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HomeMy WebLinkAboutCity Council - 01/06/2026Eden Prairie City Council Workshop Agenda 5:30 p.m. Tuesday, Jan. 6, 2026 City Center Heritage Rooms, Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter WORKSHOP AGENDA Heritage Rooms 1. State Legislative Delegation Discussion with Senator Cwodzinski, Representative Falconer, and Representative Kotyza-Witthuhn Council Chambers 2. Open Podium 3. Adjournment Eden Prairie Housing and Redevelopment Authority Meeting Agenda 7 p.m. Tuesday, Jan. 6, 2026 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Housing and Redevelopment Authority Members: Chair Ron Case, 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 Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, City Attorney Maggie Neuville, and Finance Manager Tammy Wilson MEETING AGENDA I. Call the Meeting to Order II. Approve the minutes of HRA meeting held on December 2, 2025 III. Adopt Resolution modifying Redevelopment Plan for Project Area No. 5 establishing TIF District No. 27: Roers Eden Prairie Apartments, adopt the TIF Plan, approve the TIF Development Agreement IV. Adjournment Eden Prairie City Council Meeting Agenda 7 p.m. Tuesday, Jan. 6, 2026 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. Miller Park AED Lifesaving Recognition for Sundari Saengdara B. Camp Counselor Impact Scholarship through the Eden Prairie Foundation C. Adopt Resolution accepting 2025 Fall donations to Parks and Recreation V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, December 2, 2025 B. City Council Meeting held Tuesday, December 2, 2025 VII. Consent Calendar CITY COUNCIL MEETING AGENDA January 6, 2026 A. Clerk’s List B. Roers Eden Prairie Apartments by Roers Companies. Approve second reading of Ordinance for PUD District Review with Waivers on 5.86 acres and Zoning District Change from Office to RM-2.5 on 5.86 acres, adopt Resolution for Site Plan Review on 5.86 acres, adopt Resolution conditionally approving Development Agreement C. Valley View Hotel Development by CSM Lodging Acquisitions. Approve second reading of Ordinance for PUD District Review with Waivers on 6.59 acres and Zoning District changes from Rural to Parks and Open Space on 53.01 acres and Rural to C-Regional Service on 6.59 acres, adopt Resolution for Site Plan on 6.59 acres, adopt Resolution conditionally approving the Development Agreement D. Adopt Resolution modifying Redevelopment Plan for Project Area No. 5 establishing TIF District No. 27: Roers Eden Prairie Apartments, adopt TIF Plan E. Adopt Resolution establishing meeting dates and times for City Boards and Commissions for 2026 F. Adopt Resolution designating Cass Commercial Bank and US Bank of Eden Prairie as the official depositories for the public funds of the City of Eden Prairie G. Adopt Resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie H. Adopt Resolution authorizing the use of facsimile signatures of the Mayor, City Manager, Treasurer, and approved payment processor on checks, drafts, warrants, vouchers, or other orders on public funds deposited I. Adopt Resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds J. Adopt Resolution authorizing the expenditure of Fiscal Year 2026 Opioid Settlement Funds K. Adopt Resolution authorizing payment of certain claims by the Finance division without prior Council approval L. Adopt Resolution authorizing the persons holding the office as Mayor, Manager, and Treasurer or Deputy Treasurer and the approved payment processor to act for the City of Eden Prairie in the transaction of any banking business with the official depositories M. Approve investment policy CITY COUNCIL MEETING AGENDA January 6, 2026 N. Approve purchase and installation of public address (PA) system for Eden Prairie Community Center O. Approve change order for updated site work following retaining wall removal design change with Minnesota Utilities and Excavating, LLC P. Approve the implementation of backup repository as a service with Xigent Solutions for a 36-month term Q. Authorize entering a contract for goods and services for facilitating the Arbor Day Tree Sale with Tree Trust R. Authorize entering into a professional services agreement for project and construction oversight for the RTA Maintenance Trail Stabilization Improvement Project with Stantec Consulting Services S. Approve 2026 and 2027 funding recommendations for Social Service Providers made by Human Services Review Committee T. Approve 3-year contract for RAVE System Alerting Services U. Award City of Eden Prairie Pond Improvements (Pond 6-21-C) to JC Hallet Construction, LLC V. Approve professional services agreement for 2026 Watermain Rehabilitation with SEH W. Authorize purchase of RRFB Systems from Traffic and Parking Control Co., Inc. X. Approve 3-year agreement with Broadcomm for VMWare VSphere license and maintenance VIII. Public Hearings and Meetings A. Wings Financial Credit Union by Pope Design Group Site Plan Review on 9.08 acres B. Prairie Village SE Building (Dave’s Hot Chicken) by Kimley Horn Site Plan Review on 0.32 acres C. Approve first reading of an Ordinance amending City Code Section 11.47 relating to Site Plan Reviews D. Approve first reading of an Ordinance repealing existing City Code Section 11.50 and replacing with new City Code Section 11.50 relating to shoreland management CITY COUNCIL MEETING AGENDA January 6, 2026 IX. Payment of Claims X. Ordinances and Resolutions XI. Petitions, Requests and Communications XII. Appointments A. Adopt Resolution designating official City newspaper B. Adopt Resolution designating official meeting dates, time, and place for City council in 2026 and appointing acting mayor C. Adopt Resolution appointing Commissioners to Eden Prairie Housing and Redevelopment Authority D. Appointment of Director and Alternate Director to Suburban Rate Authority E. Appointment of Municipal Representatives to the Fire Relief Association Board of Trustees F. Appointment of Delegate and Council Members as Alternates to National League of Cities G. Appointment to Municipal Legislative Commission H. Appointment to Southwest Cable Commission I. Appointment to I-494 Commission J. Appointment of Assistant Weed Inspector K. Appointment to Southwest Transit Commission XIII. Reports A. Report of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director CITY COUNCIL MEETING AGENDA January 6, 2026 F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment Unapproved Minutes Housing and Redevelopment Authority Meeting 7 p.m. Tuesday, Dec. 2, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Housing and Redevelopment Authority Members: 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 Amy Markle, Finance Manager Tammy Wilson, and City Attorney Maggie Neuville HRA MEETING AGENDA HRA.I. Call the HRA Meeting to Order Chair Case called the meeting to order at 7:02 PM. All HRA Members were present. HRA.II. Approve the minutes of HRA meeting held on September 2, 2025. MOTION: Toomey moved, seconded by Narayanan, to approve the HRA minutes from September 2, 2025. Motion carried 5-0. HRA.III. Adopt Resolution No. HRA 2025-02 Approving The 2026 Property Tax Levy And Accepting The Proposed 2026 Budget Getschow explained that on September 2, 2025, the HRA approved the proposed 2026 HRA property tax levy and budget. Also, on September 2, 2025, the Eden Prairie City Council adopted Resolutions consenting and approving the proposed 2026 HRA property tax levy and budget. Getschow noted that Minnesota law authorized the HRA to levy a tax with the consent of the City Council. This Resolution gives the consent needed for the HRA. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. HRA 2025-02 certifying the 2026 HRA property tax levy to be $230,000 and approving the 2026 HRA budget of $230,000 as reviewed by the Council. Motion carried 5- 0. HRA MEETING MINUTES December 2, 2025 Page 2 HRA.IV. Adjournment MOTION: Toomey moved, seconded by Narayanan, to adjourn the HRA meeting. Motion carried 5-0. Chair Case adjourned the meeting at 7:06 PM. Respectfully submitted, _________________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: HRA Item Number: HRA.III. Department: Community Development Julie Klima ITEM DESCRIPTION Roers Apartments is requesting Tax Increment Financing (TIF) for Roers Eden Prairie Apartments located at 6436 City West Parkway. Roers Apartments is a 195 unit mixed-income apartment project that meets the criteria for a new Housing TIF District. The project will be developed in one phase. The project proposes to include 20% of the units (39 units) affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 5% of the units (10 units) will be inclusionary housing units as required by City Code and will be affordable to residents earning at or below 80% of AMI. The remaining 146 units will be market rate. This request necessitates a Redevelopment Plan modification, creation of a new TIF District No. 27, and a TIF Plan for Roers Apartments. The TIF Plan for TIF District No. 27 is the City’s planning document for the district. It spells out the objectives and policies for the district, identifies the geographic boundaries, and sets the maximum budgetary authority for the district. This planning document simply allows for the creation of a new TIF district. Approval of the TIF Plan does not grant any specific TIF assistance to the property owner. Assistance is granted through a separate TIF agreement between the HRA and the developer. REQUESTED ACTION Move to: • Adopt Resolution Adopting a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 and establishing Tax Increment Financing District No. 27: Roers Eden Prairie Apartments, adopt a Tax Increment Financing Plan therefor, and approve the TIF Development Agreement SUMMARY TIF District No. 27 is being established as a Housing TIF District. The site qualifies as a Housing TIF District because the project will meet the income requirements outlined above. The TIF Plan sets up the district for a maximum duration of 26 years. The maximum budgetary authority in the district is approximately $20.73 million. This is a maximum budget intended to provide flexibility. It assumes the TIF district runs for the full 26 years. The actual assistance to the property owner is anticipated to be a present value of $4.9 million. Total payments, which include interest paid, are projected to be $9.5 million. Current estimates show that the amount can be repaid within 21 years. The TIF Plan assumes pay-as- you-go assistance to the developer. Pay-as-you-go TIF requires the developer to seek its own financing secured by all or a portion of the tax increments generated by the project. In this scenario, the City and HRA do not provide the funding up front, but enter into an agreement to provide tax increments from the increased taxes from the project up to a specific dollar amount over time. If tax increment is not enough to repay the developer, the City does not make up the difference. The TIF Plan also includes a 10% allowance for City administrative costs. The City can use this 10% to pay for any ongoing costs associated with administering the project in the TIF District. The City Council held a public hearing on the TIF proposal on October 21, 2025. Staff and the developer have come to terms on the Tax Increment Financing Development Agreement that lays out the expected distribution of increment, determines the type and number of affordable units by bedroom size, characterizes responsibilities going forward and more. Proposed Financing and General Terms: Housing TIF: Roers is requesting new Housing TIF District financing for Roers Eden Prairie Apartments. The original request was for $5,070,000 of new TIF in the form of pay-as-you-go over 26 years. Ehlers Public Finance (our TIF consultants) and staff have reviewed Roers application. We have determined that the proposal meets the “but for test” for TIF District financing. However, the development does not require the requested amount of TIF to generate reasonable profits. Therefore, Ehlers and staff recommends a total of $4.9 million of present value TIF paid over 21 years. The required affordability will continue for a total of 26 years, however, which is the maximum duration of the TIF district. Affordable TIF and IH Units: During the 26 year affordability period, Roers would need to maintain 39 units at rents affordable to households whose incomes do not exceed 50% of the AMI. Roers would submit annual information to the City regarding the households occupying these units and the rents they pay compared to commensurate market rate units. Of the 39 affordable TIF units staff recommends a minimum of 20 one bedroom, 16 two-bedroom, and 3 three-bedroom units. In addition, City Code Chapter 13 requires that the developer provide Inclusionary Housing (IH) units in perpetuity that must be affordable to households earning up to 80% of AMI. The developer will be required to provide 10 IH units including 5 one-bedroom units, 4 two- bedroom units, and 1 three-bedroom unit. The developer will construct an off-site trail to connect the project to the City West LRT station. The developer is required to provide actual costs for the trail construction and the TIF note can be adjusted to include actual trail costs up to $458,531. The developer is in general agreement with the staff recommendations. ATTACHMENTS • Resolution adopting modification to the Redevelopment Plan and establishing TIF District 27 • Tax Increment Financing Plan • TIF Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2026-__ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 27: ROERS EDEN PRAIRIE APARTMENTS THEREIN, ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR AND APPROVING THE TIF DEVELOPMENT AGREEMENT. WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "HRA") and the City of Eden Prairie (the "City") that the HRA adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification") for Redevelopment Project Area No. 5 (the "Project Area") and establish Tax Increment Financing District No. 27: Roers Eden Prairie Apartments (the "District"), adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), and approve a TIF Development Agreement (the (“Agreement”) all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended (the "Act"), all as reflected in the Plans and presented for the Board's consideration; and WHEREAS, the HRA has investigated the facts relating to the Plans and has caused the Plans to be prepared; and WHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the Plans. The City Council has also held a public hearing on October 21, 2025, on the Plans upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The HRA hereby finds that the District is in the public interest and is a "housing district" under Minnesota Statutes, Section 469.174, Subd. 11, and finds that the adoption of the proposed Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Minnesota for affordable and high-quality housing. 2. The HRA further finds that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. The reasons and facts supporting the findings in this resolution are described in the Plans and are attached here to as Exhibit A. 2 4. The HRA elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. 5. Upon satisfaction of the contingency in paragraph 10 hereof, the Plans, as presented to the HRA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Executive Director of the HRA. 6. Upon satisfaction of the contingency in paragraph 10 hereof, the TIF Development Agreement as presented to the HRA on this date, is hereby approved and the Chair and Executive Director are authorized to execute. 7. Upon satisfaction of the contingency in paragraph 10 hereof, upon approval of the Plans by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans 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. Approval of the Plans does not constitute approval of any project or a Development Agreement with any developer. 8. Upon satisfaction of the contingency in paragraph 10 hereof, the Executive Director of the HRA is authorized and directed to forward a copy of the Plans to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 9. Upon satisfaction of the contingency in paragraph 10 hereof, the Executive Director of the HRA is authorized and directed to forward a copy of the Plans to the Hennepin County Auditor and request that the Auditor certify the original tax capacity of the District as described in the Plans, all in accordance with Minnesota Statutes 469.177. 10. The approval of the Plans and the Agreement and the directions given in paragraphs 6 through 9 are contingent upon receipt by the Executive Director of documentation acceptable to the Executive Director that Roers Eden Prairie Apartments LLC has acquired fee simple interest in the Development Property as defined in the TIF Agreement. If the Executive Director does not receive such documentation on or prior to April 8, 2026, this Resolution, including but not limited to the approval of the Plans and the Agreement and the directions given in paragraphs 6-9 are null and void and of no further effect. The HRA may but is not required to, take such further action to confirm that this Resolution is null and void and of no further effect. ADOPTED by the HRA in and for the City of Eden Prairie this 6th day of January, 2026. ________________________ Ronald A. Case, Chair ATTEST: __________________________ Rick Getschow, Executive Director 3 EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments) is a housing district as defined in M.S., Section 469.174, Subd. 11. Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments) consists of one (1) parcel. The development will consist of the construction of 195 apartment units, including 39 units affordable at 50% of area median income and 10 units affordable at 80% of area median income, all or a portion of which will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 20 percent of the units receiving assistance will have incomes at or below 50 percent of area median income. Appendix C of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan is a housing district that meets the HRA's objectives for development and redevelopment. The cost of land acquisition, site and public improvements and utilities makes this housing development infeasible without HRA assistance. Due to decreased rental income from affordable units, there is insufficient cash flow to provide a sufficient rate of return, pay operating expenses, and service the debt. This leaves a gap in the funding for the project and makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the developer would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the cost of land acquisition, site and public improvements, utilities and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements as well as reduced rents required for affordable workforce housing in the City have made development infeasible without tax increment assistance. The HRA reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. 4 3. Finding that the TIF Plan for Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments) conforms to the general plan for the development or redevelopment of the municipality as a whole. The City Council reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments) will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. Through the implementation of the TIF Plan, the HRA will provide an impetus for residential development, which is desirable or necessary for increased population and an increased need for life-cycle housing within the City. Adoption Date: Janu ary 6, 2026 Eden Prairie Housing and Redevelopment Authority City of Eden Prairie, Hennepin County, Minnesota MODIFICATION TO THE DEVELOPMENT PROGRAM Redevelopment Project Area No. 5 & Tax Increment Financing (TIF) Plan Establishment of Tax Increment Financing District No. 27 (Roers) (a housing district) BUILDING COMMUNITIES. IT’S WHAT WE DO. Prepared by: Ehlers 30 01 Broadway Street, Suite 320 Minneapolis , Minnesota 55 4 13 TABLE OF CONTENTS Modification to the Development Program for Redevelopment Project Area No. 5 1 FOREWORD 1 Tax Increment Financing Plan for Tax Increment Financing District No. 27 (Roers) 2 FOREWORD 2 STATUTORY AUTHORITY 2 STATEMENT OF OBJECTIVES 2 DEVELOPMENT PROGRAM OVERVIEW 3 DESCRIPTION OF PROPERTY IN THE DISTRICT AND PROPERTY TO BE ACQUIRED 3 DISTRICT CLASSIFICATION 4 DURATION & FIRST YEAR OF DISTRICT’S TAX INCREMENT 4 ORIGINAL TAX CAPACITY, TAX RATE & ESTIMATED CAPTURED NET TAX CAPACITY VALUE/INCREMENT & NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS 4 SOURCES OF REVENUE/BONDS TO BE ISSUED 6 USES OF FUNDS 7 FISCAL DISPARITIES ELECTION 7 ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS 8 SUPPORTING DOCUMENTATION 10 DISTRICT ADMINISTRATION 10 Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District Appendix B: Estimated Cash Flow for the District Appendix C: Findings Including But/For Qualifications Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) Modification to the Development Program for Redevelopment Project Area No. 5 FOREWORD The following text represents a Modification to the Development Program for Redevelopment Project Area No. 5 . This modification represents a continuation of the goals and objectives set forth in the Development Program for Redevelopment Project Area No. 5 . Generally, the substantive changes include the establishment of Tax Increment Financing District No. 27 (Roers). For further information, a review of the Development Program for Redevelopment Project Area No. 5 , is recommended. It is available from the Community Development Director at the City of Eden Prairie . Other relevant information is contained in the tax increment financing plans for the tax increment financing districts locate d within Redevelopment Project Area No. 5. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 2 Tax Increment Financing Plan for Tax Increment Financing District No. 27 (Roers) FOREWORD The Eden Prairie Housing and Redevelopment Authority (the "HRA "), the City of Eden Prairie (the "City"), staff and consultants have prepared the following information to expedite the Establishment of Tax Increment Financing District No. 27 (Roers) (the "District"), a housing tax increment financing district, located in Redevelopment Project Area No. 5 . STATUTORY AUTHORITY Within the City , there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.001 - 469.047 , inclusive, as amended, and M.S., Sections 469.174 to 469.1794 , inclusive, as amended (the "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Development Program for Redevelopment Project Are a No. 5 . STATEMENT OF OBJECTIVES The District currently consists of two (2) parcel s of land and adjacent roads and internal rights -of -way. The District is being created to facilitate construction of 199 units of mixed -income apartments in the City . The HRA intends to enter into an agreement with Roers Companies for the project. Development is anticipated to begin in 2026 . This TIF Plan is expected to achieve many of the objectives outlined in t he Development Program for Redevelopment Project Area No. 5 . The activities contemplated in the Modification to the Development Program and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Redevelopment Project Area No. 5 and the District. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 3 DEVELOPMENT PROGRAM OVERVIEW Pursuant to t he Development Program and authorizing state statutes, the HRA or City is authorized to undertake the following activities in the District: 1. Property to be Acquired – Although not anticipated at this time, s elected property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a d eveloper's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. DESCRIPTION OF PROPERTY IN THE DISTRICT AND PROPERTY TO BE ACQUIRED The District encompasses all property and adjacent roads rights -of -way and abutting roadways identified by the parcels listed below. Parcel number Address Owner 01-116-22-24-0052 6436 City West Pkwy Duchossois Milestone R E LLC 01-116-22-24-0053 Unassigned Duchossois Milestone R E LLC Please also see the map in Appendix A for further information on the location of the District. The HRA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and ob jectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 4 Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. DISTRICT CLASSIFICATION The HRA and City , in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1794 , as amended, inclusive, find that the District, to be established, is a housing district pursuant to M.S., Section 469.174, Subd. 11 and M.S., Section 469.1761. $ The District consists of two (2) parcel s $ The development will consist of 199 units of multi -family rental housing $ 20% of the units will be occupied by person with incomes less than 50% of $ The project does not include any commercial, retail or other non - residential uses. Pursuant to M.S., Section 469.176, Subd. 7 , the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. DURATION & FIRST YEAR OF DISTRICT’S TAX INCREMENT Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1 , the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first increment by the HRA or City (a total of 26 years of tax increment). The HRA or City elects to receive the first tax increment in 2028 , which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2053 , or when the TIF Plan is satisfied. The HRA or City reserves the right to decertify the District prior to the legally required date. ORIGINAL TAX CAPACITY, TAX RATE & ESTIMATED CAPTURED NET TAX CAPACITY VALUE/INCREMENT & NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1 , the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2025 for taxes payable 2026 . Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 5 Pursuant to M.S., Section 469.177, Subds. 1 and 2 , the County Auditor shall certify in each year (beginning in the payment year 202 8) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the D istrict; 3. Change due to adjustments, negotiated or court -ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the HRA or City . The original local tax rate for the District will be the local tax rate for taxes payable 2026 , assuming the request for certification is made before June 30, 2026 . The rates for 202 6 were not available at the time the District was established. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4 , the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project Area No. 5 , upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 % of the available increase in tax capacity be used for repayment of the obligations of the HRA or City and current expenditures, beginning in the tax year payab le 2028 . The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. Development estimated Tax Capacity upon completion 1,153,561 Original estimated Net Tax Capacity 46,012 Fiscal Disparities 0 Estimated Captured Tax Capacity 1,107,549 Original Local Tax Rate 96.9480%Pay 2025 Estimated Annual Tax Increment $1,073,747 Percent Retained by the City 100% Project Tax Capacity Note: Tax capacity includes a 3% inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 2 6. The tax capacity of the District in year one is estimated to be $146,125 . Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 6 Pursuant to M.S., Section 469.177, Subd. 4 , the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4 , with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and found no parcels for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. SOURCES OF REVENUE/BONDS TO BE ISSUED The total estimated tax increment revenues for the District are shown in the table below: SOURCES Tax Increment 18,846,905$ Interest 1,884,691 TOTAL 20,731,596$ The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to issue bonds (as defined in the TIF Act) or incur other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by pay -as -you -go notes and interfund loans . Any refunding amounts will be deemed a budgeted cost without a formal modification to this TIF Plan. This provision does not obligate the HRA o r City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may issue bonds secured in whole or in part with tax increments from the District in a maximum principal amount of $12,013,846 . Such bonds may be in the form of pay -as -you -go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 7 USES OF FUNDS Currently under consideration for the District is a proposal to facilitate construction of 199 units of mixed -income apartments in the community. . The HRA and City have determined that it will be necessary to provide assistance to the project(s) for certain District costs, as described herein . The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES Land/Building Acquisition 5,250,000$ Site Improvements/Preparation 500,000 Affordable Housing 4,129,155 Utilities 250,000 Administrative Costs (up to 10%)1,884,691 PROJECT COSTS TOTAL 12,013,846$ Interest 8,717,750 PROJECT AND INTEREST COSTS TOTAL 20,731,596$ The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Revenue section. Estimated costs associated with the District are subject to change among categories without a modification to th e TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. The HRA may expend funds for qualified housing activities outside of the District boundaries. FISCAL DISPARITIES ELECTION Pursuant to M.S., Section 469.177, Subd. 3 , the HRA or City may elect one of two methods to calculate fiscal disparities. The HRA will choose to calculate fiscal disparities by clause b (inside). Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 8 E STIMATED IMPACT ON OTHER TAXING JURISDICTIONS The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the HRA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: Entity 2024/Pay 2025 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) upon completion Percent of CTC to Entity Total Hennepin County 2,605,319,580 1,107,549 0.0425% City of Eden Prairie 152,827,938 1,107,549 0.7247% ISD 272 (Eden Prairie Schools)146,099,588 1,107,549 0.7581% Impact on Tax Base Entity Pay 2025 Extension Rate Percent of Total CTC Potential Taxes Hennepin County 37.0810%38.25% 1,107,549 $ 410,690 City of Eden Prairie 30.7240%31.69% 1,107,549 340,283 ISD 272 (Eden Prairie Schools)20.7320%21.38% 1,107,549 229,617 Other 8.4110%8.68% 1,107,549 93,156 96.9480%100.00% $1,073,747 Impact on Tax Rates The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the Pay 202 5 rate. The total net capacity for the entities listed above are based on Pay 202 5 figures. The District will be certified under the Pay 202 6 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S., Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $18,846,905 ; Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 9 (2) Probable impact of the District on city provided services and ability to issue debt. An impact of the District on police protection is expected. With any addition of new residents or businesses, police calls for service will be increased. New developments add an increase in traffic, and additional overall demands to the call load. The Cit y does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. The probable impact of the District on fire protection is not expected to be significant. Typically new buildings generate few er calls and are of superior construction. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area. The current infrastructure for sanitary sewer, storm sewer and water will be able to h andle the additional volume generated from the proposed development. Based on the development plans, there are little to no additional costs associated with street maintenance, sweeping, plowing, lighting and sidewalks. The probable impact of the issuance of any general obligation tax increment bonds payable from tax increment revenues from the District on the City’s ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that ther e will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same is $4,030,3 47 ; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $7,208,6 28; Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 10 (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S., Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. SUPPORTING DOCUMENTATION Pursuant to M.S., Section 469.175, Subd. 1 (a), clause 7 th is TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S., Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. (i) In making said determination, reliance has been placed upon (1) written representation made by the Developer to such effects, (2) review of the Developer’s pro forma; and (3) City staff awareness of the feasibility of developing the project site within the District, which is further outlined in the City Council resolution approving the establishment of the District and Appendix C. (ii) A comparative analysis of estimated market value both with and without establishment of the District and the use of tax increments has been performed. Such analysis is included with the cashflow in Appendix B and indicates that the increase in estimated ma rket value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. DISTRICT ADMINISTRATION Administration of the District will be handle d by the Community Development Director . Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) Appendix B: Estimated Cash Flow for the District Roers MultifamilyCity of Eden Prairie, MN 199 Rental UnitsASSUMPTIONS AND RATESDistrictType:HousingDistrict Name/Number:County District #:Exempt Class Rate (Exempt)0.00%First Year Construction or Inflation on Value2026Commercial Industrial Preferred Class Rate (C/I Pref.)Existing District - Specify No. Years RemainingFirst $150,0001.50%Inflation Rate - Every Year:3.00%Over $150,0002.00%Interest Rate:5.00%Commercial Industrial Class Rate (C/I)2.00%Present Value Date:1-Aug-27Rental Housing Class Rate (Rental)1.25%First Period Ending1-Feb-28Affordable Rental Housing Class Rate (Aff. Rental)Tax Year District was Certified:Pay 2026First $100,000 0.25%Cashflow Assumes First Tax Increment For Development: 2028 Over $100,000 0.25%Years of Tax Increment 26 Non-Homestead Residential (Non-H Res. 1 Unit)Assumes Last Year of Tax Increment2053First $500,0001.00%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,0001.25%Incremental or Total Fiscal DisparitiesIncrementalHomestead Residential Class Rate (Hmstd. Res.)Fiscal Disparities Contribution Ratio38.2351% Pay 2025First $500,0001.00%Fiscal Disparities Metro-Wide Tax Rate123.8880% Pay 2025Over $500,0001.25%Maximum/Frozen Local Tax Rate: 96.948% Pay 2025Agricultural Non-Homestead1.00%Current Local Tax Rate: (Use lesser of Current or Max.)96.948% Pay 2025State-wide Tax Rate (Comm./Ind. only used for total taxes)28.8570% Pay 2025Market Value Tax Rate (Used for total taxes)0.21908% Pay 2025Building Total PercentageTax Year Property CurrentClassAfterLandMarket Market Of Value Used OriginalOriginalTaxOriginalAfterConversionMap ID PIDOwner AddressMarket Value ValueValue for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap.101-116-22-24-0052 Duchossois 6436 City West Pkwy1,708,000 2,674,0004,382,000 80% 3,505,600 Pay 2026C/I Pref.69,362 Rental43,820 1201-116-22-24-0052 Duchossois 6436 City West Pkwy1,708,000 2,674,0004,382,000 20% 876,400 Pay 2026C/I Pref.16,778 Aff. Rental2,191 01-116-22-24-0053 Duchossois Unassigned 100 0100 80% 80 Pay 2026C/I Pref.1 Rental1 01-116-22-24-0053 Duchossois Unassigned 100 0100 20% 20 Pay 2026C/I Pref.0 Aff. Rental0 3,416,200 5,348,000 8,764,2004,382,100 86,14246,012Note:1. Base values are for pay 2026 based on review of County website on 6-27-25.2. Located in SD #272, WS #1Area/ PhaseTax Rates BASE VALUE INFORMATION (Original Tax Capacity) Roers MultifamilyCity of Eden Prairie, MN 199 Rental UnitsEstimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First YearMarket Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full TaxesArea/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./UnitsValueClass Tax Capacity Capacity/Unit 2026202720282029PayableApartments 280,000280,000 15944,520,000 Rental 556,500 3,500 25% 75% 100% 100% 2030Apartments 280,000280,000 4011,200,000Aff. Rental 28,000700 25%75%100%100%2030TOTAL55,720,000 584,500 Subtotal Residential199 55,720,000 584,500 Subtotal Commercial/Ind.00 0 Note:1. Market values are based upon estimates from the City assessor.TotalFiscal LocalLocalFiscal State-wide MarketTaxDisparitiesTax Property Disparities PropertyValueTotalTaxes PerNew Use Capacity Tax Capacity CapacityTaxesTaxesTaxesTaxesTaxes Sq. Ft./UnitApartments 556,5000556,500539,5160097,534637,050 4,006.60Apartments 28,000028,00027,145006,13433,280831.99TOTAL584,5000584,500566,66100103,669670,330Note: 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 670,330Current Market Value - Est. 4,382,100less State-wide Taxes 0New Market Value - Est. 55,720,000less Fiscal Disp. Adj. 0 Difference 51,337,900less Market Value Taxes (103,669)Present Value of Tax Increment 9,193,614less Base Value Taxes (44,608) Difference 42,144,286Annual Gross TIF 522,053Value likely to occur without Tax Increment is less than:42,144,286 WHAT IS EXCLUDED FROM TIF?MARKET VALUE BUT / FOR ANALYSISTAX CALCULATIONSPROJECT INFORMATION (Project Tax Capacity) Roers MultifamilyCity of Eden Prairie, MN 199 Rental UnitsTAX INCREMENT CASH FLOWProject Original Fiscal CapturedLocal Annual Semi-Annual State Admin. Semi-Annual Semi-Annual PERIOD% of TaxTax Disparities TaxTax Gross Tax Gross Tax AuditoratNet Tax Present ENDING Tax PaymentOTC Capacity Capacity Incremental CapacityRate Increment Increment 0.36%10% Increment Value Yrs. Year Date- - - - 02/01/28100% 146,125 (46,012) - 100,113 96.948% 97,058 48,529 (175) (4,835) 43,519 41,422 0.5 2028 08/01/28100% 146,125 (46,012) - 100,113 96.948% 97,058 48,529 (175) (4,835) 43,519 81,833 1 2028 02/01/29100% 438,375 (46,012) - 392,363 96.948% 380,388 190,194 (685) (18,951) 170,558 236,351 1.5 2029 08/01/29100% 438,375 (46,012) - 392,363 96.948% 380,388 190,194 (685) (18,951) 170,558 387,099 2 2029 02/01/30100% 584,500 (46,012) - 538,488 96.948% 522,053 261,027 (940) (26,009) 234,078 588,944 2.5 2030 08/01/30100% 584,500 (46,012) - 538,488 96.948% 522,053 261,027 (940) (26,009) 234,078 785,866 3 2030 02/01/31100% 602,035 (46,012) - 556,023 96.948% 539,053 269,527 (970) (26,856) 241,701 984,241 3.5 2031 08/01/31100% 602,035 (46,012) - 556,023 96.948% 539,053 269,527 (970) (26,856) 241,701 1,177,778 4 2031 02/01/32100% 620,096 (46,012) - 574,084 96.948% 556,563 278,281 (1,002) (27,728) 249,552 1,372,727 4.5 2032 08/01/32100% 620,096 (46,012) - 574,084 96.948% 556,563 278,281 (1,002) (27,728) 249,552 1,562,922 5 2032 02/01/33100% 638,699 (46,012) - 592,687 96.948% 574,598 287,299 (1,034) (28,626) 257,638 1,754,490 5.5 2033 08/01/33100% 638,699 (46,012) - 592,687 96.948% 574,598 287,299 (1,034) (28,626) 257,638 1,941,386 6 2033 02/01/34100% 657,860 (46,012) - 611,848 96.948% 593,174 296,587 (1,068) (29,552) 265,967 2,129,619 6.5 2034 08/01/34100% 657,860 (46,012) - 611,848 96.948% 593,174 296,587 (1,068) (29,552) 265,967 2,313,260 7 2034 02/01/35100% 677,596 (46,012) - 631,584 96.948% 612,308 306,154 (1,102) (30,505) 274,547 2,498,201 7.5 2035 08/01/35100% 677,596 (46,012) - 631,584 96.948% 612,308 306,154 (1,102) (30,505) 274,547 2,678,632 8 2035 02/01/36100% 697,924 (46,012) - 651,912 96.948% 632,015 316,008 (1,138) (31,487) 283,383 2,860,327 8.5 2036 08/01/36100%697,924 (46,012) - 651,912 96.948% 632,015 316,008 (1,138) (31,487) 283,383 3,037,591 9 2036 02/01/37100% 718,861 (46,012) - 672,849 96.948% 652,314 326,157 (1,174) (32,498) 292,484 3,216,086 9.5 2037 08/01/37100% 718,861 (46,012) - 672,849 96.948% 652,314 326,157 (1,174) (32,498) 292,484 3,390,227 10 2037 02/01/38100% 740,427 (46,012) - 694,415 96.948% 673,222 336,611 (1,212) (33,540) 301,859 3,565,567 10.5 2038 08/01/38100% 740,427 (46,012) - 694,415 96.948% 673,222 336,611 (1,212) (33,540) 301,859 3,736,629 11 2038 02/01/39100% 762,640 (46,012) - 716,628 96.948% 694,756 347,378 (1,251) (34,613) 311,515 3,908,858 11.5 2039 08/01/39100% 762,640 (46,012) - 716,628 96.948% 694,756 347,378 (1,251) (34,613) 311,515 4,076,886 12 2039 02/01/40100% 785,519 (46,012) - 739,507 96.948% 716,937 358,469 (1,290) (35,718) 321,460 4,246,050 12.5 2040 08/01/40100% 785,519 (46,012) - 739,507 96.948% 716,937 358,469 (1,290) (35,718) 321,460 4,411,088 13 2040 02/01/41100% 809,085 (46,012) - 763,073 96.948% 739,784 369,892 (1,332) (36,856) 331,704 4,577,231 13.5 2041 08/01/41100% 809,085 (46,012) - 763,073 96.948% 739,784 369,892 (1,332) (36,856) 331,704 4,739,322 14 2041 02/01/42100% 833,357 (46,012) - 787,345 96.948% 763,315 381,658 (1,374) (38,028) 342,255 4,902,490 14.5 2042 08/01/42100% 833,357 (46,012) - 787,345 96.948% 763,315 381,658 (1,374) (38,028) 342,255 5,061,678 15 2042 02/01/43100% 858,358 (46,012) - 812,346 96.948% 787,553 393,777 (1,418) (39,236) 353,123 5,221,915 15.5 2043 08/01/43100% 858,358 (46,012) - 812,346 96.948% 787,553 393,777 (1,418) (39,236) 353,123 5,378,243 16 2043 02/01/44100% 884,109 (46,012) - 838,097 96.948% 812,518 406,259 (1,463) (40,480) 364,317 5,535,594 16.5 2044 08/01/44100% 884,109 (46,012) - 838,097 96.948% 812,518 406,259 (1,463) (40,480) 364,317 5,689,106 17 2044 02/01/45100% 910,632 (46,012) - 864,620 96.948% 838,232 419,116 (1,509) (41,761) 375,846 5,843,614 17.5 2045 08/01/45100% 910,632 (46,012) - 864,620 96.948% 838,232 419,116 (1,509) (41,761) 375,846 5,994,354 18 2045 02/01/46100% 937,951 (46,012) - 891,939 96.948% 864,717 432,358 (1,556) (43,080) 387,722 6,146,063 18.5 2046 08/01/46100% 937,951 (46,012) - 891,939 96.948% 864,717 432,358 (1,556) (43,080) 387,722 6,294,073 19 2046 02/01/47100% 966,089 (46,012) - 920,077 96.948% 891,997 445,998 (1,606) (44,439) 399,953 6,443,028 19.5 2047 08/01/47100% 966,089 (46,012) - 920,077 96.948% 891,997 445,998 (1,606) (44,439) 399,953 6,588,350 20 2047 02/01/48100% 995,072 (46,012) - 949,060 96.948% 920,095 460,047 (1,656) (45,839) 412,552 6,734,593 20.5 2048 08/01/48100% 995,072 (46,012) - 949,060 96.948% 920,095 460,047 (1,656) (45,839) 412,552 6,877,270 21 2048 02/01/49100% 1,024,924 (46,012) - 978,912 96.948% 949,036 474,518 (1,708) (47,281) 425,529 7,020,845 21.5 2049 08/01/49100% 1,024,924 (46,012) - 978,912 96.948%949,036 474,518 (1,708) (47,281) 425,529 7,160,918 22 2049 02/01/50100% 1,055,672 (46,012) - 1,009,660 96.948% 978,845 489,423 (1,762) (48,766) 438,895 7,301,867 22.5 2050 08/01/50100% 1,055,672 (46,012) - 1,009,660 96.948% 978,845 489,423 (1,762) (48,766) 438,895 7,439,378 23 2050 02/01/51100% 1,087,342 (46,012) - 1,041,330 96.948% 1,009,549 504,774 (1,817) (50,296) 452,661 7,577,744 23.5 2051 08/01/51100% 1,087,342 (46,012) - 1,041,330 96.948% 1,009,549 504,774 (1,817) (50,296) 452,661 7,712,735 24 2051 02/01/52100% 1,119,962 (46,012) - 1,073,950 96.948% 1,041,173 520,587 (1,874) (51,871) 466,841 7,848,558 24.5 2052 08/01/52100% 1,119,962 (46,012) - 1,073,950 96.948% 1,041,173 520,587 (1,874) (51,871) 466,841 7,981,070 25 2052 02/01/53100% 1,153,561 (46,012) - 1,107,549 96.948% 1,073,747 536,873 (1,933) (53,494) 481,447 8,114,393 25.5 2053 08/01/53100% 1,153,561 (46,012) - 1,107,549 96.948% 1,073,747 536,873 (1,933) (53,494) 481,447 8,244,465 26 2053 02/01/54 Total18,914,999 (68,094) (1,884,691) 16,962,215 Present Value From 08/01/2027 Present Value Rate 5.00%9,193,614 (33,097) (916,052) 8,244,465 Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) Appendix C: Findings Including But/For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 27 (Roers), as required pursuant to Minnesota Statutes, (M.S.) Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 27 (Roers) is a housing district as defined in M.S., Section 469.174, Subd. 11. Tax Increment Financing District No. 27 (Roers) consists of two (2) parcel s. The development will consist of construction of 199 units of mixed -income apartments in the community , all or a portion of which will receive tax increment assistance and will meet income restrictions described in M.S. Section 469.1761. At least 20% of the units receiving assistance will be occupied by individuals and families whose incomes are at or below 50% of area median income. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in th e TIF P lan is a housing district that meets the City's objectives for development and redevelopment. The cost of land acquisition, site and public improvements and utilities makes this housing development infeasible without City assistance. Due to decreased rental in come from affordable units, there is insufficient cash flow to provide a sufficient rate of return, pay operating expenses, and service the debt. This leaves a gap in the funding for the project and makes this housing development feasible only through assi stance, in part, from tax increment financing. The Developer was asked for and provided a letter and a pro forma as justification that the Developer would not have gone forward without tax increment assistance. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present val ue of the projected tax increments for the maximum duration of the District permitted by the TIF Plan: This finding is justified on the grounds that the cost of land acquisition, site and public improvements, utilities and construction of affordable housin g add to the total development cost. Historically, the costs of site and public improvements as well as reduced rents required for affordable workforce housing in the City have made development infeasible without tax increment assistance. The City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 27 (Roers) conforms to the general plan for the development or redevelopment of the municipality as a whole. The City Council reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for Tax Increment Financing District No. 27 (Roers) will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. Through the implementation of the TIF Plan, the City will provide an impetus for residential development, which is desirable or necessary for increased population and an increased need for life -cycle housing within the City. The TIF Plan also helps the HRA or the City meet their goal of providing more affordable housing options in the City. FINAL DRAFT 12/29/25 TAX INCREMENT DEVELOPMENT AGREEMENT BY AND BETWEEN HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA AND ROERS EDEN PRAIRIE APARTMENTS LLC This document drafted by: GREGERSON, ROSOW, JOHNSON & NILAN, LTD 100 Washington Ave. S. Suite 1550 Minneapolis, MN 55401 2 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS ...................................................................................... 5 Section 1.1 Definitions............................................................................................ 5 ARTICLE II REPRESENTATIONS AND WARRANTIES .................................... 7 Section 2.1 Representations and Warranties of the HRA ....................................... 7 Section 2.2 Representations and Warranties of the Developer ............................... 7 ARTICLE III UNDERTAKINGS BY DEVELOPER AND HRA ............................ 9 Section 3.1 Project, Site Improvements and Development Property ...................... 9 Section 3.2 Limitations on Undertaking of the HRA ............................................. 9 Section 3.3 Reimbursement: TIF Note ................................................................... 9 Section 3.4 Compliance with Low and Moderate Income Requirements ............ 10 Section 3.5 Assessment Agreement ...................................................................... 14 Section 3.6 Tax Rate Classification ...................................................................... 14 Section 3.7 Lookback............................................................................................ 14 Section 3.8 Trail Construction .............................................................................. 16 ARTICLE IV EVENTS OF DEFAULT ...................................................................... 17 Section 4.1 Events of Default Defined ................................................................. 17 Section 4.2 Remedies on Default .......................................................................... 17 Section 4.3 No Remedy Exclusive........................................................................ 19 Section 4.4 No Implied Waiver ............................................................................ 19 Section 4.5 Agreement to Pay Attorney's Fees and Expenses .............................. 19 Section 4.6 Indemnification of HRA .................................................................... 19 ARTICLE V HRA DEFAULT AND REMEDIES ................................................... 20 Section 5.1 The Developer's Option to Terminate ................................................ 20 Section 5.2 Action to Terminate ........................................................................... 20 Section 5.3 Effect of Termination ......................................................................... 20 Section 5.4 HRA Covenant to Comply ................................................................. 20 ARTICLE VI ADDITIONAL PROVISIONS Section 6.1 Restrictions on Use ............................................................................ 21 Section 6.2 Conflicts of Interest........................................................................... 21 Section 6.3 Titles of Articles and Sections ........................................................... 21 Section 6.4 Notices and Demands ....................................................................... 21 Section 6.5 Counterparts ...................................................................................... 21 Section 6.6 Law Governing ................................................................................. 22 Section 6.7 Provisions Surviving Rescission or Expiration................................. 22 Section 6.8 Assignability of Agreement ............................................................... 22 Section 6.9 Certification by HRA Upon Transfer of the Project .......................... 22 Section 6.10 Financing of the Project ..................................................................... 23 Section 6.11 Agreement Binding and Transfer of Project ...................................... 23 EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY ........................................... A EXHIBIT B FORM OF TIF NOTE ............................................................................................. B 3 EXHIBIT C SITE IMPROVEMENTS ........................................................................................ C EXHIBIT D MULTIFAMLY RENT AND INCOME LIMITS ................................................. D EXHIBIT E AFFORDABLE UNIT COMPLIANCE CERTIFICATE ....................................... E EXHIBIT F AFFORDABLE UNIT RENT ROLL ...................................................................... F EXHIBIT G INCLUSIONARY UNIT COMPLIANCE CERTIFICATE.................................. G EXHIBIT H INCLUSIONARY UNIT RENT ROLL ................................................................ H EXHIBIT I INCOME CERTIFICATION .................................................................................... I EXHIBIT J FORM OF ASSESSMENT AGREEMENT ............................................................. J EXHIBIT K SAMPLE LOOKBACK CALCULATION ........................................................... K EXHIBIT L PRO FORMA FINANCIAL STATEMENT ........................................................... L 4 TAX INCREMENT DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the _____ day of _________________, 2026, 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 Roers Eden Prairie Apartments LLC, a Delaware limited liability company, with its principal place of business at Two Carlson Parkway, Suite 400, Plymouth, MN 55447 (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. 27: Roers Eden Prairie Apartments (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; and 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. 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: 5 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 form attached hereto as Exhibit E; Affordable Units means the thirty-nine (39) 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; TIF District Expiration Date means the date the Tax Increment District duration expires, which will be December 31, 2053 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 90% of the Tax Increments; 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 Roers Eden Prairie Apartments LLC, a Delaware limited liability company, its successors and assigns; Development Property means the real property described in Exhibit A attached to this Agreement; Event of Default means any of the events described in Section 4.1 hereof; Executive Director means the Executive Director of the HRA; HRA means the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota; Inclusionary Units means the minimum of ten (10) 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 6 Certificate in substantially the form attached hereto as Exhibit G; Owner means Roers Eden Prairie Apartments LLC, a Delaware limited liability company, its successors and assigns Prime Rate means the rate of interest from time to time officially 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 means the construction of a 195-unit multifamily rental housing building by the Developer on the Development Property commonly referred to as Roers Eden Prairie Apartments; 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 the lesser of Four Million Nine Hundred Eighty Thousand Eight Hundred Sixteen and 25/100 Dollars ($4,980,816.25) or the costs actually incurred and paid by the Developer for the acquisition of the Development Property and the cost of the Site Improvements, subject to any Trail Cost Reduction as provided in Section 3.8; Site Improvements means the site improvements undertaken or to be undertaken on the Development Property, more particularly described on Exhibit C attached hereto; 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. 27 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 the Tax Increment Financing District by the HRA on _________________, 2026, and any future amendments thereto; TIF Note means the Tax Increment Revenue Note (Roers Project) 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; 7 TIF Note Payment Date means August 1, 2028, 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 the Reimbursement Amount or February 1, 2049; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date will be the next succeeding Business Day; TIF Revenue is the amount of the Tax Increments received by Developer in any given year; 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, 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, 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) To finance certain costs within the Tax Increment District, the HRA proposes, subject to the further provisions of this Agreement and the TIF Note, to apply Tax Increments to reimburse the Developer for acquisition of the Development Property and a portion of the costs of the construction of certain Site Improvements incurred in connection with the Project as further provided in this Agreement. (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: 8 (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) Upon acquisition of the Development Property, the Developer will cause the Project to be constructed in accordance with the terms of this Agreement, the Redevelopment Plan, the Development Agreement between Developer and the City dated ______________ relating to the construction and development of the Project, 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). (3) The construction of the Project 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. (4) 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 Project may be lawfully constructed. (5) 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. (6) The Developer will use its best efforts in cooperating with the HRA with respect to any third-party litigation commenced against the HRA or the City of Eden Prairie with respect to the Project. (7) The Developer will use its best efforts in cooperating 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. (8) Construction of the Project will be substantially completed by December 31, 2028, subject to Unavoidable Delays. (9) 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. 9 (10) The Developer will not seek a reduction in the market value (as determined by the City Assessor) of the Project or other facilities, if any, that it constructs on the Development Property, 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 Developer will pay the costs of the Development Property and the Site Improvements. The HRA will reimburse the Developer for the Reimbursement Amount, as further provided in Section 3.3 hereof. Section 3.2 Limitations on Undertaking of the HRA. Notwithstanding the provisions of Section 3.1, 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 in substantially the form attached to this Agreement as Exhibit B, subject to the following conditions: (1) The 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 Development Property and of the construction of Site Improvements in the amount of the Reimbursement Amount, as described in and limited by Section 3.1; and (ii) the Developer has submitted paid invoices for the costs of construction of the 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 Development Property, which are collectively in an amount not less than the Reimbursement Amount. (2) The initial amount of the TIF Note will be the Reimbursement Amount less any Trail Cost Reduction as described in Section 3.8. The unpaid principal of the TIF Note will bear simple non-compounding interest from the date of issuance of the TIF Note, at the rate equal to the lesser of 6.25% per annum or the rate per annum on the Developer’s permanent first lien mortgage financing for the construction of the Project Interest will be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. (3) The Tax Increment District has a maximum duration of twenty-six (26) years under the Tax Increment Act. The TIF Note is payable by the HRA to Developer over a maximum of twenty-one (21) years or until the Reimbursement Amount is paid in full, whichever occurs first. Developer must continue to meet its obligations under this Agreement, including provision of the Affordable Units as provided in Section 3.4, until 10 the TIF District Expiration Date, despite the earlier completion of the TIF Payments. (4) The principal amount of the TIF Note and the interest thereon will be payable solely from the Available Tax Increments. (5) On each TIF Note Payment Date and subject to the provisions of the TIF Note, the HRA will pay, against the principal and interest outstanding on the TIF Note, any Available Tax Increments received by the HRA during the preceding six (6) months. All such payments will be applied first to accrued interest and then to reduce the principal of the TIF Note. (6) The TIF Note will be a special and limited obligation of the HRA and not a general obligation of the HRA, and only Available Tax Increments will be used to pay the principal and interest on the TIF Note. 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 in excess of the amounts needed to pay the accrued interest then due on the TIF Note. (7) 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 Agreement beyond any applicable notice and cure period and (B) this Agreement has not been rescinded pursuant to Section 4.2. (8) The TIF Note will be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the TIF Note and the terms of this Section 3.3, the terms of the TIF Note will govern. The issuance of the TIF Note 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. (1) 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 Developer must meet the above requirements as follows: (A) Affordable Units. At least thirty-nine (39) of the residential units in the Project 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 20 one-bedroom units, 16 two-bedroom units, and 3 three-bedroom units. The obligation of Developer to provide the Affordable Units will survive and 11 remain in full force and effect through the TIF District Termination Date. (B) Inclusionary Units. For so long as the Development Property is used for a residential rental project, a minimum of ten (10) units in the Project 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 5 one-bedroom units, 4 two-bedroom units, and 1 three-bedroom unit. The Inclusionary Units are subject, including rents and incomes, to review and approval by the City in accordance with the terms of this Agreement. 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. For so long as Developer is obligated to provide such units under this Agreement, Developer must restrict gross 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. Fees and charges for services or amenities in excess of base rent shall be included in the maximum gross rent if payment of such fees or charges is required as a condition of occupancy, in accordance with the Tax Increment Act, Section 142(d) of the Internal Revenue Code, and Treasury Regulation 26 C.F.R. § 1.42-11. If the cost of any utility (other than telephone, cable television, or internet) for an Affordable Unit or Inclusionary Unit is paid directly by the tenant(s), and not by or through Developer, the gross rent for that unit includes the applicable utility allowance determined in accordance with 26 C.F.R. 1.42-10. If the costs of a particular utility are paid pursuant to an actual-consumption submetering arrangement within the meaning of that section, then that cost is treated as paid directly by the tenant and not by or through the owner. If all utilities are paid by the owner, there is no utility allowance and the costs of utilities shall be included in gross rent. (D) Income Increase. Developer shall comply with the requirements of 26 U.S.C. § 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. 