299183 792 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball
299195 780 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
299099 778 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
299314 756 TNC INDUSTRIES INC Contract Svcs - General Bldg Fire Station #2
299200 755 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1033127 754 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1033150 754 CDW GOVERNMENT INC.Printers IT Operating
299068 730 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
299121 725 CINTAS CORPORATION Safety Supplies Community Center Admin
299226 717 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
299148 715 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn
1033115 706 ULINE Operating Supplies Fire
299077 704 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
1033138 689 HACH COMPANY Laboratory Chemicals Water Treatment
299317 672 TYLER TECHNOLOGIES INC Software/Hardware Maint.Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments
299286 657 GLASS & MIRROR OUTLET GLASSART DESIGN Contract Svcs - General Bldg Maintenance Facility
299214 657 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
299270 654 CENTURYLINK Internet Various Funds
299301 625 MARTIN-MCALLISTER Employment Advertising Organizational Services
1033105 621 IDENTISYS Operating Supplies Community Center Admin
299113 607 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
299250 607 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
299133 603 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
299057 599 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
299072 588 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
299165 585 MVP CRICKET LLC Instructor Service Lesson Skills Development
299197 569 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
299298 567 JOHNSTONE SUPPLY Building Repair & Maint.Utility Operations - General
1033096 565 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
1033149 564 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
299054 556 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1033077 538 VINOCOPIA Liquor Product Received Den Road Liquor Store
299219 536 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1033140 530 METROPOLITAN FORD Equipment Parts Fleet Operating
299182 525 UNITED SYSTEMS & SOFTWARE INC Other Contracted Services IT Operating
299236 523 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
299269 512 CAMPBELL KNUTSON, P.A.Legal WAFTA
299268 511 BIG STATE INDUSTRIAL SUPPLY INC Lab Supplies Utility Operations - General
299209 511 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1033154 507 FORCE AMERICA Equipment Parts Fleet Operating
299318 506 VAN PAPER COMPANY Cleaning Supplies City Center - CAM
1033135 491 CUSTOM HOSE TECH Equipment Parts Fleet Operating
299283 475 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
1033092 469 QUESENBERRY, TYLER Tuition Reimbursement/School Police Sworn
299267 466 BCA - MNJIS Employment Support Test Fire
1033076 464 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
299105 455 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
299242 454 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
299060 452 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store
1033152 420 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1033085 420 BERRY COFFEE COMPANY Merchandise for Resale Concessions
299083 413 MEGA BEER Liquor Product Received Den Road Liquor Store
299107 411 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store
299061 405 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1033089 403 METROPOLITAN FORD Equipment Parts Fleet Operating
299076 400 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
299284 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service
299129 378 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
299229 374 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1033107 367 METRO ELEVATOR INC Equipment Repair & Maint Utility Operations - General
1033104 361 HAWKINS INC Repair & Maint. Supplies Water Treatment
299098 359 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
299069 356 WINEBOW Liquor Product Received Prairie Village Liquor Store
1033095 356 STREIFF, CHAD Travel Expense Police Sworn
299164 345 MPCA Licenses, Taxes, Fees Utility Operations - General
1033088 344 JOHNSTONE SUPPLY Supplies - HVAC Pool Maintenance
299306 338 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
299071 335 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
299162 335 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
299128 335 DIRECTV Cable TV Community Center Admin
299227 334 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
299278 325 CROSS ROB Travel Expense Fire
299201 324 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
299176 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire
1033123 318 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
299232 308 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
299049 308 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
299246 305 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
299103 304 LIBATION PROJECT Liquor Product Received Prairie View Liquor Store
299193 304 UNITED STATES POSTAL SERVICE Postage Senior Center Admin
299265 300 ARAMARK Janitor Service Den Road Liquor Store
299111 296 WINEBOW Liquor Product Received Prairie View Liquor Store
299065 293 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
1033134 272 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General
1033079 271 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
299310 253 STAPLES ADVANTAGE Office Supplies Customer Service
299189 250 WAYNES HOME SERVICES Contract Svcs - General Bldg City Hall (City Cost)
299215 240 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1033160 238 PREMIUM WATERS INC Operating Supplies - Water Fire
1033091 236 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
299282 235 DELTA DENTAL Wages and Benefits 494 Corridor Commission
1033103 235 GRAINGER Repair & Maint. Supplies General Community Center
1033080 232 VINOCOPIA Liquor Product Received Prairie View Liquor Store
299056 230 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
299315 230 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
299174 221 SNAP-ON TOOLS Small Tools Fleet Operating
299233 216 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
299112 215 AMERICAN PRESSURE INC Contract Svcs - Plumbing Maintenance Facility
299119 211 BTR OF MINNESOTA Equipment Parts Fleet Operating
299136 210 GERTENS Conference/Training Park Maintenance
1033124 208 VINOCOPIA Liquor Product Received Den Road Liquor Store
299082 208 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
299055 207 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
299081 207 LIBATION PROJECT Liquor Product Received Den Road Liquor Store
299048 201 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store
1033084 198 ANDREWS, JOHN Travel Expense Police Sworn
1033094 198 STAAF, CARTER Travel Expense Police Sworn
299124 190 COMCAST Internet IT Operating
299207 188 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
299208 188 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
299254 186 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
1033083 180 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Recreation Admin
1033137 177 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
299196 172 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
299217 172 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