12 (A) Compliance Certificate. On or before each January 1 and July 1, commencing on January 1, 2029 and continuing through the TIF District Expiration Date, 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 attached hereto, 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 the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code) for the reporting period, a statement of the household income of each qualifying renter, a written determination that each qualifying renter’s household income falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and 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 1, commencing on January 1, 2029 and continuing through the TIF District Expiration Date, the Developer or an agent of the Developer must deliver or cause to be delivered to the Executive Director a Rent Roll Certificate 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 together with a written certificate reasonably satisfactory to the Executive Director that Developer is in compliance with the covenants in Section 3.4(1)(A) and (C). The Affordable Unit Rent Roll must set forth (i) the rent for each Affordable Unit and (ii) for each Affordable Unit, the rent for a comparable market rate unit. The Executive Director will review the Affordable Unit Rent Roll and will approve any proposed Affordable Unit Rent Roll, provided such rents are not in excess of the rent limits in this Section 3.4(C). Any Affordable Unit Rent Roll submitted by the Developer will be considered approved unless disapproved by the Executive Director within sixty (60) days after submission. The Executive Director must provide written reasons if any Affordable Unit Rent Roll is disapproved. The Developer will have sixty (60) days following receipt of any notice of disapproval to cure any objections the Executive Director has made in its notice of disapproval and to submit a revised Affordable Unit Rent Roll to the Executive Director for review and approval as provided in this Section. The Developer’s failure to obtain the Executive Director’s approval of a revised Affordable Unit Rent Roll during such sixty (60) day cure period will constitute a default by Developer. (4) Reporting Requirements – Inclusionary Units. (A) Compliance Certificate. On or before each January 1 of each year, commencing on January 1, 2029 the Developer or an agent of the Developer must deliver or cause to be delivered to the Executive Director an Inclusionary Unit Compliance Certificate in substantially the form shown on Exhibit G attached 13 hereto, executed by the Developer covering the preceding twelve (12) months together with written evidence satisfactory to the Executive Director 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 falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and 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 Executive Director 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 preceding calendar year. (B) Rent Roll. On or before each January 1 commencing on January 1, 2029 the Developer or an agent of the Developer must deliver or cause to be delivered to the Executive Director 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 Executive Director 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 Executive Director 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 Executive Director within sixty (60) days after submission. The Executive Director 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 Executive Director has made in its notice of disapproval and to submit a revised Inclusionary Unit Rent Roll to the Executive Director for review and approval as provided in this Section. The Developer’s failure to obtain the Executive Director’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, commencing on January 1, 2029 and continuing (a) for the Affordable Units, for so long as Developer is obligated to provide such units under this Agreement and (b) for the Inclusionary Units, in perpetuity for so long as the Development Property is used for a residential rental project, the Developer or an agent of the Developer must deliver or cause to be delivered to the Executive Director 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, 14 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. The Assessment Agreement in form attached hereto as Exhibit J, must be executed by the Developer and the HRA as of the date of execution of this Agreement, and the Owner must cause the Assessment Agreement and an executed Assessor’s Certificate, in the form attached thereto, to be recorded against the Development Property. Section 3.6 Tax Rate Classification. In the event of legislative changes reducing the tax rate classification of certain qualified low-income rental housing under Minn. Stat. § 273.13, subdivision 25(e), Developer expressly agrees and acknowledges that the HRA will require the Developer to exchange the TIF Note for a replacement TIF Note issued in a principal amount determined based on revised projections of Available Tax Increments as calculated by the HRA or its tax increment financing consultant, provided that such projections will only take into account the reduced present value of tax increments resulting from the legislative changes. Developer will so exchange the TIF note upon request of the HRA. The HRA will have no right to change (i) the length in time which the then-adjusted Available Tax Increments are paid, which shall be a maximum of 21 years, (ii) the percentage in which it determines the Available Tax Increments, which will be at ninety percent (90%) of the Tax Increment attributable to the Development Property and paid to the HRA by the County in the six months preceding the TIF Note Payment Date, or (iii) to change any date of performance as defined in the TIF Note. Notwithstanding the date the HRA determines the adjusted principal amount of the TIF Note, such adjustment will date back to the date any such legislative change affects Available Tax Increments. Section 3.7 Lookback. (1) Generally. The financial assistance to the Developer under this Agreement is based on certain assumptions regarding likely performance of the Project, including operating revenues, expenses, and development costs of constructing the Project. The HRA and the Developer agree that the actual financial performance of the Project will be reviewed at the time described in this Section, and that the Reimbursement Amount 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%. (2) Definitions. For the purposes of this Section 3.7, 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; (ii) two years after the date of completion of the Project, as evidenced by the City’s issuance of a Certificate of Completion, or; (B) at least 30 days prior to the sale of the Project. “Yield on Cost Return” means NOI divided by the Project’s actual Total Development Costs, calculated as set forth in the sample lookback calculation attached as Exhibit K. “Net Operating Income (NOI)” means total annual income and other project-derived annual revenue, including payments under the TIF Note, less Operating Expenses, which exclude debt service payments. For purposes of the Yield on Cost Return calculation on 15 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 the Project 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” means the Project cash flow pro forma model financial statement projecting future returns, a summary of which is attached to this Agreement as Exhibit L. “Stabilization” means the calendar month-end date on which the Project has first achieved an average occupancy of 90% during the preceding 12 calendar months, or such 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 the Project 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, the Developer must deliver to the HRA and Consultant, at a minimum, (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 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, the TIF Note will remain set at the Reimbursement Amount. (6) If the Consultant determines, based on such review, that the average annual Yield on Cost Return over the term of the TIF Note exceeds 7.25% (to be calculated in a manner comparable to the sample attached as Exhibit K), then the Reimbursement Amount of the TIF Note will be reduced by an amount calculated in the manner the Consultant determines is 16 consistent with clause (7) below. In no event, however, will the Reimbursement Amount reduced below $4,980,816.25 (7) The Consultant will determine the amount of the reduction of the Reimbursement Amount of the TIF Note, 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. (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”). 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 in exchange for a new TIF Note in the Revised TIF Note Reimbursement Amount. Section 3.8 Trail Construction. In connection with the Project and at the request of the City and the HRA, Developer has agreed to construct and pay for a public trail on parcels adjacent to the Development Property in substantially the same location, design, and materials that were used to calculate the Estimated Trail Costs, with any proposed modifications subject to the prior consent of the City, which consent may be granted or withheld in the City’s reasonable discretion (the “Trail”), which trail will connect to a trail to be constructed on the Development Property. The cost to construct the Trail is estimated at $366,825.00. The Reimbursement Amount includes an amount equal to this estimated cost plus an additional 25% contingency, for a total of $458,531.25 (the “Estimated Trail Costs”). In conjunction with Developer’s submissions under Section 3.3(1), Developer shall also submit to the City and the HRA a detailed itemization of its costs incurred in constructing the Trail (the “Actual Trail Costs”). If the Actual Trail Costs are less than the Estimated Trail Costs, the Reimbursement Amount shall be reduced by the difference between Estimated Trail Costs and the Actual Trail Costs (the “Trail Cost Reduction”) and the Principal Amount of the TIF Note will reflect this reduction. If the Actual Trail Costs exceed the Estimated Trail Costs, the City/HRA will reimburse Developer for the excess costs with other City funds, up to a maximum of $60,000. 17 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 Project 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 (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. 18 (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 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 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 6.25% 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 the TIF Note 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 under this Agreement and the TIF Note 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 the TIF Note. (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 the TIF Note, the obligations under Section 3.4 remain in full force and effect. (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 in perpetuity for so long as the Development Property is used for a residential rental project, including 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 execute and record an instrument against the Development Property providing for the 19 Inclusionary Units as set forth in this Agreement. Notwithstanding any provision to the contrary herein, after the termination of this Agreement, the HRA’s remedies as related to covenants and restrictions related to the Inclusionary Units shall be limited to the equitable remedies of specific performance and injunctive relief, as applicable. (7) The obligation of Developer to provide Affordable Units through and until the TIF District Expiration Date as set forth in this Agreement in Sections 3.4(1) will survive and remain in full force and effect after the exercise of any remedy including but not limited to earlier 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 and until the TIF District Expiration Date as set forth in this Agreement. 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. 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 20 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. 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 Developer Termination. Except as provided in Section 6.7, 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 except as provided in Sections 4.2(6) and 4.2(7); provided, however, that the HRA will have no further obligations to the Developer with respect to reimbursement of the expenses set forth in Section 3.2. 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 21 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. The provisions of this Section are subject to the provisions of Section 5.1 and the opportunity to cure. 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. 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 (1) in the case of the Developer is addressed to or delivered personally to: Roers Eden Prairie Apartments LLC Attention: General Counsel Two Carlson Parkway #400 Plymouth, Minnesota 55447 Email: brian@roerscompanies.com (2) in the case of the HRA is addressed to or delivered personally to the HRA at: 22 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 Email: jklima@edenprairie.org with a copy to: Gregerson, Rosow, Johnson & Nilan, Ltd. Attention: Margaret Neuville 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401 mneuville@grjn.com 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 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) 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 TIF District Expiration Date. Section 6.8 Assignability of Agreement. This Agreement may be assigned to a new Developer only with the consent of the Executive Director, 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 23 Developer or other transferor sells or transfers the Project or any portion to any person and assigns 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, provided that the Executive Director has consented to the assignment as provided in Section 6.9. 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, assign the TIF Note and/or payments thereunder to a lender having a mortgage encumbering the Development, or collaterally assign this Agreement to provide security for the financing. If a financing party requires HRA to consent in writing to the financing, assignment or collateral assignment, the Executive Director is authorized to execute any requested document after review and approval by the City Attorney. 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 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. 24 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 STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _____ day of ____________, 2026, by Ronald A. Case and Rick Getschow, respectively the Chair and 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 25 Roers Eden Prairie Apartments LLC, a Delaware limited liability company By: ______________________________ Its STATE OF MINNESOTA) ) SS. COUNTY OF __________) The foregoing instrument was acknowledged before me this _________ day of _____________, 2026, by ____________________________, the ___________ of Roers Eden Prairie Apartments LLC, a Delaware limited liability company, on behalf of the company. ___________________________________ Notary Public 26 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Lot 1, Block 1, and Outlot A, Primeland 5th Addition, according to the recorded plat thereof, situate in Hennepin County, Minnesota. Abstract property EXHIBIT B FORM OF TAX INCREMENT NOTE 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 20___ TAX INCREMENT FINANCING DISTRICT # 27 WITHIN REDEVELOPMENT PROJECT AREA NO. 5 PRINCIPAL AMOUNT: $________________ INTEREST RATE: 4% 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 Roers Eden Prairie Apartments LLC, a Delaware limited liability company (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 _________________________________________ (the “Principal Amount”), commencing on August 1, 2028 and continuing on each August 1 and February 1 thereafter up to and including February 1, 2049 (the “Scheduled Payment Dates”). Simple interest at the rate of six and one- quarter percent (6.25%) 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, 2028, all payments made by the HRA will be applied first to accrued interest and then to the Principal Amount of this TIF Note. This Tax Increment Revenue Note of 20__ (“TIF Note”) is issued pursuant, and subject, to the terms and provisions of that certain Tax Increment Development Agreement, dated as of _____________, 2026, 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 (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 (the “TIF Note Payment Amounts”) will be payable on August 1, 2028, and on each February 1 and August 1 thereafter to and including the earlier of the date on which total principal payments equal $_____________________ or February 1, 2049, 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 at the close of the last Business Day preceding such Note Payment Date, the Available Tax Increments (as defined in the TIF Development Agreement) 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 and then to the unpaid principal of the TIF Note. The HRA will not be required to make any payments on the Note subsequent to the date on which total principal payments equal $__________________ or February 1, 2049, 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 $4,980,816.25. TIF Note will bear simple non-compounding interest from the date of issuance of the TIF Note, at 6.25% per annum. Interest will be computed on the basis of a 360-day year consisting of twelve (12) 30-day months. The TIF Note Payment Amounts due hereon will be payable solely from the Available Tax Increments. This TIF Note 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. 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 whatsoever. Reference is hereby made to all of the provisions of the TIF Development Agreement, including without limitation Section 3.3 thereof, for a fuller statement of the rights and obligations of the HRA to pay the principal of and interest on this TIF Note, and said provisions are hereby incorporated into this TIF Note 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, the terms of this TIF Note will control. This TIF Note 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 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 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, 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 on the registration records for the TIF Note maintained by the HRA. Each permitted assignee will take this TIF Note 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 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, 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 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 ________________, 20__. _______________________________ Executive Director _______________________________ Chair DO NOT EXECUTE UNTIL THE CONSTRUCTION OR THE IMPROVEMENTS HAVE BEEN COMPLETED AND PAID INVOICES FOR LAND ACQUISITION AND SITE IMPROVEMENTS ARE GIVEN TO THE HRA – REFER TO SECTION 3.3(1). CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on __________, 20__, was on said date registered in the name of __________________, a Minnesota _____________, and that, at the request of the Registered Owner of this TIF Note, the undersigned has this day registered the TIF Note 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 SECRETARY __________________________ __________, 20__ _______________________ EXHIBIT C SITE IMPROVEMENTS Construction of Affordable Housing Landscaping, including irrigation Grading/earthwork Engineering Survey Environmental Testing Soil Borings Site Preparation Onsite Utilities Storm Water/Ponding Outdoor Lighting Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements Parking EXHIBIT D MULTIFAMILY RENT AND INCOME LIMITS EXHIBIT E AFFORDABLE UNIT COMPLIANCE CERTIFICATE 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* _____ 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: 1BR for 1 Bedroom Unit; 2BR for 2 Bedroom Unit; or 3 BR for 3 Bedroom Unit;. [Attach income verification required by Section 3.4] 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 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 AFFORDABLE UNIT RENT ROLL CERTIFICATE 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 Bedrooms Style Household Size Market Rent Max Rent 50% of Median Application Date YYYY Initial Gross Annual Income YYYY Initial Income Limit EXHIBIT G INCLUSIONARY UNIT COMPLIANCE CERTIFICATE The undersigned does hereby certify that as of the date of this Certificate not less than ten (10) 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% Dated this ________day of ____________, 20_______. _______________________________ By: _________________________ *Indicate: 1BR for 1 Bedroom Unit; 2BR for 2 Bedroom Unit; or 3 BR for 3 Bedroom Unit. 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 fall within the qualifying limits of the respective 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 H 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 INCOME CERTIFICATION CONFIDENTIAL CITY OF EDEN PRAIRIE TIF DISTRICT: TIF ___ 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 applicable) ____________________ Date ____________________________________________ Resident’s Responsible Party/POA Signature (if applicable – please print) EXHIBIT J FORM OF ASSESSMENT AGREEMENT ASSESSMENT AGREEMENT THIS ASSESMENT AGREEMENT is dated as of __________ , 2026 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 Roers Eden Prairie Apartments 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”) to be constructed on real property legally described on Exhibit A hereto (the “Land”). The Project 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. Pursuant to the Financing Plan, the Tax Increment Financing District Number 27 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 a Tax Increment Development Agreement dated ________________, 2026 (the “TIF Development Agreement”), which provides, among other things, that the Owner will improve the Land by the construction of the Project 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. 2.01. Agreed Upon Minimum. The Owner agrees that the minimum market value of the Land and the Project for ad valorem tax purposes, for the assessment made as of January 2, 2029, will be not less than $55,720,000 and 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 value 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 value will apply only to the Land, the Project, 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 value will not be reduced to an amount less than said minimum market value The Owner acknowledges and agrees that the Land and the Project 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. 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 for ad valorem tax purposes, the Owner agrees that the Project will be deemed to be completed in accordance with the TIF Development Agreement as of December 31, 2028 (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 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 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. 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 IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By __________________________________ Ronald A. Case Its Chair By___________________________________ Rick Getschow Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 2026, by Ronald A. Case and Rick Getschow, the Chair and 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 Roers Eden Prairie Apartments LLC, a Delaware limited liability company By ____________________________________ _________________________________________ Its______________________________________ STATE OF MINNESOTA ) ) SS. COUNTY OF ____ ) The foregoing instrument was acknowledged before me this ___ day of _________ , 2026, by ______ , the ______________ of Roers Eden Prairie Apartments LLC, a Delaware limited liability company, on behalf of the company. ____________________________________ Notary Public EXHIBIT A TO ASSESSMENT AGREEMENT DESCRIPTION OF LAND Lot 1, Block 1, and Outlot A, Primeland 5th Addition, according to the recorded plat thereof, situate in Hennepin County, Minnesota. Abstract property 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 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 C TO ASSESSMENT AGREEMENT 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 __________, 2026; 3. I have received and read a duplicate original of the 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 agreed to be constructed on the Land pursuant to the land use 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 is to be constructed, and the minimum market value to be assigned to the Land and the Project 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, 2029, will be not less than $55,720,000. Dated _____________________. _____________________________________ City Assessor, City of Eden Prairie, Minnesota EXHIBIT K SAMPLE LOOKBACK CALCULATION EXHIBIT L PRO FORMA FINANCIAL STATEMENT City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Proclamations/Presentations Item Number: IV.A. Department: Police and Fire ITEM DESCRIPTION AED Lifesaving Award REQUESTED ACTION No action required SUMMARY Chief Matt Sackett and Chief Scott Gerber will award citizen Sundari Saengdara with a Letter of Recognition from the Police and Fire Departments for her actions on September 27, 2025 when she saved the life of her boyfriend, Rory Bakke, using an AED at Miller Park after he collapsed on a pickleball court. After the chiefs read the award, the Mayor is welcome to join them at the podium to present the award letter and for photos. ATTACHMENTS None City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Proclamations and Presentations Item Number: IV.B. Department: Parks and Recreation ITEM DESCRIPTION Camp Counselor Impact Scholarship through the Eden Prairie Foundation. REQUESTED ACTION Move to receive and acknowledge the Camp Counselor Impact Scholarship donation and recognize the 2025 scholarship recipients. SUMMARY An anonymous donor has made a generous contribution through the Eden Prairie Foundation to establish the Camp Counselor Impact Scholarship in support of Eden Prairie Parks and Recreation Day Camp Staff. The donor is a longtime Eden Prairie resident and advocate for the Parks and Recreation Department. This scholarship recognizes the dedication, leadership, and positive impact camp counselors demonstrate each summer while mentoring youth and creating safe, inclusive, and engaging camp experiences. The scholarship supports counselors pursuing career paths focused on youth development and service. The City is pleased to honor Dylan Curry and Lily Lawinger as the recipients of the Camp Counselor Impact Scholarship in recognition of their commitment and positive impact on campers and the community. Dylan is present tonight to recognize the award, Lily is not able to join us. ATTACHMENTS None. City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Proclamations and Presentations Item Number: IV.C. Department: Parks and Recreation ITEM DESCRIPTION 2025 Fall quarter donations to the Parks and Recreation Department REQUESTED ACTION Move to: Adopt a Resolution accepting the following donations: • Prairie Bluffs Senior Living - $400 – 2026 Senior Center Programs • SPARK - $200 – 2026 Senior Center Programs • SPARK - $50 – 2026 Senior Center Programs • Eden Prairie Baseball Association - $500 – Harvest to Halloween • City Hill Church - $1,500 – Harvest to Halloween • The Gardner School - $300 – Harvest to Halloween • Veridian Credit Union - $2,100 – Harvest to Halloween • Project 52 Dance - $1,300 – Harvest to Halloween • Legacy Gymnastics -$250 – Harvest to Halloween • Applewood Pointe of Eden Prairie - $300 – Harvest to Halloween • Soccer Shots - $125 – Harvest to Halloween • Old National Bank - $300 – Harvest to Halloween SUMMARY These donations, totaling $7,325, will help Eden Prairie’s mission to provide quality special events, programs, and educational activities at little or no cost to residents. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $400 from Prairie Bluffs Senior Living for Senior Center programs is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $200 from SPARK for Senior Center programs is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $50 from SPARK for Senior Center programs is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $500 from Eden Prairie Baseball Association for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $1,500 from City Hill Church for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $300 from The Gardner School for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $2,100 from Veridian Credit Union for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $1,300 from Project 52 Dance for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $250 from Legacy Gymnastics for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $300 from Applewood Pointe of Eden Prairie for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $125 from Soccer Shots for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $300 from Old National Bank for Harvest to Halloween is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 6th day of January, 2026. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk Eden Prairie City Council Workshop Minutes 5:30 p.m. Tuesday, Dec. 2, 2025 City Center Heritage Rooms, Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter WORKSHOP AGENDA Heritage Rooms 1. Local Option Sales Tax Discussion Getschow stated many neighboring cities have received approval for a Local Option Sales Tax (LOST) for large projects. Today’s discussion will be focused on how a LOST works and what it could mean for the City. Markle explained a LOST is a sales tax collected within the geographic boundaries of a City or County. Hennepin County and many peer cities have one. It’s applied to the same items as the general State sales tax. The State legislature authorizes the implementation of the tax. During a general election residents will vote on individual projects to fund. LOST funding can only be used for projects of regional significance such as parks, community centers, and water quality improvements. Markle explained the typical LOST rate is 0.5 percent for 20 years. Narayanan asked if the tax rate reverts to zero after the 20 year period. Markle confirmed that is correct. Narayanan asked if the City would have to apply to the State to implement the tax again. Markle confirmed that is correct. Markle explained the LOST automatically ends once the funds for the project are collected or the time period has ended, whichever occurs first. Markle noted the legislature enacted the LOST in 2017 as a trade off for declining Local Government Aid. A moratorium was placed on LOST in May 2023 to study the topic and make recommendations. The moratorium has now expired, and Counties and Cities may now submit requests for the next legislative session. Over 40 cities have a LOST or will be including it on the ballot in 2026. Narayanan asked if LOST tends to be approved by voters. Markle confirmed most projects tend to be approved by voters. LOST has funded projects like Bloomington’s community center and ice garden remodel. Toomey asked if all projects are constructed at once. Markle confirmed it is the City’s decision, often depending on if the City is waiting on other funding. Bloomington is constructing all projects at once. Case asked if Cities issue bonds for the project and then uses the LOST cash flow to pay the bond proceeds back. Getschow confirmed that is a frequently used method, and there is no impact to the tax levy. Markle detailed other City projects funded by LOST, including Chanhassen’s community center project and an additional sheet of ice at Edina’s Braemar Arena. Case noted an unfunded project with regional benefit would be the Highway 4 and 5 interchange. Toomey asked why the County or State isn’t funding the project. Ellis noted ideally the County and State would fund it, but its not currently a priority for them. Narayanan asked if multiple projects could be combined into one vote. Markle explained each project would need to be considered on its own, such as one building or one park. For example, a Miller Park renovation would count as one project, but it could include turf baseball fields, a cricket pitch, an inclusive playground, and water quality improvements. Projects should be designed to positively impact the most residents possible, ideally connecting with multiple groups including seniors, youth, new families, etc. Case stated ideally LOST would be used to help fund projects that would have otherwise been levied for. Markle explained the need for data to help guide LOST decisions. Cities and Counties have hired the University of Minnesota Extension to perform a LOST analysis to determine estimated sales tax proceeds and understand what proportion of dollars would be paid by residents vs. non- residents. During the analysis Cities and Counties determine priorities and vision for potential LOST-funded projects and their regional significance. Other potential ballot measures are considered, such as if the school district is introducing a referendum. Narayanan asked if LOST could fund a project that already started, such as the police remodel. Markle confirmed LOST can only fund future projects. Markle detailed the 12 to 18 month statutory process to adopt LOST. The first step is the City Council adopts a resolution proposing the tax. The resolution must include a tax rate and a length, guided by the University of Minnesota Extension’s research, and documentation supporting the project’s regional significance. The resolution and supporting materials are submit to State tax committees. Once legislative authorization is granted, the City Council adopts a Resolution accepting the new law. An education campaign is held to educate residents on the tax and the proposed projects. The project must be on the ballot within two years of receiving legislative authority. Once approved, an ordinance is passed to impose the tax. Markle noted residents vote on each project individually. The City would need to educate voters that passing only two projects out of four would only impact length of the tax, not the rate. Markle added typically, all projects are passed. The City would notify the Commissioner of Revenue 90 days before the first day of the calendar quarter the tax would be imposed. Narayanan asked how much money would be invested in LOST before the tax would be collected. Markle noted hiring the University of Minnesota Extension would be a few thousand dollars. Narayanan asked if there was incremental overhead once LOST is collected. Getschow confirmed there is not. Getschow explained the importance of creating a timeline by working backwards from the election year residents would vote on the LOST funded projects. As this workshop is only to introduce LOST, projects have not yet been identified. Markle described needs commonly voiced by residents, including an field house to play sports indoors during the winter and an opportunity for outdoor aquatics. Narayanan asked for the dollar amount of total sales in the City. Getschow stated that would be quantified by the University of Minnesota Extension. Narayanan asked if there is an estimate of how much a LOST tax would raise. Getschow noted it would likely be similar to the amounts noted in the Edina or Richfield studies. Getschow noted projects in the Capital Improvement Plan (CIP) all have a cost whether its debt, the CIP levy, or transfers from other funds. If these projects were funded by LOST instead, there would be savings to the levy. Getschow noted similar projects within a short distance of each other cannot be pursued by multiple cities. There is discussion on automatically preapproving certain projects such as parks and trail systems, removing the regional benefit requirements, allowing LOST to support general operations, and requiring revenue sharing between cities. These items being discussed will likely not be decided for years. Getschow asked the Council Members to provide general feedback. A decision does not need to be made tonight. Case stated the next logical step is hiring the University of Minnesota Extension to perform a LOST analysis. The City could collect data, plan for projects, and run a public education campaign before the 2028 general election. Case noted his interest in pursuing projects that would have a direct decrease to the tax levy. Freiberg asked how expensive it would be to hire the University of Minnesota Extension to perform a LOST analysis. Markle estimated the cost at around $6 thousand. Toomey asked if the City’s bond rating is affected by issuing bonds for projects that would be paid back with LOST income. Getschow answered the debt and bond rating would not be affected by projects repaid with LOST revenue to the extent of his knowledge. Narayanan noted his approval and his interest in the numbers such as the expected revenue. The Council Members thanked staff for their presentation. Council Chambers 2. Open Podium 3. Adjournment Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, Dec. 2, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order Mayor Case called the meeting to order at 7 p.m. All Council Members were present. II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations V. Approval of Agenda and Other Items of Business MOTION: Narayanan moved, seconded by Nelson, to approve the agenda. Motion carried 5-0. VI. Minutes MOTION: Nelson moved, seconded by Narayanan, to approve the minutes of the Council workshop held Tuesday, November 18, 2025, and the City Council meeting held Tuesday, November 18, 2025, as published. Motion carried 5-0. VII. Consent Calendar A. Clerk’s List B. Adopt Resolution No. 2025-108 accepting donations and in-kind contributions CITY COUNCIL MEETING AGENDA December 2, 2025 Page 2 C. Marshall Gardens by Lake West Development. Adopt Resolution No. 2025-109 amending Resolution No. 2025-076 relating to the conditional approval of the Development Agreement for Marshall Gardens D. Adopt Resolution No. 2025-110 approving Joint Powers Agreements and Court Data Services Subscriber Amendment to the CJDN Subscriber Agreements with the City on behalf of the Police Department and its Prosecuting Attorney E. Adopt Resolution No. 2025-111 and authorize entry into labor agreement with International Association of Firefighters (IAFF) F. Adopt Resolution No. 2025-112 and authorize entry into labor agreement with the International Union of Operating Engineers (IUOE) Local 49 G. Approve purchase and implantation of the Vitec IPTV in the remodeled Police Department H. Approve purchase of dispatch console furniture for Police Department remodel project I. Approve one-year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission (MAC) J. Accept proposal and authorize entering a Contract for Goods and Services for the RTA Maintenance Trail Retaining Wall with Johnson Companies LLC K. Move to approve the contract for goods and services for the Park Entry Monument Sign Refurbishment Project with Indigo Signs L. Approve cost share and maintenance agreement between the Lower Minnesota River Watershed District and the City of Eden Prairie for the Study Area 3 Project M. Award contracts for 26-6253.1 Water Treatment Chemicals for 2026 N. Authorize Sale of Fire Vehicles to other Fire Departments MOTION: Narayanan moved, seconded by Toomey, to approve Items A-N on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings A. Adopt Resolution No. 2025-113 certifying 2026 Property tax levy, adopting 2026 budget, and approving 2026 HRA tax levy Getschow introduced Finance Manager Tammy Wilson to present this item. Wilson explained the Council adopted a Resolution certifying the proposed 2026 City budget and property tax levy on September 2, 2025. Calculations showed the CITY COUNCIL MEETING AGENDA December 2, 2025 Page 3 budget to be $66,847,061 and the certified levy to be $52,844,814 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($2,725,032) is $50,119,782. Wilson said the 2026 proposed budget maintains City services with an increase of 6.6 percent of the general fund and a total budget increase of 6.5 percent, which includes the debt service payments. The tax levy is budgeted to increase 5.6 percent. Wilson noted that, according to State statute, the final levy amount must be certified to the county auditor by December 29, 2025. City Council adoption of the final levy and budget will complete this process. Case asked if Wilson mentioned the budget had allocated funds for elections under the Administration department. Wilson confirmed that she had. Wilson showed images reflecting 2026 budget changes by category. Wilson explained the total property tax levy summary, noting the general fund and capital improvement fund increases. Wilson showed images with information regarding the debt levy on tax capacity and market value and explained both, noting a 20.6 percent budget increase from 2025 to 2026. Wilson explained the City tax impacts and the 2026 estimated market value of the City, which is $14.7 billion. She noted the total property tax impacts, including differences between residential, apartment, and commercial. Wilson explained the breakdown for the median value home’s property tax distribution between the City, County, school district, and other jurisdictions. She explained the difference in property tax distribution for commercial property between the City, county, state, school district, and fiscal disparities. She noted the monthly cost of City services for the general fund and debt service fund. Getschow explained the 2026 and 2027 budget process and timeline, and shared the Quality of Life survey results video. He shared images detailing the 2026 and 2027 budget goals, savings, efficiencies, and overall highlights. Getschow presented an overview of monthly City Services by department within the general fund and shared an image summarizing the total City budget. He reviewed the proposed property tax impacts, including tax capacity, levy amount, and rates, and referenced an article discussing the shifting tax burdens in the Twin Cities resulting from declining commercial values and rising residential values. Getschow shared a value notice from the City Assessor that explained the value increases in property in Eden Prairie in 2025, and provided an image explaining the CITY COUNCIL MEETING AGENDA December 2, 2025 Page 4 tax capacity by property class. He explained a sample property tax calculation and the resulting tax rates for the median residential home. Getschow reviewed the 2026 proposed tax levy, describing the impacts of levy changes and comparing Eden Prairie’s levy position to other cities. Case noted that adopting a zero-levy increase would require a $2.5 million budget reduction. He noted that although a zero-increase levy might seem beneficial to taxpayers, it would amount to only about seven dollars in monthly savings while necessitating significant service and staffing cuts. Getschow shared an image with the cumulative tax levy increases in comparable cities from 2017 to 2026. He explained the City and state fiscal relationship, fiscal disparities, and the tax base sharing program. He displayed information about the homeowner’s Homestead Credit refund and explained how taxpayers could access this aid. Narayanan thanked Getschow and Wilson for their presentation and thorough explanation of the tax levy. David Ringsmuth, 13166 Beehive Court, thanked the Council for the presentation and said a tax increase still hurts, especially with all the other State and County taxes that are going up as well. He asked how Mayor Case came up with the average of a seven-dollar difference if there was no tax-levy increase from the presentation. Case responded that he derived that difference from information that Getschow gave him, and that specific example was not in the presentation. Maria Ringsmuth, 13166 Beehive Court, applauded the excellent presentation. She noted that her tax bill has doubled since she moved to Eden Prairie in 2006, and asked if the Council would consider making the tax increase optional for residents who cannot afford to pay it. She continued that the City taxes would consume the 2.8 percent increase she would receive from Social Security. She noted that the City could cut Department budgets without cutting positions and save money. Larry Zieske, 18803 Magenta Bay, said Eden Prairie is the best place to live if a resident can afford it. He noted that this assessment went up $110,600, and his taxes went up 15.5 percent. Zieske’s tax increase for Eden Prairie Schools increased 13 percent. The school district will be overfilled by 500 students next year, which will require more funds. He said his increase in Social Security is only 2.8 percent, and he is being taxed out of his home. He noted that several of his friends have moved out of the state due to the high taxes. He asked the Council to look at all the fees and services that the City is paying for that could be eliminated. He continued that it was addressed during the presentation, that the residents are bearing the burden of revenue in their property taxes, and at some point, property owners are going to have enough. He said wage increases across the board are not CITY COUNCIL MEETING AGENDA December 2, 2025 Page 5 the norm in the private sector, and the City should look at controlling the budget as best as possible, and wage increases for City Staff should not go beyond the cost-of-living increase. He said the City does not need the platinum version of a remodel for the Police Department, or any new building. He noted that while the City Council is doing a good job, the citizens have to push for improvement and a better tax rate. Julie Baker, 8700 Braxton Drive, thanked the Council for the presentation and described the financial strain she is facing as a single homeowner. She urged the Council to find more creative ways to reduce taxes, questioned where tax dollars are going, and expressed concern about the State's shift from a surplus to a deficit in two years. She said she appreciates the addition of new firefighters, but asked if fewer could be hired to ease the levy impact. She requested that the City adhere to a stricter budget, avoid comparisons to other cities, and make deeper cuts so residents can retain more of their income during these difficult economic times. MOTION: Toomey moved, seconded by Narayanan, to close the Public Hearing. Motion carried 5-0. Case thanked the speakers for coming forward to address the Council. The Council all struggled with this shift that has occurred in residential property taxes. The Council has tried to make the property tax levy as low as possible, but there is a complexity about state tax formulas and increases that are hard to process and explain. A few of the Councilmembers are also on fixed incomes, so he understands that struggle. The Council has to consider whether it is responsible to drop services for 65,000 people who are the most impacted. While property taxes have gone up, so has the market value of houses in the last 10 years. The City has quality Staff and that is because the City pays them competitively. Toomey agreed with Case and said the Council struggled deciding on a property tax levy increase. The Police Department must be renovated as it is the same location as when the department had 35 members, but there are now 73 officers. It is one of the only Police Departments in the State that does not have indoor parking. Having indoor parking will save money long term on vehicle maintenance. The City is providing the best services with reasonable taxes. Case noted the $26 million Police Department renovation has a small impact on the levy, even though it’s a big number. Getschow added the Police Department renovation has been planned for 10 years. Case stated the City was able to get a lower bond rate due to its triple A bond rating. The City has always budgeted conservatively, and that pays off then in lower levies. CITY COUNCIL MEETING AGENDA December 2, 2025 Page 6 Nelson noted the triple-A bond rating also helps cut taxes. The City has wonderful employees who have stuck with Eden Prairie for so long. If residents are on a fixed income and cannot pay their taxes, they should investigate deferring their taxes until next year. Nelson discussed the importance of maintaining City parks and trails, so families can use them free of charge if they cannot afford to go on vacation. Staff worked hard to get the lowest possible tax levy in the Twin Cities. Narayanan acknowledged the tax levy is difficult to understand and noted that budgeting is complex due to state-mandated tax formulas. The community survey guided the Council’s decisions, and residents prioritized strong public safety, parks, and services. Narayanan highlighted the need to adequately fund the Fire Department for quick response time, and stated that the Council explored all options to reduce the levy while still listening to residents’ concerns. Case stated that the decision to add eight firefighters instead of six was not arbitrary and came down to response times. Toomey added the cost of the additional firefighters is funded by the SAFER grant. Case noted a smaller levy increase would require severe budget cuts, which would be felt by residents. Freiberg noted that the Council is listening to the residents. The Council takes the tax levy very seriously and has many discussions before making this decision. Opting out of property taxes would have to happen at a higher level of government in cooperation with cities. Freiberg said he knows the hearts of the other Councilmembers, and none of them want to see residents fall on hard times. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2025- 113 certifying the 2026 property tax levy to be $52,884,814 and approve the 2026 budget of $66,847,061 as reviewed by the Council, and approve the HRA tax levy and budget of $230,000. Motion carried 5-0. Case thanked all of the speakers for coming forward and being respectful. B. Approve first and second readings of Ordinance No. 19-2025, updating the 2026 fee schedule for the Administration of official controls, and adopt Resolution approving the summary ordinance. Getschow explained this Ordinance establishes a fee schedule for the City's costs in administering official controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control or other approval required under an official control. He explained that Minnesota Statute defines an "official control" as Ordinances or regulations that control the physical development of a city and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing CITY COUNCIL MEETING AGENDA December 2, 2025 Page 7 zoning, subdivision controls, site plan regulations, sanitary codes, building codes, and official maps. Case stated if the public wants to look at all the City fees, which are competitive with the area, that information is available via the City's website. He asked if anyone wished to address the Council for the fee updates during the Public Hearing. No one wished to address the Council. MOTION: Narayanan moved, seconded by Nelson, to close the Public Hearing, and approve the first and second readings of Ordinance No. 19-2025 updating the fee schedule for Administration and official controls, and adopt Resolution No. 2025-114 approving the summary for publication. Motion carried 5-0. C. Adopt Resolution No. 2025-115 approving 2026 fees for City services Getschow explained that this Resolution updates the fee schedule for the City’s services not covered by Ordinance. Case asked if anyone in the audience wished to address the Council regarding this resolution and fees during the Public Hearing. No one wished to address the Council. MOTION: Nelson moved, seconded by Narayanan, to close the Public Hearing and adopt the 2026 Fee Resolution No. 2025-115. Motion carried 5-0. IX. 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." X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director CITY COUNCIL MEETING AGENDA December 2, 2025 Page 8 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 XIII. Other Business Getschow noted that because the budget was adopted at tonight’s meeting, there is no need to hold another meeting in December. The next meeting is in January 2026. XIV. Adjournment MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 9:03 p.m. Respectfully Submitted, ___________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.A. Department: Police/Support Unit ITEM DESCRIPTION Clerk’s License Application List REQUESTED ACTION Approve the licenses listed below SUMMARY 2026 Renewal Licenses Commercial Kennel Dog Camp Inc DBA: Camp Bow Wow Eden Prairie 10100 Viking Drive #200 PetSmart DBA: PetsHotel 11200 Prairie Lakes Drive Private Kennel Kimberly Donahue 18090 Evener Way Kathy Meyer 7320 Bagpipe Boulevard Nancy Parker 7402 Bittersweet Drive Mike & Elaine Perry 9618 Portal Drive City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.B. Department: Community Development / Planning Julie Klima / Jeremy Barnhart ITEM DESCRIPTION This is the final approval necessary to redevelop the property at 6436 City West Parkway into a 195 unit apartment building. The existing 5 story office building will be demolished and replaced with a 6 story apartment building with underground parking. REQUESTED ACTION Move to: • Approve the Second Reading of an Ordinance for a PUD District Review with waivers on 5.86 acres and Zoning District change from Office to RM-2.5 on 5.86 acres; and • Adopt a Resolution approving a Site Plan Review on 5.86 acres; and • Adopt a resolution Conditionally Approving the Development Agreement for Roers Eden Prairie Apartments SUMMARY This is the second reading for the Roers Eden Prairie Apartment project, which includes demolishing the existing 5 story office building and replacing it with a 6 story, 195 unit apartment building, underground and surface parking, trail connections, and other supporting infrastructure. The 120 day review period has been extended and will expire on January 7th, 2026. At the public hearing, the Council commented on the lack of ‘top’ on the building elevations and advised the developer to adjust the elevations. The developer revised the elevations to add a parapet along all facades. The parapet extends out from the wall plane, and will be painted black, to match the color of the window frames and balcony railings. This parapet will add visual interest and shadow along all elevations of the building and achieve the definition of ‘top’ as desired. The development agreement includes provisions for the installation of a trail, connecting the subject property to the City West Light Rail station north of the site. ATTACHMENTS Ordinance for Zoning District Change and PUD Resolution for Site Plan Resolution Conditionally approving the Development Agreement ROERS EP APARTMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2026-PUD-_-2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Office Zoning District and be placed in the RM-2.5 Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the RM-2.5 Zoning District as -2026-PUD-_-2026 (hereinafter "PUD-_-2026”). Section 4. The City Council hereby makes the following findings: A. PUD-_-2026 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2026 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2026 are justified by the design of the development described therein. D. PUD-_-2026 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office Zoning District and placed in the RM-2.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2026 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Roers Companies, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2026, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. 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 21st day of October, 2025, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 6th day of January, 2026. ATTEST: ___________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2026. EXHIBIT A Legal Description: Lot 1, Block 1, and Outlot A, PRIMELAND 5TH ADDITION, according to the recorded plat thereof, Hennepin County Minnesota ROERS EDEN PRAIRIE APARTMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2026-PUD-_-2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 6436 City West Parkway from the Office Zoning District to the RM-2.5 Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: _________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2026. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ROERS EDEN PRAIRIE APARTMENTS BY ROERS EDEN PRAIRIE APARTMENTS, LLC WHEREAS, Roers Acquisitions, LLC has applied for Site Plan approval of Roers Eden Prairie Apartments, which includes a 195 unit apartment building, garage and surface parking, and other supporting infrastructure improvements; WHEREAS, zoning approval for the Roers Eden Prairie Apartments was granted by an Ordinance approved by the City Council on January 6th, 2026; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 22, 2025 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 21, 2025 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in Exhibit A attached hereto is granted to Roers Eden Prairie Apartments, LLC, subject to the Development Agreement between Roers Eden Prairie Apartments, LLC and the City of Eden Prairie, reviewed and approved by the City Council on January 6, 2026. ADOPTED by the City Council of the City of Eden Prairie this ___ day of ____________, 2026. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk EXHIBIT A Site Plan Legal Description Lot 1, Block 1, and Outlot A, Primeland 5th Addition, according to the recorded plat thereof, situate in Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026-____ A RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR ROERS EDEN PRAIRIE APARTMENTS WHEREAS, the Developer has requested to sign and execute the Development Agreement for Roers Eden Prairie Apartments (the “Project”) at the closing of Developer’s purchase of the property at 6436 City West Parkway; and, WHEREAS, the City is amenable to allowing the Developer to sign and execute the Development Agreement at the closing; and, WHEREAS, the approval of this Agreement, second reading of Ordinance No ____ , and Resolution No granting Site Plan approval are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that Roers Eden Prairie Apartments LLC has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to April 8, 2026, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect; and, WHEREAS, the City Council has reviewed the Project at a public hearing at its October 21, 2025, meeting. WHEREAS, the City Council has reviewed the Development Agreement for the Project at its January 6, 2026, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between Roers Eden Prairie Apartments LLC and the City of Eden Prairie is conditionally approved by the City Council on January 6, 2026, and is conditioned upon the Developer providing the City Manager documentation that the Roers Eden Prairie Apartments LLC has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to April 8, 2026, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect. ADOPTED by the City Council of the City of Eden Prairie this 6th day of January, 2026. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk 1 Roers Eden Prairie Development Agreement DEVELOPMENT AGREEMENT Roers Eden Prairie Apartments (Parkway Apartments) THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2026, by Roers Eden Prairie Apartments 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 Industrial Flex Tech to Medium High Density Residential on 5.86 acres, Planned Unit Development Concept Review on 5.86 acres, Planned Unit Development District Review with waivers on 5.86 acres, Zoning District Change from Office to RM-2.5 Zoning District on 5.86 acres, and Site Plan Review on 5.86 acres (the “Applications”), for real property legally described on Exhibit A (the “Property”); WHEREAS, Developer’s predecessors-in-interest and City entered into three Development Agreements dated February 16, 1982, March 27, 1984, and September 2, 1986 pertaining to the Property (“Prior Development Agreements”). NOW, THEREFORE, in consideration of the City adopting Resolution No. 2025-101 for Guide Plan Change, Resolution No. 2025-102 for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review and Zoning District Change from Office to RM-2.5 on 5.86 acres, and Resolution No. ____________ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 2 Roers Eden Prairie Development Agreement 1. PRIOR DEVELOPMENT AGREEMENTS. This Agreement supersedes the Prior Development Agreements in their entirety as they apply to the Property. The Prior Development Agreements shall remain in full force and effect as applied to the remainder of the property covered by the Prior Development Agreements dated above, unless new development agreements are executed by the City and property owners in connection with such remainder of the property. 2. PLANS: Developer must develop the Property in conformance with the materials reviewed and approved by the City Council on December 2, 2025 and January 6, 2026, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 3. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 4. CASH PARK FEES: Park dedication has been satisfied with the original development of the property, and no additional park dedication or park dedication fees are required by this Agreement. 5. DEMOLITION: Prior to demolishing any of the existing structures on the Property, Developer must apply for and receive approval of a wrecking permit. 6. EMERGENCY RESPONDER RADIO COVERAGE: Property owner shall be responsible for ensuring building meet the requirements of Minnesota State Fire Code Appendix P relating to emergency responder radio coverage. 7. EXTERIOR MATERIALS: As part of the building permit application materials, 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 the Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 8. 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 3 Roers Eden Prairie Development Agreement 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”); 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; 4 Roers Eden Prairie Development Agreement 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 infiltration area(s)); and 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. 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 5 Roers Eden Prairie Development Agreement (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. 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 acceptance of the public infrastructure 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. 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. The developer/applicant must provide proof that an Inspection and Maintenance Agreement for Private Stormwater Facilities (in the form attached hereto as Exhibit E) has been recorded prior to the issuance of the Land Alteration Permit. Pervious surfaces must be stabilized with seed and mulch or sod, and the construction of all impervious surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: 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. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading, Developer must submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to any grading on the Property, Developer must place a construction fence (silt fence allowed as construction fence as approved by the city) on the approved construction grading limits. Developer must notify the City 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer must maintain 6 Roers Eden Prairie Development Agreement the construction limit fence until the City grants written approval to remove the fence. 10. 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. Irrigation systems requiring a water meter shall be installed on taxable property. 11. LANDSCAPE & TREE REPLACEMENT 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 and a final landscape and tree replacement plan for the Property. The approved landscape plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape plan included in the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses, which shows the landscaping and tree replacement requirements are met. The approved landscape plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. 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 and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement 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 or tree replacement 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 will be released in accordance with the terms of the landscape agreement. 12. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” 7 Roers Eden Prairie Development Agreement includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. 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. 13. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City a mortgagee consent and subordination in a form approved by the City and attach the executed form to the Agreement submitted for recording. 14. 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, 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. 15. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory, or refuse. 16. [Intentionally deleted] 17. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the RM-2.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD _________________: 8 Roers Eden Prairie Development Agreement a) City Code § 11.15, subd. 4 permits a maximum density of 17.4 units per acre. The waiver allows density of 33.27 units per acre. b) City Code § 11.15, subd. 3 requires a minimum front yard setback of 35 feet. The waiver allows a setback of 24 feet on the east (front) property line. c) City Code § 11.15, subd. 3.A provides a maximum building height of 45 feet. The waiver allows a building height of 75 feet d) City Code § 11.43, subd. 3.F requires two parking spaces per dwelling unit. The waiver allows 1.65 spaces per dwelling unit. This is equal to 324 parking spaces for 195 dwelling units. 18. 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. 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 Property. All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns. 19. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 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. Signs presented on the plans are illustrative only, and no approval has been granted. 20. SITE LIGHTING: All lighting shall comply with the lighting and photometric plans in Exhibit B. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property. 9 Roers Eden Prairie Development Agreement 21. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Site amenities must be provided consistent with the Exhibit B Plans. Site amenities to be provided by Developer as shown on the Exhibit B Plans, include, but are not limited to, the following: amenity deck, dog run, outdoor seating areas, grill stations, pool, all the above in accordance with and as depicted in the Plans. 22. SUSTAINABLE BUILDING STANDARD: Approval of the PUD and financial incentives for this development triggered the City’s Sustainable Building Standard requirements for Multi-Family Residential (5 or more dwelling units). Developer must meet the following requirements: A. Project will employ the all-electric compliance pathway as permitted by the Sustainable Building Standard. This will include: 1. Electric heat pump VTAC’s in dwelling units 2. Electric heat pump RTU in corridors 3. Electric heat pump split systems in amenity spaces B. Natural gas equipment installations allowed include: 1. High efficiency gas domestic hot water heaters 2. High efficiency gas unit heaters in garage. 3. Installation of above components is considered offset for purposes of standard only with the installation of on-site solar energy system as mentioned below. 4. No other natural gas equipment may be installed in the project. C. Project must meet the following Eden Prairie requirements: 1. Calculate and report greenhouse gas emissions predictions. 2. Install (6) number of EV-Installed parking spaces, (40) EV-Ready parking spaces, and (40) EV-Capable parking spaces as shown on approved site plan. 3. On-site renewable energy system must be installed prior to issuance of certificate of occupancy to meet offset requirements. D. Developer agrees to complete post-occupancy submittal requirements within 12 months of occupancy. 23. TRAIL EASEMENT AND CONSTRUCTION: Prior to the issuance of a building permit, Developer shall provide to and obtain the City Engineer’s approval of a trail easement in substantially the form attached hereto as Exhibit D (the “Trail Easement”), providing for a 20-foot-wide public trail through the Property connecting the Property to the off-site trail referenced in paragraph 24 through to the City West light rail station, in the exact location to be agreed upon Developer and the City Engineer. The approved Trail Easement must be recorded with the Hennepin County Recorder’s Office prior to issuance of the building permit. Prior to issuance by City of any Certificate of Occupancy on the Property, Developer must complete construction of trail and supporting improvements as shown on plans approved by the City Engineer. 10 Roers Eden Prairie Development Agreement 24. OFF-SITE TRAIL. Developer has agreed to construct and pay for a public trail on adjacent parcels legally described as Outlots C and D, City West Corporate Addition, which trail will connect to the trail referenced in paragraph 23. The City will be responsible for the design of the trail and for securing any easements or other property interests necessary for construction and maintenance of the trail. Developer will be responsible for all aspects of trail construction and site stabilization within the trail easement area. Developer’s construction of the trail must be completed prior to the City’s issuance of any Certificate of Occupancy for the Property; provided, however, to the extent that the City cannot or does not obtain the necessary easements or real property interests necessary for Developer’s construction of the off-site trail, then the City shall not withhold issuance of the Certificate of Occupancy. The City will be responsible for trail maintenance after construction is complete. The parties’ obligations regarding the costs of the off-site trail are detailed in in the TIF Agreement. 25. TRASH, RECYCLING, AND ORGANICS: Subject to trash collection in the ordinary course of operations, Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the building as depicted on the Plans. 26. 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 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 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. 27. AFFORDABLE UNITS AND INCLUSIONARY UNITS - TIF : Developer and the City’s Housing and Redevelopment Authority (“HRA”) are parties to a Tax Increment Development Agreement dated ___________ (“TIF Agreement”). As further described in 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 11 Roers Eden Prairie Development Agreement obligations as to Affordable and Inclusionary Units are as follows (capitalized terms and section and exhibit references in the following paragraphs of this paragraph 26 are as used in the TIF Agreement, and to the extent that the following paragraphs are inconsistent with the TIF Agreement, the TIF Agreement shall control): (1) (A) Affordable Units. At least thirty-nine (39) of the residential units in the Project 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 20 one-bedroom units, 16 two-bedroom units, and 3 three-bedroom units. The obligation of Developer to provide the Affordable Units will survive and remain in full force and effect through the TIF District Termination Date. (B) Inclusionary Units. For so long as the Development Property is used for a residential rental project, a minimum of ten (10) units in the Project 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 5 one- bedroom units, 4 two-bedroom units, and 1 three-bedroom unit. The Inclusionary Units are subject, including rents and incomes, to review and approval by the City in accordance with the terms of this Agreement. 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. For so long as Developer is obligated to provide such units under this Agreement, Developer must restrict gross 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. Fees and charges for services or amenities in excess of base rent shall be included in the maximum gross rent if payment of such fees or charges is required as a condition of occupancy, in accordance with the Tax Increment Act, Section 142(d) of the Internal Revenue Code, and Treasury Regulation 26 C.F.R. § 1.42-11. If the cost of any utility (other than telephone, cable television, or internet) for an Affordable Unit or Inclusionary Unit is paid directly by the tenant(s), and not by or through Developer, the gross rent for that unit includes the applicable utility allowance determined in accordance with 26 C.F.R. 1.42-10. If the costs of a 12 Roers Eden Prairie Development Agreement particular utility are paid pursuant to an actual-consumption submetering arrangement within the meaning of that section, then that cost is treated as paid directly by the tenant and not by or through the owner. If all utilities are paid by the owner, there is no utility allowance and the costs of utilities shall be included in gross rent. (D) Income Increase. Developer shall comply with the requirements of 26 U.S.C. § 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, commencing on January 1, 2029 and continuing through the TIF District Expiration Date, 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 attached hereto, 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 the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code) for the reporting period, a statement of the household income of each qualifying renter, a written determination that each qualifying renter’s household income falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and 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 1, commencing on January 1, 2029 and continuing through the TIF District Expiration Date, the Developer or an agent of the Developer must deliver or cause to be delivered to the Executive Director a Rent Roll Certificate 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 together with a written certificate reasonably satisfactory to the Executive Director that Developer is in compliance with the covenants in Section 3.4(1)(A) and (C). The Affordable Unit Rent Roll must set forth (i) the rent for each 13 Roers Eden Prairie Development Agreement Affordable Unit and (ii) for each Affordable Unit, the rent for a comparable market rate unit. The Executive Director will review the Affordable Unit Rent Roll and will approve any proposed Affordable Unit Rent Roll, provided such rents are not in excess of the rent limits in this Section 3.4(C). Any Affordable Unit Rent Roll submitted by the Developer will be considered approved unless disapproved by the Executive Director within sixty (60) days after submission. The Executive Director must provide written reasons if any Affordable Unit Rent Roll is disapproved. The Developer will have sixty (60) days following receipt of any notice of disapproval to cure any objections the Executive Director has made in its notice of disapproval and to submit a revised Affordable Unit Rent Roll to the Executive Director for review and approval as provided in this Section. The Developer’s failure to obtain the Executive Director’s approval of a revised Affordable Unit Rent Roll during such sixty (60) day cure period will constitute a default by Developer. (4) Reporting Requirements – Inclusionary Units. (A) Compliance Certificate. On or before each January 1 of each year, commencing on January 1, 2029 the Developer or an agent of the Developer must deliver or cause to be delivered to the Executive Director an Inclusionary Unit Compliance Certificate in substantially the form shown on Exhibit G attached hereto, executed by the Developer covering the preceding twelve (12) months together with written evidence satisfactory to the Executive Director 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 falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and 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 Executive Director 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 preceding calendar year. (B) Rent Roll. On or before each January 1 commencing on January 1, 2029 the Developer or an agent of the Developer must deliver or cause to be delivered to the Executive Director 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 Executive Director 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 Executive Director will review the Inclusionary Unit Rent Roll and will approve any proposed 14 Roers Eden Prairie Development Agreement 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 Executive Director within sixty (60) days after submission. The Executive Director 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 Executive Director has made in its notice of disapproval and to submit a revised Inclusionary Unit Rent Roll to the Executive Director for review and approval as provided in this Section. The Developer’s failure to obtain the Executive Director’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, commencing on January 1, 2029 and continuing (a) for the Affordable Units, for so long as Developer is obligated to provide such units under this Agreement and (b) for the Inclusionary Units, in perpetuity for so long as the Development Property is used for a residential rental project, the Developer or an agent of the Developer must deliver or cause to be delivered to the Executive Director 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. 28. The Property shall continue to be part of the City West Owners Association. 15 Roers Eden Prairie Development Agreement 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 ________________, 20__, 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 16 Roers Eden Prairie Development Agreement Roers Eden Prairie Apartments LLC, a Delaware limited liability company By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20__, by _______________________________________, the , of Roers Eden Prairie Apartments 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 17 Roers Eden Prairie Development Agreement EXHIBIT A Roers EP Apartments Development Agreement Legal Description Lot 1, Block 1, and Outlot A, Primeland 5th Addition, according to the recorded plat thereof, situate in Hennepin County, Minnesota 18 Roers Eden Prairie Development Agreement EXHIBIT B Roers EP Apartments Development Agreement Title Sheet dated by JLG Architects, dated October 6, 2025 Fire Safety Diagrams dated by JLG Architects, dated September 11, 2025 Code Summary dated by JLG Architects, dated October 6, 2025 Alta Land Title Survey sheets by Loucks, last updated June 11, 2025 Existing Conditions and Demolition Plan by JLG Architects and MBN Engineering, dated October 6, 2025 Erosion Control Plan by JLG Architects and MBN Engineering, dated October 6, 2025 SWPPP Plan by JLG Architects and MBN Engineering, dated October 6, 2025 Utility Plan sheets by JLG Architects and MBN Engineering, dated October 6, 2025 Grading Plan sheets by JLG Architects and MBN Engineering, dated October 6, 2025 Paving Plans by JLG Architects and MBN Engineering, dated October 6, 2025 Site Plan by JLG Architects and MBN Engineering, dated October 6, 2025 Detail Sheets by JLG Architects and MBN Engineering, dated October 6, 2025 Landscape Plan by JLG Architects and Calyx Design Group, dated October 6, 2025 Landscape Enlargement Sheets by JLG Architects and Calyx Design Group, dated October 6, 2025 Landscape Detail Sheets by JLG Architects and Calyx Design Group, dated October 6, 2025 Tree Preservation Plan by JLG Architects and Calyx Design Group, dated October 6, 2025 Tree Preservation Notes and Schedule by JLG Architects and Calyx Design Group, dated October 6, 2025 P1 and First Floor Plans by JLG Architect s dated October 6, 2025 Second and Third Floor Plans by JLG Architects dated October 6, 2025 Fourth and Fifth Floor Plans by JLG Architects dated October 6, 2025 Sixth Floor and Roof Plans by JLG Architects dated October 6, 2025 Exterior Elevations by JLG Architects dated September 11, 2025 Exterior Perspective sheets by JLG Architects dated September 11, 2025 Salt and Snow Management Plans by JLG Architects and MBN Engineering, dated October 6, 2025 Electrical Site Photometric Plan and Details by Emanuelson-Podas, dated October 6, 2025 19 Roers Eden Prairie Development Agreement EXHIBIT C Roers EP Apartments Development Agreement 1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer. 2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale). 3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows: a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance. b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed 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. § 115B.01, et. seq. (“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 Dedicated or Conveyed Property, any Hazardous Substances. d. That no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances. Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, 20 Roers Eden Prairie Development Agreement against any and all loss, costs, damage, or expense, including reasonable attorneys fees, that the City incurs because of the breach of any of the above representations or warranties 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 or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 4. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and recommendations of said Watershed District. 5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property. 6. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property. 7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing 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. 8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the Metropolitan Council to determine the number of SAC units. 9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division. 10. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division. 11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan 21 Roers Eden Prairie Development Agreement completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines. 12. 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, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, 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. 13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. 14. This Agreement is a contract between the City and the Developer and their successors and assigns. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement. 15. Developer acknowledges that the 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 of this Agreement, City may be without an adequate remedy at law. 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 permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy. 16. No failure of the City to comply with any term, condition, or covenant of this Agreement will 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 may be levied upon or collected from the general credit, general fund or taxing powers of the City. 17. 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. 18. The Developer grants the City, its 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. 22 Roers Eden Prairie Development Agreement 19. Developer will pay upon demand to the City all costs actually and reasonably 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, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (“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 will 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 contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City. 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 lapses 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 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 City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement with respect to any term or obligation for which a Security is required. 21. 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 or occupancy on the Property while such a violation is continuing. 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. 22. 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 attorneys’ fees), damages and injunctions relating to any acts, failures 23 Roers Eden Prairie Development Agreement to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents with respect to the development of the Property . Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City. 23. 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. 24. 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 in violation of applicable laws or regulations. 24 Roers Eden Prairie Development Agreement EXHIBIT D TRAIL EASEMENT – ROERS EDEN PRAIRIE APARTMENTS Roers Eden Prairie Apartments LLC, a Delaware limited liability company, its successors and assigns (“Grantor”) hereby grants and conveys this ____ day of _______, 202_, to the City of Eden Prairie, a Minnesota municipal corporation (“Grantee”) an easement (“Easement”) for a 20- foot-wide public trail and related improvements, as more particularly described and shown on Exhibit B attached hereto (the “Trail”) and for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in Hennepin County, Minnesota, as legally described in the attached Exhibit A (“Easement Parcel”). 1. Uses and Purposes. The Easement is for the following purposes and uses of the Easement Parcel: A. For travel by the public, on foot, and in or on non-motorized vehicles, including but not limited to, bicycles, skis, strollers, and skates; B. For travel by the public in or on motorized vehicles authorized by Grantee; C. To remove, cut and trim trees, shrubs, and vegetation. D. To maintain, repair, and replace the Trail if Grantee determines, in its sole discretion, that Grantor has failed to meet its maintenance, repair, or replacement obligations under paragraph 2 of this Easement. 2. Grantor’s Obligations. Grantor will, at its cost and without reimbursement from Grantee, be responsible for the following related to the Easement: A. The construction and installation of the Trail and all trees, shrubs, and vegetation within the Easement Parcel. B. The maintenance, repair, and replacement of the Trail. C. The placement and maintenance of a native grass seed mix in the non-paved area contained within the Easement Parcel. 2. Nonexclusive. The Easement is nonexclusive, provided however, the Easement will be paramount and superior to any other easement granted on the Easement Parcel. Any other easement will be subject and subordinate to, and may not interfere with, the Easement without the written consent of Grantee. Grantor reserves the right to use the Easement Parcel for any purpose that does not materially interfere with the Easement. 25 Roers Eden Prairie Development Agreement 3. Duration of Easement. The Easement is perpetual, runs with the land, and is binding upon Grantor and Grantor’s heirs, successors, and assigns and is for the benefit of Grantee, its successors and assigns. 4. Ownership and Encumbrances. Grantor covenants that Grantor is the record fee owner of the Easement Parcel, has the lawful right and authority without restriction to grant and convey the Easement, and holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except _____________________________________, the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s). 26 Roers Eden Prairie Development Agreement IN WITNESS WHEREOF, the parties to this Agreement have caused this Easement to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By NOT TO BE SIGNED _ Ronald A. Case Its Mayor By NOT TO BE SIGNED _ Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 202_, 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 27 Roers Eden Prairie Development Agreement GRANTOR NOT TO BE SIGNED NOT TO BE SIGNED _ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 202_, by , the , a Minnesota ____________________, on behalf of the corporation. Notary Public Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 28 Roers Eden Prairie Development Agreement EXHIBIT A TRAIL EASEMENT 29 Roers Eden Prairie Development Agreement EXHIBIT B TRAIL DEPICTION 30 Roers Eden Prairie Development Agreement EXHIBIT E Roers EP Apartments Development Agreement INSPECTION AND MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER FACILITIES This Inspection and Maintenance Agreement (“Agreement”) is made and entered into this ____ day of , of the year, 20___, by and between Roers Eden Prairie Apartments LLC, a Delaware limited liability company, its successors and assigns (hereinafter called the “Owner”, whether one or more) and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called “City”). WITNESSETH, that WHEREAS, the City is required by federal and state surface water quality regulations and its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit to prevent surface water quality degradation from development and redevelopment activities within its jurisdiction; WHEREAS, the City has adopted stormwater regulations as required by the MS4 permit and such regulations are contained in Section 11.55 of the Eden Prairie City Code; WHEREAS, a structural stormwater Best Management Practice (BMP) is defined in the MS4 General Permit as "a stationary and permanent BMP that is designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater.” These may include, but are not limited to green roofs, permeable pavement, bioretention basins, rain gardens, infiltration basins, sand filters, stormwater ponds, manufactured treatment devices, and structures that perform chemical treatment of stormwater; WHEREAS, “structural stormwater BMPs” are called “stormwater facilities” in Section 11.55, Subd. 2 of Eden Prairie City Code; WHEREAS, the Owner is the fee owner of real property located at _____________(property address and/or PID)_____________________ and legally described on the attached Exhibit A (“Property”); WHEREAS, the Owner has constructed or will construct certain stormwater facilities on the Property that have been approved by the City in accordance with City Code; 31 Roers Eden Prairie Development Agreement WHEREAS, some or all of the stormwater facilities on the Property serve private property and are not owned, operated or maintained by the City (“Private BMPs”). A drawing showing the general area of Private BMPs is attached to this Agreement as Exhibit B for ease of identification; WHEREAS the City’s MS4 Permit requires the City to have an executed legal mechanism for the inspection and maintenance of Private BMPs. NOW, THEREFORE, in consideration of the benefits received by the Owner as a result of the approval by the City, the Owner does hereby covenant and agree with the City as follows: 1. The Owner will provide long-term maintenance and continuation of the Private BMPs identified in Exhibit B, to ensure that all Private BMPs are and remain in proper working condition in accordance with the original design specifications. The Owner must perform inspection and maintenance activities utilizing the checklists provided in Exhibit C (or similar, approved in advance by City staff), as well as the recommendations set forth in the Minnesota Stormwater Manual. 2. Following final acceptance of the construction by the City, the Owner must maintain a copy of this Agreement on site, together with a record of all inspections and maintenance actions required by this Agreement. The Owner must document the inspections, remedial actions taken to repair, modify or reconstruct the system, the state of the Private BMPs, and notify the City Engineer of any planned change in ownership or management of the system. 3. All Private BMPs must undergo, at a minimum, one (1) inspection annually for two (2) years after completion and final acceptance of the construction. After two (2) annual inspections are approved by the City in writing, all private BMPs must undergo, at a minimum, one (1) inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this Agreement and all federal, state and local regulations. An inspection report for each inspection must be filed with the City through its website within ninety (90) days of the inspection. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Private BMPs. 4. If the City’s NPDES permit is revised in a way that directs the City to manage stormwater treatment systems differently than specified in this agreement, the direction of the NPDES permit will supersede and override the provisions of this Agreement. 5. The Owner hereby grants permission to the City, its authorized agents, contractors, and employees the right of ingress, egress and access to enter the Property at reasonable times and in a reasonable manner for the purpose of inspecting Private BMPs. The Owner hereby 32 Roers Eden Prairie Development Agreement grants to the City the right to enter the Property to install and maintain equipment to monitor or test the performance of the Private BMPs for quality and quantity upon reasonable notice to the Owner. Whenever possible, the City will notify the Owner prior to entering the Property and will use its best efforts not to disturb the Owner’s use and enjoyment of the Property while conducting such inspections. 6. In the event the City determines that the Private BMPs are not being maintained in good working order, the City will give written notice to the Owner to repair, replace, reconstruct or maintain the Private BMPs within a reasonable time, not to exceed 30 days. If the Owner fails to comply with the City’s notice within the time specified, Owner authorizes the City or its agents to enter the Property to repair, reconstruct, replace or perform maintenance on the Private BMPs at the Owner’s expense. It is expressly understood and agreed that the City is under no obligation to maintain or repair any Private BMPs, and in no event will this Agreement be construed to impose any such obligation on the City. 7. In the event the City, pursuant to this Agreement, performs work of any nature on Private BMPs on the Property, or expends any funds in the performance of said work for labor, use equipment, supplies, materials, and the like, the Owner will reimburse the City upon demand, within thirty (30) days of receipt of written request for reimbursement for all costs incurred by the City. If the City has not received payment from the Owner by the end of the thirty (30) day period, the City may use any other remedies available by law to collect the amount due from the Owner, and may also recover and collect from Owner the reasonable expenses of collection, including court costs, and attorney fees. 8. It is the intent of this Agreement to assure the City of proper maintenance of Private BMPs on the Property by the Owner; provided, however, that this Agreement will not be deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by the Private BMPs or stormwater management practices on the Property. 9. The Owner and the Owner’s heirs, executors, administrators, assigns, and any other successors in interest, will indemnify and hold the City and its agents and employees harmless for, and defend against at its own expense, any and all damages, accidents, casualties, occurrence, claims, and expenses, including reasonable attorney’s fees, which might arise or be asserted, in whole or in part, against the City from the construction, presence, existence, or maintenance of the Private BMPs subject to this Agreement. In the event a claim is asserted against the City, its officers, agents or employees, the City will notify the Owner, who must defend at Owner’s expense any suit or other claim against the City with counsel acceptable to the City. 10. No waiver of any provision of this Agreement will affect the right of any party to enforce such provision or to exercise any right or remedy available to it in the event of another 33 Roers Eden Prairie Development Agreement party’s default. 11. The Owner must record this Agreement with the Hennepin County Recorder and/or Registrar of Titles’ Office, as appropriate. This Agreement constitutes a covenant running with the land and will be binding upon the Owner and the Owner’s heirs, administrators, executors, assigns, and any other successors in interest to the Property. 12. The Owner must have the Private BMPs inspected in accordance with Section 11.55 of City Code and certify to the City that the constructed facilities conform to the approved stormwater management plan for the Property. If the constructed condition of the Private BMP or its performance varies significantly from the approved plan, appropriately revised calculations must be provided to the City and the plan must be amended accordingly. 13. The Owner agrees that for any Private BMPs to be maintained by a property owner’s association, deed restrictions and covenants for property included in the association will: (a) include mandatory membership in the property owner’s association responsible for providing maintenance of the Private BMPs; (b) require the association to maintain the private BMPs; (c) prohibit termination of this maintenance responsibility by unilateral action of the association; and (d) provide for unpaid dues or assessments to constitute a lien upon the property of individual owners within the association upon recording a notice of non- payment. 14. This Agreement must be re-approved and re-executed by the City if all or a portion of the Property is subdivided or assembled with other property or if Private BMPs or their drainage areas are modified, causing decreased effectiveness. New, repaired, or improved Private BMPs must be implemented to provide equivalent or better treatment when compared with the original structural stormwater BMPs. 15. The Owner must sweep all private streets, driveways, drive aisles, and parking areas within the Property at least once each year, either in the spring following snowmelt or in the fall after leaf fall. 16. The Owner must submit inspection and maintenance records for each Private BMP to the City's Water Resources Coordinator through the City’s website at the frequency required in this Agreement. The Owner may use the inspection and maintenance checklists found in Exhibit C, or similar documentation as approved by the City. 17. The City may seek any remedy in law or equity against the Owner for a violation of this Agreement. 18. In the event that this Agreement is inconsistent with Eden Prairie City Code regarding the inspection and maintenance of Private BMPs, the provisions which provide greater protection for water resources, as determined by the City in its sole discretion, will prevail. 34 Roers Eden Prairie Development Agreement 19. The recitals set forth above are expressly incorporated herein. (signatures on following pages) 35 Roers Eden Prairie Development Agreement IN WITNESS WHEREOF, Owner and the City have entered this Agreement as of the date written above. OWNER Roers Eden Prairie Apartments LLC, a Delaware limited liability company By: ______________________________ Its: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20__, by _______________________________________, the , of Roers Eden Prairie Apartments LLC, a Delaware limited liability company, on behalf of the company. Notary Public 36 Roers Eden Prairie Development Agreement 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 ________________, 20__, 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 THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 37 Roers Eden Prairie Development Agreement EXHIBIT A: Legal Description of Property Lot 1, Block 1, and Outlot A, Primeland 5th Addition, according to the recorded plat thereof, situate in Hennepin County, Minnesota 38 Roers Eden Prairie Development Agreement EXHIBIT B: Map of Private BMPs on Property, including City water body identification number and areas requiring street sweeping 39 Roers Eden Prairie Development Agreement EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and Maintenance Checklist 40 Roers Eden Prairie Development Agreement Private Stormwater BMP Inspection Checklist Date Inspection Finished: Inspector Name: Inspector Email: Site Name and Address: Description/Type of BMP: BMP Location: City ID for BMP: INSPECTION CHECKLIST Complete at least 1 inspection annually for 2 years after final acceptance of construction; at least 1 every 5 years thereafter. Complete a separate checklist for EACH private stormwater BMP. When complete, email to lhaak@edenprairie.org. Inspected? (date) Item Maintenance Required? Notes Take at least 2 photos of BMP before inspecting. Submit with this form to City. Yes No << Overall assessment of BMP. (If any maintenance is required, Yes. If not, No.) Does the BMP appear to function as designed? Yes No Is there erosion/damage on side slopes and/or around inlets and/or outlets that requires repair? Yes No Do any structures (e.g., flared-end sections, standpipes, drain tiles, concrete aprons) require repair? Yes No Do any pre-treatment areas (e.g., forebay, sump, filter strip, rock) have accumulated sediment, trash and/or debris? Yes No Is there anything in or around the BMP that looks or smells unusual (e.g., oil, paint, foamy)? Yes No If it appears to require immediate attention, call 911. Also, take photos if “Yes.” Is there accumulation of sediment, trash and/or debris in the main/deepest part of the BMP? Yes No Are paved surfaces draining to basin free of sediment and debris? Yes No Is water standing in the BMP more than 48 hours when it should be infiltrating? Yes No N/A Does dead vegetation need to be removed? Any vegetation to be mowed/trimmed? Weeds to be sprayed or removed? Yes No Is replanting of vegetation or seeding necessary? Yes No Is wood mulch at least 3” deep (where required)? Yes No N/A Does anything you observed pose a hazard to the public? Yes No Have you received any neighbor Yes No 41 Roers Eden Prairie Development Agreement complaints about this BMP since the last inspection? Additional Notes: 42 Roers Eden Prairie Development Agreement Private Stormwater BMP Maintenance Checklist Date Maintenance Finished: Operator Name: Operator Email: Description/Type of BMP: BMP Location: City ID for BMP: MAINTENANCE CHECKLIST Any items from “Inspection Checklist” that require follow-up must be completed and documented. Complete a separate checklist for EACH private stormwater BMP. When complete, email to lhaak@edenprairie.org. Maintenance Complete (date) Item Notes Repair erosion/damage on side slopes and/or around inlets and outlets. Repair any damaged/failing structures (e.g., flared-end sections, standpipes, drain tiles, concrete aprons). Clean any pre-treatment areas (e.g., forebay, sump, filter strip, rip rap). All flowing or standing water and adjacent areas looks and smells normal. Maintain basin. Remove any sediment, trash and/or debris. Paved surfaces draining to basin swept and kept free of sediment and debris. Loosen, aerate, or replace soils to ensure water infiltrates within 48 hours. Remove any dead vegetation, trim live vegetation if needed, and remove weeds. Add wood mulch to keep 3” depth or replace mulch, as applicable. Replace dead plants/vegetation. Manage native vegetation through mowing, spot spraying weeds and/or prescribed burning. Water as needed. BMP functions as designed. Any hazards to the public resolved. Take at least 2 photos of BMP after maintenance. Submit with this form to City. Additional Notes: 43 Roers Eden Prairie Development Agreement City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.C. Department: Community Development / Planning Julie Klima / Jeremy Barnhart ITEM DESCRIPTION This is the final approval for the request to develop the property at the Northeast corner of Valley View Road and Interstate 494 into a 157 unit hotel and a 8,000 sq ft restaurant. REQUESTED ACTION Move to: • Approve the Second Reading of an Ordinance for a PUD District Review with waivers on 6.59 acres and Zoning District changes from Rural to Parks and Open Space on 53.01 acres and Rural to C-Regional Service on 6.59 acres; and • Adopt a Resolution approving a Site Plan Review on 6.59 acres; and • Adopt a resolution Conditionally Approving the Development Agreement for Valley View Development SUMMARY This is the second reading for the Valley View Development, which includes subdividing 59.6 acres into 2 lots and 1 outlot and developing a 157 unit hotel and an 8,000 sq ft restaurant on 6.59 acres at the south end of the property. The northern 53.01 acres (Outlot A) will be placed in a Conservation Easement and conveyed to the City, to be protected as natural open space. The 120 day review period has been extended and will expire on January 7th, 2026. ATTACHMENTS Ordinance for PUD and Zoning District Changes Resolution for Site Plan Resolution Conditionally approving the Development Agreement Development Agreement VALLEY VIEW DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2026-PUD-_-2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Parks and Open Space and C-Regional Service Zoning Districts. Section 3. That action was duly initiated proposing that the designation of the land be amended within the C-Regional Service as -2026-PUD-_-2026 (hereinafter "PUD-_-2026”). Section 4. The City Council hereby makes the following findings: A. PUD-_-2026 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2026 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2026 are justified by the design of the development described therein. D. PUD-_-2026 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the Parks and Open Space and C-Regional Service Zoning Districts respectively as noted in Exhibit A and the C-Regional Service property shall be included hereafter in the Planned Unit Development PUD-_-2026 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between CSM Acquisitions, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2026, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. 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 21st day of October, 2025, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 6th day of January, 2026. ATTEST: ___________________________ __________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2026. EXHIBIT A Legal Description: Legal Description (Pre Platting): To be zoned Parks/ Open Space: Commencing at the southeast corner of Government Lot 2, Section 11, Township 116, Range 22; thence North 0 degrees 05 minutes 41 seconds West, assumed bearing, along the east line of said Government Lot 2, a distance of 1237.61 feet; thence North 44 degrees 05 minutes 41 seconds West a distance of 378.00 feet; thence North 0 degrees 05 minutes 41 seconds West a distance of 240.00 feet to the point of beginning of the Parcel to be described; thence South 0 degrees 05 minutes 41 seconds East a distance of 240.00 feet; thence South 44 degrees 05 minutes 41 seconds East a distance of 378.00 feet; thence South 0 degrees 05 minutes 41 seconds East a distance of 1142.12 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 166.16 feet; thence North 35 degrees 00 minutes 00 seconds West a distance of 118.39 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 399.90 feet to the east line of Interstate Highway No. 494; thence North 18 degrees 31 minutes 51 seconds West along said east line a distance of 303.70 feet; thence North 68 degrees 09 minutes 25 seconds West continuing along said east line a distance of 183.77 feet; thence North 18 degrees 31 minutes 51 seconds West continuing along said east line a distance of 1454.06 feet to the intersection with the northerly extension of the west line of said Government Lot 2; thence North 0 degrees 28 minutes 06 seconds West, along said line extension a distance of 662.48 feet to the north line of Section 11, Township 116, Range 22; thence North 87 degrees 57 minutes 45 seconds East, along said north line a distance of 714 feet, more or less, to the shore of Bryant Lake, formally known as Bryants Long Lake; thence southerly and southeasterly along said shore line to the intersection with a line that bears North 36 degrees 24 minutes 19 seconds East from the point of beginning; thence South 36 degrees 24 minutes 19 seconds West a distance 221 feet, more or less, to the point of beginning. To be zoned C-Regional Service and PUD: Beginning at the southeast corner of Government Lot 2, Section 11, Township 116, Range 22; thence North 0 degrees 05 minutes 41 seconds West, assumed bearing, along the east line of said Government Lot 2 a distance of 95.49 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 166.16 feet; thence North 35 degrees 00 minutes 00 seconds West a distance of 118.39 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 399.90 feet to the east line of Interstate Highway No. 494; thence South 3 degrees 16 minutes 22 seconds West continuing along said east line a distance of 107.69 feet; thence South 18 degrees 31 minutes 51 seconds East continuing along said east line a distance of 440.00 feet; thence North 90 degrees 00 minutes 00 seconds East continuing along said east line, a distance of 500.97 feet to the east line of the Northeast Quarter of the Southwest Quarter of Section 11; thence North 0 degrees 05 minutes 41 seconds West along said east line a distance of 332.26 feet to the point of beginning. Legal Description (Post Platting): To be zoned Parks/ Open Space: Outlot A, BRYANT LAKE HILLS, Hennepin County, Minnesota. To be zoned C-Regional Service and PUD: Lot 1 and Lot 2, Block 1, BRYANT LAKE HILLS, Hennepin County, Minnesota. VALLEY VIEW DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2026-PUD-_-2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 11902 Valley View Road from the Rural Zoning District to the Parks and Open Space and C-Regional Service Zoning Districts and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2026. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR VALLEY VIEW DEVELOPMENT BY CSM ACQUISITIONS, LLC WHEREAS, CSM Acquisitions, has applied for Site Plan approval of Valley View Development, which includes a hotel, a restaurant, and supporting infrastructure improvements; WHEREAS, zoning approval for the Valley View Development was granted by an Ordinance approved by the City Council on January 6th, 2026; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 22, 2025 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 21, 2025 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in Exhibit A attached hereto is granted to CSM Acquisitions, LLC, subject to the Development Agreement between CSM Acquisitions, LLC and the City of Eden Prairie, reviewed and approved by the City Council on January 6, 2026. ADOPTED by the City Council of the City of Eden Prairie this ___ day of ____________, 2026. ____________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk EXHIBIT A Site Plan Legal Description before platting: Legal Description Prior to Final Plat Beginning at the southeast corner of Government Lot 2, Section 11, Township 116, Range 22; thence North 0 degrees 05 minutes 41 seconds West, assumed bearing, along the east line of said Government Lot 2 a distance of 95.49 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 166.16 feet; thence North 35 degrees 00 minutes 00 seconds West a distance of 118.39 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 399.90 feet to the east line of Interstate Highway No. 494; thence South 3 degrees 16 minutes 22 seconds West continuing along said east line a distance of 107.69 feet; thence South 18 degrees 31 minutes 51 seconds East continuing along said east line a distance of 440.00 feet; thence North 90 degrees 00 minutes 00 seconds East continuing along said east line, a distance of 500.97 feet to the east line of the Northeast Quarter of the Southwest Quarter of Section 11; thence North 0 degrees 05 minutes 41 seconds West along said east line a distance of 332.26 feet to the point of beginning. Legal Description after platting: Lot 1 and Lot 2, Block 1, BRYANT LAKE HILLS, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026-____ A RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR VALLEY VIEW DEVELOPMENT WHEREAS, the Developer has requested to sign and execute the Development Agreement for Valley View Development (the “Project”) at the closing of Developer’s purchase of the property at 11902 Valley View Road; and, WHEREAS, the City is amenable to allowing the Developer to sign and execute the Development Agreement at the closing; and, WHEREAS, the approval of this Agreement, second reading of Ordinance No ____ , and Resolution No granting Site Plan approval are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that CSM RI Eden Prairie II, LLC has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to April 8, 2026, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect; and, WHEREAS, the City Council has reviewed the Project at a public hearing at its October 21, 2025, meeting. WHEREAS, the City Council has reviewed the Development Agreement for the Project at its January 6, 2026, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between CSM RI Eden Prairie II, LLC and the City of Eden Prairie is conditionally approved by the City Council on January 6, 2026, and is conditioned upon the Developer providing the City Manager documentation that the CSM RI Eden Prairie II, LLC has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to April 8, 2026, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect. ADOPTED by the City Council of the City of Eden Prairie this 6th day of January, 2026. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk Valley View Development Agreement January 6, 2026 DEVELOPMENT AGREEMENT Valley View Development THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2026, by CSM RI EDEN PRAIRIE II, LLC, a Minnesota 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 Parks and Open Space, Office, and Medium Density Residential to Parks and Open Space and Commercial on 59.6 acres, Planned Unit Development Concept Review on 6.59 acres, Planned Unit Development District Review with waivers on 6.59 acres, Zoning District Change from Rural to Parks and Open Space on 53.01 acres and from Rural to C-Regional Service Zoning District on 6.59 acres, Site Plan Review on 6.59 acres, and Preliminary Plat of 59.6 acres into 2 lots and 1 outlot (the “Applications”), for real property legally described on Exhibit A (the “Property”); and WHEREAS, Developer’s predecessor-in-interest and City entered into that certain Development Agreement dated December 16, 2008 and filed with the Hennepin County Registrar of Titles’ Office on December 23, 2008 as Document No. 4601929, pertaining to the Property (“Original Development Agreement”). NOW, THEREFORE, in consideration of the City adopting Resolution No.__________ for Guide Plan Change, Resolution No. __________ for Planned Unit Development Concept Valley View Development Agreement January 6, 2026 Review, Ordinance No. __________ for Planned Unit Development District Review and Zoning District Change from _________ to ___________ on _______ acres, Resolution No. ____________ for Site Plan Review, and Resolution No. __________ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PRIOR DEVELOPMENT AGREEMENT. This Agreement supersedes in its entirety the Original Development Agreement as it applies to the Property. The Original Development Agreement shall remain in full force and effect as applied to the remainder of the Property covered by the Original Development Agreement. 2. PLANS: Developer must develop the Property in conformance with the materials revised and stamp dated ______________, reviewed and approved by the City Council on October 21, 2025, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 3. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 4. ACCESS PERMIT: Prior to Land Alteration permit issuance, Developer must obtain from Hennepin County a permit for work in the County right of way and provide a copy of the permit to the City Engineer. 5. CASH PARK FEES: In lieu of dedication of land, Developer must pay cash park fees for 6.59 commercial acres as required by City Code in effect as of the date of the issuance of the initial building permit for each lot on the Property. 6. CROSS ACCESS PARKING, UTILITY AND MAINTENANCE EASEMENT DOCUMENT: Prior to release of the final plat for the Property, Developer must provide a Cross Access Parking, Utility Easement and Maintenance Agreement over the private driveways and infrastructure located within Lots 1 and 2 of the Property. The form of the Agreement must be approved in writing by the City Engineer. This Agreement must address joint vehicle access, parking, and maintenance over the private streets, storm sewers, sanitary sewer, watermain and stormwater management facilities. All of these facilities will be privately owned and maintained by the Developer. After approval by the City, Developer must file the Cross Access Parking, Utility Easement and Maintenance Agreement with the Hennepin County Recorder or Registrar of Titles’ Office as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer must submit to the City Engineer proof that the Cross Access Parking, Utility Easement and Maintenance Agreement has been recorded in the Hennepin County Recorder and/or Registrar of Titles’ Office as appropriate. Valley View Development Agreement January 6, 2026 7. OUTLOT A: For the protection of Outlot A’s natural site features, Developer has agreed to convey Outlot A to the City for $1.00. Developer and the City have agreed that this conveyance will take place after January 1, 2027. Prior to release of the final plat, Developer will convey to the City a Temporary Conservation Easement over Outlot A in the form attached hereto as Exhibit D. The Temporary Conservation Easement must be recorded contemporaneously with the recording of the final plat, in the recording order approved by the City. Prior to issuance of the first building permit for the Property, Developer must permanently demarcate the location of the boundaries of the Temporary Conservation Easement area on each lot property line or corner with permanent four-foot tall posts. A minimum three (3) by eight (8) inch sign reading “Protected Area: No Mowing Allowed” or “Wetland and buffers filter pollutants, reduce flooding and provide habitat” or another statement approved by the City, will be affixed to the top of the post. The Temporary Conservation Easement will expire upon Developer’s conveyance of Outlot A to the City. On or before December 15, 2026, Developer must provide to the City Planner for their review a draft warranty deed for Outlot A along with a title commitment for an owner’s policy of title insurance (the “Title Policy”). Upon the City’s approval of the draft deed and the title commitment, Developer will execute, convey, and record the warranty deed to the City no earlier than January 1, 2027 and no later than January 15, 2027. The City will not issue any Certificate of Occupancy for the Property until the warranty deed has been recorded with Hennepin County. In conjunction with the conveyance and recording of the deed, Developer will pay the premium cost of and provide to the City the Title Policy insuring good and marketable title in the City in a policy amount determined by the City. The City shall be responsible for the cost of any title endorsements or extended title coverage requested by the City. Developer will be responsible for payment of all property taxes on Outlot A prorated to the date of recording of the warranty deed. 8. ENDANGERED, THREATENED, AND SPECIAL SPECIES. Prior to the issuance of a land alteration permit, an avian survey of the land within 660 feet of the construction limits must be completed to verify the permitting requirements for an Eagle Disturbance or an Eagle Nest Take, as regulated by applicable state and Federal law. 9. EMERGENCY RESPONDER RADIO COVERAGE: Property owner shall be responsible for ensuring building meets the requirements of Minnesota State Fire Code Appendix P relating to emergency responder radio coverage. 10. EXTERIOR MATERIALS: As part of the building permit application materials, 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 Valley View Development Agreement January 6, 2026 consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 11. 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. Prior to release of the final plat, Developer shall pay for engineering land development services, (5% of construction cost for public infrastructure improvements), final plat application and processing fees, streetlight fees, and street sign fees related to the development project area. 12. 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. Areas of Zone A and Zone AE floodplain with written base flood elevation(s); 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 the land alteration permit application as described below and in accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level Valley View Development Agreement January 6, 2026 (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”); 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 Valley View Development Agreement January 6, 2026 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 infiltration area(s)); and 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. 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. 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 acceptance of the public infrastructure 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. If the Valley View Development Agreement January 6, 2026 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. The Developer must provide proof that an Inspection and Maintenance Agreement for Private Stormwater Facilities in the form attached hereto as Exhibit F has been recorded prior to the issuance of the Land Alteration Permit. 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 RELEASE: 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. 13. GRADING/ TREE REMOVAL IN THE WOODED AREAS ON SITE: Prior to issuance of a land alteration permit for grading/ tree removal near the construction limits, delineated on Sheet C-004.1 in Exhibit B, Developer must submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to any grading on the Property, Developer must place a construction fence (silt fence allowed as construction fence as approved by the City) on the approved construction grading limits. Developer must notify the City 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer must maintain the construction limit fence until the City grants written approval to remove the fence. 14. 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 Valley View Development Agreement January 6, 2026 with the terms and conditions of Exhibit C. Irrigation system water meter shall be installed on taxable property. Permanent irrigation systems must not be installed within the shore impact zone, bluffs, and steep slopes. 15. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to the release of the land alteration permit, the Developer must pay the cash payment in lieu of tree replacement as provided by City Code Section 11.55, Subd. 4. The cash payment is based on 87 inches of tree replacement. The cash payment may be re-calculated in accordance with the fee schedule in effect at the time of the issuance of the land alteration permit and the actual number of caliper inches removed. 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 and a final landscape or tree replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. 