299240 172 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1033132 171 BEHL ANTHONY Clothing & Uniforms Police Sworn
1033129 171 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
299231 169 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
299274 162 COMCAST Cable TV Fire
299194 159 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
1033158 155 MATHESON TRI-GAS INC Operating Supplies Fleet Operating
299316 150 TRIPLE E WATER AND SEWER LLC Street Permits General Fund
299079 148 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
1033143 147 QUALITY PROPANE Motor Fuels Fleet Operating
1033119 147 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
299090 146 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
299101 144 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
299213 140 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
299058 139 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
299251 139 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1033121 139 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
299104 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
299154 137 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating
299087 136 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store
299211 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
299255 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store
299237 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
299225 131 LIBATION PROJECT Liquor Product Received Den Road Liquor Store
299259 127 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
299247 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
299279 124 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
299202 123 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1033126 123 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
1033159 120 MENARDS Repair & Maint. Supplies Utility Operations - General
299238 120 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
299304 120 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees General Community Center
299235 119 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
299273 118 COMCAST Cable TV Fire
299067 115 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
299258 112 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
299089 111 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
299093 111 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1033090 110 MPX GROUP, THE Printing Volunteers
299172 109 SHRED RIGHT Waste Disposal Various Funds
299309 109 SHRED RIGHT Waste Disposal Various Funds
Check #Amount Supplier / Explanation Account Description Business Unit Comments
299138 107 GS DIRECT Operating Supplies Engineering
299126 103 COMCAST Cable TV Fire
1033118 101 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
299122 100 CINTAS CORPORATION #470 Operating Supplies Park Maintenance
299285 95 FIRE SAFETY USA INC Equipment Parts Fleet Operating
1033081 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
299303 88 MINNESOTA AIR INC Supplies - HVAC Police (City Cost)
299050 87 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store
299218 87 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store
299241 87 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store
1033111 85 SPS COMPANIES Repair & Maint. Supplies Homeward Hills Park
1033086 79 ENGELEN KELSEY Travel Expense Administration
299275 77 COMCAST Cable TV Fire
299130 75 EDEN PRAIRIE HIGH SCHOOL Advertising Community Center Admin
299166 73 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Admin
299204 70 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store
1033131 69 BECKER, DAVE Mileage & Parking Police Sworn
299280 64 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
299125 62 COMCAST Cable TV Fire
1033144 60 QUESENBERRY, TYLER Tuition Reimbursement/School Police Sworn
299260 60 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
299276 57 CORE & MAIN Repair & Maint. Supplies Park Maintenance
1033102 56 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
299272 50 COMCAST Internet IT Operating
299319 50 VERIZON WIRELESS - VSAT Other Contracted Services Police Sworn
1033078 50 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
1033087 47 IRMITER, JESSE Clothing & Uniforms Police Sworn
299256 42 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
299305 42 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1033133 40 CARLSTON, BRANDON Mileage & Parking Police Sworn
1033082 40 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
299266 34 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
299175 28 SONSALLA ELIZABETH Tuition Reimbursement/School Fitness Classes
1033142 26 OLSEN CHAIN & CABLE Equipment Parts Street Maintenance
299169 25 PIXLEY COLE Tuition Reimbursement/School Volunteers
1033098 24 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
299173 22 SMITH GAYL P&R Refunds Community Center Admin
1033146 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
1033093 20 SPOK, INC.Cell/Pager Plans IT Operating
1033099 18 CAWLEY COMPANY, THE Miscellaneous Stormwater Non-Capital
299163 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
299127 4 COMCAST Other Contracted Services Police Sworn
1,948,436 Grand Total
CITY COUNCIL AGENDA
SECTION: Reports of Council Members
DATE:
April 4, 2023
DEPARTMENT
Office of the City Manager
ITEM DESCRIPTION:
Resolution Supporting the “Wyland Mayor’s
Challenge for Water Conservation”
ITEM NO.:
XIV.A.1.
Requested Action
Move to: Adopt the resolution supporting the Wyland Mayor’s Challenge for Water
Conservation.
Synopsis
The attached resolution is a commitment from the City of Eden Prairie to once again support
water conservation efforts by encouraging residents to participate in the Mayor’s Challenge for
Water Conservation from April 1 to April 30, 2023.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__
RESOLUTION SUPPORTING THE
“WYLAND MAYOR’S CHALLENGE FOR WATER CONSERVATION”
WHEREAS, the City of Eden Prairie continues to explore ways to manage residential
consumption of water and power, and to inspire its residents to care for our natural resources;
and
WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to
become better environmental stewards; and
WHEREAS, the 12th annual National Mayor’s Challenge for Water Conservation
presented by the Wyland Foundation, is a non-profit challenge to residents to encourage
pollution reduction and smart water use; and
WHEREAS, with the encouragement of their Mayors, residents may register
participation in their city's Challenge online by making simple pledges to decrease their water
use and to reduce pollution for the period of one year, thereby assisting their cities to apply State
and Federal water conservation strategies and to target mandated reductions; and
WHEREAS, for the month of April 2023 the City of Eden Prairie wishes to encourage
its residents to take the “Wyland Mayor’s Challenge for Water Conservation” by making a series
of online pledges at MyWaterPledge.com to reduce their impact on the environment and to see
immediate savings in their water, trash and energy bills.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie:
I. The City of Eden Prairie agrees with and supports the “Wyland Mayor's
Challenge for Water Conservation.”
II. The program is to be implemented from April 1–30, 2023, through a series of
communication and outreach strategies to encourage Eden Prairie residents to take
the conservation “Challenge.”
ADOPTED by the Eden Prairie City Council on this 4th day of April 2023.
____________________________
Ronald A. Case, Mayor
ATTEST:
______________________________
Nicole Tingley, City Clerk