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 and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement 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 or tree replacement 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 will be released in accordance with the terms of the landscape agreement. Valley View Development Agreement January 6, 2026 16. 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 is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. 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. 17. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City a mortgagee consent and subordination in a form approved by the City and attach the executed form to the Agreement submitted for recording. 18. 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 Natural Resources, he Minnesota Department of Health, 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. 19. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory, or refuse. 20. PURPOSELY LEFT BLANK 21. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code Valley View Development Agreement January 6, 2026 requirements within the C-Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD ( ): 1. City Code § 11.25 limits maximum building height to 40 feet. The waiver allows the building to be 52 feet, 2 inches high. 2. City Code § 11.50 requires structures to be set back a minimum of 200 feet from the ordinary high water level (OHWL) of public waters. The waiver allows structures to be set back only 100 feet from the OHWL of SuperValu Pond. 3. City Code § 11.50 prohibits vegetation removal within a Shore Impact Zone. The waiver allows removal of vegetation in the Shore Impact Zone of SuperValu Pond per the approved Exhibit B plans. Areas disturbed must be reseeded with native vegetation. 22. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer must submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans confirming demolition and removal of any existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer must provide to the City a deposit in the form of a cashier’s check in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The City will return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 23. 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 from footing to top of wall. Retaining walls must not be constructed in a drainage or utility easement area, bluffs, or within the Shore Impact Zone. 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 Property. Valley View Development Agreement January 6, 2026 All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns. 24. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 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. Any signs shown on the Plans are illustrative only and are not considered approved. 25. SITE LIGHTING: All lighting shall comply with the lighting and photometric plans in Exhibit B. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property. 26. SHORE IMPACT ZONE. Areas of the Shore Impact Zone of Supervalu Pond disturbed during construction must be inspected daily until permanently stabilized to verify that perimeter control is functional and any gullies or other erosion features are identified. Deficient perimeter control and erosion within the Shore Impact Zone must be corrected immediately. If work within the Shore Impact Zone ceases for more than two (2) full days, the disturbed area of the Shore Impact Zone must be temporarily stabilized. 27. SUSTAINABLE BUILDING STANDARD: Consistent with the City’s Sustainable Building Standard requirements for Commercial Developments. Developer must meet the following requirements: A. Project must be certified under the following Sustainable Building Rating System: LEED-Certified Silver (or above) within 12 months of occupancy. B. Project must meet the following Eden Prairie requirements: a. Calculate and report greenhouse gas emissions predictions as outlined in GHG Emissions worksheet. b. Install two (2) DCFC and six (6) Level 2 electric vehicle charging spaces by time of occupancy. Four (4) additional spaces must meet EV-Ready requirements, and an additional four (4) spaces must be at least EV-Capable. Eight (8) total additional parking spaces should be able to support L2 EV charging in the future. All planned and future EV parking spaces should be shown on approved site plan. c. Construction must meet solar-ready standards as defined by LEED. Calculations for cost effectiveness should be submitted as noted in worksheet. C. Developer agrees to provide updated worksheets prior to building permit approval, Valley View Development Agreement January 6, 2026 close-out submittal documentation prior to certificate of occupancy, and complete post-occupancy submittal requirements within 12 months of occupancy. 28. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the enclosure as depicted on the Plans. 29. TRASH ENCLOSURE: The trash enclosure(s) must be constructed with the materials as depicted in Exhibit B to match the building, include a roof, and include gates that completely screen the interior of the enclosure. Developer must complete the trash enclosure prior to issuance of any occupancy permit for the lot on which its placed. 30. UTILITY EASEMENTS: Developer agrees that prior 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. 31. 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 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 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. Prior to October 31 each year, the Owner must provide City Water Resources staff with the name, phone number, and email address of the on-site property manager and the winter maintenance contractor(s). Snow must not be stored in any required parking, stormwater treatment areas, bluffs, steep slopes, natural waterbodies, or the Shore Impact Zone. If the Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property. The Developer or Owner must conduct street sweeping of the parking lot and drive aisles within 72 hours of such a request from the City Engineer. 32. 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 Valley View Development Agreement January 6, 2026 Water Resources Coordinator’s approval of a “Wetland Plan” as that term is defined in City Code § 11.51, subd. 3. The 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 annually until two full growing seasons following completion of the development 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 permanent Conservation Easement in the form attached as Exhibit E, for review and written approval by the Valley View Development Agreement January 6, 2026 Water Resources Coordinator, for the bluff and steep slope area(s) on Lot 1 as delineated on the 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 contemporaneous with the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns, in the recording order as approved by the City. 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 Property prior to release of the first building permit for any portion of the Property. 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 the City and 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 with a corporation 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 (“Wetland Security”). 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. Valley View Development Agreement January 6, 2026 Valley View Development Agreement January 6, 2026 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 ________________, 2026, 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 Valley View Development Agreement January 6, 2026 CSM RI EDEN PRAIRIE II, LLC By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2026, by _______________________________________, the , of CSM RI Eden Prairie II, LLC, a Minnesota 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 Valley View Development Agreement January 6, 2026 EXHIBIT A VALLEY VIEW DEVELOPMENT AGREEMENT Legal Description Before Final Plat Par 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township 116, Range 22, all described as beginning at the Southeast corner of said Government Lot 2; thence West to the Southwest corner of said Government Lot 2; thence North along the West line of said Government Lot 2 and its extension to the North line of said Section 11; thence East along said North line to the shore of Bryant's Long Lake; thence Southeasterly along said shore to the North and South Quarter line of said Section 11; thence South along said North and South Quarter line to the point of beginning, which lies Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document Number 3677302, according to the Government Survey thereof; except that part of said Government Lot 2 lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to the right 44 degrees 00 minutes 00 seconds a distance of 240.00 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant's Lake and there terminating. Par 2: That part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, which lies Northerly of the Northerly right-of-way of County Road Number 60 and Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document Numbers 3677302 and 3723053. The East, West and North boundary lines of the above described land, except the shore line of Bryant's Long Lake have been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744; (as to Par 1) The East boundary line of the above described land has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745; (As to Par 2) (Torrens Property - Certificate of Title No. 570246) Legal Description After Final Plat Lots 1 and 2, Block 1, and Outlot A, BRYANT LAKE HILLS, Hennepin County, Minnesota Valley View Development Agreement January 6, 2026 EXHIBIT B VALLEY VIEW DEVELOPMENT AGREEMENT 1. Project Narrative dated September 30, 2025 by Alliant 2. Cover sheet dated November 19, 2025 by Alliant 3. Preliminary Plat dated November 19, 2025 by Alliant 4. Overall Site Plan dated November 19, 2025 by Alliant 5. Site Plan dated November 19, 2025 by Alliant 6. Access Easement Plan dated November 19, 2025 by Alliant 7. Snow Storage Plan dated November 19, 2025 by Alliant 8. Site-Truck movements-in sheet dated October 21, 2025 by Alliant 9. Site-Truck movements-out dated November 19, 2025 by Alliant 10. Signage Plan dated November 19, 2025 by Alliant 11. Overall Grading Plan dated November 19, 2025 by Alliant 12. Grading Plan dated November 19, 2025 by Alliant 13. Bluff and Steep Slope- Overall dated November 19, 2025 by Alliant 14. Buff and Steep Slopes Map dated November 19, 2025 by Alliant 15. Erosion Control Plan dated November 19, 2025 by Alliant 16. Stormwater Pollution Prevention Plan (SWPPP) dated November 19, 2025 by Alliant 17. Erosion Control and Stormwater Details Cover sheet dated November 19, 2025 by Alliant 18. Overall Preliminary Utility Plan dated November 19, 2025 by Alliant 19. Preliminary Utility Plan dated November 19, 2025 by Alliant 20. Detail sheets dated November 19, 2025 by Alliant 21. Tree Preservation Plan – Overall dated November 19, 2025 by Alliant 22. Tree Preservation Views A, B, and C dated November 19, 2025 by Alliant 23. Tree Inventory sheets dated November 19, 2025 by Alliant 24. Landscape Plans dated November 19, 2025 by Alliant 25. Photometric Plan dated October 21, 2025 by Alliant 26. Architectural Floor Plans stamp dated October 21, 2025 by ESG 27. Architectural Elevations stamp dated October 21, 2025 by ESG 28. Renderings stamp dated October 21, 2025 by Alliant 29. Parking Generation Study dated July 29, 2025 by Alliant Engineering 30. Wetland Investigation dated June 14, 2021 by Anderson 31. Traffic Impact Analysis dated May 23, 2025 by Alliant Engineering Valley View Development Agreement January 6, 2026 EXHIBIT C VALLEY VIEW DEVELOPMENT AGREEMENT 1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer. 2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale). 3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows: a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance. b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed 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. § 115B.01, et. seq. (“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 Dedicated or Conveyed Property, any Hazardous Substances. d. That no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances. Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, against any and all loss, costs, damage, or expense, including reasonable attorneys fees, Valley View Development Agreement January 6, 2026 that the City incurs because of the breach of any of the above representations or warranties 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 or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 4. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and recommendations of said Watershed District. 5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property. 6. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property. 7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing 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. 8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the Metropolitan Council to determine the number of SAC units. 9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division. 10. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division. 11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building Valley View Development Agreement January 6, 2026 locations and all proposed streets, with approved street names, lot arrangements, and property lines. 12. 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, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, 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. 13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. 14. This Agreement is a contract 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 person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement. 15. Developer acknowledges that the 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 of this Agreement, City may be without an adequate remedy at law. 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 permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy. 16. No failure of the City to comply with any term, condition, or covenant of this Agreement will 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 may be levied upon or collected from the general credit, general fund or taxing powers of the City. 17. 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. 18. The Developer grants the City, its 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. 19. Developer will pay upon demand to the City all costs incurred by the City in conjunction Valley View Development Agreement January 6, 2026 with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “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 will 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 contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City. 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 lapses 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 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 City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement. 21. 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 or occupancy on the Property while such a violation is continuing. 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. 22. 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 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 Valley View Development Agreement January 6, 2026 responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City. 23. 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. 24. 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 in violation of applicable laws or regulations. Valley View Development Agreement January 6, 2026 EXHIBIT D VALLEY VIEW DEVELOPMENT AGREEMENT TEMPORARY CONSERVATION EASEMENT THIS TEMPORARY CONSERVATION EASEMENT (“Easement”) is made this _____ day of _______________, 2026 (the “Effective Date”), by and between CSM RI EDEN PRAIRIE II, LLC, a Minnesota limited liability company, hereinafter referred to as “Grantor,” and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as “City”; WHEREAS, Grantor is the fee owner 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: ; and WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a temporary conservation easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts, over that portion of the Property as legally described in Exhibit B, 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 easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions apply to the Easement Area: A. The Easement Area must be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation may 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, may occur within the Easement Area. Valley View Development Agreement January 6, 2026 B. No building, road, sign, billboard, utility, or other structure may be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill may 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 including, but not limited, to excavation, dredging, movement, and removal or placement of soil, is 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. Except as described in the second “Whereas” clause above, Grantor has marketable title free and clear of all liens, encumbrances, and mortgages. 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 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; 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 Easement Area on the property line or corner of each lot, as shown on Exhibit C. The monuments must be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign must be a minimum of 2 ½ by 6 inches (2.5” x 6”) that is mounted flush with the top of the post and must include the statement “Conservation Easement, City of Eden Prairie”. The Valley View Development Agreement January 6, 2026 post must be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is prohibited. 5. Grantor will maintain the Easement Area subject to the provisions stated herein. 6. This Easement will be temporary. The Easement will commence upon the Effective Date and will expire upon Grantor’s conveyance and recording of a warranty deed from Grantor to the City for the Property. 7. Nothing contained herein will impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. The provisions of this Easement will be binding upon and enforceable against the Property and the Grantor and its successors and assigns. Valley View Development Agreement January 6, 2026 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 NOT TO BE SIGNED __ Ronald A. Case Its Mayor By NOT TO BE SIGNED ___ Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2026, 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 THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Valley View Development Agreement January 6, 2026 GRANTOR CSM RI EDEN PRAIRIE II, LLC ____NOT TO BE SIGNED _____NOT TO BE SIGNED _ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2026, by , the , of CSM RI Eden Prairie II, LLC a Minnesota ____________________, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Valley View Development Agreement January 6, 2026 EXHIBIT A to Temporary Conservation Easement “THE PROPERTY” Legal Description Before Final Plat Par 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township 116, Range 22, all described as beginning at the Southeast corner of said Government Lot 2; thence West to the Southwest corner of said Government Lot 2; thence North along the West line of said Government Lot 2 and its extension to the North line of said Section 11; thence East along said North line to the shore of Bryant's Long Lake; thence Southeasterly along said shore to the North and South Quarter line of said Section 11; thence South along said North and South Quarter line to the point of beginning, which lies Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document Number 3677302, according to the Government Survey thereof; except that part of said Government Lot 2 lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to the right 44 degrees 00 minutes 00 seconds a distance of 240.00 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant's Lake and there terminating. Par 2: That part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, which lies Northerly of the Northerly right-of-way of County Road Number 60 and Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document Numbers 3677302 and 3723053. The East, West and North boundary lines of the above described land, except the shore line of Bryant's Long Lake have been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744; (as to Par 1) The East boundary line of the above described land has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745; (As to Par 2) (Torrens Property - Certificate of Title No. 570246) Legal Description After Final Plat Lots 1 and 2, Block 1, Outlot A, BRYANT LAKE HILLS, Hennepin County, Minnesota Valley View Development Agreement January 6, 2026 EXHIBIT B to Temporary Conservation Easement “EASEMENT AREA” Legal Description Before Final Plat Commencing at the southeast corner of Government Lot 2, Section 11, Township 116, Range 22; thence North 0 degrees 05 minutes 41 seconds West, assumed bearing, along the east line of said Government Lot 2, a distance of 1237.61 feet; thence North 44 degrees 05 minutes 41 seconds West a distance of 378.00 feet; thence North 0 degrees 05 minutes 41 seconds West a distance of 240.00 feet to the point of beginning of the Parcel to be described; thence South 0 degrees 05 minutes 41 seconds East a distance of 240.00 feet; thence South 44 degrees 05 minutes 41 seconds East a distance of 378.00 feet; thence South 0 degrees 05 minutes 41 seconds East a distance of 1142.12 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 166.16 feet; thence North 35 degrees 00 minutes 00 seconds West a distance of 118.39 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 399.90 feet to the east line of Interstate Highway No. 494; thence North 18 degrees 31 minutes 51 seconds West along said east line a distance of 303.70 feet; thence North 68 degrees 09 minutes 25 seconds West continuing along said east line a distance of 183.77 feet; thence North 18 degrees 31 minutes 51 seconds West continuing along said east line a distance of 1454.06 feet to the intersection with the northerly extension of the west line of said Government Lot 2; thence North 0 degrees 28 minutes 06 seconds West, along said line extension a distance of 662.48 feet to the north line of Section 11, Township 116, Range 22; thence North 87 degrees 57 minutes 45 seconds East, along said north line a distance of 714 feet, more or less, to the shore of Bryant Lake, formally known as Bryants Long Lake; thence southerly and southeasterly along said shore line to the intersection with a line that bears North 36 degrees 24 minutes 19 seconds East from the point of beginning; thence South 36 degrees 24 minutes 19 seconds West a distance 221 feet, more or less, to the point of beginning. Legal Description After Final Plat Outlot A, BRYANT LAKE HILLS, Hennepin County, Minnesota Valley View Development Agreement January 6, 2026 EXHIBIT C to Temporary Conservation Easement “EASEMENT AREA” DIAGRAM Valley View Development Agreement January 6, 2026 EXHIBIT E VALLEY VIEW DEVELOPMENT AGREEMENT CONSERVATION EASEMENT THIS EASEMENT AGREEMENT (“Easement”) is made this _____ day of _______________, 2026, by and between CSM RI EDEN PRAIRIE II, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner 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: ; and WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservation easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts, over that portion of the Property as legally described in Exhibit B, 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 easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions apply to the Easement Area: A. The Easement Area must be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation may 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, may occur within the Easement Area. B. No building, road, sign, billboard, utility, or other structure may be placed Valley View Development Agreement January 6, 2026 in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill may 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 including, but not limited, to excavation, dredging, movement, and removal or placement of soil, is 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. Except as described in the second “Whereas” clause above, Grantor has marketable title free and clear of all liens, encumbrances, and mortgages. 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 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; 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 Easement Area on the property line or corner of each lot, as shown on Exhibit C. The monuments must be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign must be a minimum of 2 ½ by 6 inches (2.5” x 6”) that is mounted flush with the top of the post and must include the statement “Conservation Easement, City of Eden Prairie”. The post must be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is Valley View Development Agreement January 6, 2026 prohibited. 5. Grantor will maintain the Easement Area subject to the provisions stated herein. 6. This Easement will be perpetual, will run with the Property, and will bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein will impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 9. The provisions of this Easement will be binding upon and enforceable against the Property and the Grantor and its successors and assigns. Valley View Development Agreement January 6, 2026 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 NOT TO BE SIGNED __ Ronald A. Case Its Mayor By NOT TO BE SIGNED ___ Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2026, 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 THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Valley View Development Agreement January 6, 2026 GRANTOR ____NOT TO BE SIGNED _____NOT TO BE SIGNED _ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2026, by , the , a Minnesota ____________________, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Valley View Development Agreement January 6, 2026 EXHIBIT A to Conservation Easement “THE PROPERTY” Legal Description Before Final Plat Par 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township 116, Range 22, all described as beginning at the Southeast corner of said Government Lot 2; thence West to the Southwest corner of said Government Lot 2; thence North along the West line of said Government Lot 2 and its extension to the North line of said Section 11; thence East along said North line to the shore of Bryant's Long Lake; thence Southeasterly along said shore to the North and South Quarter line of said Section 11; thence South along said North and South Quarter line to the point of beginning, which lies Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document Number 3677302, according to the Government Survey thereof; except that part of said Government Lot 2 lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to the right 44 degrees 00 minutes 00 seconds a distance of 240.00 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant's Lake and there terminating. Par 2: That part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, which lies Northerly of the Northerly right-of-way of County Road Number 60 and Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document Numbers 3677302 and 3723053. The East, West and North boundary lines of the above described land, except the shore line of Bryant's Long Lake have been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744; (as to Par 1) The East boundary line of the above described land has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745; (As to Par 2) (Torrens Property - Certificate of Title No. 570246) Legal Description After Final Plat Lots 1 and 2, Block 1, Outlot A, BRYANT LAKE HILLS, Hennepin County, Minnesota Valley View Development Agreement January 6, 2026 EXHIBIT B to Conservation Easement “EASEMENT AREA” BLUFF CONSERVATION EASEMENT DESCRIPTION An easement for Bluff Conservation purposes over, under, and across that part of Lot 1, Block 1, BRYANT LAKE HILLS, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 1; thence North 90 degrees 00 minutes 00 secondsEast, assumed bearing along the north line of said Lot 1, a distance of 77.33 feet to a point hereinafter known as "Point A"; thence continuing North 90 degrees 00 minutes 00 seconds East, along said north line of Lot 1, a distance of 105.98 feet to the point of beginning; thence South 11 degrees 37minutes 17 seconds West 2.35 feet; thence South 24 degrees 19 minutes 39 seconds East 10.86 feet; thence South 24 degrees 14 minutes 28 seconds West 54.41 feet; thence South 15 degrees 43 minutes 15 seconds West 62.16 feet; thence South 00 degrees 08 minutes 57 seconds East 59.76 feet; thence South 06 degrees 37 minutes 30 seconds West 26.37 feet; thence South 09 degrees 33 minutes 27 seconds East a distance of 49.02 feet; thence South 40 degrees 20 minutes 22 seconds West 30.33 feet; thence South 38 degrees 20 minutes 56 seconds West 39.98 feet; thence North 31 degrees 28 minutes 26 seconds West 41.99 feet; thence North 23 degrees 07 minutes 54 seconds West 35.16 feet; thence North 17 degrees 32 minutes 30 seconds West 5.85 feet; thence North 18 degrees 39 minutes 16 seconds West 34.76 feet; thence North 16 degrees 02 minutes 58 seconds West 8.27 feet; thence North 19 degrees 07 minutes 09 seconds West 38.08 feet; thence North 13 degrees 14 minutes 55 seconds West 8.90 feet; thence North 07 degrees 44 minutes 23 seconds West 37.87 feet; thence North 16 degrees 17 minutes 12 seconds East 58.80 feet; thence North 00 degrees 06 minutes 16 seconds East 15.47 feet; thence North 18 degrees 05 minutes 13 seconds East 19.06 feet; thence North 66 degrees 15 minutes 49 seconds East 9.34 feet; thence North 21 degrees 14 minutes 09 seconds East 23.37 feet to the previously mentioned "Point A"; thence North 90 degrees 00 minutes 00 seconds East, along said north line of Lot 1, a distance of 105.98 feet to the point of beginning. WETLAND BUFFER EASEMENT DESCRIPTION An easement for a wetland buffer purposes over, under, and across those parts of Lots 1 and 2, Block 1, BRYANT LAKE HILLS, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 2; thence North 90 degrees 00 minutes 00 seconds West, assumed bearing along the north line of said Lot 2, a distance of 116.16 feet to the most easterly northeast corner of said Lot 1; thence North 90 degrees 00 minutes 00 seconds West, along the north line of said Lot 1, a distance of 47.20 feet to an angle point on said north line of lot one; thence North 35 degrees 00 minutes 00 West, along said north line of Lot 1, a distance of 123.27 feet to an angle point on said north line of Lot 1; thence North 90 degrees 00 minutes 00 West, along said north line of Lot 1, a distance of 20.41 feet; thence South 24 degrees 13 minutes 17 East 57.36 feet; thence South 37 degrees 24 minutes 16 seconds East 151.59 feet; thence North 89 degrees 37 minutes 44 seconds East Valley View Development Agreement January 6, 2026 138.99 feet to the east line of said Lot 2; thence North 00 degrees 06 minutes 00 seconds West, along said east line of Lot 2, a distance of 70.85 feet to the point of beginning. Valley View Development Agreement January 6, 2026 EXHIBIT C to Conservation Easement Valley View Development Agreement January 6, 2026 “EASEMENT AREA” DIAGRAM Valley View Development Agreement January 6, 2026 Valley View Development Agreement January 6, 2026 Valley View Development Agreement January 6, 2026 Valley View Development Agreement January 6, 2026 S EXHIBIT F VALLEY VIEW DEVELOPMENT AGREEMENT INSPECTION AND MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER FACILITIES This Inspection and Maintenance Agreement (“Agreement”) is made and entered into this ____ day of , of the year, 20___, by and between CSM RI Eden Prairie II, LLC, a Minnesota limited liability company, its successors and assigns (hereinafter called the “Owner”, whether one or more) and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called “City”). WITNESSETH, that WHEREAS, the City is required by federal and state surface water quality regulations and its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit to prevent surface water quality degradation from development and redevelopment activities within its jurisdiction; WHEREAS, the City has adopted stormwater regulations as required by the MS4 permit and such regulations are contained in Section 11.55 of the Eden Prairie City Code; WHEREAS, a structural stormwater Best Management Practice (BMP) is defined in the MS4 General Permit as "a stationary and permanent BMP that is designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater.” These may include, but are not limited to green roofs, permeable pavement, bioretention basins, rain gardens, infiltration basins, sand filters, stormwater ponds, manufactured treatment devices, and structures that perform chemical treatment of stormwater; WHEREAS, “structural stormwater BMPs” are called “stormwater facilities” in Section 11.55, Subd. 2 of Eden Prairie City Code; WHEREAS, the Owner is the fee owner of real property located at 11902 Valley View Rd, Eden Prairie, MN 55344 and legally described on the attached Exhibit A (“Property”); WHEREAS, the Owner has constructed or will construct certain stormwater facilities on the Valley View Development Agreement January 6, 2026 Property that have been approved by the City in accordance with City Code; WHEREAS, some or all of the stormwater facilities on the Property serve private property and are not owned, operated or maintained by the City (“Private BMPs”). A drawing showing the general area of Private BMPs is attached to this Agreement as Exhibit B for ease of identification; WHEREAS the City’s MS4 Permit requires the City to have an executed legal mechanism for the inspection and maintenance of Private BMPs. NOW, THEREFORE, in consideration of the benefits received by the Owner as a result of the approval by the City, the Owner does hereby covenant and agree with the City as follows: 1. The Owner will provide long-term maintenance and continuation of the Private BMPs identified in Exhibit B, to ensure that all Private BMPs are and remain in proper working condition in accordance with the original design specifications. The Owner must perform inspection and maintenance activities utilizing the checklists provided in Exhibit C (or similar, approved in advance by City staff), as well as the recommendations set forth in the Minnesota Stormwater Manual. 2. Following final acceptance of the construction by the City, the Owner must maintain a copy of this Agreement on site, together with a record of all inspections and maintenance actions required by this Agreement. The Owner must document the inspections, remedial actions taken to repair, modify or reconstruct the system, the state of the Private BMPs, and notify the City of any planned change in ownership or management of the system. 3. All Private BMPs must undergo, at a minimum, one (1) inspection annually for two (2) years after completion and final acceptance of the construction. After two (2) annual inspections are approved by the City in writing, all private BMPs must undergo, at a minimum, one (1) inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this Agreement and all federal, state and local regulations. An inspection report for each inspection must be filed with the City through its website within ninety (90) days of the inspection. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Private BMPs. 4. If the City’s NPDES permit is revised in a way that directs the City to manage stormwater treatment systems differently than specified in this agreement, the direction of the NPDES permit will supersede and override the provisions of this Agreement. 5. The Owner hereby grants permission to the City, its authorized agents, contractors, and employees the right of ingress, egress and access to enter the Property at reasonable times Valley View Development Agreement January 6, 2026 and in a reasonable manner for the purpose of inspecting Private BMPs. The Owner hereby grants to the City the right to enter the Property to install and maintain equipment to monitor or test the performance of the Private BMPs for quality and quantity upon reasonable notice to the Owner. Whenever possible, the City will notify the Owner prior to entering the Property and will use its best efforts not to disturb the Owner’s use and enjoyment of the Property while conducting such inspections. 6. In the event the City determines that the Private BMPs are not being maintained in good working order, the City will give written notice to the Owner to repair, replace, reconstruct or maintain the Private BMPs within a reasonable time, not to exceed 30 days. If the Owner fails to comply with the City’s notice within the time specified, Owner authorizes the City or its agents to enter the Property to repair, reconstruct, replace or perform maintenance on the Private BMPs at the Owner’s expense. It is expressly understood and agreed that the City is under no obligation to maintain or repair any Private BMPs, and in no event will this Agreement be construed to impose any such obligation on the City. 7. In the event the City, pursuant to this Agreement, performs work of any nature on Private BMPs on the Property, or expends any funds in the performance of said work for labor, use equipment, supplies, materials, and the like, the Owner will reimburse the City upon demand, within thirty (30) days of receipt of written request for reimbursement for all costs incurred by the City. If the City has not received payment from the Owner by the end of the thirty (30) day period, the City may use any other remedies available by law to collect the amount due from the Owner, and may also recover and collect from Owner the reasonable expenses of collection, including court costs, and attorney fees. 8. It is the intent of this Agreement to assure the City of proper maintenance of Private BMPs on the Property by the Owner; provided, however, that this Agreement will not be deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by the Private BMPs or stormwater management practices on the Property. 9. The Owner and the Owner’s heirs, executors, administrators, assigns, and any other successors in interest, will indemnify and hold the City and its agents and employees harmless for, and defend against at its own expense, any and all damages, accidents, casualties, occurrence, claims, and expenses, including reasonable attorney’s fees, which might arise or be asserted, in whole or in part, against the City from the construction, presence, existence, or maintenance of the Private BMPs subject to this Agreement. In the event a claim is asserted against the City, its officers, agents or employees, the City will notify the Owner, who must defend at Owner’s expense any suit or other claim against the City with counsel acceptable to the City. 10. No waiver of any provision of this Agreement will affect the right of any party to enforce Valley View Development Agreement January 6, 2026 such provision or to exercise any right or remedy available to it in the event of another party’s default. 11. The Owner must record this Agreement with the Hennepin County Recorder and/or Registrar of Titles’ Office, as appropriate. This Agreement constitutes a covenant running with the land and will be binding upon the Owner and the Owner’s heirs, administrators, executors, assigns, and any other successors in interest to the Property. 12. The Owner must have the Private BMPs inspected in accordance with Section 11.55 of City Code and certify to the City that the constructed facilities conform to the approved stormwater management plan for the Property. If the constructed condition of the Private BMP or its performance varies significantly from the approved plan, appropriately revised calculations must be provided to the City and the plan must be amended accordingly. 13. The Owner agrees that for any Private BMPs to be maintained by a property owner’s association, deed restrictions and covenants for property included in the association will: (a) include mandatory membership in the property owner’s association responsible for providing maintenance of the Private BMPs; (b) require the association to maintain the private BMPs; (c) prohibit termination of this maintenance responsibility by unilateral action of the association; and (d) provide for unpaid dues or assessments to constitute a lien upon the property of individual owners within the association upon recording a notice of non- payment. 14. This Agreement must be re-approved and re-executed by the City if all or a portion of the Property is subdivided or assembled with other property or if Private BMPs or their drainage areas are modified, causing decreased effectiveness. New, repaired, or improved Private BMPs must be implemented to provide equivalent or better treatment when compared with the original structural stormwater BMPs. 15. The Owner must sweep all private streets, driveways, drive aisles, and parking areas within the Property at least once each year, either in the spring following snowmelt or in the fall after leaf fall. 16. The Owner must submit inspection and maintenance records for each Private BMP to the City's Water Resources Coordinator through the City’s website at the frequency required in this Agreement. The Owner may use the inspection and maintenance checklists found in Exhibit C, or similar documentation as approved by the City. 17. The City may seek any remedy in law or equity against the Owner for a violation of this Agreement. 18. In the event that this Agreement is inconsistent with Eden Prairie City Code regarding the inspection and maintenance of Private BMPs, the provisions which provide greater Valley View Development Agreement January 6, 2026 protection for water resources, as determined by the City in its sole discretion, will prevail. 19. The recitals set forth above are expressly incorporated herein. (signatures on following pages) Valley View Development Agreement January 6, 2026 IN WITNESS WHEREOF, Owner and the City have entered this Agreement as of the date written above. OWNER _________________________________ By: ______________________________ Its: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20__, by _______________________________________, the , of ________________, a _______________________, on behalf of the company. Notary Public Valley View Development Agreement January 6, 2026 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 ________________, 20__, 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 THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Valley View Development Agreement January 6, 2026 EXHIBIT A: Legal Description of Property Lot 1 and Lot 2, Block 1, BRYANT LAKE HILLS, Hennepin County, Minnesota. Valley View Development Agreement January 6, 2026 EXHIBIT B: Map of Private BMPs on Property, including City water body identification number and areas requiring street sweeping Valley View Development Agreement January 6, 2026 EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and Maintenance Checklist Valley View Development Agreement January 6, 2026 Private Stormwater BMP Inspection Checklist Date Inspection Finished: Inspector Name: Inspector Email: Site Name and Address: Description/Type of BMP: BMP Location: City ID for BMP: INSPECTION CHECKLIST Complete at least 1 inspection annually for 2 years after final acceptance of construction; at least 1 every 5 years thereafter. Complete a separate checklist for EACH private stormwater BMP. When complete, email to lhaak@edenprairie.org. Inspected? (date) Item Maintenance Required? Notes Take at least 2 photos of BMP before inspecting. Submit with this form to City. Yes No << Overall assessment of BMP. (If any maintenance is required, Yes. If not, No.) Does the BMP appear to function as designed? Yes No Is there erosion/damage on side slopes and/or around inlets and/or outlets that requires repair? Yes No Do any structures (e.g., flared-end sections, standpipes, drain tiles, concrete aprons) require repair? Yes No Do any pre-treatment areas (e.g., forebay, sump, filter strip, rock) have accumulated sediment, trash and/or debris? Yes No Is there anything in or around the BMP that looks or smells unusual (e.g., oil, paint, foamy)? Yes No If it appears to require immediate attention, call 911. Also, take photos if “Yes.” Is there accumulation of sediment, trash and/or debris in the main/deepest part of the BMP? Yes No Are paved surfaces draining to basin free of sediment and debris? Yes No Is water standing in the BMP more than 48 hours when it should be infiltrating? Yes No N/A Does dead vegetation need to be removed? Any vegetation to be mowed/trimmed? Weeds to be sprayed or removed? Yes No Is replanting of vegetation or seeding necessary? Yes No Is wood mulch at least 3” deep (where required)? Yes No N/A Does anything you observed pose a hazard to the public? Yes No Have you received any neighbor Yes No Valley View Development Agreement January 6, 2026 complaints about this BMP since the last inspection? Additional Notes: Valley View Development Agreement January 6, 2026 Private Stormwater BMP Maintenance Checklist Date Maintenance Finished: Operator Name: Operator Email: Description/Type of BMP: BMP Location: City ID for BMP: MAINTENANCE CHECKLIST Any items from “Inspection Checklist” that require follow-up must be completed and documented. Complete a separate checklist for EACH private stormwater BMP. When complete, email to lhaak@edenprairie.org. Maintenance Complete (date) Item Notes Repair erosion/damage on side slopes and/or around inlets and outlets. Repair any damaged/failing structures (e.g., flared-end sections, standpipes, drain tiles, concrete aprons). Clean any pre-treatment areas (e.g., forebay, sump, filter strip, rip rap). All flowing or standing water and adjacent areas looks and smells normal. Maintain basin. Remove any sediment, trash and/or debris. Paved surfaces draining to basin swept and kept free of sediment and debris. Loosen, aerate, or replace soils to ensure water infiltrates within 48 hours. Remove any dead vegetation, trim live vegetation if needed, and remove weeds. Add wood mulch to keep 3” depth or replace mulch, as applicable. Replace dead plants/vegetation. Manage native vegetation through mowing, spot spraying weeds and/or prescribed burning. Water as needed. BMP functions as designed. Any hazards to the public resolved. Take at least 2 photos of BMP after maintenance. Submit with this form to City. Additional Notes: Valley View Development Agreement January 6, 2026 City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Item Number: VII.D. Department: Community Development Julie Klima ITEM DESCRIPTION Roers Apartments is requesting Tax Increment Financing (TIF) for Roers Eden Prairie Apartments located at 6436 City West Parkway. Roers Apartments is a 195 unit mixed-income apartment project that meets the criteria for a new Housing TIF District. The project will be developed in one phase. The project proposes to include 20% of the units (39 units) affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 5% of the units (10 units) will be inclusionary housing units as required by City Code and will be affordable to residents earning at or below 80% of AMI. The remaining 146 units will be market rate. This request necessitates a Redevelopment Plan modification, creation of a new TIF District No. 27, and a TIF Plan for Roers Apartments. The TIF Plan for TIF District No. 27 is the City’s planning document for the district. It spells out the objectives and policies for the district, identifies the geographic boundaries, and sets the maximum budgetary authority for the district. This planning document simply allows for the creation of a new TIF district. Approval of the TIF Plan does not grant any specific TIF assistance to the property owner. Assistance is granted through a separate TIF agreement between the HRA and the developer. REQUESTED ACTION Move to: • Adopt Resolution Adopting a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 and establishing Tax Increment Financing District No. 27: Roers Eden Prairie Apartments, adopt a Tax Increment Financing Plan therefor SUMMARY TIF District No. 27 is being established as a Housing TIF District. The site qualifies as a Housing TIF District because the project will meet the income requirements outlined above. The TIF Plan sets up the district for a maximum duration of 26 years. The maximum budgetary authority in the district is approximately $20.73 million. This is a maximum budget intended to provide flexibility. It provides for the TIF district to run for the full 26 years. The actual assistance to the property owner is anticipated to be a present value of $4.9 million. Total payments, which include interest paid, are projected to be $9.5 million. Current estimates show that the amount can be repaid within 21 years. The TIF Plan assumes pay-as-you-go assistance to the developer. Pay-as-you-go TIF requires the developer to seek its own financing secured by all or a portion of the tax increments generated by the project. In this scenario, the City and HRA do not provide the funding up front, but enter into an agreement to provide tax increments from the increased taxes from the project up to a specific dollar amount over time. If tax increment is not enough to repay the developer, the City does not make up the difference. The TIF Plan also includes a 10% allowance for City administrative costs. The City can use this 10% to pay for any ongoing costs associated with administering the project in the TIF District. The City Council held a public hearing on the TIF proposal on October 21, 2025. Staff and the developer have come to terms on the Tax Increment Financing Development Agreement that lays out the expected distribution of increment, determines the type and number of affordable units by bedroom size, characterizes responsibilities going forward and includes construction and costs of a trail connecting the project to the City West LRT station. Proposed Financing and General Terms: Housing TIF: Roers is requesting new Housing TIF District financing for Roers Eden Prairie Apartments. The original request was for $5,070,000 of new TIF in the form of pay-as-you-go over 26 years. Ehlers Public Finance (our TIF consultants) and staff have reviewed Roers application. We have determined that the proposal meets the “but for test” for TIF District financing. However, the development does not require the requested amount of TIF to generate reasonable profits. Therefore, Ehlers and staff recommends a total of $4.9 million of present value TIF paid over 21 years. The required affordability will continue for a total of 26 years, however, which is the maximum duration of the TIF district. Affordable TIF and IH Units: During the 26 year affordability period, Roers would need to maintain 39 units at rents affordable to households whose incomes do not exceed 50% of the AMI. Roers would submit annual information to the City regarding the households occupying these units and the rents they pay compared to commensurate market rate units. Of the 39 affordable TIF units staff recommends a minimum of 20 one bedroom, 16 two-bedroom, and 3 three-bedroom units. In addition, City Code Chapter 13 requires that the developer provide Inclusionary Housing (IH) units in perpetuity that must be affordable to households earning up to 80% of AMI. The developer will be required to provide 10 IH units including 5 one-bedroom units, 4 two- bedroom units, and 1 three-bedroom unit. The developer will construct an off-site trail to connect the project to the City West LRT station. The developer is required to provide actual costs for the trail construction and the TIF note can be adjusted to include actual trail costs up to $458,531. The developer is in agreement with the staff recommendations. ATTACHMENTS • Resolution adopting modification to the Redevelopment Plan and establishing TIF District 27 • Tax Increment Financing Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026-_____ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 27: ROERS EDEN PRAIRIE APARTMENTS THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the “Council”) of the City of Eden Prairie, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. The Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the “HRA”) has heretofore established Redevelopment Project Area No. 5 and adopted a Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan (the “Redevelopment Plan Modification”) for Redevelopment Project Area No. 5 (the “Project Area”) and establish Tax Increment Financing District No. 27: Roers Eden Prairie Apartments (the “District”) therein and adopt a Tax Increment Financing Plan (the “TIF Plan”) therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the “Plans”); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1794, all inclusive, as amended, (the “Act”) all as reflected in the Plans, and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Hennepin County and Independent School District No. 272 having taxing jurisdiction over the property to be included in the District, approval of the Plans by the HRA on January 6, 2026, and the holding of a public hearing on October 21, 2025, upon published notice as required by law. 1.04. Certain written reports (the '”Reports”) relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. Section 2. Findings for the Adoption and Approval of the Redevelopment Plan Modification. 2.01. The Council approves the Redevelopment Plan Modification, and specifically finds that: (a) the land within the Project Area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of Tax Increment Financing District No. 27: Roers Eden Prairie Apartments 3.01. The Council hereby finds that Tax Increment Financing District No. 27: Roers Eden Prairie Apartments is in the public interest and is a “housing district” under Minnesota Statutes, Section 469.174, Subd. 11 of the Act. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act 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. For the reasons described in Exhibit A, the City 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 5. Approval and Adoption of the Plans. 5.01. Upon satisfaction of the contingency in paragraph 5.05, the Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 5.02. Upon satisfaction of the contingency in paragraph 5.05, the staff of the City, the City’s advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 Upon satisfaction of the contingency in paragraph 5.05, the Auditor of Hennepin County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the HRA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. Upon satisfaction of the contingency in paragraph 5.05, the City Clerk is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 5.05 The approval of the Plans and the directions given in paragraphs 5.01 through 5.04 are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that Roers Eden Prairie Apartments has acquired fee simple interest in the Development Property as defined in the Tax Increment Financing Agreement approved by the HRA. If the City Manager does not receive such documentation on or prior to April 8, 2026, this Resolution, including but not limited to the approval of the Plans and the directions given in paragraphs 5.01 through 5.04, are null and void and of no further effect. The City Council may but is not required to take such further action to confirm that this Resolution is null and void and of no further effect. ADOPTED by the City Council of the City of Eden Prairie this 6th day of January, 2026. ___________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Tiegland, City Clerk EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments) is a housing district as defined in M.S., Section 469.174, Subd. 11. Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments) consists of one (1) parcel. The development will consist of the construction of 195 apartment units in two phases, including 39 units affordable at 50% of area median income and 10 units affordable at 80% of area median income, all or a portion of which will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 20 percent of the units receiving assistance will have incomes at or below 50 percent of area median income. Appendix C of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan is a housing district that meets the HRA's objectives for development and redevelopment. The cost of land acquisition, site and public improvements and utilities makes this housing development infeasible without HRA assistance. Due to decreased rental income from affordable units, there is insufficient cash flow to provide a sufficient rate of return, pay operating expenses, and service the debt. This leaves a gap in the funding for the project and makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the developer would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the cost of land acquisition, site and public improvements, utilities and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements as well as reduced rents required for affordable workforce housing in the City have made development infeasible without tax increment assistance. The HRA reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments) conforms to the general plan for the development or redevelopment of the municipality as a whole. The City Council reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for Tax Increment Financing District No. 27 (Roers Eden Prairie Apartments) will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. Through the implementation of the TIF Plan, the HRA will provide an impetus for residential development, which is desirable or necessary for increased population and an increased need for life-cycle housing within the City. Adoption Date: Janu ary 6, 2026 Eden Prairie Housing and Redevelopment Authority City of Eden Prairie, Hennepin County, Minnesota MODIFICATION TO THE DEVELOPMENT PROGRAM Redevelopment Project Area No. 5 & Tax Increment Financing (TIF) Plan Establishment of Tax Increment Financing District No. 27 (Roers) (a housing district) BUILDING COMMUNITIES. IT’S WHAT WE DO. Prepared by: Ehlers 30 01 Broadway Street, Suite 320 Minneapolis , Minnesota 55 4 13 TABLE OF CONTENTS Modification to the Development Program for Redevelopment Project Area No. 5 1 FOREWORD 1 Tax Increment Financing Plan for Tax Increment Financing District No. 27 (Roers) 2 FOREWORD 2 STATUTORY AUTHORITY 2 STATEMENT OF OBJECTIVES 2 DEVELOPMENT PROGRAM OVERVIEW 3 DESCRIPTION OF PROPERTY IN THE DISTRICT AND PROPERTY TO BE ACQUIRED 3 DISTRICT CLASSIFICATION 4 DURATION & FIRST YEAR OF DISTRICT’S TAX INCREMENT 4 ORIGINAL TAX CAPACITY, TAX RATE & ESTIMATED CAPTURED NET TAX CAPACITY VALUE/INCREMENT & NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS 4 SOURCES OF REVENUE/BONDS TO BE ISSUED 6 USES OF FUNDS 7 FISCAL DISPARITIES ELECTION 7 ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS 8 SUPPORTING DOCUMENTATION 10 DISTRICT ADMINISTRATION 10 Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District Appendix B: Estimated Cash Flow for the District Appendix C: Findings Including But/For Qualifications Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) Modification to the Development Program for Redevelopment Project Area No. 5 FOREWORD The following text represents a Modification to the Development Program for Redevelopment Project Area No. 5 . This modification represents a continuation of the goals and objectives set forth in the Development Program for Redevelopment Project Area No. 5 . Generally, the substantive changes include the establishment of Tax Increment Financing District No. 27 (Roers). For further information, a review of the Development Program for Redevelopment Project Area No. 5 , is recommended. It is available from the Community Development Director at the City of Eden Prairie . Other relevant information is contained in the tax increment financing plans for the tax increment financing districts locate d within Redevelopment Project Area No. 5. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 2 Tax Increment Financing Plan for Tax Increment Financing District No. 27 (Roers) FOREWORD The Eden Prairie Housing and Redevelopment Authority (the "HRA "), the City of Eden Prairie (the "City"), staff and consultants have prepared the following information to expedite the Establishment of Tax Increment Financing District No. 27 (Roers) (the "District"), a housing tax increment financing district, located in Redevelopment Project Area No. 5 . STATUTORY AUTHORITY Within the City , there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.001 - 469.047 , inclusive, as amended, and M.S., Sections 469.174 to 469.1794 , inclusive, as amended (the "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Development Program for Redevelopment Project Are a No. 5 . STATEMENT OF OBJECTIVES The District currently consists of two (2) parcel s of land and adjacent roads and internal rights -of -way. The District is being created to facilitate construction of 199 units of mixed -income apartments in the City . The HRA intends to enter into an agreement with Roers Companies for the project. Development is anticipated to begin in 2026 . This TIF Plan is expected to achieve many of the objectives outlined in t he Development Program for Redevelopment Project Area No. 5 . The activities contemplated in the Modification to the Development Program and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Redevelopment Project Area No. 5 and the District. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 3 DEVELOPMENT PROGRAM OVERVIEW Pursuant to t he Development Program and authorizing state statutes, the HRA or City is authorized to undertake the following activities in the District: 1. Property to be Acquired – Although not anticipated at this time, s elected property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a d eveloper's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. DESCRIPTION OF PROPERTY IN THE DISTRICT AND PROPERTY TO BE ACQUIRED The District encompasses all property and adjacent roads rights -of -way and abutting roadways identified by the parcels listed below. Parcel number Address Owner 01-116-22-24-0052 6436 City West Pkwy Duchossois Milestone R E LLC 01-116-22-24-0053 Unassigned Duchossois Milestone R E LLC Please also see the map in Appendix A for further information on the location of the District. The HRA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and ob jectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 4 Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. DISTRICT CLASSIFICATION The HRA and City , in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1794 , as amended, inclusive, find that the District, to be established, is a housing district pursuant to M.S., Section 469.174, Subd. 11 and M.S., Section 469.1761. $ The District consists of two (2) parcel s $ The development will consist of 199 units of multi -family rental housing $ 20% of the units will be occupied by person with incomes less than 50% of $ The project does not include any commercial, retail or other non - residential uses. Pursuant to M.S., Section 469.176, Subd. 7 , the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. DURATION & FIRST YEAR OF DISTRICT’S TAX INCREMENT Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1 , the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first increment by the HRA or City (a total of 26 years of tax increment). The HRA or City elects to receive the first tax increment in 2028 , which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2053 , or when the TIF Plan is satisfied. The HRA or City reserves the right to decertify the District prior to the legally required date. ORIGINAL TAX CAPACITY, TAX RATE & ESTIMATED CAPTURED NET TAX CAPACITY VALUE/INCREMENT & NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1 , the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2025 for taxes payable 2026 . Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 5 Pursuant to M.S., Section 469.177, Subds. 1 and 2 , the County Auditor shall certify in each year (beginning in the payment year 202 8) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the D istrict; 3. Change due to adjustments, negotiated or court -ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the HRA or City . The original local tax rate for the District will be the local tax rate for taxes payable 2026 , assuming the request for certification is made before June 30, 2026 . The rates for 202 6 were not available at the time the District was established. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4 , the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project Area No. 5 , upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 % of the available increase in tax capacity be used for repayment of the obligations of the HRA or City and current expenditures, beginning in the tax year payab le 2028 . The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. Development estimated Tax Capacity upon completion 1,153,561 Original estimated Net Tax Capacity 46,012 Fiscal Disparities 0 Estimated Captured Tax Capacity 1,107,549 Original Local Tax Rate 96.9480%Pay 2025 Estimated Annual Tax Increment $1,073,747 Percent Retained by the City 100% Project Tax Capacity Note: Tax capacity includes a 3% inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 2 6. The tax capacity of the District in year one is estimated to be $146,125 . Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 6 Pursuant to M.S., Section 469.177, Subd. 4 , the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4 , with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and found no parcels for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. SOURCES OF REVENUE/BONDS TO BE ISSUED The total estimated tax increment revenues for the District are shown in the table below: SOURCES Tax Increment 18,846,905$ Interest 1,884,691 TOTAL 20,731,596$ The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to issue bonds (as defined in the TIF Act) or incur other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by pay -as -you -go notes and interfund loans . Any refunding amounts will be deemed a budgeted cost without a formal modification to this TIF Plan. This provision does not obligate the HRA o r City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may issue bonds secured in whole or in part with tax increments from the District in a maximum principal amount of $12,013,846 . Such bonds may be in the form of pay -as -you -go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 7 USES OF FUNDS Currently under consideration for the District is a proposal to facilitate construction of 199 units of mixed -income apartments in the community. . The HRA and City have determined that it will be necessary to provide assistance to the project(s) for certain District costs, as described herein . The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES Land/Building Acquisition 5,250,000$ Site Improvements/Preparation 500,000 Affordable Housing 4,129,155 Utilities 250,000 Administrative Costs (up to 10%)1,884,691 PROJECT COSTS TOTAL 12,013,846$ Interest 8,717,750 PROJECT AND INTEREST COSTS TOTAL 20,731,596$ The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Revenue section. Estimated costs associated with the District are subject to change among categories without a modification to th e TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. The HRA may expend funds for qualified housing activities outside of the District boundaries. FISCAL DISPARITIES ELECTION Pursuant to M.S., Section 469.177, Subd. 3 , the HRA or City may elect one of two methods to calculate fiscal disparities. The HRA will choose to calculate fiscal disparities by clause b (inside). Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 8 E STIMATED IMPACT ON OTHER TAXING JURISDICTIONS The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the HRA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: Entity 2024/Pay 2025 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) upon completion Percent of CTC to Entity Total Hennepin County 2,605,319,580 1,107,549 0.0425% City of Eden Prairie 152,827,938 1,107,549 0.7247% ISD 272 (Eden Prairie Schools)146,099,588 1,107,549 0.7581% Impact on Tax Base Entity Pay 2025 Extension Rate Percent of Total CTC Potential Taxes Hennepin County 37.0810%38.25% 1,107,549 $ 410,690 City of Eden Prairie 30.7240%31.69% 1,107,549 340,283 ISD 272 (Eden Prairie Schools)20.7320%21.38% 1,107,549 229,617 Other 8.4110%8.68% 1,107,549 93,156 96.9480%100.00% $1,073,747 Impact on Tax Rates The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the Pay 202 5 rate. The total net capacity for the entities listed above are based on Pay 202 5 figures. The District will be certified under the Pay 202 6 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S., Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $18,846,905 ; Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 9 (2) Probable impact of the District on city provided services and ability to issue debt. An impact of the District on police protection is expected. With any addition of new residents or businesses, police calls for service will be increased. New developments add an increase in traffic, and additional overall demands to the call load. The Cit y does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. The probable impact of the District on fire protection is not expected to be significant. Typically new buildings generate few er calls and are of superior construction. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area. The current infrastructure for sanitary sewer, storm sewer and water will be able to h andle the additional volume generated from the proposed development. Based on the development plans, there are little to no additional costs associated with street maintenance, sweeping, plowing, lighting and sidewalks. The probable impact of the issuance of any general obligation tax increment bonds payable from tax increment revenues from the District on the City’s ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that ther e will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same is $4,030,3 47 ; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $7,208,6 28; Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) 10 (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S., Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. SUPPORTING DOCUMENTATION Pursuant to M.S., Section 469.175, Subd. 1 (a), clause 7 th is TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S., Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. (i) In making said determination, reliance has been placed upon (1) written representation made by the Developer to such effects, (2) review of the Developer’s pro forma; and (3) City staff awareness of the feasibility of developing the project site within the District, which is further outlined in the City Council resolution approving the establishment of the District and Appendix C. (ii) A comparative analysis of estimated market value both with and without establishment of the District and the use of tax increments has been performed. Such analysis is included with the cashflow in Appendix B and indicates that the increase in estimated ma rket value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. DISTRICT ADMINISTRATION Administration of the District will be handle d by the Community Development Director . Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) Appendix B: Estimated Cash Flow for the District Roers MultifamilyCity of Eden Prairie, MN 199 Rental UnitsASSUMPTIONS AND RATESDistrictType:HousingDistrict Name/Number:County District #:Exempt Class Rate (Exempt)0.00%First Year Construction or Inflation on Value2026Commercial Industrial Preferred Class Rate (C/I Pref.)Existing District - Specify No. Years RemainingFirst $150,0001.50%Inflation Rate - Every Year:3.00%Over $150,0002.00%Interest Rate:5.00%Commercial Industrial Class Rate (C/I)2.00%Present Value Date:1-Aug-27Rental Housing Class Rate (Rental)1.25%First Period Ending1-Feb-28Affordable Rental Housing Class Rate (Aff. Rental)Tax Year District was Certified:Pay 2026First $100,000 0.25%Cashflow Assumes First Tax Increment For Development: 2028 Over $100,000 0.25%Years of Tax Increment 26 Non-Homestead Residential (Non-H Res. 1 Unit)Assumes Last Year of Tax Increment2053First $500,0001.00%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,0001.25%Incremental or Total Fiscal DisparitiesIncrementalHomestead Residential Class Rate (Hmstd. Res.)Fiscal Disparities Contribution Ratio38.2351% Pay 2025First $500,0001.00%Fiscal Disparities Metro-Wide Tax Rate123.8880% Pay 2025Over $500,0001.25%Maximum/Frozen Local Tax Rate: 96.948% Pay 2025Agricultural Non-Homestead1.00%Current Local Tax Rate: (Use lesser of Current or Max.)96.948% Pay 2025State-wide Tax Rate (Comm./Ind. only used for total taxes)28.8570% Pay 2025Market Value Tax Rate (Used for total taxes)0.21908% Pay 2025Building Total PercentageTax Year Property CurrentClassAfterLandMarket Market Of Value Used OriginalOriginalTaxOriginalAfterConversionMap ID PIDOwner AddressMarket Value ValueValue for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap.101-116-22-24-0052 Duchossois 6436 City West Pkwy1,708,000 2,674,0004,382,000 80% 3,505,600 Pay 2026C/I Pref.69,362 Rental43,820 1201-116-22-24-0052 Duchossois 6436 City West Pkwy1,708,000 2,674,0004,382,000 20% 876,400 Pay 2026C/I Pref.16,778 Aff. Rental2,191 01-116-22-24-0053 Duchossois Unassigned 100 0100 80% 80 Pay 2026C/I Pref.1 Rental1 01-116-22-24-0053 Duchossois Unassigned 100 0100 20% 20 Pay 2026C/I Pref.0 Aff. Rental0 3,416,200 5,348,000 8,764,2004,382,100 86,14246,012Note:1. Base values are for pay 2026 based on review of County website on 6-27-25.2. Located in SD #272, WS #1Area/ PhaseTax Rates BASE VALUE INFORMATION (Original Tax Capacity) Roers MultifamilyCity of Eden Prairie, MN 199 Rental UnitsEstimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First YearMarket Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full TaxesArea/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./UnitsValueClass Tax Capacity Capacity/Unit 2026202720282029PayableApartments 280,000280,000 15944,520,000 Rental 556,500 3,500 25% 75% 100% 100% 2030Apartments 280,000280,000 4011,200,000Aff. Rental 28,000700 25%75%100%100%2030TOTAL55,720,000 584,500 Subtotal Residential199 55,720,000 584,500 Subtotal Commercial/Ind.00 0 Note:1. Market values are based upon estimates from the City assessor.TotalFiscal LocalLocalFiscal State-wide MarketTaxDisparitiesTax Property Disparities PropertyValueTotalTaxes PerNew Use Capacity Tax Capacity CapacityTaxesTaxesTaxesTaxesTaxes Sq. Ft./UnitApartments 556,5000556,500539,5160097,534637,050 4,006.60Apartments 28,000028,00027,145006,13433,280831.99TOTAL584,5000584,500566,66100103,669670,330Note: 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 670,330Current Market Value - Est. 4,382,100less State-wide Taxes 0New Market Value - Est. 55,720,000less Fiscal Disp. Adj. 0 Difference 51,337,900less Market Value Taxes (103,669)Present Value of Tax Increment 9,193,614less Base Value Taxes (44,608) Difference 42,144,286Annual Gross TIF 522,053Value likely to occur without Tax Increment is less than:42,144,286 WHAT IS EXCLUDED FROM TIF?MARKET VALUE BUT / FOR ANALYSISTAX CALCULATIONSPROJECT INFORMATION (Project Tax Capacity) Roers MultifamilyCity of Eden Prairie, MN 199 Rental UnitsTAX INCREMENT CASH FLOWProject Original Fiscal CapturedLocal Annual Semi-Annual State Admin. Semi-Annual Semi-Annual PERIOD% of TaxTax Disparities TaxTax Gross Tax Gross Tax AuditoratNet Tax Present ENDING Tax PaymentOTC Capacity Capacity Incremental CapacityRate Increment Increment 0.36%10% Increment Value Yrs. Year Date- - - - 02/01/28100% 146,125 (46,012) - 100,113 96.948% 97,058 48,529 (175) (4,835) 43,519 41,422 0.5 2028 08/01/28100% 146,125 (46,012) - 100,113 96.948% 97,058 48,529 (175) (4,835) 43,519 81,833 1 2028 02/01/29100% 438,375 (46,012) - 392,363 96.948% 380,388 190,194 (685) (18,951) 170,558 236,351 1.5 2029 08/01/29100% 438,375 (46,012) - 392,363 96.948% 380,388 190,194 (685) (18,951) 170,558 387,099 2 2029 02/01/30100% 584,500 (46,012) - 538,488 96.948% 522,053 261,027 (940) (26,009) 234,078 588,944 2.5 2030 08/01/30100% 584,500 (46,012) - 538,488 96.948% 522,053 261,027 (940) (26,009) 234,078 785,866 3 2030 02/01/31100% 602,035 (46,012) - 556,023 96.948% 539,053 269,527 (970) (26,856) 241,701 984,241 3.5 2031 08/01/31100% 602,035 (46,012) - 556,023 96.948% 539,053 269,527 (970) (26,856) 241,701 1,177,778 4 2031 02/01/32100% 620,096 (46,012) - 574,084 96.948% 556,563 278,281 (1,002) (27,728) 249,552 1,372,727 4.5 2032 08/01/32100% 620,096 (46,012) - 574,084 96.948% 556,563 278,281 (1,002) (27,728) 249,552 1,562,922 5 2032 02/01/33100% 638,699 (46,012) - 592,687 96.948% 574,598 287,299 (1,034) (28,626) 257,638 1,754,490 5.5 2033 08/01/33100% 638,699 (46,012) - 592,687 96.948% 574,598 287,299 (1,034) (28,626) 257,638 1,941,386 6 2033 02/01/34100% 657,860 (46,012) - 611,848 96.948% 593,174 296,587 (1,068) (29,552) 265,967 2,129,619 6.5 2034 08/01/34100% 657,860 (46,012) - 611,848 96.948% 593,174 296,587 (1,068) (29,552) 265,967 2,313,260 7 2034 02/01/35100% 677,596 (46,012) - 631,584 96.948% 612,308 306,154 (1,102) (30,505) 274,547 2,498,201 7.5 2035 08/01/35100% 677,596 (46,012) - 631,584 96.948% 612,308 306,154 (1,102) (30,505) 274,547 2,678,632 8 2035 02/01/36100% 697,924 (46,012) - 651,912 96.948% 632,015 316,008 (1,138) (31,487) 283,383 2,860,327 8.5 2036 08/01/36100%697,924 (46,012) - 651,912 96.948% 632,015 316,008 (1,138) (31,487) 283,383 3,037,591 9 2036 02/01/37100% 718,861 (46,012) - 672,849 96.948% 652,314 326,157 (1,174) (32,498) 292,484 3,216,086 9.5 2037 08/01/37100% 718,861 (46,012) - 672,849 96.948% 652,314 326,157 (1,174) (32,498) 292,484 3,390,227 10 2037 02/01/38100% 740,427 (46,012) - 694,415 96.948% 673,222 336,611 (1,212) (33,540) 301,859 3,565,567 10.5 2038 08/01/38100% 740,427 (46,012) - 694,415 96.948% 673,222 336,611 (1,212) (33,540) 301,859 3,736,629 11 2038 02/01/39100% 762,640 (46,012) - 716,628 96.948% 694,756 347,378 (1,251) (34,613) 311,515 3,908,858 11.5 2039 08/01/39100% 762,640 (46,012) - 716,628 96.948% 694,756 347,378 (1,251) (34,613) 311,515 4,076,886 12 2039 02/01/40100% 785,519 (46,012) - 739,507 96.948% 716,937 358,469 (1,290) (35,718) 321,460 4,246,050 12.5 2040 08/01/40100% 785,519 (46,012) - 739,507 96.948% 716,937 358,469 (1,290) (35,718) 321,460 4,411,088 13 2040 02/01/41100% 809,085 (46,012) - 763,073 96.948% 739,784 369,892 (1,332) (36,856) 331,704 4,577,231 13.5 2041 08/01/41100% 809,085 (46,012) - 763,073 96.948% 739,784 369,892 (1,332) (36,856) 331,704 4,739,322 14 2041 02/01/42100% 833,357 (46,012) - 787,345 96.948% 763,315 381,658 (1,374) (38,028) 342,255 4,902,490 14.5 2042 08/01/42100% 833,357 (46,012) - 787,345 96.948% 763,315 381,658 (1,374) (38,028) 342,255 5,061,678 15 2042 02/01/43100% 858,358 (46,012) - 812,346 96.948% 787,553 393,777 (1,418) (39,236) 353,123 5,221,915 15.5 2043 08/01/43100% 858,358 (46,012) - 812,346 96.948% 787,553 393,777 (1,418) (39,236) 353,123 5,378,243 16 2043 02/01/44100% 884,109 (46,012) - 838,097 96.948% 812,518 406,259 (1,463) (40,480) 364,317 5,535,594 16.5 2044 08/01/44100% 884,109 (46,012) - 838,097 96.948% 812,518 406,259 (1,463) (40,480) 364,317 5,689,106 17 2044 02/01/45100% 910,632 (46,012) - 864,620 96.948% 838,232 419,116 (1,509) (41,761) 375,846 5,843,614 17.5 2045 08/01/45100% 910,632 (46,012) - 864,620 96.948% 838,232 419,116 (1,509) (41,761) 375,846 5,994,354 18 2045 02/01/46100% 937,951 (46,012) - 891,939 96.948% 864,717 432,358 (1,556) (43,080) 387,722 6,146,063 18.5 2046 08/01/46100% 937,951 (46,012) - 891,939 96.948% 864,717 432,358 (1,556) (43,080) 387,722 6,294,073 19 2046 02/01/47100% 966,089 (46,012) - 920,077 96.948% 891,997 445,998 (1,606) (44,439) 399,953 6,443,028 19.5 2047 08/01/47100% 966,089 (46,012) - 920,077 96.948% 891,997 445,998 (1,606) (44,439) 399,953 6,588,350 20 2047 02/01/48100% 995,072 (46,012) - 949,060 96.948% 920,095 460,047 (1,656) (45,839) 412,552 6,734,593 20.5 2048 08/01/48100% 995,072 (46,012) - 949,060 96.948% 920,095 460,047 (1,656) (45,839) 412,552 6,877,270 21 2048 02/01/49100% 1,024,924 (46,012) - 978,912 96.948% 949,036 474,518 (1,708) (47,281) 425,529 7,020,845 21.5 2049 08/01/49100% 1,024,924 (46,012) - 978,912 96.948%949,036 474,518 (1,708) (47,281) 425,529 7,160,918 22 2049 02/01/50100% 1,055,672 (46,012) - 1,009,660 96.948% 978,845 489,423 (1,762) (48,766) 438,895 7,301,867 22.5 2050 08/01/50100% 1,055,672 (46,012) - 1,009,660 96.948% 978,845 489,423 (1,762) (48,766) 438,895 7,439,378 23 2050 02/01/51100% 1,087,342 (46,012) - 1,041,330 96.948% 1,009,549 504,774 (1,817) (50,296) 452,661 7,577,744 23.5 2051 08/01/51100% 1,087,342 (46,012) - 1,041,330 96.948% 1,009,549 504,774 (1,817) (50,296) 452,661 7,712,735 24 2051 02/01/52100% 1,119,962 (46,012) - 1,073,950 96.948% 1,041,173 520,587 (1,874) (51,871) 466,841 7,848,558 24.5 2052 08/01/52100% 1,119,962 (46,012) - 1,073,950 96.948% 1,041,173 520,587 (1,874) (51,871) 466,841 7,981,070 25 2052 02/01/53100% 1,153,561 (46,012) - 1,107,549 96.948% 1,073,747 536,873 (1,933) (53,494) 481,447 8,114,393 25.5 2053 08/01/53100% 1,153,561 (46,012) - 1,107,549 96.948% 1,073,747 536,873 (1,933) (53,494) 481,447 8,244,465 26 2053 02/01/54 Total18,914,999 (68,094) (1,884,691) 16,962,215 Present Value From 08/01/2027 Present Value Rate 5.00%9,193,614 (33,097) (916,052) 8,244,465 Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) Appendix C: Findings Including But/For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 27 (Roers), as required pursuant to Minnesota Statutes, (M.S.) Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 27 (Roers) is a housing district as defined in M.S., Section 469.174, Subd. 11. Tax Increment Financing District No. 27 (Roers) consists of two (2) parcel s. The development will consist of construction of 199 units of mixed -income apartments in the community , all or a portion of which will receive tax increment assistance and will meet income restrictions described in M.S. Section 469.1761. At least 20% of the units receiving assistance will be occupied by individuals and families whose incomes are at or below 50% of area median income. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in th e TIF P lan is a housing district that meets the City's objectives for development and redevelopment. The cost of land acquisition, site and public improvements and utilities makes this housing development infeasible without City assistance. Due to decreased rental in come from affordable units, there is insufficient cash flow to provide a sufficient rate of return, pay operating expenses, and service the debt. This leaves a gap in the funding for the project and makes this housing development feasible only through assi stance, in part, from tax increment financing. The Developer was asked for and provided a letter and a pro forma as justification that the Developer would not have gone forward without tax increment assistance. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 27 (Roers) The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present val ue of the projected tax increments for the maximum duration of the District permitted by the TIF Plan: This finding is justified on the grounds that the cost of land acquisition, site and public improvements, utilities and construction of affordable housin g add to the total development cost. Historically, the costs of site and public improvements as well as reduced rents required for affordable workforce housing in the City have made development infeasible without tax increment assistance. The City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 27 (Roers) conforms to the general plan for the development or redevelopment of the municipality as a whole. The City Council reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for Tax Increment Financing District No. 27 (Roers) will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. Through the implementation of the TIF Plan, the City will provide an impetus for residential development, which is desirable or necessary for increased population and an increased need for life -cycle housing within the City. The TIF Plan also helps the HRA or the City meet their goal of providing more affordable housing options in the City. City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.E. Department: Administration / Office of the City Manager ITEM DESCRIPTION Designate official meeting dates, times, and locations for Board and Commission meetings. REQUESTED ACTION Move to adopt a Resolution designating the official meeting dates, times, and locations for City Council appointed Boards and Commissions during 2026. SUMMARY The schedule of regular meetings for the City’s Boards and Commissions is established by the City Council on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME, AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2026 BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Local Board of Appeal and Equalization Thursday, April 9 Flying Cloud Airport Advisory Commission Quarterly (2nd Thursday of January, April, July, and October) Heritage Preservation Commission 3rd Monday (4th Monday of January and February) Human Rights & Diversity Commission 2nd Thursday Parks, Recreation & Natural Resources Commission 1st Monday (2nd Monday of September) Planning Commission 2nd and 4th Mondays (2nd Monday and 4th Tuesday in May, 2nd Monday only in November and December) Sustainability Commission 2nd Tuesday (3rd Tuesday in August) ADOPTED by the Eden Prairie City Council this 6th day of January 2026. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.F. Department: Administration / Finance ITEM DESCRIPTION Designate Official Depositories. REQUESTED ACTION Move to adopt a Resolution designating Cass Commercial Bank and US Bank of Eden Prairie as the official depositories for the public funds of the City of Eden Prairie SUMMARY Finance is partnering with Corcentric to process supplier payments. Corcentric’s banking partner is Cass Commercial Bank. Finance will continue processing some payments through US Bank of Eden Prairie. State law requires depositories to be designated by the City Council ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ A RESOLUTION DESIGNATING DEPOSITORIES BE IT RESOLVED, that Cass Commercial Bank and US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota, be and hereby designated as the Official Depositories for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depositories. ADOPTED by the City Council of the City of Eden Prairie on this 6th day of January 2026. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.G. Department: Administration / Finance ITEM DESCRIPTION Authorize Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. REQUESTED ACTION Move to adopt a Resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 6th day of January 2026. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.H. Department: Administration / Finance ITEM DESCRIPTION Authorize use of facsimile signatures by public officials and approved payment processor. REQUESTED ACTION Move to adopt a Resolution authorizing the use of facsimile signatures of the Mayor, City Manager, Treasurer, and approved payment processor on checks, drafts, warrants, vouchers, or other orders on public funds deposited. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS AND AUTHORIZED PAYMENT PROCESSOR BE IT RESOLVED, that the use of facsimile signatures by the following persons and entity: Ronald A. Case, Mayor Rick Getschow, City Manager Tamara Wilson, Treasurer Corcentric, Authorized Payment Processor on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 6th day of January 2026. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.I. Department: Administration / Finance ITEM DESCRIPTION Authorize Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. REQUESTED ACTION Move to adopt a Resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 6th day of January 2026. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.J. Department: Administration / Finance ITEM DESCRIPTION Resolution Authorizing the Expenditure of Fiscal Year 2026 Opioid Settlement Funds. REQUESTED ACTION Move to adopt a Resolution authorizing the expenditure of Fiscal Year 2026 Opioid Settlement Funds. SUMMARY On January 4, 2022 the City adopted Resolution 2022-13 to support and opt-in to the national opioid settlements, and to ratify the City Manager’s execution of (1) opioid litigation settlements with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen and opioid manufacturer Johnson & Johnson, 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. Minnesota will receive settlements over the next 18 years with the vast majority paid directly to cities and counties. Distribution within Minnesota will be determined by the MOA. Settlement payments started in October 2022. Settlement funds received by the State of Minnesota are to be distributed as follows: A.Seventy-Five percent (75%) of the funds, subject to a 7% reduction for funds held for the special opioid abatement backstop account, will be paid directly to counties and participating cities. 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, is approximately 0.255%. Eden Prairie 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. Per the MOA, the City shall create a separate special revenue fund that is designated for the receipt and expenditure of Opioid settlement funds. This fund shall not be commingled with any other money or funds of the City. The City shall also pass a separate resolution authorizing the expenditure of a stated amount of Opioid settlement for a stated period of time. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026-__ RESOLUTION AUTHORIZING THE EXPENDITURE OF FISCAL YEAR 2025 OPIOID SETTLEMENT FUNDS WHEREAS, on January 4, 2022, the City Council of the City of Eden Prairie (“City”) adopted Resolution No. 2022-13 approving the City’s participation in national opioid litigation settlements and execution of the Minnesota Opioids State-Subdivision Memorandum of Agreement (“MOA”) regarding use of settlement funds (the “Opioid Settlement”); and WHEREAS, the MOA requires the City to pass a resolution authorizing the expenditure of Opioid Settlement funds and specifying the activities that will be funded; and WHEREAS, the City has developed a proposal for the use of Opioid Settlement funds in 2026. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie approves and authorizes the following expenditures of funding from the Opioid Settlement for the years 2026: Funding Level (Up to) PART ONE: TREATMENT B. Support People in Treatment and Recovery 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare 10,000.00$ 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed in section B 56,685.00$ PART TWO: PREVENTION G. Prevent Misuse of Opioids 6. Supporting community coalitions in implementing evidence- informed prevention, such as reduced social access and physical access, stigma reduction-including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAMHSA").10,000.00$ PART THREE: OTHER STRATEGIES I. First Responders 1. Law enforcement expenditures related to the opioid epidemic 25,000.00$ K. Training 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.5,000.00$ 106,685.00$ Opioid Remediation Uses Per MOA ADOPTED by the City Council of the City of Eden Prairie this 6th day of January, 2026. ________________________ Ronald A Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.K. Department: Administration / Finance ITEM DESCRIPTION Authorize payment of certain claims by the finance division without prior council approval. REQUESTED ACTION Move to adopt a Resolution authorizing payment of certain claims by the Finance division without prior Council approval. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid or authorized for payment by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements, purchases, or invoices which contain a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 6th day of January 2026. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.L. Department: Administration / Finance ITEM DESCRIPTION Authorize City officials and approved payment processor to transact banking business. REQUESTED ACTION Move to adopt a Resolution authorizing the persons holding the office as Mayor, Manager, and Treasurer or Deputy Treasurer and the approved payment processor to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie and the approved payment processor, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the City provides written notice to the contrary, this authorization includes the authority to sign checks against said account, which checks will be signed by the Mayor, Manager, City Treasurer or Deputy Treasurer, or the approved payment processor. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. BE IT FURTHER RESOLVED, that any person or entity authorized to conduct banking business on behalf of the City with its official depositories may sign checks with the authority of the City Treasurer or Deputy Treasurer, only when duly authorized by the City. ADOPTED by the City Council of the City of Eden Prairie this 6th day of January 2026. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.M. Department: Administration / Finance ITEM DESCRIPTION Approve Investment Policy REQUESTED ACTION Move to approve Investment Policy SUMMARY The investment policy will be reviewed and formally approved and adopted by the City Council. No changes have been made to the policy. ATTACHMENTS Investment Policy 1 City of Eden Prairie Investment Policy Statement of Purpose This policy has been developed to serve as a guide for the management of City investments. It is the policy of the City to invest public funds in a manner which provides for the following in order of importance: Safety; Liquidity; and Yield (return on investment) that conforms to all federal, state, and local regulations governing the investment of public funds. The City will invest in securities that match the City’s operational, short-term and longer-term needs. Except for cash in certain restricted and special funds, all cash and investments are pooled together to achieve economies of scale. Investment income will be allocated to the various funds based on their respective participation and according to generally accepted accounting principles. Objectives The primary objectives, in order of priority, of investment activities are safety, liquidity, and yield: • Safety - Safety of principal is of critical importance to the investment program. Investments will be undertaken in a way that seeks to ensure the preservation of principal in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. • Credit Risk – the risk of loss due to failure by the security backer will be minimized by: • Limiting investments to the types of securities listed in the Diversity Section of this policy. • Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which the City will do business in accordance with the Financial Service Providers section of this policy. • Diversifying the portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. Insurance or collateral may be required to ensure return of principal. • Interest Rate Risk – the risk that the market value of securities in the portfolio will fall due to changes in market interest rates will be minimized to: • Provide for liquidity by reviewing cash flow requirements and make investments to meet the shorter cash flow needs, thereby avoiding the need to sell securities in the open market prior to maturity. • Manage the duration of the portfolio to be consistent with the risk profile of the City of not to exceed 3.5 years. 2 • Liquidity – The investment portfolio will be managed to remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The portfolio will be structured so that funds for approximately three months of cash flow needs are readily available. • Yield/Return on Investment - The investment portfolio will be designed with the objective of attaining a market rate of return. Investments are limited to low-risk securities in anticipation of earning a fair return relative to the risk assumed. While it is expected that all securities would be suitable to be held until maturity, sales can occur for the following reasons: o A security with declining credit may be sold early to minimize loss of principal. o A security swap which improves the quality, yield, or target duration of the portfolio. o Liquidity need of the portfolio requires that a security be sold. Delegation of Authority The investment program shall be operated in conformance with federal, state, and other legal requirements. Authority to manage the City’s investment program is derived from Minnesota Statutes 118A, Deposit and Investment of Local Public Funds. By approval of this policy, the City Council’s management responsibility for the investment program is hereby delegated by the City Manager to the Finance Manager. Internal Controls - The Finance Manager is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits require estimates and judgments by management. Ethics and Conflict of Interest Employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution and management of the investment program. Employees and investment officials will disclose any material interests in financial institutions with which they conduct business. They will further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers will refrain from undertaking personal investment transactions with the same individual with whom business is conducted for the City. Financial Service Providers The City may purchase securities directly through Financial Industry Regulatory Authority (FINRA) registered security broker/dealers. Each authorized broker/dealer from whom the City purchases securities directly shall provide certification as requested by State Law of the broker’s annual review of the City’s investment 3 policy. All broker/dealers who desire to become qualified bidders for investment transactions must supply the City with FINRA certification and CRD number. FINRA is the self-regulatory national organization for broker/dealers. All registration and certifications information is kept in their Central Registration Depository which is available online to all investors. Investment Managers The City may utilize SEC registered investment advisory/management firms (External Investment Managers) to invest segments of the portfolio. Managers shall be selected through an RFP process. The External Investment Managers will operate within the constraints of this Investment Policy and an executed Investment Advisory Agreement. The External Investment Managers shall have discretion over the assigned segment of the portfolio. All External Investment Managers shall purchase and sell investment securities in accordance with Minnesota Statute 118A, this Investment Policy and the Investment Advisory Agreement. Each External Investment Manager shall provide certification as requested by State Law of their annual review of the City’s investment policy. External Investment Managers may be assigned differing strategies, constraints and assets to manage at the discretion of the Finance Manager. External Investment Managers must be registered under the Investment Advisers Act of 1940 and be licensed and registered to do business in Minnesota and registered as an investment advisor through IARD (Investment Advisor Registration Depository) in Minnesota. Suitable and Authorized Investments Investment Types – All investments made by the City will be in accordance with Minnesota Statutes. Authorized investments include but are not limited to: • Governmental bonds, notes, bills, mortgages (excluding high-risk mortgage-backed securities) and other securities, which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. • General obligation of any state or local government with taxing powers which is rated "A" or better by a national bond rating service. • Revenue obligation of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service. • General obligation of the Minnesota housing finance agency which is a moral obligation of the state of Minnesota and is rated "A" or better by a national bond rating agency. • Commercial paper issued by United States corporations or their Canadian subsidiaries that is rated in the highest quality category by at least two nationally recognized rating agencies and matures in 270 days or less. • Time deposits that are fully insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration, or bankers’ acceptances of United States banks. 4 • SEC-registered money market funds that are registered under the Investment Company Act of 1940. • Local government investment pools (“LGIPs”). Additional Investment Authority So long as the City is a “qualifying government” pursuant to Minnesota Statute 118A, it will have additional investment authority per this policy and Minnesota Statute. A qualifying government is defined by Minnesota Statute 118A.09, Subd. 1 as: • A county or statutory or home rule charter city with a population of more than 100,000; or • A county or statutory or home rule charter city whose most recent long-term, senior, general obligation rating by one or more national rating organizations in the prior 18-month period is AA or higher. As long as the City is a qualifying government, it may invest up to 15 percent of the sum of unassigned cash, cash equivalents, deposits, and investments in: • An index mutual fund based in the United States and indexed to a broad market United States equity index, on the condition that index mutual fund investments must be made directly with the main sales office of the fund; or • With the Minnesota State Board of Investment subject to such terms and minimum amounts as may be adopted by the board. Before investing pursuant to this section, the governing body of the qualifying government must adopt a resolution that includes the following statements: • The governing body understands that investments have a risk of loss • The governing body understands the type of funds that are being invested and the specific investment itself • The governing body certifies that all funds designated for investment through the State Board of Investment meet the requirements of this section and the policies and procedures established by the State Board of Investment. Qualified External Investment Managers assisting the City in the management of its overall portfolio may purchase and sell investment securities in accordance with this policy and may utilize their own approved list of broker/dealers and security issuers; however, the list shall fully comply with the criteria maintained in this policy. Collateralization To the extent that funds deposited are in excess of available federal deposit insurance, the City will require the financial institution to furnish collateral security or a corporate surety bond executed by a company authorized to do business in the state. The following are the allowable forms of collateral in lieu of a corporate surety bond: 5 • U.S. government treasury bills, treasury notes, treasury bonds. • Issues of U.S. government agencies and instrumentalities as quoted by a recognized industry quotation service available to the government entity. • General obligation securities of any state or local government with taxing powers which is rated "A" or better by a national bond rating service, or revenue obligation securities of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service. • General obligation securities of a local government with taxing powers may be pledged as collateral against funds deposited by the same government entity. • Irrevocable standby letters of credit issued by Federal Home Loan Banks to a municipality accompanied by written evidence that the bank's public debt is rated "AA" or better by Moody's Investors Service, Inc., or Standard & Poor's Corporation. • Time deposits that are fully insured by any federal agency. The amount of the collateral computed at its market value will be at least ten (10) percent more than the amount on deposit at the close of the business day, except that where the collateral is irrevocable standby letters of credit issued by Federal Home Loan Banks, the amount of collateral shall be at least equal to the amount on deposit at the close of the City’s business day. The City may furnish both a surety bond and collateral aggregating the required amount. Repurchase Agreements - Repurchase agreements consisting of collateral allowable as an investment may be entered into with any of the following entities: • A financial institution qualified as a "depository" of public funds of the government entity. • Any other financial institution which is a member of the Federal Reserve System and whose combined capital and surplus equals or exceeds $10,000,000. • A primary reporting dealer in United States government securities to the Federal Reserve Bank of New York. • A securities broker-dealer licensed pursuant to Minnesota Statutes 80A, or an affiliate of it, regulated by the Securities and Exchange Commission and maintaining a combined capital and surplus of $40,000,000 or more, exclusive of subordinated debt. Reverse agreements may only be entered into for a period of 90 days or less and only to meet short-term cash flow needs. Safekeeping and Custody Securities purchased shall be held in a segregated account for the City’s benefit at a third-party trustee as a safekeeping agent. The investment dealer or bank through which the security is 6 purchased shall issue a confirmation ticket to the City listing the specific instrument, issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent information. The broker who executes the transaction on the City’s behalf shall deliver all securities on a delivery versus payment method (DVP) to the designated third party. Delivery versus payment (DVP) is a way of controlling the risk to which securities market participants are exposed. Delivery of securities, (the change in their ownership) is done simultaneously with payment. This means that neither the buyer nor the seller is exposed to the risk that the other will default. Investments, contracts, and agreement may be held in safekeeping with: • any Federal Reserve bank; • any bank authorized under the laws of the United States or any state to exercise corporate trust powers, including, but not limited to, the bank from which the investment is purchased. The City’s ownership of all securities should be evidenced by written acknowledgements identifying the securities by: The name of the issuers The maturity dates The interest rates Any CUSIP numbers or other distinguishing marks. Maximum Maturities • Approximately three months of cash flow needs will be invested in money market or short-term securities to meet current operating needs. • The average duration of the portfolio shall not exceed 3.5 years. • Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than seven (7) years from security settlement date. • For mortgage-backed securities, the weighted average life (WAL) must be no more than seven (7) years from security settlement date. • The intent to invest in securities with longer durations will be disclosed to the City Council prior to purchase. • Maturities will generally be diversified to avoid undue concentration of assets in a public sector. • Exception of maximum maturity is in reserve funds (per bond indentures) which may be invested to maturity that coincides as nearly as practical with the expected use of the funds. 7 Diversification Diversification - The investments will be diversified by: • Limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities). • Investing in securities with varying maturities as practical. • Investing a portion of the portfolio in readily available funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. Diversification strategies will be implemented with the following constraints so that a Portfolio does not exceed the percentage identified below: Issuer Type % of Total Portfolio Money Market Fund 45% Certificates of Deposit 25% Savings/demand deposits 15% Bankers’ Acceptance Per Issuer 20% 5% Commercial Paper Per Issuer 30% 5% US Treasury Obligations 100% Federal Agency Securities Per Issuer: 75% 40% Federal Agency Mortgage-backed Securities: 40% Municipal Securities Per Issuer 40% 5% Repurchase Agreement Per Issuer 30% 5% Guaranteed Investment Contracts By Project Any percentage limits, maturity length, rating requirements, or other investment parameters will be calculated and/or evaluated based on the original cost of each investment at the time of purchase, based on the settlement date, of the security in determining compliance with this investment policy. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow needs. The City’s investment strategy is conservative and is designed to earn rates similar to U.S. treasury yields. 8 Reporting The Finance Manager will periodically prepare an investment report including a summary that provides an analysis of the current investment portfolio. The summary will include the percentage of investments held in each investment type, information on investment income and yield, and the maturities of the portfolio. A detailed report will be provided and will include a listing of individual securities held, the yield to maturity of each investment, the book value and the market value of each investment, and the maturity date of each investment. Amendments This policy shall be reviewed on an annual basis. Any changes must be approved by the Finance Manager and/or any other appropriate authority, such as the individuals charged with maintaining internal controls of the City’s funds. The investment policy and any other modifications to the policy shall be formally approved and adopted by the City Council. City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.N. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Approve purchase and installation of a new PA (paging) system for the Eden Prairie Community Center. REQUESTED ACTION Approve Agreement for Contract Services with Heartland Business Systems for the purchase and installation of a facility-wide paging system at the Eden Prairie Community Center in an amount not to exceed $65,939.41. SUMMARY As part of the 2025 Facilities CIP, a building-wide PA (paging) system upgrade is planned for the Eden Prairie Community Center. The new system will provide paging functionality across public spaces, rental areas, fitness rooms, aquatic areas, rinks, staff offices, and key back-of-house locations. The paging system is designed to piggyback on the soon to be implemented Police Department paging controller (InformaCast Fusion), allowing shared administration and future integration for emergency messaging and panic button capabilities across the broader City campus. While emergency integration is not part of this initial scope, the system infrastructure is designed with future expandability in mind. True North Consulting Group (TNCG) developed a detailed design and specifications package based on feedback from Facilities, IT, and Community Center staff. Bids were solicited from qualified vendors using these specifications, with the following verified bid results: Vendor Bid Amount Heartland Business Systems $65,939.41 Tierney Brothers $93,893.00 Alpha Video & Audio $129,034.04 Staff recommends awarding the contract to Heartland Business Systems, the low bidder, whose proposal meets the design intent and equipment specifications provided by TNCG. ATTACHMENTS •Agreement for Contract Services •True North Consulting Group – Letter of Recommendation (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 6th day of January, 2026, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Heartland Business Systems, LLC, a Wisconsin limited liability company (hereinafter “Contractor”) whose business address is 1700 Stephen Street, Little Chute, WI 54140. 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 Eden Prairie Community Center Paging Upgrade, 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 (Statement of Work dated November 20, 2025). 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 January 6, 2026. The Work shall be completed by August 31, 2026 unless an extenstion is mutually agreed upon by City’s Facilities Manager and Contractor. 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 necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 12 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 $65,939.41 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. By making the claim for payment, the person making the claim is declaring that the 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 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. 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 Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 12 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 Liability form arising from explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 12 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 policies 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. 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 Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 12 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 third party 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. 11. Warranty. Contractor warrants and represents that Contractor’s services will conform to industry standards and will be completed in a good, skillful and professional manner, in accordance with all applicable laws. Contractor is a reseller of products. As such, any hardware, software, parts, licenses or third-party services sold to City, or integrated, included Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 12 or utilized as part of any Contractor service offering sold to City, may be subject to a warranty made by the manufacturer or other third party to City and, if so, the terms and conditions of such warranty are set forth in other documents. City acknowledges that Contractor is not a party to any such warranty, and that any rights or remedies that City may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against Contractor. Subject to the warranty requirements set forth above, 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 for services are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Subject to the warranty requirements set forth above, 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. Subject to the warranty requirements set forth above, 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 fourteen (14) 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. Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 12 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 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 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 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 Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 12 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 a party, the other party 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. However, the use of general advertisements or employment postings made available to the general public shall not constitute a solicitation, and any hiring resulting from the same shall not constitute a violation of this section. 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 Standard Agreement for Contract Services (rev. 6/2024) Page 9 of 12 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. In accordance with Minn. Stat. § 16C.05, subd. 5, 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. This provision will survive the completion or termination 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 12 any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA 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 MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 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: _______________________________ Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 12 EXHIBIT A Quote/Proposal/Scope of Work The contractor shall provide all services, materials, equipment, and labor necessary for the installation of a new IP-based public address (PA) system at the Eden Prairie Community Center. This work shall be performed in accordance with the plans and specifications titled "Eden Prairie – Community Center PA Upgrades" prepared by True North Consulting Group, dated October 30, 2025, which are hereby incorporated by reference as if fully set forth herein. In addition, the contractor shall perform the services outlined in the proposal and Statement of Work prepared by Heartland Business Systems, dated December 12, 2025, which is attached hereto and incorporated as part of this Exhibit A. Standard Agreement for Contract Services (rev. 6/2024) Page 12 of 12 www.hbs.net | Linkedin.HBS.net | @HBSTech 800-236-7914 | Heartland Business Systems, LLC Statement of Work Eden Prairie INFORMACAST FUSION RFP SOW Prepared By: Luke Possis Solution Consultant Heartland Business Systems, LLC 101 Broadway Street West, Suite 106 Osseo, MN 55369 Phone: (952) 656-9202 Email: Lpossis@hbs.net Jake Panzer Engineering Services Manager – Collaboration Phone: (715) 598-3287 jpanzer@hbs.net STATEMENT OF WORK – Nov 20, 2025 Eden Prairie – InformaCast Fusion RFP CONFIDENTIAL 2 Project Overview This Statement of Work (“SOW”) reflects the services and material to be provided by Heartland Business Systems, LLC, (hereinafter referred to as “HBS") for Eden Prairie (hereinafter referred to as “Customer Abrv.“ or “Customer”). The objective of this project is to design and implement a comprehensive IP-based notification solution that enhances safety, communication, and situational awareness across the facility. As part of this deployment, the project will include the installation and configuration of 100 IP speakers, 6 paging horns, and 1 panic button, fully integrated into the customer’s existing network and notification ecosystem. Project Scope HBS will provide the following services (hereinafter referred to as the “Scope”): In Scope • Design and Verification o Develop project plan for execution and scheduling o Fusion Integration Method and Authentication o Design Notification Groups and Devices • Configure Endpoints o IP Panic Buttons o (100) IP Speakers o (6) Paging Horns o InformaCast Fusion Appliance • Configure Scenarios / Events o Work with customers to set up events (up to 10 unique) ▪ Events (paging, calendars, etc) o Work with customers to set up scenarios (up to 5) • Documentation and Training o End-user quick reference guides for alert activation and device usage. o Administrator documentation for configuration details, system policies, and support procedures. o Training & Knowledge Transfer, including: o Admin/IT training session(s) o Operations/End-user training o Review of workflows, device management, and alerting best practices Out of Scope • Multicast Configuration • Any work or material not specifically identified in this document is not included in this Agreement. The out-of- scope items shall include the following: Deployment of any additional equipment not specifically listed in this SOW or Quote for the project. • User correspondence • Appliable Firewall tasks STATEMENT OF WORK – Nov 20, 2025 Eden Prairie – InformaCast Fusion RFP CONFIDENTIAL 3 Additional Requirements and Conditions • Customer will provide times for outage windows during which the UC applications can be unavailable as the cutover takes place. • Customer will provide adequate network access and credentials required for the assessment of all components listed in the scope • Customer will create an HBS email account within their organization for testing of voicemail and automated attendant functions. • Customer acknowledges that the feature-set of the Webex Calling platform is not identical to the CUCM platform and differences in administration and end-user experience will be expected • Customer will provide a Letter of Authorization (LOA) for Cisco Support Contracts • Customer to provide remote access prior to and throughout the project • Customer will provide enough space for installing the new equipment • HBS and Customer will both ensure that adequate resources, for which each respective party is responsible, are available when needed throughout the duration of this engagement. The timely completion of this engagement will depend on the availability of the necessary Customer personnel. • The timely completion of this engagement will also depend on the availability and delivery of the product(s) associated with this SOW from other vendors. • Any potential dependencies discovered prior to or during implementation will be communicated to Customer and HBS to determine impact to the timing, scope and pricing for the project, and the parties shall utilize the Change Order process as necessary. Customer Responsibilities Site and System(s) Readiness The items listed below shall be the responsibility of the customer: • Provide a workspace with Internet access for HBS engineers • Verify that a minimum of CAT5e network cabling is run to each phone location • Provide user and extension lists for phone deployment • Provide existing telco documents, resources, and list of business-owned inbound telephone numbers • Participate in system and workflow discovery • Provide an HBS email address within the Customer organization • Provide room for staging • Disposal of shipment packaging • Disposal of replaced equipment • Clean all network closets prior to shipment arrival • Communication of outages • Assistance with testing and validation • Provide power strips and access to receptacles for staging • Transportation of Equipment to the buildings • Provide lifts and or ladders where applicable Working Conditions and Access The items listed below shall apply to the extent applicable: STATEMENT OF WORK – Nov 20, 2025 Eden Prairie – InformaCast Fusion RFP CONFIDENTIAL 4 • Customer will provide a Single Point of Contact with decision making ability to interface with HBS. This person is responsible for signing off on Scope of Work and Change Order documents throughout the project. • Customer will provide Subject Matter Experts (SMEs) when required by project personnel and/or project activities. If delays in the project timeline are a result of delayed access to SME personnel or any other Customer delays, Customer may be subject to additional charges. • Customer will provide HBS with access, including all password and logins, to required existing network or system assets listed in the scope. • Customer will provide HBS with proper access and workspace areas at Customer locations that includes internet, physical and remote access to in scope infrastructure or systems. • Customer will allow the HBS engineer to connect their computer to Customer network in order to perform their duties. HBS will allow Customer to examine said notebook for current anti-virus software, if needed. • Customer will allow HBS unescorted access to computer rooms, equipment closets and the general facility. If unescorted access is not available, Customer shall assign access levels appropriately and coordinate escorts. • Customer will provide adequate access and credentials required for the assessment of all components or systems listed in the scope. • Customer will provide remote access prior to, and throughout, the project if required. • Customer will have working Internet access available where the work will be performed. • Customer is responsible for resolving problems outside the SOW that are beyond the control of HBS. These shall include but not be limited to software/firmware bugs, vendor engineering support cases, hardware failures, telecommunication circuits, server issues, desktop issues, the acts or omissions of any third party, or any other occurrence not caused by HBS. HBS can assist with these out-of-scope issues through the Change Order process or on a time and materials basis. Testing, Notification and Change Control • Customer will provide advanced notification of any network outages or changes during the implementation period. • Customer will assist with the creation of and perform user acceptance testing and post-migration end-point validations. • HBS and Customer will provide 48-hour notification of any schedule changes. • Customer will assist with the design, testing and validation of the project Deliverables . • Customer and HBS agree that work shall progress when Customer staff is not available to participate. Milestones The project milestones below are utilized to track progress against the Project Plan. # Milestone 1 Design Phase 2 InformaCast Tasks 3 Training 4 Cutover Deliverables The following are the deliverables HBS will provide to Customer (hereinafter referred to as “Deliverables”) for this project: STATEMENT OF WORK – Nov 20, 2025 Eden Prairie – InformaCast Fusion RFP CONFIDENTIAL 5 Any change to the Deliverables listed below will require a Change Order. # Deliverables 1 Project Plan 2 Implementation of solution per the “In Scope” section 3 Training Fixed Fee Pricing This SOW is fixed fee. Any additional work required under a Change Order will also be billed to the City of Eden Prairie Service and equipment identified in this SOW do not include any taxes that may be applicable. Any such taxes shall be specified on an invoice as a separate line item. Project Completion Project will be complete when all Deliverables have been provided to Customer. Customer will have seven (7) business days to review the Deliverables for the project. If HBS does not receive a written notice of rejection describing the basis for rejection within this period, the Deliverables will be considered accepted. After the completion of the project, support may be obtained by contacting the HBS Account Manager. Support will be billed at an agreed upon rate for services rendered. Change Management Additional products and services beyond the In-Scope deliverables listed above are considered out of scope and require a Change Order executed by the parties before any such work can be performed. Any additions, deletions, or modifications to the Agreement, regardless of change to project value, require a Change Order. Terms Binding Agreement. This SOW describes the professional services and/or products, and results to be provided by HBS. Upon execution, this SOW shall be contractually binding on the parties. The HBS Standard Terms and Conditions are also made part of this Agreement. Order of Precedence. Any ambiguity or inconsistency between or among the statements of this SOW and the Standard Terms and Conditions shall be resolved by giving priority and precedence in the following order: • Statement of Work • Standard Terms and Conditions Work Hours. All professional services work will be completed during the normal business hours of 8:00 am – 5:00 pm Monday - Friday Central Time. Any work occurring after 5:00 pm or before 8:00 am or on weekends is subject to a bill rate of 1.5 times the normal rate, unless the parties agree otherwise in writing. In the event that any change to the above- STATEMENT OF WORK – Nov 20, 2025 Eden Prairie – InformaCast Fusion RFP CONFIDENTIAL 6 stated work hours is required, whether due to shipping or delivery delays or any other reason, the parties shall utilize the Change Order process. General. No other promises have been made related to this SOW except for those stated in this SOW. This SOW supersedes all other agreements or promises related to this project and SOW. HBS shall not be responsible for any delay caused by the Customer or its vendors or contractors, equipment or shipping delays, or any other occurrence not caused by HBS. Confidentiality. Each party may have access to confidential information concerning the methodologies, pricing, and business practices of the other. Neither party shall make any use of such information of the other party except in connection with the exercise of its rights and responsibilities under this SOW. Approval An authorized signature below indicates acceptance of all terms of this SOW. The individual signing warrants and represents that the individual is a duly authorized representative with full authority to enter into this Agreement on behalf of the individual’s organization. Eden Prairie Community Center Paging Upgrade Quote #394171 v1 Minneapolis Area Office Prepared by:Prepared For: City of Eden Prairie P: (952) 949-8520 E: rclark@edenprairiemn.gov P: 952-715-2929 E: lpossis@hbs.net Luke Possis 101 Broadway Avenue West Suite 106 Osseo, MN 55369 Rick Clark 8080 Mitchell Road Eden Prairie, MN 55344 Date Issued: 12.12.2025 Expires: 12.17.2025 Paging Hardware Price Qty Ext. Price SD72WV-KIT Cut-In Ceiling Speakers $66.16 75 $4,962.00 SBMS Wall Speakers $94.47 25 $2,361.75 AP-15TU Paging Horns $133.41 6 $800.46 AZMP8 Atmosphere™ 8-Zone Signal Processor with 1200-Watt Amplifier $3,770.46 1 $3,770.46 X-ZPS Zone Paging Station $622.17 1 $622.17 IP-ZCM1RMK Single PoE+ IP-to-Analog Gateway $925.09 7 $6,475.63 ST-DA3 Audio Distribution Amplifier $197.46 2 $394.92 PS-24AS Power Supply $35.49 2 $70.98 269R Under desk duress buttons $26.66 3 $79.98 CP-SS43-EN Wall Panic Button $151.49 1 $151.49 HBS-MISC-CABLING Miscellaneous Expenses $1,000.00 1 $1,000.00 Subtotal:$20,689.84 Singlewire Software Price Qty Ext. Price SSF-%YR-EPA- TIER 2 InformaCast Fusion IP Speaker Endpoint Add-On Term November 20, 2025 - July 24, 2028 $26.95 100 $2,695.00 PTA-IFS InformaCast Fusion Server Appliance One time cost $969.57 1 $969.57 Subtotal:$3,664.57 Services Price Qty Ext. Price HBS-FF-PROJECT HBS-Fixed Fee Project See attached Statement of Work for HBS Services $7,755.00 1 $7,755.00 Page: 1 of 3Quote #394171 v1 Services Price Qty Ext. Price HBS- SUBCONTRACTO R-CABLING Subcontractor Cabling (Fixed Bid) SCOPE: Provide all necessary labor and materials for the installation of new Paging Speakers and Wiring. Includes installation of the following: * (1) Head End Equipment - Rack Mount & Connect Devices * (75) Ceiling Mount Speakers - Wire & Install * (25) Wall Mount Speakers - Wire & Install *(6) Paging Horns - Wire & Install * (4) Panic/Duress Buttons - Wire & Install MATERIALS: Qty Description 12,000' 16AWG 2 Conductor Plenum 2,000' Category 6 plenum 25 Rigid Conduit & Backbox 1 Misc - cable support, firestop, mounting hardware, etc. $33,830.00 1 $33,830.00 Subtotal:$41,585.00 Bond Info Qty The contractor shall post bonds to secure the warranties. At apx 1.5% to equal $989.09 Quote Summary Amount Paging Hardware $20,689.84 Singlewire Software $3,664.57 Services $41,585.00 Total:$65,939.41 This Quote does not include any federal or state prevailing wage rates, unless specifically noted. If this project requires compliance with any federal or state prevailing wage laws, the customer must immediately notify Heartland in writing prior to acceptance so that Heartland can provide an updated Quote. Any modifications made after the project commencement will result in additional charges and delays. This quote may not include applicable sales tax, telecommunications taxes, shipping, handling, and delivery charges. Final applicable sales tax, telecommunications taxes, shipping, handling, and delivery charges are calculated and applied at invoice. The above prices are for hardware/software only, and do not include delivery, setup or installation by Heartland (“HBS”) unless otherwise noted. Installation by HBS is available at our regular hourly rates, or pursuant to a prepaid HBSFlex Agreement. This configuration is presented for convenience only. HBS is not responsible for typographical or other errors/omissions regarding prices or other information. Prices and configurations are subject to change without notice. HBS may modify or cancel this quote if the pricing is impacted by a tariff. A 20% restocking fee will be charged on any returned part. Customer is responsible for all costs associated with return of product and a $25.00 processing fee. No returns, cancellations or order changes are accepted by HBS without prior written approval. This quote and any attached agreement are not subject to termination without cause or for convenience. This quote expressly limits acceptance to the terms of this quote, and HBS disclaims any additional terms. Customer may issue a purchase order for administrative purposes only. By providing your “E-Signature,” you acknowledge that your electronic signature is the legal equivalent of your manual signature, and you warrant that you have express authority to execute this agreement and legally bind your organization to this proposal and all attached documents. Any purchase that the customer makes from HBS is governed by HBS’ Standard Terms and Conditions (“ST&Cs”) located at http://www.hbs.net/standard-terms-and-conditions, which are incorporated herein by reference. The ST&Cs are subject to change. When a new order is placed, the ST&Cs on the above-stated website at that time shall apply. If customer has signed HBS’ ST&Cs version 2022.v1.0 or later, or the parties have executed a current master services agreement, the signed agreement shall control over any conflicting terms in the version on the website. If a current master services agreement does not cover the purchase of products, the ST&Cs located on the website shall govern the purchase of products. Certain purchases also require customer to be bound by end user terms and conditions. A list of end user terms and conditions related to various manufacturers and vendors is set Page: 2 of 3Quote #394171 v1 forth at https://www.hbs.net/End-User-Agreements. Any purchase that customer makes is also governed by the applicable end user terms and conditions, which are incorporated herein by reference. If customer has questions about whether end user terms and conditions apply to a purchase, customer shall contact HBS. Any order(s) that exceeds the credit limit assigned by HBS shall require upfront payment from customer in an amount determined by HBS. HBS shall make this determination at the time of the order, unless customer has previously submitted the required onboarding paperwork. In such event, HBS shall make this determination at the time of quoting. Customer shall ensure that all invoices are timely paid as stated in Section 2 of the ST&Cs, regardless of whether Customer has a financing or leasing company or other third-party issue the purchase order. In the event that a third-party issues the purchase order, Customer shall be required to sign this Quote for purposes of approving the order. QT.2025.v1.0 Acceptance Minneapolis Area Office City of Eden Prairie Luke Possis Rick Clark Signature / Name Signature / Name Initials 12/12/2025 Date Date Page: 3 of 3Quote #394171 v1 minneapolis / st. paul austin chicago dallas kansas city milwaukee December 16, 2025 Rick Clark City of Eden Prairie Re: Eden Prairie Community Center Paging Upgrade Project - Letter of Recommendation for Bid Award Rick, True North Consulting Group has evaluated the three base bids received by Heartland Business Solutions for $65,939.41, iSpace Environments for $93,893.00, and Bluum for $129,034.04. All bids were complete and responsible. All acknowledged the one addendum and responsible contractor forms. All meet the minimum level of qualifications and certifications required to install, support and service the City’s paging system. Therefore, TNCG recommends the City accept low bid from Heartland Business Solutions. Thank you, Nick Weber Sr. Technology Consultant | Integrated Building Technologies Nick.Weber@tncg.com True North Consulting Group City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.O. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Updated Site Work Following Retaining Wall Removal Design Change REQUESTED ACTION Approve Change Order with Minnesota Utilities & Excavating, LLC in the amount of $25,322.00 SUMMARY This change relates to updated site work performed by Minnesota Utilities & Excavating following a design decision to remove the large retaining wall and the flattened pad area, and instead create a sloped transition into the wetland behind the City Center building. As a result of that change, additional excavation and grading work was required, resulting in an increase of $25,322.00 for Minnesota Utilities. While this contractor’s scope increased, the overall project impact from this same design revision is a net cost reduction, as larger cost decreases are being realized through reduced landscaping and fencing work. ATTACHMENTS Change Order with Minnesota Utilities & Excavating, LLC                     ! "#  $$  "  %          &' #      (( )  &'%     * + ,#% &&-        ! "" # . %/ 0'  "   $ $%&'()&&*++   $,************************************************************************     -. /$. 0     ,********************************************       ,*******************************************************  ,$$-   -.     ***********************************************   ,,$$- ************************************************************************* %1()))(234*54 %1()'6(+2+*54 %141(1'3*54 %1(1'&('63*++ %&'()&&*++  7"8" 9: #( 8 ; (    1   -  -!2        9:  8 ;      134       9:   516 7  82 "' -'  %   $$  " -2 9:        9:  #   9:         * + ,#% &&- )  &'%    &' #    %    %                           BY (Signature) DATE: City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.P. Department: Information Technology ITEM DESCRIPTION Renew 3-year agreement for tertiary immutable backup using S3 compatible cloud object storage repository with Xigent Solutions. REQUESTED ACTION Move to: Approve the implementation of Backup Repository as a Service with Xigent Solutions for a monthly recurring fee of $2,210.59 for a 36-month term. SUMMARY In 2022, the City of Eden Prairie worked with Xigent Solutions to setup a hosted Backup Repository as a Service (BRaaS) using Cohesity with a 3-year term. This has allowed the city to setup an offsite secure and immutable backup and also meet requirements of the city’s cybersecurity insurance through League of Minnesota Cities. This agreement is a renewal of a 3-year term for continued offsite backup of the City of Eden Prairie data with Xigent’s S3 cloud object storage. This will allow city staff to restore backup from this tertiary site should there be a compromise of data in the city’s primary data center (located at City Hall) or Disaster Recovery location (located at the Community Center). The annual agreement cost is $26,527.08. The IT division has budgeted for this service in the IT Operational budget. ATTACHMENTS Xigent agreement (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the 30th day of December, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Xigent Solutions, LLC, a Minnesota company (hereinafter “Xigent”) whose business address is 6101 Baker Road, Suite 205, Minneapolis, MN 55345. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of Xigent to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or 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 goods and/or services by Xigent for a Fully Provisioned S3-Compatible Cloud Object Storage Repository, with its Primary Usage as Offsite Backup hereinafter referred to as the “Work”. The City and Xigent agree as follows: 1. Scope of Work. Xigent agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (BRaaSwR Renewal – Cloud Object Storage). 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 of Contract. All Work under this Contract shall be provided, performed and/or completed by Xigent Solutions, LLC. 3. Compensation for Services. City agrees to pay Xigent a fixed sum as noted in the Xigent quote as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Xigent shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 5. Staffing. Xigent has designated Chad Schwinghammer to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Xigent may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6 6. Standard of Care. Xigent 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. 7. Insurance. a. General Liability. Xigent shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Xigent shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Xigent shall secure and maintain such insurance as will protect Xigent from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Xigent’s services under this Contract. c. Comprehensive Automobile Liability. Xigent shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Xigent 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 Xigent, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Xigent, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Xigent harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Limitations of Liability. IN NO EVENT WILL XIGENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WIT THIS AGREEMENT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, DELAY IN COMPLETION OR DELIVERY OF THE SERVICES, LOST PORFITS OR GOODWILL. NOTWITHSTANDING ANYTHING TO THE CONTRARY XIGENT’S MAXIMUM LIABILITY TO CLIENT ARISING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE INSURANCE REQUIRED BY THIS AGREEMENT. THE PARTIES AGREE THAT THE DISCLAIMERS, REMEDIES AND LIMITATIONS IN THIS AGREEMENT ARE REASONABLE IN LIGHT OF THE NATURE OF THE SERVICES, PRICING, AND RELATIONSHIP BETWEEN THE PARTIES AND CONSTITUTE A NEGOTATED AND AGREED UPON ALLOCATION OF RISK 10. Warranty. Xigent 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 Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6 are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 11. Limited Warranties and Representations. a. By Xigent. Xigent warrants and represents that it will provide the Equipment and perform the Services in a manner consistent with the terms of this Agreement. b. By City. City warrants and represents that it has the full right, power, authority or permission to arrange for and authorize the performance of the Services and to agree to its obligations with respect to the Equipment consistent with the terms of this Agreement. c. No Other Warranties. OTHER THAN THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT, THE PARTIES MAKE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS AGREEMENT, ANY SOW, THE EQUIPMENT, OR THE SERVICES. ALL OTHER WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THAT PARTICULAR RESULTS WILL BE OBTAINED ARE EXPRESSLY WAIVED AND DISCLAMIED. d. Remedy for Breach of Performance of Services. City shall notify Xigent in writing within thirty (30) days of City knowing or reasonably believing that the Services performed are nonconforming or defective otherwise such claim is waived. City shall take all reasonable action to mitigate damages and provide Xigent a reasonable opportunity to cure any nonconformance or defects in Services. Any other claims by City that related to the Services must be delivered in writing to Xigent within on (1) year from the date such Services were completed or such claim is waived. 12. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of Xigent, Xigent shall be paid for services rendered until the effective date of termination. 13. Independent Contractor. At all times and for all purposes herein, Xigent is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Xigent an employee of the City. 14. Subcontract or Assignment. Xigent shall not subcontract any part of the services to be provided under this Contract; nor may Xigent assign this Contract, or any interest arising herein, without the prior written consent of the City. 15. Services Not Provided For. No claim for services furnished by Xigent not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, Xigent 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. 16. 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. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Xigent shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Xigent agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Xigent prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. Xigent 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. 21. 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. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, Xigent 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, Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6 disability, sexual orientation or age. Xigent 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. Xigent 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. Xigent 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. 24. 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. 25. 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. 26. Services Not Provided For. No claim for services furnished by Xigent not specifically provided for herein shall be honored by the City. 27. 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. 28. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of Xigent 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. This provision will survive the completion or termination of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by Xigent 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Xigent to perform any function Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6 of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Xigent in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Xigent shall comply with those requirements as if it were a government entity. All subcontracts entered into by Xigent in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Contract Number - Exhibit A - BRaaSwR Renewal - Cloud Object Storage Contract # 022532 Version 1 Expiration Date: 01/30/2025 Prepared for: City of Eden Prairie Aditi Salunke asalunke@edenprairie.org 6106 Baker Road Suite 205 Minneapolis, MN 55345 www.xigentsolutions.com 800-298-9543 Cloud Object Storage Contract Master Services Agreement This Cloud Object Storage (COS) Contract sets forth the terms and conditions under which City of Eden Prairie (“Client”) has engaged Xigent Solutions, LLC (“Xigent”) to provide the services described below in this Contract (collectively the “Services”) in support of Client’s desired business outcomes. This Contract is issued under and is subject to the terms and conditions set forth in the Master Services Agreement executed between Xigent and Client (“Agreement”). In the event of a conflict between the terms of this Contract and the Agreement, the terms of the Agreement will supersede this Contract unless this Contract references the specific section number which is to be superseded solely for the purposes of this Contract. Capitalized terms used in this Contract shall have the meanings ascribed to them in the Agreement. Xigent, through its employees or other agents, shall provide to Client the Services described below. Confidentiality Statement This document may contain confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Either party may disclose the information contained in this document to internal employees as necessary. Each party further agrees that the terms and conditions of the Mutual Confidentiality and Nondisclosure Agreement signed between Xigent and Client apply to and are hereby incorporated into this Services CONTRACT by reference. Service Summary The objective of this Contract is to provide ongoing operational services in support of the Client’s offsite backup requirements, including management and monitoring of the offsite S3 cloud storage. Xigent will provide the service utilizing certified and qualified engineers. Service Scope Xigent will provide a fully provisioned S3-compatible cloud object storage repository, with its primary usage as offsite backup. Pay as you grow storage in 10 TB increments. Secure multi-tenancy with unique access and secret keys. Fully-managed hot tier S3 cloud object storage. S3 Object lock configured as desired for immutability. Full connectivity via the public internet. Data will be stored in the following data center:. us-central-1 (Texas) Onboarding Services This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #022532 v1 Page: 2 of 7 6106 Baker Road Suite 205 Minneapolis, MN 55345 www.xigentsolutions.com 800-298-9543 Additional Cloud Object Storage Detail Changes Client will submit a service ticket to Xigent’s Service Desk at servicedesk@xigentsolutions.com with the desired increase when additional storage is required. Storage will be increased by increments of 10TB(s). Once provisioned, storage increases will be reflected on the next monthly invoice. Out of Scope Xigent is responsible to perform only the services described in this Contract unless mutually agreed upon and defined in a change request. Service Change Requests Service Change Requests ("SCR") Client may propose a SCR directly to the CSM. The CSM will complete the SCR, outlining the Services that will be rendered along with any changes in estimated costs and time required for completion. Upon signature by Client and Xigent, the CSM will schedule the resources necessary to implement the requested change in Services. Schedule, Timeline and Location Service delivery will be scheduled following execution of Xigent’s Master Services Agreement and this Contract. Scheduled dates for meetings and deliverables will be mutually agreed upon by Client and Xigent. Xigent Responsibilities Xigent is responsible for completing the work and developing the deliverables for the Service. Xigent will provide trained and certified professional(s) to perform the work and serve as a ‘trusted advisor’ to the Client. Notify Client when provisioned space has been reached 95% consumption. Provide a fully functional S3 Cloud Object Storage, with 11 – 9’s Availability. Xigent will advise Client on S3 Object Lock capabilities. Client Responsibilities Client’s responsibility to ensure S3 Lock capabilities, immutability timeframes and long term data storage requirements are carefully considered, planned, and documented. Monitor, manage, and adjust their applications to ensure storage consumption does not exceed their subscribed total storage amount. Ensure S3 compatibility with their backup software vendor(s). Prior to contacting Xigent, when errors occur, Client is responsible to perform initial troubleshooting with their application vendors. Design, configure, and maintain backup jobs within the subscribed repository size Monitor backup job success Test restoration processes This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #022532 v1 Page: 3 of 7 6106 Baker Road Suite 205 Minneapolis, MN 55345 www.xigentsolutions.com 800-298-9543 COS Components Service Component Qty Cloud Object Storage (Per TiB)50 Monthly (36 Months) Subtotal:$2,210.59 Additional Data Center Resources Monthly Fees - Listed for Service Growth Reference Additional Storage - Minimum of 10 TiB Increments $9 / TB / Month Terms & Conditions Service Fees This is a thirty-six (36) month contract for a minimum of 40 TB of repository capacity with the fees listed in the table below. At the end of each month during the contract term, Xigent will review and include service utilization information on the upcoming invoice based on the preceding month's utilization. Xigent reserves the right to pass on third party costs outside of our control. Invoicing Monthly billing for COS commences immediately following first successful data replication to the target data center. Xigent shall invoice Client monthly for all ongoing services and Client shall remit payment for invoices within (30) days of invoice. Monthly fees will be invoiced in advance for the upcoming month. Offboarding Services As the managed services contract approaches its conclusion, Xigent remains committed to ensuring a smooth and seamless transition for your organization. Below is an outline of our offboarding approach and billing structure for services provided during the offboarding process. If the Client isn’t able to complete the transition before the contract expires, Xigent will provide the Managed Service monthly until the migration is complete and Xigent can purge all systems, data and configurations. Until such milestones are reached, the Client will be responsible for the monthly fee based on current month-to-month rates, not contracted rates. Transition Services: o Xigent will provide the necessary support to transition knowledge, documentation, and operational processes to your designated team or a successor service provider. Scope of Offboarding Activities: This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #022532 v1 Page: 4 of 7 6106 Baker Road Suite 205 Minneapolis, MN 55345 www.xigentsolutions.com 800-298-9543 o Xigent will provide the necessary resources to define the scope and deliverables with the Client. Xigent will provide a statement of work outlining the professional services required to complete the transition. Billing for Offboarding Services: o All offboarding activities will be invoiced on a Time and Materials (T&M) basis. o T&M billing rates per the Master Service Agreement will align with scope requirements for the specific expertise required by role (e.g., architects, consultants, project managers). o Xigent shall invoice Client monthly for all Services, and Client shall remit payment for invoices within (30) days of invoice. Monthly fees for the upcoming month will be invoiced in advance. Xigent will summarize Services performed and expenses incurred when invoiced to Client. Duration of Offboarding: o The timeline for offboarding will depend on the agreed-upon scope and complexity of the transition. o Xigent will collaborate with Client team to establish clear milestones and ensure all activities are completed efficiently. Point of Contact: o A dedicated Xigent representative will be assigned to oversee the offboarding process and serve as your primary point of contact. o Xigent requires the Client to provide a primary point of contact and escalation contact. Final Deliverables: o At the end of the offboarding process, Xigent will deliver all agreed-upon documentation, credentials, and other relevant assets to your designated team. o The Client will be required to validate all deliverables have been met. Cancellation and Termination In the absence of a breach by Xigent of Xigent’s obligations, if Client cancels the Service or if Xigent terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay Xigent fees for services performed through the date of cancellation including the current month of service and for any additional remaining months of this COS Contract. Protection Against Additional Storage Costs for Expired COS Services Additional Storage Costs Due to Immutable Settings If the Client has enabled or configured data immutability settings that prevent the deletion of protected data beyond the expiration (contract end) date of Cloud Object Storage provided by Xigent, the Client agrees to assume responsibility for any additional storage costs incurred by Xigent as a result of these settings. Expectations of Service Expiration The client should be aware and document the data protection service's expiration date. It is the Client’s responsibility to review and, if necessary, adjust the immutability settings to align with the service's expiration timeline to avoid additional charges. Calculation and Payment of Additional Costs Any additional storage costs incurred will be calculated based on Xigent’s standard rates in effect at the time of the service expiration. An invoice detailing such costs will be issued to the Client, and payment shall be due within 10 days of the invoice date. Exclusion of Liability Xigent shall not be held liable for any additional costs, operational delays, or other consequences This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #022532 v1 Page: 5 of 7 6106 Baker Road Suite 205 Minneapolis, MN 55345 www.xigentsolutions.com 800-298-9543 resulting from the Client’s failure to modify immutability settings prior to the expiration of the service. Annual Price Adjustment Clause Beginning on the first anniversary of the Effective Date of this Contract, and on each anniversary thereafter, the Service Fee for the Services provided under this Contract shall automatically increase by 4.92% from the prior year's Service Fee. This increase reflects adjustments for inflation, changes in the cost of service delivery, and other market conditions. Each adjusted Service Fee will be applied to invoices beginning on the anniversary date and will remain in effect until the next anniversary. The Client will be notified of the adjusted Service Fee at least 30 days in advance of the effective increase date. COS Contract Acceptance This COS Contract and the Xigent Master Service Agreement constitute the Agreement between Xigent and Client regarding its subject matter, and supersede all prior oral or written proposals, Contracts, representations and other communications between the parties with respect to the service and shall prevail notwithstanding any different, conflicting or additional terms and conditions which may appear on any order or other document submitted by Client. IN WITNESS WHEREOF, the parties have caused the COS Contract to be signed on the respective dates indicated below. The parties hereby acknowledge that they have read and do understand this COS Contract, the Master Service Agreement, and all attachments hereto, and agree to all terms and conditions stated herein. This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #022532 v1 Page: 6 of 7 6106 Baker Road Suite 205 Minneapolis, MN 55345 www.xigentsolutions.com 800-298-9543 Prepared for:Quote Information: City of Eden Prairie Quote #: 022532 8080 Mitchell Road Eden Prairie, MN 55344 Aditi Salunke (952) 949-8520 asalunke@edenprairie.org Version: 1 Delivery Date: 12/29/2025 Expiration Date: 01/30/2025 Monthly (36 Months) Recurring Fee Summary Description Amount COS Components $2,210.59 Monthly (36 Months) Recurring Fee:$2,210.59 Xigent Solutions, LLC City of Eden Prairie Signature: Name:Aditi Salunke Date: PO Number: Signature: Name:Chad Schwinghammer Title:Director of Service Delivery Date:12/29/2025 This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Contract #022532 v1 Page: 7 of 7 City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.Q. Department: Parks and Recreation ITEM DESCRIPTION Annual tree sale providing a reduced cost to residents of Eden Prairie. REQUESTED ACTION Authorize entering a Contract for Goods and Services with Tree Trust for facilitating the Arbor Day Tree Sale at an amount not to exceed $57,362.80. SUMMARY The City has been partnering with Tree Trust to facilitate our annual Arbor Day Tree Sale since 2019. Each year, Tree Trust will coordinate the purchase and sale of trees for Eden Prairie residents at a discounted rate. The event has been very popular, and we are easily able to sell 400 trees for spring collection on Arbor Day. We will offer 12 species consisting of predominantly native shade trees; all are climate-ready selections. The goal is to provide residents with a diversity of species to encourage planting on private property which will support our goal of a resilient urban forest through species diversification and continued canopy cover growth. ATTACHMENTS Contract for Goods and Services – Tree Trust Contract for Goods and Services This Contract (“Contract”) is made on the 06th day of January 2026, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Tree Trust, a Minnesota organization (hereinafter "Vendor") whose business address is 1419 Energy Park Drive St. Paul, MN 55108. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or 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 goods and/or services by Vendor for a 2026 Tree Sale hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor 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. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by June 1, 2026. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $57,362.80 with total payments not to exceed $57,362.80 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Noah DeVlaminck to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor 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. 2026 Tree Sale Contract Page 2 of 7 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor 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 Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor 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. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 2026 Tree Sale Contract Page 3 of 7 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor 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. 16. 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. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor 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. 21. 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 2026 Tree Sale Contract Page 4 of 7 provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor 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 Vendor 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 Vendor 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 Vendor 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. 24. 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. 25. 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. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. 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. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to 2026 Tree Sale Contract Page 5 of 7 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 Vendor 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 Vendor 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 Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ 2026 Tree Sale Contract Page 6 of 7 Exhibit A 2026 Tree Sale Specifications: 1. Grading Standards: Grading standards shall conform to the American Nursery and Landscape Association as published in “American Standard for Nursery Stock” (ANSI Z60.1-2014). No substitution of grade of tree shall be permitted without written permission form the City. 2. Certificates and Documents: The Vendor shall meet and comply with all federal, state, and local regulations and requirements involving the nursery stock provided to the City. This includes obtaining inspection certificates, quarantine compliance documents, and any special inspections that may be required. The Vendor shall be appropriately certified or licensed in the State of Minnesota. 3. Tree Quality: Trees must meet the quality and condition standards set for in the “American Standard for Nursery Stock” (ANSI Z60.1-2014). 4. The Vendor is to purchase trees in #7 or #10 containers for a total of 400 trees for the Spring 2026 Arbor Day Sale. 5. All species and any change in variety must be pre-approved by the City. 6. Upon the completion of all work; email, mail, or deliver invoices to: Karli Wittner Attn: Forestry Division City of Eden Prairie Parks and Natural Resources 15150 Technology Dr., Eden Prairie, MN 55344 -Or- kwittner@edenprairie.org 2026 Tree Sale Contract Page 7 of 7 7. The Vendor is responsible for all items listed below in the 2026 Tree Sale Budget: 2026 Tree Sale Budget Revenue Tree Revenue @ $45 per tree (400 Trees) $18,000.00 Expense Materials Tree Cost (400 #10 container trees), Mulch, Delivery, staffing for distribution $72,600.23 Staff Time Project Management, outreach, ordering and website fees $2,762.57 Total City Cost $57,362.80 City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.R. Department: Parks and Recreation ITEM DESCRIPTION Construction oversight and project management for installation of a retaining wall at Richard T. Anderson Conservation Area (RTA). REQUESTED ACTION Authorize entering into a Professional Services Agreement with Stantec Consulting Services for project and construction oversight for the RTA Maintenance Trail Stabilization Improvement Project does not exceed $51, 834.00. SUMMARY Over the last two years, City staff have worked with Stantec to design and implement erosion control efforts within RTA. The retaining wall project, previously approved by City Council, will remedy significant erosion along the maintenance trail that connects the upper and lower parking lots. Stantec has developed plans and specifications for this project. This new contract would include the next phase of construction and project oversight. Staff recommend continuing to work with Stantec to oversee construction. Funding for this project comes from the Capital Maintenance and Reinvestment fund under the Parks and Recreation Department. ATTACHMENTS Contract for Professional Services – Stantec (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on the 6th day of January, 2026, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services (“Consultant”), a Minnesota incorporation (hereinafter “Consultant”) whose business address is One Carlson Parkway North, Suite 100 Plymouth, MN 55447-4440. 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 Richard T. Anderson Maintenance Trail Stabilization Improvement 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 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 January 6th, 2026 through closeout for the project through 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 $51,834.00 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 Page 2 of 10 (rev. 6/2024) 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 Page 3 of 10 (rev. 6/2024) 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. By making the claim for payment, the person making the claim is declaring that the 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 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. Page 4 of 10 (rev. 6/2024) 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 Aggregate Page 5 of 10 (rev. 6/2024) $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 and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity Page 6 of 10 (rev. 6/2024) 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 negligent or otherwise wrongful act or omission (including breach of contract) of Page 7 of 10 (rev. 6/2024) 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. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. 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 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 legal or equitable action may be instituted Page 8 of 10 (rev. 6/2024) 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 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 (rev. 6/2024) 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 ofMinnesota. 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 toemployees 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 itssubcontractors for such work to incorporate such requirements in all subcontracts forprogram work. The Consultant further agrees to comply with all aspects of the MinnesotaHuman 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 inaccordance with this Agreement if it is directed to either party by delivering it personallyto 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 listedon page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt orthe date of mailing or deposit as aforesaid, provided, however, that if notice is given bymail 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 anymanner 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 notspecifically provided for herein shall be honored by the City. 28.Severability. The provisions of this Agreement are severable. If any portion hereof is, forany reason, held by a court of competent jurisdiction to be contrary to law, such decisionshall not affect the remaining provisions of this Agreement. 29.Statutory Provisions. a.Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,records, documents and accounting procedures and practices of the Consultant or otherparties relevant to this Agreement are subject to examination by the City and either the Page 10 of 10 (rev. 6/2024) Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b.Data Practices. Any reports, information, or data in any form given to, or preparedor assembled by the Consultant under this Agreement which the City requests to be keptconfidential, 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat.§ 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any functionof the City, all government data, as defined in Minn. Stat. § 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 MGDPA and Consultant shall comply with those requirements as if itwere a government entity. All subcontracts entered into by Consultant in relation to thisAgreement shall contain similar MGDPA compliance language. These obligations willsurvive the completion or termination of the Agreement. 30.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shallnot 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: Stantec Consulting Services Inc. One Carlson Parkway North, Suite 100 Plymouth MN 55447-4440 November 24, 2025 Karli Wittner Forestry & Natural Resources Supervisor City of Eden Prairie 15150 Technology Drive, Eden Prairie, MN 55344 Dear Karli, Stantec Consulting Services Inc. (Stantec) is pleased to provide the following proposed scope of work and fee estimate for construction phase services for the Richard T. Anderson Maintenance Trail Stabilization project. Our scope of work covers project management, construction administration and State funding documentation, construction observation, construction staking and surveying and record plans. The construction project work is detailed in the project bidding documents dated October 2025. Scope of Work The Tasks below detail our scope of work. Task 1 – Project Management and Meetings: This task includes project coordination and management required to schedule and coordinate Stantec survey and construction field staff, conduct general project communications, and facilitate and attend one preconstruction meeting and weekly construction progress meetings. We have included ten (10) weekly progress meetings, one (1) preconstruction meeting, one (1) substantial completion, and one (1) final completion walk-through. These meetings will be attended by Stantec’s Construction Engineer in Training, Project Engineer or Project Manager. Stantec will provide agendas and minutes for these meetings. Task 2 – Construction Administration and Observation: Stantec will provide part-time construction administration and observation services, including: •Review of shop drawings, submittals, and material testing reports •Observation of work for conformance to contract documents and documentation, including fieldlogs, photos, and quantity measurements.o We assume the project will be completed in 75 days and have accounted for part-timeobservation over 10 weeks (estimated 8 hours per week including travel to the site).Observation will be conducted by either the Project Engineer, Construction Manager orEngineer in Training. •Contractor coordination and construction engineering •Administration of contract, including preparation of pay requests and change orders •Punch list preparation (substantial and final) •Labor: Review certified payroll reports and associated forms and conduct employee interviews EXHIBIT A Scope of Services November 24, 2025 Karli Wittner Page 2 of 3 Reference: Task 3 – Construction Staking/Survey: Stantec will provide construction staking for the proposed retaining wall improvement items listed below. Re-staking of any items due to contractor error or carelessness will be paid for by the Contractor. Site Control/Orientation • Establish/verify horizontal control points and benchmarks necessary for accurate construction layout and machine control site orientation. Sediment Control/Clearing Limits • Stake silt fence/sediment control and/or clearing limits at 100’ intervals if necessary. Retaining Wall • Stake offsets to begin and end of wall and at each change in direction. • Stake locations, offsets and line references at each step-in wall. • Set a benchmark for wall grading. Task 4 – Record Plans Stantec will complete an as-built survey of the retaining wall and produce record plans for the project. The as-built field survey will include changes of the retaining wall; locations and grades will be shown on the record plan/profile and detail drawing sheets. Record plans will be provided in PDF format. Assumptions • The Contractor will provide Stantec the retaining wall design CADD files. • Staff performing on-site construction tasks are subject to prevailing wage requirements. • Staking is proposed on a “one time” basis. Other contractors and subcontractors are to protect all stakes until the staked facility has been completed, and the stake is no longer required. Control points shall be protected throughout the project. Any replacement of lost or obliterated stakes will be considered re-staking and billed in accordance with Stantec’s standard schedule of fees. • The Contractor or Subcontractors will be utilizing machine control for grading work. • Stantec estimates (8) trips/mobs to the site to complete our staking scope of work. Additional trips will be billed in accordance with the Stantec’s standard schedule of fees. • The project disturbance area is assumed to be less than 1-acre. • City permits and fees are not included. November 24, 2025 Karli Wittner Page 3 of 3 Reference: Compensation and Schedule Our construction phase services scope of work is anticipated to start in the Fall of 2025 and continue through construction completion in Fall of 2026, following notice to proceed from the City. Due to our proximity to the site, we expect to be able to respond quickly to all construction staking requests however a 48–72-hour notice (not including weekends or holidays) is requested to allow us to efficiently schedule survey crews. The fee estimate below has been prepared on a time and materials basis, per the standard terms and conditions contract with the City and will not exceed the amount indicated without prior authorization from the City. TASK TOTALS No. Description HOURS LABOR EXPENSES FEE 1 Project Management and Meetings 76 $ 12,744 $ 400 $ 13,144 2 Construction Administration and Observation 114 $ 17,738 $ 250 $ 17,988 3 Construction Staking/Survey 82 $ 15,209 $ 1,950 $ 17,159 4 Record Plans 19 $ 3,303 $ 240 $ 3,543 Total 291 $ 48,994 $ 2,840 $ 51,834 On behalf of Stantec, thank you for the opportunity to prepare this proposal. Should you have any questions or need clarification on the items outlined in this proposal, please do not hesitate to contact us. Best regards, STANTEC CONSULTING SERVICES INC. Sarah Harding PLA Senior Landscape Architect Phone: (763) 252 6819 sarah.harding@stantec.com Attachment: Rate Table ATTACHMENT – STANDARD RATE TABLE 2026-0 HOURLY RATES Stantec Billing Level 2026 Hourly Rate* 3 $111 4 $119 5 $131 6 $135 7 $145 8 $152 9 $161 10 $170 11 $179 12 $183 13 $197 14 $208 15 $230 16 $256 17 $270 18 $276 19 $296 20 $308 21 $324 *Rates subject to annual increase. OTHER EXPENSES / MATERIALS Stantec’s standard mark-up on expenses is 10%. Unless prescribed differently within the proposal or other contract paperwork, this mark-up is used in all areas as indicated below: • Sub-Consultants • Subcontracted Commodity Services e.g., analytical laboratory services, drilling contractors, etc. • Meals and Lodging May be billed at cost or daily per diem. If applicable, per diem rates will be those set by the U.S. General Services Administration (https://www.gsa.gov). • Vehicle and Equipment Rentals Not owned by Stantec. • External Equipment and Supplies. e.g., delivery charges, outside copying/reproduction, leased/rented field equipment, etc. Company-owned equipment will be billed on unit rate basis (e.g., daily; weekly); the expense markup does not apply to these rates. For Stantec owned vehicle, a combination of daily vehicle or milage rates are used depending on the type of work and/or contract. A separate Stantec Equipment Rate Schedule* is available upon request. City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.S. Department: Community Development/Housing & Community Services Julie Kima/Paja Xiong ITEM DESCRIPTION Recommendations for Funding Social Services Providers for 2026-2027. REQUESTED ACTION Move to: Approve funding recommendations made by the Human Services Review Committee for social service providers for 2026 and 2027. SUMMARY The Human Services Review Committee comprised of staff from Fire, Police, Park & Rec, Community Services and Community Development made the funding recommendations listed below based on the review of written proposals and past performance by social service providers. Program 2020-2021 Funding 2022-2023 Funding 2024-2025 Funding 2026-2027 Request 2026-2027 HSRC Recommendations Bloomington Eden Prairie Meals on Wheels $10,000.00 $6,000.00 $4,000.00 $2,000.00 $1,000.00 EP Schools Early Childhood Programs $30,000.00 $31,000.00 $33,000.00 $65,000.00 $30,000.00 Homeline $13,000.00 $14,650.00 $19,000.00 $25,920.00 $21,000.00 MoveFWD $25,000.00 $25,000.00 $15,000.00 $26,000.00 $16,000.00 myHealth Teens & Young Adults1 No Request No Request No Request $19,360.00 $8,000.00 Onward Eden Prairie $15,000.00 $15,000.00 $17,000.00 $20,000.00 $15,000.00 PROP $74,000.00 $75,000.00 $83,000.00 $126,000.00 $88,000.00 Relate Counseling Services No Request $20,000.00 $25,000.00 $30,000.00 $23,000.00 Senior Community Services $73,000.00 $75,000.00 77,000.00 79,600.00 $79,000.00 YMCA of the North $20,000.00 $24,000.00 $24,000.00 $24,000.00 $23,000.00 Emerging Needs 2026 $760.00 $4,000.00 $1,958.00 No Request $232.00 Emerging Needs 2027 $760.00 $4,000.00 $1,958.00 No Request $1,754.00 Total $261,520.00 $295,650.00 $300,916.00 $447,880.00 $304,000.00 1 New Applicant ATTACHMENTS None City Council Agenda Cover Memo Date: Jan. 6, 2025 Section: Consent Calendar Item Number: VII.T. Department: Fire Department ITEM DESCRIPTION Contract approval for RAVE Alerting System for the city-wide alerting services. REQUESTED ACTION Approve a contract for RAVE System Alerting services. This is a 3-year agreement. SUMMARY RAVE Alert is the leading authorized mass notification system in the region which enables the City to quickly and reliably send messages related to public safety events via text, email or telephone (cellular/hard wire) systems to the public and to City employees. Participants must opt into the service. ATTACHMENTS Agreement RENEWAL AGREEMENT RAVE Mobile Safety This Renewal Agreement, including the attached Exhibits (“Agreement”), is entered into on January 6, 2026 (“Effective Date”), by and between Rave Wireless, Inc., a Massachusetts corporation, d/b/a Rave Mobile Safety (“Rave”) and the City of Eden Prairie, a Minnesota municipal corporation (“City” or “Customer”). Each party to the Agreement is referred to as a “Party” and the parties, collectively, are referred to as “Parties.” Recitals A. By Order form dated December 16, 2020, City purchased certain public safety alert software and related professional services (the “Services”) from Rave (the “Order Form”). B. The Order Form incorporates Rave’s Master License and Services Agreement, found at: RAVE_Master_License_and_Services_Agreement_V9_Clean_2022.11 (the “Master Agreement”). C. The Order Form expired on December 31, 2025 and the Parties wish to renew the Services on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Rave shall provide the goods and services described in the Renewal Quote dated July 31, 2025, attached hereto as Exhibit A (the “Services”). 2. The Term of the Agreement is extended to commence on January 1, 2026 and expire on December 31, 2028. 3. The City will pay Rave $13,056.00 per year for the Services, for a total of $39,168.00. 4. The terms of the Master Agreement are incorporated into and made a part of this Agreement, subject to the following modifications: a. Section 6.3 of the Master Agreement is amended to read as follows: 6.3 Limitation of Liability. IN NO EVENT SHALL EITHER PARTY OR, IN RAVE’S CASE, ITS REPRESENTATIVE, BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, 2 LOST PROFITS, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. Notwithstanding anything herein to the contrary, the cumulative liability of either Party to the other and any third party for any claim arising from or relating to this Agreement and/or the operation or use of the Services and Products shall not exceed the total amount of all Fees paid to Rave by Customer hereunder during the twelve (12)-month period immediately prior to the event, act or omission giving rise to such liability, unless the action or claim arises or results from a Party’s negligence or intentional misconduct. The warranty disclaimers and exclusions and limitations of liability in this Section 6 are intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective and form an essential basis of the bargain between the Parties. Absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different. b. Section 9.1 of the Master Agreement is amended to read as follows: 9.1 Applicable Law/Dispute Resolution. This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with, and shall be governed by, the laws of the State of Minnesota without giving effect to its rules regarding conflicts of laws. The Parties agree that any disputes regarding this Agreement that cannot be resolved through negotiations between the designated representatives from each Party within thirty (30) days of the date the dispute arose will first be submitted to mediation in Hennepin County, Minnesota with mediator costs split equally between the parties. Any dispute not resolved through mediation shall be subject to litigation in state or federal court located in Hennepin County, Minnesota. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 5. The following new provisions are added to the Master Agreement: 9.16 Insurance. Prior to providing products or services under this Agreement, Rave shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Rave 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, coverages and limits of liability specified in this Paragraph, or required by law: 3 (a) Rave shall maintain a commercial general liability insurance policy with limits of $1,000,000 each occurrence and $2,000,0000 aggregate, for both bodily injury and property damage. (b) Rave shall maintain a professional liability insurance policy, which includes cyber liability coverage, in the amount of $2,000,000 per claim and annual aggregate. Rave agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. (c) Rave shall pay any retention or deductible for the insurance coverage required herein. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing services to City under this Agreement. 9.17 Data Practices. This Agreement is subject to the Minnesota Government Data Practices 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 Rave in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practices Act and Rave shall comply with those requirements as if it were a government entity. All subcontracts entered into by Rave in relation to this Agreement shall contain similar Data Practices Act compliance language. 9.18 Audit Disclosure. Pursuant to Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of Rave or other parties relevant to this Agreement are subject to examination by City and either the Minnesota Legislative Auditor or the Minnesota State Auditor for a period of six (6) years after the effective date of this Agreement. IN WITNESS THEREOF, the Parties hereto have executed this Agreement as of the dates set forth below. 4 RAVE WIRELESS, INC. By:______________________________ Name: ___________________________ Title: ____________________________ Date: ____________________________ CITY OF EDEN PRAIRIE By: _______________________________ Ronald A. Case, Mayor Date: _____________________________ By: _______________________________ Rick Getschow, City Manager Date: _____________________________ 5 EXHIBIT A Quote dated July 31, 2025 6 RAVE MOBILE SAFETY RENEWAL 492 Old Connecticut Path Framingham, MA 01701 rave.renewals@motorolasolutions.com OPTION B: 3-Year Renewal: January 1, 2026 through December 31, 2028 Rave Voice Add-on Module $0.00 Rave Alert for Public Safety Social Media Integration $0.00 Rave Alert for Public Safety $3,655.68 Conference Blasts $0.00 Rave Alert for Public Safety Procurement per 1,000 phone numbers $0.00 Rave EyeWitness $0.00 Inbound 800 Service $0.00 Geopolling $0.00 Rave SMS to Opt-in for Public Safety $0.00 Rave Alert for Public Safety Loaded Landlines $0.00 Population Add-On $9,400.32 Annual Cost: $13,056.00 Total Contract Value: (To be paid in the amount of $13,056.00 per year) $39,168.00 Renewal Quote does not include Sales Tax, if applicable. RENEWAL QUOTE Date: July 31, 2025 Quote # Q-56804 City of Eden Prairie, MN 14800 Scenic Heights Rd Eden Prairie, Minnesota 55344 United States City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.U. Department: Public Works/Engineering – Patrick Sejkora ITEM DESCRIPTION Approve construction contract agreement with JC Hallet Construction, LLC for City of Eden Prairie Pond Improvements (Pond 06-21-C) Project. REQUESTED ACTION Move to: Award Contract for the City of Eden Prairie Pond Improvements (Pond 06-21-C) Project to JC Hallet Construction, LLC. SUMMARY Seven bids were received on Monday, December 29, 2025. The engineer’s estimate and bids received are summarized below: • JC Hallet Construction, LLC $91,033.50 • Johnson Companies, LLC $119,497.00 • G&M Outdoor Services, LLC $121,459.69 • Krueger Excavating, Inc. $126,381.50 • New Look Contracting, Inc. $128,948.00 • Winberg Companies $134,284.51 • Ashwill Companies $160,942.00 • Engineer’s Estimate $131,900.00 Staff recommends awarding the contract for the project to JC Hallet Construction, LLC. Pond 06-21-C is a constructed sediment forebay near Chennault Way that is intended to prevent stormwater pollutants from the City’s storm sewer system from reaching Purgatory Creek. The forebay has reached a sediment level that requires maintenance. This project will remove approximately 1,500 cubic yards of accumulated material from the basin. Removing accumulated material from basins, also known as dredging, is an annual project identified in the Capital Improvement Plan and is vital to the City’s maintenance of its storm sewer system. The project is funded by the Stormwater Utility Fund. ATTACHMENT Attach 1 – Construction Contract Agreement Attach 2 – Letter of Recommendation 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 6th day of January 2026, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and JC Hallet Construction, LLC, 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: IC: 25812 - City of Eden Prairie Pond Improvements (Pond 06-21-C) 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 $91,033.50. 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 (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 may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 December 29, 2025 Honorable Mayor and City Council City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55344 Re: City of Eden Prairie Pond Improvements (Pond 6-21-C) Stantec Project No. 227708380 Bid Results Dear Honorable Mayor and City Council: A total of seven (7) bids were received and opened for the Project stated above on December 29, 2025. The following summarizes the results of the Bids received: Contractor Total Base Bid Low JC Hallet Construction, LLC $91,033.50 #2 Johnson Companies, LLC $119,497.00 #3 G&M Outdoor Services, LLC $121,459.69 #4 Krueger Excavating, Inc. $126,381.50 #5 New Look Contracting, Inc. $128,948.00 #6 Winberg Companies $134,284.51 #7 Ashwill Companies $160,942.00 The low Bidder on the Project was JC Hallet Construction, LLC with a Total Base Bid Amount of $91,033.50. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then JC Hallet Construction, LLC should be awarded the Project on the Total Base Bid in the Amount of $91,033.50. Should you have any questions, please feel free to contact me at (952) 838-5661. Sincerely, STANTEC CONSULTING SERVICES INC. Nick Wyers, PE City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.V. Department: Public Works/Engineering – Patrick Sejkora, Water Resources Engineer ITEM DESCRIPTION Approve Professional Services Agreement with Short Elliot Hendrickson, Inc. for Design of the Watermain Rehabilitation Project. REQUESTED ACTION Move to: Approve Professional Services Agreement with Short Elliot Hendrickson, Inc. for the Watermain Rehabilitation Project in the amount of $53,834.00. SUMMARY This project will include design to rehabilitate two areas where the City watermain has had multiple breaks requiring emergency repairs. One area includes Quebec Circle, Vancouver Road, Ontario Boulevard, and Manitoba Road. The second area is a length of watermain that runs largely parallel to Flying Cloud Drive between Regional Center Drive and Prairie Center Drive. The proposed project is a cured in place pipe (CIPP) rehabilitation for approximately 3,700 feet of watermain. A CIPP repair is a trenchless pipe rehabilitation process that reduces disturbance for adjacent properties in comparison to an open cut pipe replacement. The project will also replace aging hydrants within the project area. ATTACHMENT Professional Services Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this 6th day of January, 2026, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliot Hendrickson, Inc., a Minnesota Corporation (hereinafter “Consultant”) whose business address is 3535 Vadnais Center Dr, St Paul, MN 55110. 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 IC 26806 Watermain Rehabilitation 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 (Proposal dated December 19, 2025) 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 January 6, 2026 through June 30, 2026 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 $53,834.00 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 Page 2 of 10 (rev. 6/2024) 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 Page 3 of 10 (rev. 6/2024) 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. By making the claim for payment, the person making the claim is declaring that the 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. Consistent with 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 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. Page 4 of 10 (rev. 6/2024) 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 Aggregate Page 5 of 10 (rev. 6/2024) $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 per claim and annual aggregate. 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 and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under Page 6 of 10 (rev. 6/2024) this Agreement. The Professional Liability policy shall insure the 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 (rev. 6/2024) 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. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. 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 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 provided to the other party. No Page 8 of 10 (rev. 6/2024) 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, neither party shall 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 (rev. 6/2024) 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. All services not expressly required to be provided by Consultant under this Agreement are expressly excluded from this Agreement. 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. Page 10 of 10 (rev. 6/2024) 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, 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. This provision will survive the completion or termination 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 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 MGDPA 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 MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 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 (rev. 6/2024) EXHIBIT A Quote/Proposal/Scope of Services City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.W. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Authorize purchase of four rectangular rapid flashing beacon (RRFB) systems using the Traffic Signals and Transportation Funds. REQUESTED ACTION Move to: Authorize purchase of four rectangular repaid flashing beacon (RRFB) systems from Traffic and Parking Control Co., Inc., (TAPCO) for $51,245.22 using the Traffic Signals and Transportation Funds. SUMMARY The Public Works Department began installing RRFB systems at appropriate pedestrian crossing locations in 2025 and desires to continue installing two or more a year as labor resources allow. Locations are selected based on the City’s Pedestrian Crossing Treatment Guidelines and are prioritized by City Engineering staff. Installations of RRFB systems are completed in-house by Streets Division staff. The City of Eden Prairie participates in OMNIA Partners Cooperative Purchasing Venture. The two RRFBs will be purchased from TAPCO using CPV rates as identified in OMNIA contract 2020- 200. These costs will be funded by the Traffic Signals and Transportation Funds. ATTACHMENT TAPCO Quote and CPV Contract Page 1 of 2 TRAFFIC CONTROL PRODUCTS AND RELATED PRODUCTS AND SOLUTIONS Executive Summary Lead Agency: Barron County, Wisconsin Solicitation: 2020-200 RFP Issued: September 5, 2019 Pre-Proposal Date: September 23, 2019 Response Due Date: October 24, 2019 Proposals Received: #3 Awarded to: Barron County, Wisconsin issued RFP 2020-200 on September 5, 2019, to establish a national cooperative contract for Traffic Control Products and Related Products and Solutions. The solicitation included cooperative purchasing language in General Information, Section 4. National Contract (RFP, Page 9): NATIONAL CONTRACT Barron County, as the Principal Procurement Agency, defined in Attachment A, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Barron County is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Purchasing Cooperative Agreement, a form of which is attached hereto on ATTACHMENT A, or as otherwise agreed to. ATTACHMENT A contains additional information about OMNIA Partners and the cooperative purchasing program. Page 2 of 2 Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • Barron County website • OMNIA Partners, Public Sector website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star-Advertiser, HI • The Advocate – New Orleans, LA • New Jersey Herald, NJ • Times Union, NY • Daily Journal of Commerce, OR • The State, SC • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT On October 24, 2019 proposals were received from the following offerors: • All Traffic Solutions, Inc. • Rologard Global Company, LLC (late response – was not accepted) • TAPCO (Traffic and Parking Control Co., Inc.) Due to the nature of the responses, only one Offeror submitted on time in addition to meeting all the requirements of the RFP. • TAPCO (Traffic and Parking Control Co., Inc.) Barron County, Wisconsin executed the agreement with a contract effective date of March 1, 2020. Contracts include: Supplier is able to provide its complete line of Traffic Control Products, Related Products, and Solutions including but not limited to: Intelligent Warning Systems (Solar & Wireless) Products; Parking and ITS Solutions; Work Zone Products; Traffic, Pavement Marking and Striping Products; Delineators and Markers; Signing and Digital Sign Marking; Posts, Poles, and Bases; Streetscape Decorative Products; Parks and Recreation Products; Service and Preventative IWS (Intelligent Warning Solutions), Parking and Door Structures and revenue Control Related Maintenance; Related Products, Solutions and Services; Balance of Line/Comprehensive Product Offering. Term: Initial five-year agreement from March 1, 2020 through February 28, 2025 with the option to renew for five (5) additional one-year periods through February 28, 2030. City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Consent Calendar Item Number: VII.X. Department: Information Technology ITEM DESCRIPTION Renew 3-year agreement for VMWare Vsphere – virtual server management. REQUESTED ACTION Move to: Approve the 3-year agreement with Broadcom for VMWare - VSphere license and maintenance for $116,983.62. SUMMARY The City of Eden Prairie uses VMWare Sphere virtualization platform for management of virtual server environment. Following the acquisition of VMWare by Broadcom, the annual maintenance cost for Vsphere has increased multifold. The IT Division has reviewed other solutions this year including hosting at Logis, and products including Nutanix and VergeIO. Based on the additional costs of setting up a new hypervisor environment and comparing that with the reliability with the existing solution, the IT division recommends renewing a 3-year agreement with Broadcom for VSphere for an annual cost of $38,994.54 and continue to evaluate options as they evolve. ATTACHMENTS SHI Quote   Pricing Proposal Quotation #:  26999361 Created On:  12/23/2025 Valid Until:  1/16/2026   MN-City of Eden Prairie  Inside Account Manager   Aditi Salunke 8080 MITCHELL ROAD ATTN: ACCOUNTS PAYABLE EDEN PRAIRIE, MN 55344 United States Phone: 952-949-8520 Fax:  Email:    Brett Coleman 290 Davidson Ave  Somerset, NJ 08873 Phone: 732-564-8296 Fax: Email:brett_coleman@shi.com All Prices are in US Dollar (USD)   Product Qty Your Price Total   1 VMware Cloud Foundation     VMware - Part#: VCF-CLD-FND-A     Contract Name: Sourcewell- Technology Products & Solutions     Contract #: 121923-SHI     Coverage Term: 12/28/2025 – 12/27/2026     Note: ESD; 12 month term // Year 1 1 $38,994.54 $38,994.54   2 VMware Cloud Foundation     VMware - Part#: VCF-CLD-FND-A     Contract Name: Sourcewell- Technology Products & Solutions     Contract #: 121923-SHI     Coverage Term: 12/28/2026 – 12/27/2027     Note: ESD; 12 month term // Year 2 1 $38,994.54 $38,994.54   3 VMware Cloud Foundation     VMware - Part#: VCF-CLD-FND-A     Contract Name: Sourcewell- Technology Products & Solutions     Contract #: 121923-SHI     Coverage Term: 12/28/2027 – 12/27/2028     Note: ESD; 12 month term // Year 3 1 $38,994.54 $38,994.54   Subtotal $116,983.62 Total $116,983.62 Additional Comments Please note the following: 1) VMware EULA https://docs.broadcom.com/docs/end-user-agreement-english 2) VMware Does Not offer a standard return policy  3) Service offerings are non-refundable. For these products, orders are non-cancellable and non-returnable from point of order. 4) PSO Credits are only active for 1 Year  Please Note, Broadcom product lines have the following reinstatement fee policy: o Effective immediately, late orders will be charged a 25% reinstatement fee. o Every additional week late will result in an incremental 10% fee added  By purchasing year 1, customer commits to the following schedule:  Year 1 Invoice Date: Dec 28, 2025: $38994.54 Year 2 Invoice Date: Dec 28, 2026: $38994.54 Year 3 Invoice Date: Dec 28, 2027: $38994.54 Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Public Hearing Item Number: VIII.A. Department: Community Development / Planning Julie Klima / Sarah Strain ITEM DESCRIPTION Pope Design Group, representing Wings Financial Credit Union, is proposing to construct a 3,271 square foot building in the northwest corner of the Cub Foods parking lot at 8015 Den Road and is requesting site plan approval. The proposed site plan includes a drive-thru for an XTM machine. REQUESTED ACTION Move to: • Close the public hearing, and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Authorize the issuance of an early Land Alteration Permit for Wings Financial Credit Union at the request of the Developer subject to the conditions outlined in the permit. SUMMARY The property is zoned Commercial Regional Services (C-REG-SER) and is guided Regional Commercial in the Comprehensive Guide Plan. The site is just over 9 acres in size. Cub Foods is owned by Jerry’s Foods, not to be confused with the Jerry’s Foods location at 9605 Anderson Lakes Parkway. All City Code requirements are met, and no Planned Unit Development waivers are requested for this Site Plan Review. Site Plan Wings Financial Credit Union is proposing to build a new, 3,271 square foot building in the northwest corner of the Cub Foods parking lot. The building meets or exceeds the building material standards on all façades, being primarily made of brick and glass. There will be one (1) interactive teller machine (XTM) separate from the building. The XTM functions like a traditional ATM but also features video and audio capabilities, allowing customers to conduct full-service banking by speaking with a remote teller. The drive-thru lane accommodates up to three (3) stacked vehicles, exceeding the anticipated peak demand of two (2) vehicles. The property is in the Shoreland Overlay District as it is located within 1,000 feet of Anderson Lake. When the site was developed in the early 1990s, a variance was granted for the site to exceed the 30 percent impervious surface coverage maximum allowed by City Code. The variance is still valid, and the proposed work falls within the impervious surface allowance approved by the variance. The proposed work does not reach the threshold for City stormwater requirements. Parking The site currently has 430 parking stalls, exceeding City Code requirements. The proposed infill development will remove 53 stalls. City Code requires Wings Financial Credit Union to have 17 parking spaces and Cub Foods to have 330 parking spaces based on the proposed uses and building sizes, totaling 347 parking stalls required for the site. The proposed site plan provides 375 parking spaces, exceeding City Code requirements. Resident Comments Prior to the Planning Commission meeting, staff heard from four (4) residents concerned with tree removal along Den Road. The stated concern is the loss of large trees that provide a visual screen of the parking lot. The Wings Credit Union building will provide screening of the parking lot from Den Road. The removed trees are being replaced on a 1-for-1 basis, in accordance with the City’s tree preservation requirements. Some of the residents were also concerned with future traffic circulation. Based on their personal experience in the Jerry’s Foods off Anderson Lakes Parkway, the residents said it can be dangerous or confusing to navigate Jerry’s Foods parking lot and are concerned that similar infill in another grocery store parking lot will also have circulation problems. Staff has reviewed the traffic memo and does not anticipate traffic issues with the proposed Wings development. Planning Commission Review and Recommendation At their December 8, 2025 meeting, the Planning Commission voted 9-0 to recommend that the City Council approve the project. The recommendation of approval was conditioned upon the applicant revising the plans to include an ADA compliant pedestrian pathway in the parking lot connecting the Cub Food building to the Wings Building and existing sidewalk on Den Road and ensuring all new parking lot islands meet the minimum requirements. Additional information regarding the Cross Access, Parking, and Utility Easement between Cub Foods and Wings Credit Union and the Stormwater Report was also requested. The revisions have been made to staff’s satisfaction, and the requested information has been provided, satisfying the recommended conditions of the Planning Commission. The 120-day review period expires on February 20, 2026. ATTACHMENTS Planning Commission Staff Report Unapproved Planning Commission Minutes Planning Commission Agenda Staff Report Date: December 8, 2025 Location: 8015 Den Road Subject: Wings Federal Credit Union (Project #2025-10) From: Sarah Strain, Planner II Applicant: Pope Design Group Review period expires: February 20, 2026 ITEM DESCRIPTION Pope Design Group, representing Wings Federal Credit Union, is proposing to construct a 3,271 square foot building in the northwest corner of the Cub Foods parking lot at 8015 Den Road. The proposed site plan includes a drive-thru for an XTM machine. REQUESTED ACTIONS • Site Plan Review on 9.08 acres BACKGROUND COMPREHENSIVE PLAN AND ZONING The property is zoned Commercial Regional Services (C-REG-SER) and is guided Regional Commercial in the Comprehensive Guide Plan. A credit union is a permitted commercial use. The property is also part of the Shoreland Overlay District as it is located within 1,000 feet of Anderson Lake. SITE PLAN 8015 Den Road is surrounded by commercial uses to the north and west, office uses across both Prairie Center Drive and W 78th Street, and Eden Prairie Center to the south. Wings Federal Credit Union is proposing to build a new, 3,271 square foot building in the northwest corner of the Cub Foods parking lot. There will be 13 parking stalls oriented to directly support the credit union. There will be one (1) interactive teller machine (XTM) separate from the main Staff Report – Wings Federal Credit Union December 8, 2025 Page 2 building. The XTM functions similar to a traditional ATM but also features video and audio capabilities, allowing customers to conduct full-service banking by speaking directly with a teller based at the Wings Credit Union location in Apple Valley. The drive-thru lane accommodates up to three (3) stacked vehicles, which exceeds the anticipated peak demand of two (2) vehicles. The XTM video and audio capabilities will be available 12 hours a day, and the ATM feature will be available 24 hours a day. The proposed site plan complies with all zoning and performance standards. ACCESS AND STREET CONNECTIONS The site, which includes the Cub Foods, has two (2) driveway accesses on Den Road for customers. Another access on W. 78th Street is for delivery vehicles only. There are no proposed changes to the driveway access points. A sidewalk connection will be installed to connect the existing sidewalk along Den Road to the Wings Credit Union building. TRAFFIC STUDY A traffic impact memo was prepared to determine the impact of the new Wings building on traffic patterns in the area. The memo found the proposed development will have minimal impact on traffic levels on Den Road and nearby intersections. The XTM offers services from a bank teller for 12 hours a day, compared to the typical eight (8) hours of a bank drive-thru. This allows trips to be spread throughout the day, decreasing peak time trip demands. The memo also noted that Wings and Cub Foods have differing peak times. Cub Foods experiences more traffic on weekend days, while Wings Credit Union is open on Saturday mornings only. ATM features will still be available on weekend days. PARKING The site currently has 430 parking stalls, exceeding City Code requirements. The proposed infill development will remove 53 stalls. City Code requires Wings Federal Credit Union to have 17 parking spaces and Cub Foods to have 330 parking spaces based on the proposed uses and building sizes, totaling 347 parking stalls required for the site. The proposed site plan provides 377 parking spaces, exceeding City Code requirements. As part of the site work, parking lot islands will be installed along the northern and western rows of parking to further align the site with City Code requirements for parking lot islands. Prior to the public hearing at City Council, the applicant will confirm all new parking islands meet the size requirements outlined in City Code. SIDEWALKS AND TRAILS There is an existing sidewalk along Den Road. The applicant will be installing a sidewalk connection from the sidewalk on Den Road into the site to connect to Wings Federal Credit Union. An ADA compliant marked pedestrian pathway will be added in the parking lot to provide a clear pedestrian path to the front of Cub Foods. While this site feature is not shown on the Site Plan sheet, it is included in the Curb Island Plan and has been part of ongoing conversations between staff and the applicant. Prior to the 1st City Council meeting, the pedestrian pathway in the parking lot connecting Cub Food to Wings Federal Credit Union and existing sidewalk on Den Road will need to be provided on all plan sheets. Staff Report – Wings Federal Credit Union December 8, 2025 Page 3 BUILDING ARCHITECTURE AND MATERIALS The proposed building meets the architectural standards for material variety and meets or exceeds the Class I/Class II materials ratio on all façades. The majority of the building is glass. The glass above the door/first floor height will be tinted grey. The glass at the ground floor level will be transparent to meet Code requirements for transparency and provide connection to the surrounding area. A column on the west side of the building will be metal and colored blue to match the Wings branding. The sign is proposed to be located below the roofline, as rooftop signs are prohibited in City Code. SHORELAND The property is in the Shoreland Overlay District as it is located within 1,000 feet of Anderson Lake. When the site was originally developed in the early 1990s, a variance was granted to exceed the 30 percent impervious surface coverage maximum allowed by City Code. The variance is still valid, and the proposed work falls within the impervious surface allowance approved by the variance. This project will be decreasing the amount of impervious surface on the site by approximately 4,000 square feet by installing additional parking lot islands throughout the site. DRAINAGE/STORMWATER MANAGEMENT The site is in the Riley Purgatory Bluff Creek Watershed District and will require permitting and approval from the Watershed District. To meet these requirements, chambers will be installed underneath the parking lot and drive lanes near the Wings building. The site is disturbing less than one (1) acre of land, so City stormwater management rules do not apply to this project. Staff reviewed stormwater related materials and plans for informational purposes. UTILITIES The Wings building will connect to sewer and water through connections available in Den Road. There is sufficient capacity to support the proposed use. Staff Report – Wings Federal Credit Union December 8, 2025 Page 4 TREE LOSS AND GRADING The applicant is proposing to remove six (6) trees along Den Road, south of the northern driveway entrance to the site. The removal of these trees is needed to provide sufficient space to install the building foundation, sewer lines, and other utility infrastructure. The removals are also needed to accommodate site improvements, including a new pedestrian sidewalk connection from Den Road to both Wings Credit Union and Cub Foods as well as bicycle parking. These trees were planted as part of the Cub Foods original site plan to meet code requirements. In accordance with the City's tree preservation requirements, each removed tree will be replaced with one (1) new tree onsite. LANDSCAPING AND TREE REPLACEMENT PLAN City Code requires commercial and industrial buildings taller than 20 feet to double the landscaping requirement from the Code required formula to offset the mass of the building. The proposed building height exceeds 20 feet, meaning 20.4 caliper inches of landscaping are required in addition to tree replacement. The proposed landscaping and tree replacement plan meet City Code requirements. SUSTAINABILITY The project is not required to meet the Sustainable Building Standards. However, the building will provide sustainable features such as, utilizing Energy Star rated appliances in the breakroom and waiting area, LED fixtures, and recycling services. The tinted glass on the upper portions of the building will also offer heating and cooling efficiency. SIGNS The architectural plans provide details on the wall and freestanding signs proposed for Wings Federal Credit Union. The proposed signage as depicted meets City Code requirements for commercial zoned properties. Signs will require sign permit and building permit review. Code compliance will be confirmed at the time of permitting. OTHER AGENCY OR MUNICIPALITY COMMENTS To date, no outside agencies or municipalities have provided comment on the proposed site plan. NEIGHBORHOOD MEETING AND RESIDENT INPUT To date, staff has heard from four (4) residents concerned with tree removal along Den Road. The concern is the loss of large trees that provide a visual screen of the parking lot. The Wings Credit Union building will provide screening of the parking lot from Den Road. The removed trees are being replaced on a 1-for-1 basis, in accordance with the City’s tree preservation requirements. Some of the residents were also concerned with future traffic circulation. Two (2) residents shared that they live near Jerry’s Foods, which has recently seen infill development in the parking lot. Jerry’s Foods is located at 9605 Anderson Lakes Parkway. The site has approximately the same acreage as the Cub Foods site and contains a grocery store with an attached retail center and two (2) separate restaurant/retail buildings, each with their own drive-thru. The residents shared it can be dangerous or confusing to navigate Jerry’s Foods parking lot and are concerned Staff Report – Wings Federal Credit Union December 8, 2025 Page 5 that similar infill development in another grocery store parking lot will also have circulation problems. Staff has reviewed the traffic memo and does not anticipate circulation or traffic issues with the proposed Wings development. Banks typically have lower traffic volumes than retail and food services, and the Cub Foods site has fewer retailers and restaurants than the Jerry’s Foods site. Further, the new parking lot islands installed as part of this project will help guide traffic through the parking lot. STAFF RECOMMENDATION Staff recommends approval of the Site Plan Review on 9.08 acres based on the plans dated November 17, 2025, the December 8, 2025 staff report, and the following conditions of approval. CONDITIONS OF APPROVAL 1. Prior to the 1st reading by the City Council, the applicant must: A. Include the ADA compliant pedestrian pathway in the parking lot connecting the Cub Food building to the Wings Building and existing sidewalk on Den Road on all plan sheets. B. Ensure all new parking lot islands meet the minimum requirements in City Code. C. Provide a Cross Access, Parking, and Utility Easement document over the private driveways, parking areas, and infrastructure located on the Property that provides cross access, shared parking, and utility access between the two businesses. D. Provide a copy of the Stormwater Report for informational purposes. 2. Prior to land alteration permit issuance, the applicant must: A. Obtain permits and approvals from other agencies as needed. B. Obtain City approval of a final grading and drainage plan for the property. C. Submit construction plans and project specifications for public infrastructure for review and approval by the City Engineer. D. Submit detailed utility and erosion control plans for review and approval by the City Engineer. E. Obtain and provide documentation of Watershed District approval. F. Notify the City and Watershed District 48 hours in advance of grading. G. Provide a construction grading limits and tree protection plan for review and approval by the City. H. Install erosion control at the grading limits of the property for review and approval by the City. I. Install fencing at the construction grading limits and tree protection areas as shown on the approved plans. J. Submit and receive written approval of an executed landscape agreement. K. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping. L. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. M. Provide proof that the Inspection and Maintenance Agreement for Private Stormwater Facilities has been recorded. Staff Report – Wings Federal Credit Union December 8, 2025 Page 6 3. Prior to building permit issuance for the property, the applicant must: A. Provide proof that the Cross Access, Parking, and Utility Easement has been recorded. 4. Prior to issuance of an Occupancy Permit, the applicant must: A. Complete implementation of the lighting plan in Exhibit B. B. Complete construction of mechanical equipment screening. C. Complete implementation of the approved exterior materials and colors plan. Unapproved Minutes Eden Prairie Planning Commission Meeting 7 p.m. Monday, December 8, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Commission Members: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Patrick Sejkora, Water Resources Engineer; Kristin Harley, Recording Secretary MEETING AGENDA I. Call the Meeting to Order Chair Pieper called the meeting to order at 7 p.m. All commission Members were present. II. Pledge of Allegiance III. Approval of Agenda MOTION: Duncan moved, seconded by Taylor, to approve the agenda. Motion carried 9-0. IV. Minutes A. Planning Commission meeting held Monday, November 17, 2025 MOTION: Taylor moved, seconded by Kirk, to approve the minutes of the Planning Commission Tuesday, November 17, 2025. Motion carried 9-0. V. Public Hearings A. Wings Financial Credit Union (2025-10) • Site Plan Review on 9.08 acres Hans Schmidt, architect with Pope Design Group, displayed slides and detailed the application. He introduced the Wings Financial Credit Union and described its history in Eden Prairie, a breakdown of age ranges of clients, and the proposal. The application requested the construction of a 3,271 square foot building in the PLANNING COMMISSION MEETING MINUTES December 8, 2025 Page 2 northwest corner of the Cub Foods parking lot at 8015 Den Road. Similar designs had been successful elsewhere. No existing accesses would be changed, but utilized and improved. Wings had a land lease agreement with Jerry’s foods (owner of the subject property), and the existing parcel would not be subdivided. A new PID will be created through a CIC process. The project will be privately funded. The Wings branch would be ready for construction upon approval, with occupancy during the summer of 2026. The property was zoned Regional Service Commercial and the land use as Regional Commercial and was not in a flood plain or wetland area and had no archeological or cultural significance. The new Eden Prairie branch would have a state of art four-sided architecture utilizing Class One materials. There would be extended hours for live teller drive plus a full-service branch. The building design was adapted to complement Cub Foods and meeting the requirements of the City Ordinance. This would result in a reduction of impervious area while meeting parking requirements. The single lane interactive teller machine would accommodate up to three stacked vehicles, exceeding the anticipated peak demand of two vehicles. The XTM would function like a traditional ATM but also provide video and audio connections to a teller in Apple Valley and would be available 12 hours daily, compared to 8 hours for traditional teller service. The ATM would of course be available 24/7. This system distributed services more evenly throughout the day and evening, rather than concentrating them during working hours. There would be shared parking with Cub Foods, seven stalls immediately adjacent to the branch building, including two being accessible, and a bike rack plus improved pedestrian access. The project required the removal of six trees onsite to accommodate the building and provide renewed growth from a landscape perspective. The development would replant more trees than the number being removed. The pilon sign would be located to the side as a signature element, since overhead signs were prohibited. Schmidt showed the examples of the similar Maple Grove, Northfield, Baxter and Rochester branches. With the XTM lane located perpendicular to the flow of traffic, there would be little car stacking. A study on current XTM usage showed an average transaction time of 2.5 to three minutes, average daily transactions were 61, with two to five transactions per hour. Pieper asked for and received clarification that Jerry’s Foods owned Cub Foods. Taylor asked for and received confirmation that other locations had been considered, including the parking lot at the Mall and at Best Buy. Duncan asked for times of XTMs verses ATMs. Tom Schuenke, Vice President of PLANNING COMMISSION MEETING MINUTES December 8, 2025 Page 3 Wings Real Estate, replied customers could complete more transactions much more quickly with an XTM. Drive up services were on the downswing. Farr stated he was concerned about queuing and stacking into the drive aisle for Cub Foods and suggested the entire XTM island could be rotated 180 degrees to allow all customers to enter west to east instead of east to west and facing north away from the winter sun. Schmidt replied several scenarios were explored, and stated this configuration for several reasons: drivers leaving the ATM were often distracted which was a potential hazard going immediately into a major artery; flipping the design would significantly increase traffic through the parking lot, requiring a U-turn; with the ages of people conducting business in this area, he wished to keep the parking lot’s congestion down. Farr countered the traffic could go through the south loop in a clockwise direction to reach the island. Schmidt offered to correspond offline on this issue. Farr commended the design and asked what had happened to the horizontal sunshade louvers. Schuenke replied they had been removed in favor of tinted film glass. The blue shade came from the interior LED lighting. Taylor asked for and received confirmation the XTMs allowed pedestrian walk- ups, although Schenke said he had never seen an example of this. Barnhart presented the staff report. The project met all design and zoning standards, and there were no waivers, as there had been when it was originally developed. The impervious surface would be reduced by 4,000 square feet and the design would use the existing circulation network and accesses. The parking plan exceeded requirements. Staff had received comments from area residents regarding the loss of trees: tree loss was unavoidable due to utility and building construction, the trees installed were not for specific screening requirements the trees were not installed at the original development for screening and had to be lost due to utility installation. The trees replaced would be adjacent to the building and the parking lot. Other comments staff received expressed concerns with internal circulation based on experiences with the other Jerry’s parking lot with the Chipotle and the Starbucks on Hennepin Town Road. Staff is confident that the parking lot plan will help direct traffic through the parking lot. There would be a pedestrian pathway sidewalk along Den Road and Cub Foods. This was similar to the Lunds and Byerly’s projects when Culver’s was added and to the other Jerry’s Foods development. Minor tweaks needed were outlined in the staff report. The access pathway concern was included as part of the recommended motion to be addressed by City Council. Staff recommended approval subject to the conditions outlined in the staff report. PLANNING COMMISSION MEETING MINUTES December 8, 2025 Page 4 Duncan asked why sustainability standards were not required. Barnhart replied they were only required for developments requesting a PUD and over 10,000 square feet, but staff always encouraged developers to add them. Duncan commended the landscape design. She asked why the variance was allowed to stay with the site plan. Barnhart replied a variance applies to the lot, not to the applicant. Also, this applicant was decreasing impervious surface so that variance did not even apply. Farr stated he did not see the six trees slated for removal in the landscape plan and asked what kind they were. Barnhart replied there were spruce and deciduous trees included. Bourne stated these were crab apples, locust/maple and pines, which would be replaced with similar species. Farr asked if staff would support having a dialogue with the applicant on rotating the circulation. Barnhart replied a motion to flip the pathway be explored further before the application went before the City Council, but the commission should try to avoid redesigning the site. Taylor asked Farr to clarify his concern. Farr stated if there was a stacking of more than two cars it could block the access to Cub Foods and felt the flip would solve a few problems at the same time with no downside. Taylor asked for and received clarification this would move the XTM to the east side of Dell Lane. Barnhart suggested the commission agree on a concern rather than on a solution. Kirk stated he shared Farr’s concern and commended the expertise on this commission to recommend ideas but also agreed it was the applicant’s job to make any redesign. He saw both points of view (Farr’s and the applicant’s). Duncan asked for the City Engineer’s opinion, and Schultze replied he had tried the 180 rotation himself with the applicant. The egress into a major artery was the applicant’s concern then as well. There was a curb that separated the XTM land from the other lane requiring a U-turn and creating more traffic in the space, with cars potentially backing up into each other. He understood Farr’s point, but he was not so concerned with the stacking. In addition, the expected speeds were less than 30 miles an hour. The flipped design could force more cars into that space. In response to Duncan’s question about a stacked fourth car he stated there could be a two-minute wait for a fourth car, should that happen, which would not be detrimental to the flow of traffic. MOTION: Duncan moved, seconded by Kirk, to close the public hearing. Motion carried 9-0. Farr stated the concern regarding stacking and the suggested rotation of the XTM location would be reflected in the minutes, with staff aware of it as well, and this did not have to be discussed further. Kirk agreed. PLANNING COMMISSION MEETING MINUTES December 8, 2025 Page 5 MOTION: Kirk moved, seconded by Sherwood, to recommend approval for the Site Plan Review on 9.08 acres as recommended by staff as represented in the December 8, 2025 staff report Motion carried 9-0. VI. Reports A. Planners report B. Members’ reports VII. Adjournment MOTION: Taylor moved, seconded by Weber, to adjourn the meeting. Motion carried 9-0. Chair Pieper adjourned the meeting at 7:37 p.m. City Council Agenda Cover Memo Date: January 6, 2026 Section: Public Hearing Item Number: VIII.B. Department: Community Development/Planning Beth Novak-Krebs, Senior Planner ITEM DESCRIPTION The applicant is requesting approval to add a 552 square foot addition onto the existing building in the southeast corner of the Prairie Village Shopping Center, in support of a proposed Daves Hot Chicken restaurant. The proposed restaurant is 2,016 sq ft, and a veterinarian clinic currently occupies 5,868 sq ft of the existing 7,884 square foot building. The addition is for a 3-season outdoor dining area off the west side of the building. The proposal does not include a drive- through. The addition will extend into 3 of the existing parking stalls on the west side of the building. Along with the site modifications, the applicant is proposing a lot line adjustment to increase the size of the current lot to include the addition. REQUESTED ACTIONS Move to: • Close the Public Hearing, and, • Direct Staff to prepare a Development Agreement for Prairie Village SE Building incorporating Staff and Council conditions. SUMMARY The building addition is less than 10% of the gross floor area of the building and complies with Code; therefore, the project is considered a Minor Amendment to the approved Site Plan and only requires review and approval by the City Council. A minor amendment is not reviewed by the Planning Commission. When the building was approved, one of the conditions was that any restaurant use require Site Plan approval from the Council. Staff report – Prairie Village SE Building Page 2 The property is located at 16490 78th St W. The building is part of the overall Prairie Village Shopping Center, but it is located on its own lot in the southeast corner of the shopping center. SITE PLAN The applicant is proposing to occupy approximately 2,016 square feet of space on the west side of the building in the southeast corner of the shopping center and add a 552 square foot 3-season addition off the west side for additional seating. The proposed use does not include a drive through. The proposed addition results in loss of a sidewalk and three existing parking stalls. Prairie Village Shopping Center Project Site Eden Prairie Road Proposed Restaurant Existing Veterinarian Proposed 3-Season Addition Staff report – Prairie Village SE Building Page 3 LOT LINE ADJUSTMENT The lot line adjustment is an Administrative Review requiring staff review and approval rather than a preliminary plat as originally submitted. The lot line adjustment complies with the setbacks approved by a variance in 1993. The applicant is proposing to adjust the north and west lot lines to encompass the parking stalls adjacent to the north side of the building and the addition and parking on the west side of the building. The lot is currently 0.23 acres. The new lot is proposed at 0.36 acres. The site plan approval would be contingent on approval of the lot line adjustment. ACCESS Access to the overall shopping center, including the subject building, is located at the traffic signal at Eden Prairie Road and Wagner Way, a driveway onto Eden Prairie Road approximately 165 feet north of the traffic signal, and Main Street on the west side of the property. Once inside the shopping center property, cars maneuver through a large parking lot. TRAFFIC STUDY A traffic study was conducted to determine if the surrounding road system and Eden Prairie Village parking lot can support the new use on the site. While the primary impetus of the study was to review impact from Dave's Hot Chicken, trips from the adjacent vet clinic were also incorporated. The proposed redevelopment is expected to generate approximately 46 a.m. peak hour, 207 midday peak hour, 134 p.m. peak hour, and 1,543 daily trips. The previous building use as a MedExpress generated 247 daily trips, resulting in a net increase of trips to 1,269 per day. The traffic study concluded that the surrounding roadway network (Eden Prairie Road/County Road 4 and Trunk Highway 5) can accommodate the additional traffic from this development and still operate acceptably. However, the study also found existing traffic operations within the site often result in congestion and can cause backups mainly due to vehicle drop-offs, pedestrian crossings, and the proximity of parking lot lanes to the Eden Prairie Road and Wagner Way intersection. The analysis included review of several days of video footage of the site to review operations. Observations revealed a few concerns that will be addressed with minor changes to the site and adjacent traffic signal timing: • Vehicles entering the site from Eden Prairie Road can be slowed down or stopped when entering due to vehicles using the first drive aisle to the north parking lot. The property owner will convert this aisle to exit-only to address this issue. • Vehicles were observed stopping in front of the Kowalski's entrance mainly to wait for pedestrians to cross or perform a drop-off or pickup. The property owner will install signage and striping to prohibit and mitigate drop-offs or pickups. • Eden Prairie Road/County Road 4 northbound left turn lane into the site experiences a current queue length of about 6 vehicles. Additional trips from the development will increase this to about 8 vehicles. While this will still be within the available storage length of the turn lane, it was noted that typically not all vehicles clear and make it into the site during one green cycle. The study suggested that green time for the northbound left turn lane be extended by a few seconds. City staff communicated this to Hennepin County and MnDOT (who respectively own and operate the signal) and they were agreeable to these changes once the development is complete. Staff report – Prairie Village SE Building Page 4 While a few traffic operation concerns were revealed, the mitigation strategies outlined in the study are expected to be sufficient to address them. The study and subsequent development agreement will include language regarding implementation of an action plan should operations fall below acceptable levels as determined by the City Engineer. Plan elements will be decided at that time but could include rerouting traffic into the site to provide more queuing distance and/or improve free flow of vehicles into the site. PARKING The subject building shares parking with the entire shopping center. Parking for the shopping center complies with City Code requirements. BUILDING ARCHITECTURE AND MATERIALS The current building was designed to be consistent with the design and materials of the larger building in the shopping center. The current building includes predominantly Class I materials on the exterior including brick and glass with a small amount of metal, which is City Code compliant. The building addition consists of large glass windows, and stone around the base to match the existing building. The roof supports are steel, painted a brown color to match the metal coping at the top of the parapet on the existing building. The building along with the addition complies with code requirements. Location of proposed addition Staff report – Prairie Village SE Building Page 5 LANDSCAPING AND TREE REPLACEMENT PLAN The proposed addition requires 2 caliper inches of landscaping. The proposed landscaping meets the minimum requirements. There have been several trees in parking lot islands, along Highway 5 and along Eden Prairie Road that have been removed since 2020. Staff and the property owner are working together to replace trees previously lost. ATTACHMENTS Location Map Prairie Village Southeast Building Location Map Project Site N City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Public Hearing Item Number: VIII.C. Department: Community Development / Planning Julie Klima / Sarah Strain ITEM DESCRIPTION First reading of an ordinance amending City Code Section 11.47 REQUESTED ACTION Close the public hearing and approve first reading of an ordinance amending City Code Section 11.47 relating to site plan reviews SUMMARY City Code Section 11.47, Subd. 4 establishes the site plan review process for building additions, façade improvements, and other site alterations. There currently are three (3) levels of review offered: administrative review, minor review, which is reviewed by City Council only, and full review, which requires public hearings with both Planning Commission and City Council. The proposed amendments to Section 11.47, illustrated in the following table, would allow more code-compliant site improvements and building alterations to be reviewed administratively, aligning Eden Prairie practice closer to that of peer cities. The proposed changes are in green, and current practice is in red. Staff approval Minor Site Plan (No PC) Full Review (PC & CC) Façade Change Class 1 for Class 1 x Façade Change (conforming) x Conforming Parking lot reconfiguration x Conforming Landscaping changes x Parking lot/ landscaping changes with waivers x New Development/ Redevelopment w/ or w/o waivers x Conforming Building Expansions up to 10% GFA Additions between 10- 50% GFA Expansions greater than 50% GFA Building expansions requiring waivers x Lot Combinations x Staff approval Minor Site Plan (No PC) Full Review (PC & CC) Lot Split x Subdivisions (resulting in 3 or more lots) x Lot line Adjustment x Building Demolition up to 10% of GFA greater than 10% of GFA Telecommunications Towers up to 80 feet, towers greater than 80 ft Proposed Changes Current Code GFA = Gross Floor Area Any changes not meeting City Code requirements, needing either a variance or a Planned Unit Development (PUD) waiver, will require public hearings with Planning Commission and City Council as currently outlined in City Code. Any property that does not have a site plan, either due to the age of the property or the full redevelopment of the site, will be required to undergo the full Site Plan Review process to approve a site plan for the site. ATTACHMENTS Ordinance PC Staff Report Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.47 RELATING TO SITE PLAN AND ARCHITECTURAL DESIGN REVIEW PROCESS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.47 is amended by deleting Subdivision 4 in its entirety and replacing it with the following: Subd. 4. Application and Level of Review. A. The owner of property for which approval of a Site Plan and Architectural Design is required by this subdivision may apply for Site Plan and Architectural Design review and approval by filing an application with the City Planner on the form provided by the City Planner and containing the information required by such form accompanied by a Site Plan and Architectural Design, together with such further information as may reasonably be required by the City Planner. The City Planner will determine the level of review required for a new or amended Site Plan and Architectural Design based on the criteria set forth below. The City Planner may determine to refer an application to the City multi-department staff "Development Review Committee" for review and recommendation to the City Planner. In all cases, a new or amended Site Plan and Architectural Design will not be approved unless it meets all City Code requirements. B. The following are considered administrative amendments to an approved Site Plan and Architectural Design and are subject to review and approval by the City Planner: 1. Reduction or reconfiguration of parking. 2. Changes to landscaping type, location and species. 3. Façade remodels or alterations. 4. Expansions, structural alterations, or demolitions that are ten percent (10%) or less of the Gross Floor Area of the building. C. The following are considered minor amendments to an approved Site Plan and Architectural Design and are subject to review and consideration for approval by the City Council only without referral to the Planning Commission: 1. Expansions or structural alterations that are ten percent (10%) to fifty percent (50%) of the Gross Floor Area of the building. 2. Demolitions that are ten percent (10%) or more of the Gross Floor Area of a building that has an approved Site Plan and Architectural Design. D. No review is required to demolish or reconstruct a structure that has been identified by the Fire Chief, Building Official, or other appropriate City official as a hazardous building or hazardous property so long as the reconstruction is completed in accordance with an approved Site Plan and Architectural Design and all necessary permits from the City. E. All other amendments and alterations to an approved Site Plan and Architectural Design are considered major amendments and are subject to review in accordance with Subdivisions 5 and 6. F. All new buildings, structures, and parking areas and all alterations to existing buildings, structures and parking areas that do not have an approved Site Plan and Architectural Design are subject to review in accordance with Subdivisions 5 and 6. G. A Zoning Certificate and Certificate of Occupancy may be required in accordance with City Code Section 11.77. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance will 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 6th day of January, 2026 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2026. _________________________________ _________________________________ David Teigland City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2026 Planning Commission Agenda Cover Memo Date: November 17, 2025 Location: Subject: Code Amendment - Administrative Site Plan Review From: Sarah Strain, Planner II ITEM DESCRIPTION City Code Section 11.47, Subd. 4 establishes the site plan review process for building additions, façade improvements, and other site alterations. There are three (3) levels of review offered: administrative review, minor review, which is reviewed by City Council only, and full review, which requires public hearings with both Planning Commission and City Council. Staff is proposing an amendment to the Code’s Site Plan Review Process to allow more code- compliant improvements and alterations to be reviewed administratively and to require a higher degree of alteration before the project is reviewed by City Council and the Planning Commission, aligning Eden Prairie with practices in peer cities. REQUESTED ACTIONS • Approval of the ordinance as drafted BACKGROUND CODE AMENDMENT Currently in City Code, the only administrative site plan reviews permitted are code-compliant parking lot configurations and landscaping modifications. Parking lot configurations may include restriping or reduction in the number of parking spaces, so long as no new impervious surface is added to the site. Similarly, Minor Site Plan Amendments allow projects to be reviewed by City Council only, bypassing review and recommendation of the Planning Commission. City Code currently allows building alterations that are 10% of the GFA or 2,000 square feet, whichever is less, to be reviewed through a Minor Site Plan Amendment. Façade remodels which are code- compliant are also allowed to be reviewed by City Council only. All other site improvements require review by both Planning Commission and City Council, even if the improvements or alterations meet all City Code requirements. As part of Eden Prairie’s goals to provide clear communication and efficient, fair processes to all property owners, staff reviewed City Code and site plan review processes in peer cities and found that Eden Prairie was the most restrictive in site plan review processes. Requiring minor, code- compliant projects to be reviewed by Planning Commission and/or City Council adds time and cost to site improvement projects, such as façade upgrades that meet Code Architectural Standards and minor, code-compliant building additions. Staff report – Code Amendment - Administrative Site Plan Review November 17, 2025 Page 2 To align Eden Prairie’s Site Plan Review process with the practices of peer cities, staff is proposing the attached amendment to the Code’s Site Plan Review Process. Below is a summary of the changes: Staff approval Minor Site Plan (No PC) Full Review (PC & CC) Façade Change Class 1 for Class 1 x Façade Change (conforming) x Conforming Parking lot reconfiguration x Conforming Landscaping changes x Parking lot/ landscaping changes with waivers x New Development/ Redevelopment w/ or w/o waivers x Conforming Building Expansions up to 10% GFA Additions between 10- 50% GFA Expansions greater than 50% GFA Building expansions requiring waivers x Lot Combinations x Lot Split x Subdivisions (resulting in 3 or more lots) x Lot line Adjustment x Building Demolition up to 10% of GFA greater than 10% of GFA Telecommunications Towers up to 80 feet, towers greater than 80 ft Proposed Changes Current Code GFA = Gross Floor Area These proposed changes would allow some of projects Planning Commission and City Council have reviewed in recent years to be reviewed administratively. Examples include the pool addition at the Holiday Inn Express, which added 4% to the GFA, and the Wunderlich addition, which added 15% to the GFA. Both additions met all City-Code requirements. Any changes not meeting City Code requirements, needing either a variance or a Planned Unit Development (PUD) waiver, will require public hearings with Planning Commission and City Council as currently outlined in City Code. For example, projects like the Menards gate expansion and Nine Mile Creek Watershed District addition were both small, but both required PUD waivers or amendments, requiring the full review process with Planning Commission and City Council. Staff report – Code Amendment - Administrative Site Plan Review November 17, 2025 Page 3 Any property that does not have a site plan, either due to the age of the property or the redevelopment of the site, will be required to undergo the full Site Plan Review process to approve a site plan for the site. There are no proposed changes to the review processes for lot subdivisions, combinations, lot line adjustments, or telecommunications towers and antenna. STAFF RECOMMENDATION Staff recommends that the Commission move to recommend to the City Council that City Code Section 11.47, Subd. 4 be amended as represented in the November 17, 2025 staff report and the attached draft language. ATTACHMENTS 1. Draft Ordinance Proposed City Code Section 11.47 2. Redline of Proposed Amendment to City Code Section 11.47 Approved Minutes Eden Prairie Planning Commission Meeting 7 p.m. Monday, November 17, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Commission Members: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Patrick Sejkora, Water Resources Engineer; Kristin Harley, Recording Secretary MEETING AGENDA I. Call the Meeting to Order Chair Pieper called the meeting to order at 7 p.m. Commission Members Duncan and Weber were absent. II. Pledge of Allegiance III. Approval of Agenda MOTION: Taylor moved, seconded by Kirk, to approve the agenda. Motion carried 7-0. IV. Minutes A. Planning Commission meeting held Monday, September 22, 2025 MOTION: Grote moved, seconded by Kirk, to approve the minutes of the Planning Commission Monday, September 22, 2025. Motion carried 7-0. V. Public Hearings A. Code Amendment – Shoreland Ordinance (2025-02CA) • Amendment to Chapter 11, section 11.50 Shoreland Regulations Barnhart introduced Patrick Sejkora, Water Resources Engineer for the City of Eden Prairie, who was presenting in place of Lori Haak, Water Resources Coordinator. Sekora presented a PowerPoint and detailed the Shoreland Ordinance Revision. This was Section 11.50 of the City Code under Zoning. The PLANNING COMMISSION MEETING MINUTES November 17, 2025 Page 2 shoreland zone comprised nearly 50 percent of Eden Prairie with 19 lakes, a river, and four creeks. A shoreland zone was any land within 1,000 feet of a lake or within 300 feet of a creek or the river. The goals of the Shoreland Code Amendment were to comply with State Statute, align with DNR’s model ordinance (most recently revised in 2022), codify existing practices, and to repeal and replace the entire Code to ensure consistency and compliance with the latest DNR/state model and for ease of use and updating. The main changes were: to add OHWLs (ordinary high water levels), to correct DNR classifications for streams (from general waters to tributaries or transitions, to revise water-oriented accessory structures, to add Vegetations Management Plan requirements, and to refine the definition of “impervious surface.” An impervious surface would be redefined to allow for a more consistent application of the Shoreland Code. In agreement with codifying existing practices and to prevent more variances or waivers, this would be redefined to be 30 percent for all Rural and R-1 zoned parcels, and 70 percent for all others. Staff recommended approval of the new Ordinance as drafted. Farr commended the adoption of a common template language from city to city, which more readily highlighted differences. He noted the Ordinance definition of the Shoreland Zone as “1,000 feet from lake, pond for flowage,” and asked for the definition of flowage versus “floodway” used elsewhere in the Amendment. Sejkora replied the use of flowage came straight from the DNR which did not include a definition. This was a vestigial term similar to a reservoir that would not have a practical application within Eden Prairie, having no real counterpart here, but the Code Amendment would coherently apply to all lakes, ponds, rivers, and streams within the City. Farr asked for and received confirmation that only the buffer around lakes and streams or their floodplain comprised the definition of the Shoreland Zone. Farr also asked and received confirmation that Subdivision Seven, General Performance Standards would be applied only to new lots via a platting process, and not redevelopments. Sejkora added any new use of a riparian lot would not trigger the requirement of this minimum lot width and would be “grandfathered in.” Barnhart stated under the Amendment any lot created before January 1, 2026 would be allowed to retain its existing lot area and width. Therefore such lots would be conforming, not even “legal nonconforming.” Farr stated that a table Subdivision Seven E.1-D regarding additional structure setbacks listed a top-of-bluff setback, a cemetery setback, and right-of-way setbacks. He thought this information could be included in the Performance Standards section. Sejkora agreed, stating in most cases this would be administrated for the rear yard and other right-of-way setbacks codified PLANNING COMMISSION MEETING MINUTES November 17, 2025 Page 3 elsewhere are more restrictive. There were different setbacks for the right-of- way for all but the Town Center and TOD zoning districts, which were more restrictive than the Shoreland District. In most cases, residents would find the relevant information where they would most likely look for it, and staff would work with developers in those cases where the section applied. Farr suggested including a footnote to link the two sections together. Pieper asked if there were sections in the Eden Prairie Code Amendment that were more restrictive than the DNR’s, and Sejkora replied there were, such as setbacks from ordinary high waters and lot widths, with the inclusion of entire bluffs, and in the application of the Shoreland Code itself. Under the DNR the Shoreland ended where the buffer ended, but Eden Prairie’s longstanding practice was to apply the Shoreland Code the entirety of any parcel that is touched by the buffer. There were other examples in terms of clearing and applications to all structures rather than just to principal structures. This aligned with codifying of existing practices. MOTION: Sherwood moved, seconded by Farr, to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Taylor, to recommend approval for repealing and replacing the City Code Section 11.50 as recommended by staff as represented in the November 17, 2025 staff report Motion carried 7-0. B. Code Amendment – Shoreland Ordinance (2025-03CA) • Amendment to Chapter 11, section 11.47 related to site plan approval Barnhart presented a PowerPoint and detailed the Amendment clarifying the review process for most projects in Eden Prairie. There would be no changes to the subdivision process, but would simply the process for simpler site plan projects. The Ordinance would have conforming projects reviewed by staff and approved via an administrative process; nonconforming projects would go through the Planning Commission and City Council review process. The administrative process included a site plan review committee that met weekly, including engineers, planners, fire department personnel, landscaping staff, et cetera. In a significant change, conforming building expansions up to 10 percent of the gross floor area (GFA) would be reviewed by staff; the City Council (and not the Planning Commission) would review all expansions that were 10-50 percent of the gross floor area, and the full review including the Planning Commission and the City Council would review all larger percentages. This paralleled demolitions which received site plan approvals, but these often were part of a larger project which would be part of the full review process. Barnhart cited 7965 Wallace Road (a façade change) and the Holiday Inn Express Pool Addition (a four percent PLANNING COMMISSION MEETING MINUTES November 17, 2025 Page 4 gross full area expansion) as examples of what would be approved by staff. Barnhart recommended approval of the Ordinance change as drafted. Kirk asked for and received confirmation the City Council review without the involvement of the Planning Commission would still be a public hearing, as was presently done for the full review (City Council and Planning Commission). Farr commended the reduction of red tape in this Ordinance change. Farr suggested a simpler process offering two different choices rather than a three- tiered process; including the Planning Commission in all greater than 10 percent GFA expansions, or having these decided only by the City Council, would satisfy him. MOTION: Grote moved, seconded by Farr, to close the public hearing. Motion carried 7-0. Taylor commended the expedition of future projects. MOTION: Taylor moved, seconded by Grote, to recommend approval for revisions to the City Code Section 11.4. as recommended by staff as represented in the November 17, 2025 staff report Motion carried 7-0. VI. Reports A. Planners report B. Members’ reports VII. Adjournment MOTION: Taylor moved, seconded by Kirk, to adjourn the meeting. Motion carried 7-0. Chair Pieper adjourned the meeting at 7:32 p.m. City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Public Hearing Item Number: VIII.D. Department: Public Works/Engineering - Lori Haak ITEM DESCRIPTION The Ordinance amendment aligns the model shoreland ordinance (2022) of the Minnesota Department of Natural Resources (DNR) and the Eden Prairie City Code by repealing existing City Code Section 11.50 in its entirety and replacing it with the new City Code Section 11.50 (Attachment 1). REQUESTED ACTION Close public hearing and approve the first reading of an Ordinance repealing City Code Section 11.50 in its entirety and replacing it with new City Code Section 11.50 relating to shoreland management as attached (Attachment 1). SUMMARY The City of Eden Prairie first adopted its shoreland ordinance in 1982. Minor revisions were made to the shoreland code in 1996 and 2004. In April 2022, DNR issued a new model shoreland ordinance, with instruction to cities to amend their code to be consistent with the model. The draft ordinance meets this objective, with modifications accepted by the DNR. PROPOSED CHANGES TO CODE In incorporating the DNR’s model ordinance, many of the changes proposed clarify existing requirements or codify existing practice. • Provide additional examples of impervious surface in definition, including decks • Add Ordinary High Water Levels (OHWL) for lakes • Incorporate correct DNR river and stream classifications • Allow decreased deck setbacks without a variance under certain conditions • Align water-oriented accessory structure requirements with DNR standards • Codify Vegetation Management Plan requirement for work within Shore and Bluff Impact Zones • Increase impervious surface limit to 70% for lots not zoned Rural or R-1 DNR REVIEW City staff met with DNR on March 11, 2024, August 21, 2024, and August 25, 2025. As a result of the meetings, 4 deliverables (Attachments 3 through 6) were requested by DNR: 1. A tabulation of public ownership of shoreline in Eden Prairie since the City has more shoreline in public ownership than many surrounding communities; 2. A tabular representation of land use within each waterbody’s shoreland buffer; 3. An analysis of impervious surface coverage within each waterbody’s shoreland buffer; and 4. A list of proposed deviations from the model ordinance alongside a list of proposed provisions more stringent than the model ordinance. Of initial concern to DNR was the proposal to increase the impervious surface limit from 30% (existing City Code) to 70% for shoreland parcels not zoned Rural or R-1. The City’s history of shoreland preservation through land and easement acquisition led to protection of water resources, riparian areas, and shoreland zones uncharacteristic of similarly developed communities (Attachments 7 through 9). Additionally, many shoreland parcels not zoned Rural or R-1 have already been developed with higher impervious surface coverage amounts. Documentation provided by the City addressed DNR concerns, resulting in DNR support of increased impervious surface limits in areas not zoned Rural or R-1. This will better reflect the pattern of development that currently exists within the city. DNR requires local governments to request conditional approval review of near final draft ordinances. DNR provided Conditional Approval on October 1, 2025. The Planning Commission reviewed the proposed ordinance on November 17, 2025 and recommended approval with no changes. ATTACHMENTS 1. Ordinance 2. PC Staff Report 3. Planning Commission Minutes 4. DNR Conditional Approval of Eden Prairie’s Shoreland Ordinance, dated 10/1/25 5. Table: Public vs. Private Ownership of Shoreline in Eden Prairie 6. Table: Land Use by Subwatershed in Eden Prairie Shoreland Zones 7. Table: Percent Imperviousness by Subwatershed 8. Shoreland Analysis, dated 8/11/25 9. Map: Riparian Public Land, dated 8/5/25 10. Map: Shoreland Zoning + Protected Land, dated 8/26/25 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.50 RELATING TO SHORELAND MANAGEMENT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.50, is deleted in its entirety and replaced with the following: SECTION 11.50 – SHORELAND MANAGEMENT Subd. 1. Statutory Authorization and Policy. A. Statutory Authorization. This section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapter 103F, Minnesota Rules, Parts 6120.2500–6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Chapter 462. B. Policy. The Minnesota Legislature has delegated responsibility to local governments of the state to regulate the subdivision, use, and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by and adopted as the policy of the City of Eden Prairie. Subd. 2. General Provisions and Definitions. A. Jurisdiction and Scope. The provisions of this section apply to the shorelands of the public water bodies as classified in subdivision 4. Any lake, pond, or flowage less than 10 acres in size is exempt from the requirements of this section. A body of water created by a private user where there was no previous shoreland may, at the discretion of the City Council, be exempt from this section. B. Enforcement. The City is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances) constitutes a misdemeanor and is punishable as defined by law. C. Severability. If any subdivision, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section will not be affected thereby. D. Abrogation and Greater Restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. It is further not the intention of this section to interfere with any other provision of the City Code, however, where this section imposes a greater restriction upon the use or improvement of any premises than those imposed or required by other City Code provisions, rules, regulations or permits of the City, State, or appropriate watershed district, the provisions of this section will govern. E. Definitions. Unless specifically defined here or in Sections 11.02 or 11.55, words or phrases used in this section must be interpreted to give them the same meaning they have in common usage and to give this section its most reasonable application. All distances, unless otherwise specified, are measured horizontally. Bluff means a topographic feature such as a hill, cliff, or embankment having the following characteristics: a. Part or all of the feature is located in a shoreland area; b. The slope must drain toward a public water; c. The slope rises at least 25 feet above the ordinary high water level; and d. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater (see Figure 1), except that an area with an average slope of less than 18 percent over a distance of at least 50 feet shall not be considered part of the bluff (see Figure 2). Figure 1. Illustration of Bluff Figure 2. Exception to Bluff Bluff impact zone means a bluff and land located within 20 feet of the top of a bluff (see Figure 3). Figure 3. Bluff Impact Zone and Top of Bluff Bluff, Toe of means the lower point of a 50-foot segment with an average slope exceeding 18 percent or the ordinary high water level, whichever is higher. Bluff, Top of means, for the purposes of measuring setbacks, establishing bluff impact zones, and administering vegetation management standards, the higher point of a 50-foot segment with an average slope exceeding 18 percent (see Figure 3). Boathouse has the meaning given in Minn. Stat. § 103G.245. Buffer has the meaning given in Minn. Stat. § 103F.48. Building line means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Commissioner means the Commissioner of the Department of Natural Resources or their designated representative. Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. Impervious surface means a constructed hard surface that prevents or slows entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; sport courts; retaining walls; synthetic turf; and other similar surfaces. Intensive vegetation clearing means the complete removal of any vegetation in a contiguous patch, strip, row, or block. Maintenance and repair means upkeep or preservation of an existing structure or accessory structure against normal wear and tear or degradation over time that does not change exterior dimensions. Examples include rehabilitation or replacement of windows, siding, or roof, or exterior finishes such as paint or stain. Ordinary high water level and OHWL means the boundary of public waters and wetlands, and is an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Public waters has the meaning given in Minn. Stat. § 103G.005, Subd. 15. Riparian lot means a lot adjacent to a lake, river, or stream identified in subdivision 5.C– D. Setback means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. Sewage treatment system has the same meaning as “subsurface sewage treatment system or SSTS” as defined in Minnesota Rules, part 7080.1100, subpart 82. Sewer system means pipelines or conduits, pumping stations, and force mains, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other waste to a point of ultimate disposal. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback (see Figure 4). Figure 4. Shore Impact Zone Shoreland means land located within the following distances from public waters: a. 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and b. 300 feet from a river or stream, or the landward extent of a regulated floodplain on a river or stream, whichever is greater (see Figure 5). Figure 5. Definition of Shoreland Steep slope means a slope of over twelve percent (12%) and of elevation difference of thirty (30) feet or more on a given parcel. Subdivision means land that is divided for the purpose of sale, rent, or lease, including planned unit developments that involve the division of land. Suitability analysis means an evaluation of land to determine if it is appropriate for the proposed use that considers factors relevant to the proposed use and may include the following features: susceptibility to flooding; existence of wetlands; soils and erosion potential; slope steepness; water supply; sewage treatment capabilities; water depth; depth to groundwater and bedrock; vegetation; near-shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of historic preservation sites or historic properties; or any other relevant feature of the natural land. Vegetation management plan means a plan detailing proposed alterations to vegetation within areas where vegetation alteration must receive prior written approval from the City. Water-oriented accessory structure means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures include watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, patios, fire pits, play structures, and detached decks. Water-dependent use means the use of land for commercial, industrial, public or semi-public purposes, where access to and use of a public water is an integral part of the normal conduct of operation. Marinas, resorts, and restaurants with transient docking facilities are examples of water-dependent uses typically found in shoreland areas. Wetland has the meaning given in Minnesota Rules, part 8420.0111. Subd. 3. Administration. A. Permits and Approvals. 1. A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation or alteration of sewage treatment systems, and those land alteration activities not exempted by subdivision 9.C of this section. 2. A certificate of compliance, consistent with Minnesota Rules Part 7082.0700, subpart 3, is required for sewage treatment systems whenever a permit, waiver, or variance of any type is requested or required for any improvement on or use of the property that increases occupancy. Such improvements include but are not limited to the addition of bedrooms. A sewage treatment system will be considered compliant if the only deficiency is the system’s legally nonconforming setback from the ordinary high water level. 3. No removal or alteration of vegetation in the shore impact zone, bluff impact zone, or on steep slopes is permitted unless a vegetation management plan has been approved by the City Manager or their designee in accordance with the vegetation management provisions set forth in subdivision 9.A of this section. B. Variances. Variances from the requirements of this section may only be granted in accordance with City Code Section 11.76 and Minn. Stat. § 462.357, and are subject to the following: 1. A variance may not circumvent the general purposes and intent of this section; and 2. For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700, subpart 3, is required for variance approval. No variance is required for a sewage treatment system if the only deficiency is the system’s legally nonconforming setback from the ordinary high water level. C. Mitigation. 1. All zoning and building permit applications subject to this section must address the following elements and conditions as applicable to the proposed improvements, to meet the purposes of this section and to protect adjacent properties and the public interest: a. Advanced stormwater runoff management treatment; b. Reducing impervious surfaces; c. Prevention of soil erosion or other possible pollution of public waters, both during and after construction; d. Increasing setbacks from the ordinary high water level; e. Restoration of wetlands; f. Limiting vegetation removal and riparian vegetation restoration; g. Visibility of structures and other facilities as viewed from public waters; h. Compatibility of types, uses, and numbers of watercraft that the project will generate in relation to the suitability of public waters to safely accommodate those watercraft; i. Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and j. Other conditions as deemed necessary by the City Planner or City Engineer. 2. Permits to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes may be subject to conditions, at the discretion of the City Engineer or their designee, to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation. D. Nonconforming Uses. All legally established nonconforming uses under this section, existing as of January 6, 2026, may continue but will be managed according to Minn. Stat. § 462.357, subd. 1e and City Code Section 11.75. E. Shoreland Boundary Modifications. Any request to reduce the boundaries of shorelands of public waters within the City must be sent to the commissioner or the commissioner’s designated representative for approval and must include a resolution and supporting data The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries. Subd. 4. Notifications to the Department of Natural Resources. A. All amendments to this section must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules. The proposed amendments will be submitted to the commissioner at least 30 days before any scheduled public hearings. B. All notices of public hearings to consider variances, amendments, subdivisions, or planned unit developments for shoreland regulated by this section must be sent to the commissioner at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions or planned unit developments must include copies of the preliminary plat or planned unit development application materials. C. All approved amendments, subdivisions, planned unit developments, and final decisions approving variances or conditional uses for shoreland regulated by this section must be sent to the commissioner and postmarked within ten days of final action. If the City approves a variance after the Department of Natural Resources has formally recommended denial in the hearing record, the documentation of the approved variance shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the City’s approval of the variance. D. Any request to change the shoreland management classification of public waters within the City must be sent to the commissioner for approval, and must include a resolution and supporting data as required by Minnesota Rules, part 6120.3000, subp. 4. E. Any request to reduce the boundaries of shorelands of public waters within the City must be sent to the commissioner for approval and must include a resolution and supporting data. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries. Subd. 5. Shoreland Classification System A. The purpose of this shoreland classification system is to ensure that shoreland development on the public waters of the City is regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, Part 6120.3300. B. The shoreland areas for the waterbodies listed in subsections C and D of this subdivision 5 are designated in the definition of “shoreland” contained in subdivision 2.E and are shown on the City’s Zoning Map. C. Lakes are classified as follows: 1. Recreational development (RD). Lake Name DNR Public Waters I.D. # OHWL (NGVD 1929) Anderson Lake (N + SW) 27-62P 839.0 Birch Island Lake 27-81P 882.1 Bryant Lake 27-67P 852.6 Duck Lake 27-69P 915.3 Idlewild Lake 27-74P 856.0 Lotus Lake 10-6P 896.3 Riley Lake 10-2P 865.3 Red Rock Lake 27-76P 840.5 Staring Lake 27-78P 815.3 2. Natural environment (NE). Lake Name DNR Public Waters I.D. # OHWL (NGVD 1929) Grass Lake 27-80P 697.1 McCoy Lake 27-77W 824.5 Mitchell Lake 27-70P 871.5 Neill Lake 27-79P - Rice Marsh Lake 10-1P 877.0 Rice Lake 27-132P 699.2 Round Lake 27-71W 880.8 School Pond 27-75W 851.9 Lake Name DNR Public Waters I.D. # OHWL (NGVD 1929) Smetana Lake 27-73W 835.2 Super Valu (Round) Pond 27-72P - 3. Any lake without an OHWL listed in this subdivision 5.C does not have an official OHWL established. The OHWL will be determined on-site using practices consistent with those employed by the Minnesota Department of Natural Resources. D. Rivers and Streams are classified as follows: 1. Transition. River Name Legal Description Minnesota River From T116-R22-S31 (city limit) to T116-R22-S36 (city limit) 2. Tributary. River Name Legal Description Nine Mile Creek From T116-R22-S02 (city limit) to T116-R22-S12 (city limit) and T116- R22-S03 (city limit) to T116-R22-S02 (27-67-P) Purgatory Creek From T116-R22-S06 (city limit) to T116-R22-S06 (city limit) and T116-R22-S05 (city limit) to T116-R22-S36 (Minnesota River) Riley Creek From T116-R22-S18 (10-1P) to T116-R22-S32 (Minnesota River) Bluff Creek From T116-R22-S31 (city limit) to T116-R22-S32 (confluence with the Minnesota River) 3. All public rivers and streams shown on the Public Waters Inventory Map for Hennepin County, a copy of which is adopted by reference, not given a classification in this subdivision 5.D will be considered “Tributary.” Subd. 6. Special Land Use Provisions A. Commercial, Industrial, Public, and Semi-Public Uses. 1. Commercial, industrial, public, and semi-public water-dependent uses may be located on parcels or lots with frontage on public waters, provided that: a. The use complies with the provisions of subdivision 7 of this section; b. The use is designed to incorporate topographic and vegetative screening of parking areas and structures; and c. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. 2. Commercial, industrial, public, and semi-public uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. B. Agricultural Use Buffers. Agricultural uses permitted in the R-Rural zoning district must comply with the following buffer requirements: 1. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. 2. General cultivation farming is a permitted use if steep slopes and shore and bluff impact zones are maintained in perennial vegetation or operated under an approved conservation plan that includes practices consistent with the field office technical guides of the local soil and water conservation district or the Natural Resource Conservation Service, and as approved by the local soil and water conservation district. Subd. 7. Dimensional and General Performance Standards. A. Lot Area and Width Standards. After January 6, 2026, all new riparian lots must meet the minimum lot area and lot width requirements set forth in subsection B below, subject to the following standards: 1. Only lands above the ordinary high water level and excluding right-of-way can be used to meet lot area and width standards; 2. Lot width standards must be met at both the ordinary high water level and at the building line; and 3. The sewer lot area dimensions can only be used if publicly owned sewer system service is available to the property. B. Lake Minimum Lot Area and Width Standards. 1. Recreational development lake—No sewer Use Type Riparian Lot Area (acres) Riparian Lot Width (ft) Single-Family Detached Dwelling 10 300 2. Recreational development lake—Sewer Use Type Riparian Lot Area Riparian Lot Width (ft) Single-Family Detached Dwelling 20,000 sf 120 Multiple-Family Dwelling 15,000 sf per unit 120 Office Public 5 acres 200 Commercial Industrial 10 acres 200 3. Natural environment lake—No sewer Use Type Riparian Lot Area Riparian Lot Width (ft) Single-Family Detached Dwelling 10 acres 300 4. Natural environment lake—Sewer Use Type Riparian Lot Area Riparian Lot Width (ft) Single-Family Detached Dwelling 40,000 sf 150 Multiple-Family Dwelling 30,000 sf per dwelling unit 150 Office Public 10 acres 200 Commercial Industrial 10 acres 200 C. Rivers and Streams Lot Area and Width Standards. 1. Transition - Sewer Use Type Riparian Lot Area Riparian Lot Width (ft) Single- Family 13,500 sf 120 Use Type Riparian Lot Area Riparian Lot Width (ft) Detached Dwelling Multiple-Family Dwelling 10,000 sf per dwelling unit 120 Office Public Commercial 2 acres 150 Industrial 5 acres 150 2. Tributary—No sewer Use Type Riparian Lot Area Riparian Lot Width (ft) Single-Family Detached Dwelling 5 acres 120 3. Tributary—Sewer Use Type Riparian Lot Area Riparian Lot Width (ft) Single-Family Detached Dwelling 13,500 sf 120 Use Type Riparian Lot Area Riparian Lot Width (ft) Multiple-Family Dwelling 10,000 sf per dwelling unit 120 Office Public Commercia l 2 acres 150 Industrial 5 acres 150 D. Access Easements. Easements providing access to boat docking and mooring facilities to non-riparian property owners are prohibited. Easements recorded with the Hennepin County Recorder’s Office prior to January 6, 2026 will be considered nonconforming uses. E. Placement, Height, and Design of Structures. 1. OHWL Setback for Structures and Sewage Treatment Systems. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks and comply with the following OHWL setback provisions. The structure setback standards for sewered properties can only be used if the City sewer service is available. Waterbody Classification Structures with No Sewer (ft) Structures with Sewer (ft) Sewage Treatment Systems (ft) Recreational Development Lakes 100 100 100 Natural Environment Lakes 150 150 150 Transition Rivers and Streams 150 150 100 Tributary Rivers and Streams 100 50 75 a. OHWL Setbacks. Structures (other than stairways, lifts, and landings, which are addressed in subdivision 8.B) impervious surfaces, and sewage treatment systems must meet setbacks in the table above, except that water- oriented accessory structures meeting the requirements of subdivision 8.C may be set back a minimum distance of ten (10) feet from the OHWL. b. Setback Averaging. Where principal structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining principal structure setbacks from the OHWL, provided the proposed structure is not located in a shore impact zone or bluff impact zone (see Figure 6). Figure 6. Structure Setback Averaging c. Setback of Decks. Decks and deck additions may be allowed without a variance to a legally nonconforming structure not meeting the required setback from the ordinary high water level if all of the following criteria are met: (1) The impervious surface does not exceed the limit in subdivision 9.D.4; (2) The structure is legally nonconforming and existed on the date the structure setbacks were established; (3) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing OHWL setback of the structure; (4) The deck encroachment toward the OHWL does not exceed 15 percent (15%) of the existing setback of the structure from the OHWL or is no closer than thirty (30) feet from the OWHL, whichever is more restrictive; (5) The deck is not roofed or screened (see Figure 7). Figure 7. Deck Encroachment d. Additional Structure Setbacks. Structures must also meet the following setbacks, regardless of the waterbody classification: Setback from: Setback (ft) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state, or county highway 50 Right-of-way line of town road, public street, or other roads not classified 20 e. Bluff Impact Zones. Structures, impervious surfaces, and accessory structures, except stairways, lifts, and landings, must not be placed within bluff impact zones. 2. Height of Structures. All structures in residential districts, except places of worship, may not exceed thirty-five (35) feet in height. 3. Lowest Floor Elevation. a. Buildings must be placed such that the lowest floor elevation is at least two (2) feet above the 100-Year Frequency Flood Level. b. In addition to the lowest floor, all service utilities must be elevated or water- tight to the elevation at least two (2) feet above the 100-Year Frequency Flood Level. c. If elevation methods involving fill would result in filling in the shore impact zone, then buildings must instead be elevated through floodproofing methods in accordance with the following item d. d. To be floodproofed, a building must be built to resist hydrostatic pressure through elevation methods such as blocks, pilings, filled stem walls, elevated concrete pad, internally flooded enclosed areas, or through other accepted engineering practices consistent with FEMA technical bulletins 1, 2, and 3. F. Water Supply and Sewage Treatment. 1. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 2. Sewage Treatment. Any premises used for human occupancy must be connected to a publicly owned sewer system where available, or comply with Minnesota Rules Chapters 7080–7081. Subd. 8. Performance Standards for Public and Private Facilities. A. Placement and Design of Roads, Driveways, and Parking Areas. Roads, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening as viewed from public waters and comply with the following standards: 1. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff impact zones or shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts; 2. Watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met; 3. Private watercraft access ramps, approach roads, and access-related parking areas are prohibited; and 4. For public roads, driveways, and parking areas, documentation must be provided by a registered landscape architect or registered professional engineer that such facilities are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. B. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts, and landings must meet the following design requirements: 1. Stairways and lifts must not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties and public recreational uses; 2. Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties and public recreational uses; 3. Canopies or roofs are not allowed on stairways, lifts, or landings; 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and 6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of this subdivision 8.B and the requirements of Minnesota Rules Chapter 1341. C. Water-Oriented Accessory Structures. Each residential lot may have up to two water- oriented structures that do not meet the required structure setback if they comply with the following provisions: 1. Any water-oriented accessory structure must not exceed ten (10) feet in height, exclusive of safety rails; 2. Only one water-oriented accessory structure per residential lot may have a roof; 3. The combined area of any water-oriented accessory structures must not exceed two hundred fifty (250) square feet; 4. All water-oriented accessory structures must be outside the bluff impact zones and bluff setbacks; 5. The setback from the ordinary high water level must be at least ten (10) feet; 6. The water-oriented accessory structure is not a boathouse or boat storage structure as defined under Minn. Stat. § 103G.245; 7. Any water-oriented accessory structure must be screened to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; 8. A roof may be used as an open-air deck with safety rails, but may not be enclosed or used as a storage area; 9. Any water-oriented accessory structure must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and 10. Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in subdivision 7.E.3 if the structure is designed to accommodate internal flooding, constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. 11. Lots located within the Park and Open Space zoning district may have up to one water-oriented accessory structure per two hundred (200) feet of shoreline. D. Fences. Fences are allowed subject to the requirements of this chapter and City Code Section 9.76. Subd. 9. Vegetation and Land Alterations. A. Purpose. The purpose of these regulations regarding alterations of vegetation and topography is to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat. B. Vegetation Management. 1. Vegetation management plan approval by the City Manager or their designee is required prior to vegetation removal or alteration in the shore impact zone and bluff impact zone and on steep slopes. No such work is allowed until a plan is submitted and approved consistent with these vegetation management provisions. 2. Removal or alteration of vegetation must comply with the provisions of this subsection except for: a. Vegetation alteration necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities; b. The construction of public roads and parking areas if consistent with subdivision 8.A; and c. Agricultural uses consistent with subdivision 6.B. 3. Intensive vegetation clearing and/or removal of healthy native trees and shrubs in the shore impact zone and bluff impact zone and on steep slopes is prohibited without prior approval of a vegetation management plan. 4. Limited clearing and trimming of healthy native trees and shrubs in the shore impact zone and bluff impact zone and on steep slopes to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures may be permitted with prior approval of a vegetation management plan, provided that: a. Vegetation is maintained to screen structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions. b. The maximum view corridor is less than fifty (50) feet or one-third (1/3) of the parcel width, whichever is less; c. Existing shading of water surfaces along rivers is preserved; d. Cutting debris or slash must be scattered and not mounded on the ground; e. Perennial ground cover is retained; and f. Picnic areas, access paths, livestock watering areas, beaches and watercraft access areas are prohibited in bluff impact zones. C. Land Alterations. 1. Land alteration activities must comply with the provisions of this subdivision 9.C except for the construction of public roads and parking areas if consistent with subdivision 8.A. 2. A land alteration permit is required for: a. The movement of more than ten (10) cubic yards of material on steep slopes or within a shore impact zone or bluff impact zone; b. The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore impact zones and bluff impact zones; and c. Placement of retaining walls, including boulder walls within the shore impact zone and bluff impact zone. 3. Land alteration activities must meet the following standards: a. Grading or filling of any wetland must meet or exceed the wetland protection standards under Minnesota Rules Chapter 8420 and any other permits, reviews, or approvals by other local, state, or federal agencies such as watershed districts, the DNR, or the U.S. Army Corps of Engineers; b. Land alterations must be designed and implemented to consistently minimize the amount of erosion and sediment from entering surface waters during and after construction by: (1) Limiting the amount and time of bare ground exposure; (2) Using temporary ground covers such as mulches or similar materials; (3) Establishing permanent, deep-rooted and dense vegetation cover as soon as possible; (4) Using sediment traps, vegetated buffer strips, or other appropriate techniques; (5) Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district; (6) Not placing fill or excavated material in a manner that creates unstable slopes. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater; (7) Fill or excavated material must not be placed in bluff impact zones; (8) Minimizing discharge of water from storm sewers, downspouts, drain tiles, sump pumps, pool drainage, and the like into bluff impact zones to the greatest extent practicable; (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes Chapter 103G; and (10) Alterations of topography are only allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. c. Excavations to connect boat slips, canals, lagoons, and harbors to public waters require a public waters permit from the DNR and must comply with Minnesota Rules Chapter 6115. d. New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules Chapter 6115. D. Impervious Surface. 1. For lots located within the Rural or R-1 zoning districts, impervious surface coverage must not exceed thirty percent (30%) of the lot area or the percent coverage of the lot area that existed on January 6, 2026, whichever is greater. 2. For lots located in a zoning district other than Rural or R-1, impervious surface coverage must not exceed seventy percent (70%) of the lot area or the percent coverage of the lot area that existed on January 6, 2026, whichever is greater. 3. Detailed calculations of existing and proposed impervious surface coverage percentages must be submitted with land use applications and during the building permit process for any application showing alteration to impervious surface coverage for any lot. E. Violations. If a violation occurs of the vegetation or land alteration standards set forth in this subdivision 9, the responsible party and/or property owner may, at the discretion of the City Engineer or their designee, be required to restore the affected area. Any restoration must be first approved through the vegetation management plan process and must include a vegetation management plan and a three-year maintenance plan. Subd. 10. Subdivision/Platting Provisions A. Purpose. The purpose of these subdivision and platting provisions is to ensure that new development minimizes impacts to shoreland resources and is safe and functional. B. Land Suitability. Each lot created through subdivision, including planned unit developments authorized under Section 11.40 that involve the subdivision of land, must be suitable in its natural state for the proposed use with minimal alteration A suitability analysis must be conducted for each proposed subdivision to determine if the subdivision is suitable in its natural state for the proposed use with minimal alteration and whether any feature of the land is likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. C. Water and Sewage Design Standards. 1. A potable water supply and a sewage treatment system consistent with Minnesota Rules, Chapters 7080–7081 must be provided for every lot. 2. Each lot must include at least two soil treatment and dispersal areas that support systems described in Minnesota Rules, Parts 7080.2200 to 7080.223 or site conditions described in Part 7081.0270, subparts 3 to 7, as applicable. 3. Lots that would require use of holding tanks are prohibited. D. Information Requirements. Proposed subdivisions must comply with all requirements of Chapter 12 and include the following information: 1. Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more current sources, showing limiting site characteristics; 2. The surface water features required in Minn. Stat. § 505.021, Subd. 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more current sources; 3. Adequate soils information to determine suitability for building and sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; 4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; 5. Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and 6. A line or contour representing the ordinary high water level, the “toe” and the “top” of bluffs, and the minimum building setback distances from the top of the bluff and the public water. E. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. F. Planned Unit Development (PUD). PUDs within the shoreland zone must meet the requirements of Section 11.40 and comply with all terms and conditions and requirements of PUD approval. Section 2. City Code Chapter 11, Section 11.55, Subdivision 2, is amended in the definition of “Land Alteration Permit” to delete the second sentence of the definition. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance will 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 ___ day of _________________, 2025, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2026. _________________________________ _________________________________ David Teigland City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2026. Planning Commission Agenda Staff Report Date: November 17, 2025 Subject: Shoreland Ordinance Revision (Section 11.50 of Eden Prairie City Code) From: Lori Haak, Water Resources Coordinator ITEM DESCRIPTION City staff proposes to improve the alignment between the model shoreland ordinance (2022) of the Minnesota Department of Natural Resources (DNR) and the Eden Prairie City Code by repealing existing City Code Section 11.50 in its entirety and replacing it with the new City Code Section 11.50 (Attachment 1). REQUESTED ACTION Approve revised Shoreland Ordinance, repealing City Code Section 11.50 in its entirety and replacing it with new City Code Section 11.50 as attached (Attachment 1). BACKGROUND The City of Eden Prairie first adopted its shoreland ordinance in 1982. Prior to that time, the City used the Minnesota Department of Natural Resources (DNR) model ordinance and City's draft Code to review development proposals around water bodies and creeks. Minor revisions were made to the shoreland code in 1996 and 2004. In April 2022, DNR issued a new model shoreland ordinance, with instruction to cities to amend their code to be consistent with the model. The draft ordinance meets this objective, with modifications accepted by the DNR. PROPOSED CHANGES TO CODE In incorporating the DNR’s model ordinance, many of the changes proposed clarify existing requirements or codify existing practice. • Provide additional examples of impervious surface in definition, including decks • Add Ordinary High Water Levels (OHWL) for lakes • Incorporate correct DNR river and stream classifications • Allow decreased deck setbacks without a variance under certain conditions • Align water-oriented accessory structure requirements with DNR standards • Codify Vegetation Management Plan requirement for work within Shore and Bluff Impact Zones • Increase impervious surface limit to 70% for lots not zoned Rural or R-1 DNR REVIEW City staff met with DNR on March 11, 2024, August 21, 2024, and August 25, 2025. As a result of the meetings, 4 deliverables (Attachments 3 through 6) were requested by DNR: 1. A tabulation of public ownership of shoreline in Eden Prairie since the City has more shoreline in public ownership than many surrounding communities; Staff report – Shoreland Code Update November 17, 2025 Page 2 2. A tabular representation of land use within each waterbody’s shoreland buffer; 3. An analysis of impervious surface coverage within each waterbody’s shoreland buffer; and 4. A list of proposed deviations from the model ordinance alongside a list of proposed provisions more stringent than the model ordinance. Of initial concern to DNR was the proposal to increase the impervious surface limit from 30% (existing City Code) to 70% for shoreland parcels not zoned Rural or R-1. The City’s history of shoreland preservation through land and easement acquisition led to protection of water resources, riparian areas, and shoreland zones uncharacteristic of similarly developed communities (Attachments 7 through 9). Additionally, many shoreland parcels not zoned Rural or R-1 have already been developed with higher impervious surface coverage amounts. Documentation provided by the City addressed DNR concerns, resulting in DNR support of increased impervious surface limits in areas not zoned Rural or R-1. This will better reflect the pattern of development that currently exists within the city. DNR requires local governments to request conditional approval review of near final draft ordinances. DNR provided Conditional Approval on October 1, 2025. STAFF RECOMMENDATION Approve the ordinance as drafted, repealing City Code Section 11.50 in its entirety and replacing it with new City Code Section 11.50 as attached ATTACHMENTS 1. Draft Ordinance Proposed City Code Section 11.50 2. Conditional Approval of Eden Prairie’s Shoreland Ordinance, dated 10/1/25 3. Table: Public vs. Private Ownership of Shoreline in Eden Prairie 4. Table: Land Use by Subwatershed in Eden Prairie Shoreland Zones 5. Table: Percent Imperviousness by Subwatershed 6. Proposed Deviations from Model Ordinance and Proposed Offsets 7. Shoreland Analysis, dated 8/11/25 8. Map: Riparian Public Land, dated 8/5/25 9. Map: Shoreland Zoning + Protected Land, dated 8/26/25 Approved Minutes Eden Prairie Planning Commission Meeting 7 p.m. Monday, November 17, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Commission Members: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Patrick Sejkora, Water Resources Engineer; Kristin Harley, Recording Secretary MEETING AGENDA I. Call the Meeting to Order Chair Pieper called the meeting to order at 7 p.m. Commission Members Duncan and Weber were absent. II. Pledge of Allegiance III. Approval of Agenda MOTION: Taylor moved, seconded by Kirk, to approve the agenda. Motion carried 7-0. IV. Minutes A. Planning Commission meeting held Monday, September 22, 2025 MOTION: Grote moved, seconded by Kirk, to approve the minutes of the Planning Commission Monday, September 22, 2025. Motion carried 7-0. V. Public Hearings A. Code Amendment – Shoreland Ordinance (2025-02CA) • Amendment to Chapter 11, section 11.50 Shoreland Regulations Barnhart introduced Patrick Sejkora, Water Resources Engineer for the City of Eden Prairie, who was presenting in place of Lori Haak, Water Resources Coordinator. Sekora presented a PowerPoint and detailed the Shoreland Ordinance Revision. This was Section 11.50 of the City Code under Zoning. The PLANNING COMMISSION MEETING MINUTES November 17, 2025 Page 2 shoreland zone comprised nearly 50 percent of Eden Prairie with 19 lakes, a river, and four creeks. A shoreland zone was any land within 1,000 feet of a lake or within 300 feet of a creek or the river. The goals of the Shoreland Code Amendment were to comply with State Statute, align with DNR’s model ordinance (most recently revised in 2022), codify existing practices, and to repeal and replace the entire Code to ensure consistency and compliance with the latest DNR/state model and for ease of use and updating. The main changes were: to add OHWLs (ordinary high water levels), to correct DNR classifications for streams (from general waters to tributaries or transitions, to revise water-oriented accessory structures, to add Vegetations Management Plan requirements, and to refine the definition of “impervious surface.” An impervious surface would be redefined to allow for a more consistent application of the Shoreland Code. In agreement with codifying existing practices and to prevent more variances or waivers, this would be redefined to be 30 percent for all Rural and R-1 zoned parcels, and 70 percent for all others. Staff recommended approval of the new Ordinance as drafted. Farr commended the adoption of a common template language from city to city, which more readily highlighted differences. He noted the Ordinance definition of the Shoreland Zone as “1,000 feet from lake, pond for flowage,” and asked for the definition of flowage versus “floodway” used elsewhere in the Amendment. Sejkora replied the use of flowage came straight from the DNR which did not include a definition. This was a vestigial term similar to a reservoir that would not have a practical application within Eden Prairie, having no real counterpart here, but the Code Amendment would coherently apply to all lakes, ponds, rivers, and streams within the City. Farr asked for and received confirmation that only the buffer around lakes and streams or their floodplain comprised the definition of the Shoreland Zone. Farr also asked and received confirmation that Subdivision Seven, General Performance Standards would be applied only to new lots via a platting process, and not redevelopments. Sejkora added any new use of a riparian lot would not trigger the requirement of this minimum lot width and would be “grandfathered in.” Barnhart stated under the Amendment any lot created before January 1, 2026 would be allowed to retain its existing lot area and width. Therefore such lots would be conforming, not even “legal nonconforming.” Farr stated that a table Subdivision Seven E.1-D regarding additional structure setbacks listed a top-of-bluff setback, a cemetery setback, and right-of-way setbacks. He thought this information could be included in the Performance Standards section. Sejkora agreed, stating in most cases this would be administrated for the rear yard and other right-of-way setbacks codified PLANNING COMMISSION MEETING MINUTES November 17, 2025 Page 3 elsewhere are more restrictive. There were different setbacks for the right-of- way for all but the Town Center and TOD zoning districts, which were more restrictive than the Shoreland District. In most cases, residents would find the relevant information where they would most likely look for it, and staff would work with developers in those cases where the section applied. Farr suggested including a footnote to link the two sections together. Pieper asked if there were sections in the Eden Prairie Code Amendment that were more restrictive than the DNR’s, and Sejkora replied there were, such as setbacks from ordinary high waters and lot widths, with the inclusion of entire bluffs, and in the application of the Shoreland Code itself. Under the DNR the Shoreland ended where the buffer ended, but Eden Prairie’s longstanding practice was to apply the Shoreland Code the entirety of any parcel that is touched by the buffer. There were other examples in terms of clearing and applications to all structures rather than just to principal structures. This aligned with codifying of existing practices. MOTION: Sherwood moved, seconded by Farr, to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Taylor, to recommend approval for repealing and replacing the City Code Section 11.50 as recommended by staff as represented in the November 17, 2025 staff report Motion carried 7-0. B. Code Amendment – Shoreland Ordinance (2025-03CA) • Amendment to Chapter 11, section 11.47 related to site plan approval Barnhart presented a PowerPoint and detailed the Amendment clarifying the review process for most projects in Eden Prairie. There would be no changes to the subdivision process, but would simply the process for simpler site plan projects. The Ordinance would have conforming projects reviewed by staff and approved via an administrative process; nonconforming projects would go through the Planning Commission and City Council review process. The administrative process included a site plan review committee that met weekly, including engineers, planners, fire department personnel, landscaping staff, et cetera. In a significant change, conforming building expansions up to 10 percent of the gross floor area (GFA) would be reviewed by staff; the City Council (and not the Planning Commission) would review all expansions that were 10-50 percent of the gross floor area, and the full review including the Planning Commission and the City Council would review all larger percentages. This paralleled demolitions which received site plan approvals, but these often were part of a larger project which would be part of the full review process. Barnhart cited 7965 Wallace Road (a façade change) and the Holiday Inn Express Pool Addition (a four percent PLANNING COMMISSION MEETING MINUTES November 17, 2025 Page 4 gross full area expansion) as examples of what would be approved by staff. Barnhart recommended approval of the Ordinance change as drafted. Kirk asked for and received confirmation the City Council review without the involvement of the Planning Commission would still be a public hearing, as was presently done for the full review (City Council and Planning Commission). Farr commended the reduction of red tape in this Ordinance change. Farr suggested a simpler process offering two different choices rather than a three- tiered process; including the Planning Commission in all greater than 10 percent GFA expansions, or having these decided only by the City Council, would satisfy him. MOTION: Grote moved, seconded by Farr, to close the public hearing. Motion carried 7-0. Taylor commended the expedition of future projects. MOTION: Taylor moved, seconded by Grote, to recommend approval for revisions to the City Code Section 11.4. as recommended by staff as represented in the November 17, 2025 staff report Motion carried 7-0. VI. Reports A. Planners report B. Members’ reports VII. Adjournment MOTION: Taylor moved, seconded by Kirk, to adjourn the meeting. Motion carried 7-0. Chair Pieper adjourned the meeting at 7:32 p.m. Minnesota Department of Natural Resources • Division of Ecological and Water Resources 1200 Warner Road, St. Paul, MN, 55106 Minnesota Department of Natural Resources Ecological and Water Resources Division Central Region Headquarters 1200 Warner Road, St Paul MN 55106 October 1, 2025 Lori Haak Water Resources Coordinator City of Eden Prairie 8080 Mitchel Rd Eden Prairie, MN 55344 Re: Conditional Approval of Eden Prairie’s Shoreland Ordinance Dear Ms. Haak: Thank you for sending the City of Eden Prairie’s proposed shoreland ordinance to the DNR for conditional approval review. I am pleased to inform you that the attached proposed ordinance is substantially compliant with the statewide rules and hereby approved, provided all of the conditions of approval in this letter are met. We have reviewed the ordinance received by email on September 23, 2025 resulting from multiple discussions regarding an appropriate update to the 1996 DNR-approved ordinance. We appreciate your time and effort to answer our questions and document the city’s development pattern and existing strategies to protect the city’s riparian resources. The City is proposing a number of deviations or flexibility to shoreland standards identified by blue comments on the attached proposed ordinance. Many of these deviations are carry overs from the 1996 DNR-approved ordinance. Offsetting these lower standards are many higher standards identified by green comments on the attached ordinance. The most significant deviation is a request for up to 70% impervious surface for zoning districts other than Rural or R-1. The affected zoning districts, approximately 20% of the city’s land area, are largely developed. Development in these areas was approved through the City’s PUD ordinance, which the DNR approved in 1996. Allowing a 70% impervious surface limit recognizes the existing development status of these areas. While a high amount of impervious surface exists, the city has historically administered many conservation policies in these highly developed areas. These include requiring riparian buffers, either dedicated to the city or protected with conservation easements. Other programs include a partnership with watershed districts and metro Blooms to encourage shoreline restorations, among other initiatives. We have reviewed your proposed ordinance and requested flexibility for compliance with the state shoreland rules (MR 6120.2500 – 6120.3900) and are providing conditional approval as follows: Conditions of Approval The following conditions must be met before the DNR will issue final approval: 1. Return the attached “Ordinance Processing Checklist” and documents identified on the checklist after final adoption by the City Council. Minnesota Department of Natural Resources • Division of Ecological and Water Resources 1200 Warner Road, St. Paul, MN, 55106 2. Ongoing compliance with the provisions of this ordinance. If any of the offsetting higher standards are eliminated or deviations modified in future ordinance amendments without DNR approval, approval of implementation flexibility is rescinded. The authority and process under which the DNR evaluates and approves deviations is outlined in Minnesota Rule 6120.2800, Subp 3. Next Steps Following are the steps for completing and receiving final DNR approval for your ordinance: 1. The City Council adopts the ordinance revised according to the listed conditions. 2. Email the completed Ordinance Processing Checklist (attached) and the documents identified on the checklist within 10 days of City council adoption to: a. Ryan Toot, ryan.toot@state.mn.us b. Ordinance.review.dnr@state.mn.us 3. We will review the ordinance adopted by the City Council for consistency with the above conditions and the terms of implementation flexibility. 4. If the adopted amendments are consistent with the conditions and terms of implementation flexibility, we will send you a “final approval” letter. The ordinance will not be effective until the DNR provides final approval. We appreciate the opportunity to work with you in developing the City’s shoreland ordinance. Ryan Toot (Phone: 651-259-5822) will be available to help the City administer the ordinance and to consult with you on other water-related projects and plans, and their implementation. Sincerely, Megan Moore Region 3 South District Manager Attachments: City of Eden Prairie Proposed Shoreland Ordinance Ordinance processing checklist cc: Ryan Toot, DNR Area Hydrologist Dan Petrik, DNR Land Use Specialist Jack Gleason, DNR So. District Hydro Supervisor Public vs. Private Ownership of Shoreline in Eden Prairie Lake Name Ownership Perimeter Length by Owner Perimeter Percent by Owner Lake Perimeter Anderson Lake NW 34,438.70 Anderson Lake NW Private 800.90 2.33 Anderson Lake NW Public 33,637.80 97.67 Anderson Lake SE 17,646.11 Anderson Lake SE Public 17,646.11 100 Birch Island Lake 6,177.42 Birch Island Lake Private 3,293.40 53.31 Birch Island Lake Public 2,884.03 46.69 Bryant Lake 22,919.64 Bryant Lake Private 17,683.29 77.15 Bryant Lake Public 5,236.35 22.85 Duck Lake 10,963.55 Duck Lake Private 8,744.77 79.76 Duck Lake Public 2,218.78 20.23 Grass Lake 25,994.67 Grass Lake Public/Open Space 25,994.67 100 Lake Idlewild 3,729.18 Lake Idlewild Private 2,905.73 77.92 Lake Idlewild Public 823.45 22.08 Little Rice Lake 7,238.86 Little Rice Lake Public/Open Space 7,238.86 100 McCoy Lake 3,289.89 McCoy Lake Private 817.46 24.85 McCoy Lake Public 2,472.43 75.15 Mitchell Lake 21,557.15 Mitchell Lake Private 16,062.24 74.51 Mitchell Lake Public 5,494.92 25.49 Neill Lake 23,002.44 Neill Lake Private 23,002.44 100 Red Rock Lake 19,727.11 Red Rock Lake Private 12,620.90 63.98 Red Rock Lake Public 7,106.21 36.03 Rice Lake 16,019.41 Rice Lake Public/Open Space 16,019.41 100 Riley Lake 10,397.77 Riley Lake Private 6,964.68 66.98 Riley Lake Public 3,433.09 33.02 Round Lake Park 4,281.74 Round Lake Park Public 4,281.74 100 School Pond 3,893.86 School Pond Private 2,681.37 68.86 School Pond Public 1,212.49 31.14 Lake Smetana 7,893.19 Lake Smetana Private 1,833.62 23.23 Lake Smetana Public 6,059.58 76.77 Staring Lake 10,723.02 Staring Lake Private 950.96 8.87 Staring Lake Public 9,772.06 91.13 Super Valu Pond 3,837.70 Super Valu Pond Private 1,531.58 39.90 Super Valu Pond Public 2,306.12 60.10 TOTAL PUBLIC SHORELINE 153,838.10 61% 253,731.44 “___” = Public/Open Space >50% of shoreline Land Use by Subwatershed in Eden Prairie Shoreland Zones Rural Single Family Res. Multi- Family Res. Office Commer. Town Center Indust. Public Golf Course Airport Park & Open Space ROW Notes Anderson NW 8.79 2.35 3.86 18.74 5.77 0.88 4.14 0.08 11.85 Some shoreland outside EP Anderson SE 23.72 13.45 6.63 1.62 0.33 10.11 0.02 0.33 6.99 Some shoreland outside EP Birch Island 3.30 21.97 7.88 34.04 13.87 13.33 6.05 Bryant 22.54 16.22 0.29 1.87 0.18 2.22 5.93 6.11 16.53 Duck 1.95 52.30 14.11 3.96 13.91 Idlewild 0.32 0.74 30.38 3.27 22.41 0.72 39.20 Lower MN/Rice/ Grass Lakes 57.89 0.94 3.74 2.03 Some shoreland outside EP McCoy 11.67 55.66 10.94 0.52 4.00 15.46 Mitchell 0.01 33.67 12.50 1.04 1.47 1.28 0.40 13.65 17.03 Neill 19.90 22.80 17.94 0.04 20.57 1.07 9.30 Nine Mile Creek (BL to LS) 2.54 0.12 0.13 22.68 16.74 44.96 12.82 Nine Mile Creek (East) 11.60 52.29 20.44 2.01 Some shoreland outside EP Nine Mile Creek (North) 68.23 0.08 14.48 2.68 Some shoreland outside EP Nine Mile Creek (West) 2.93 10.97 12.93 20.33 2.62 39.44 8.32 Purgatory Creek (Edenvale) 0.45 12.93 1.39 77.22 4.36 Purgatory Creek (Main) 4.66 11.73 4.33 2.66 2.03 7.04 2.01 4.89 51.67 9.15 Purgatory Creek (SL to MNR) 19.20 25.30 2.72 0.19 4.70 41.39 8.28 Red Rock 0.98 46.09 0.79 7.98 2.05 20.54 Rice Marsh 16.98 0.43 1.02 12.38 25.58 Some shoreland outside EP Riley Creek (RL to MNR) 31.34 25.30 2.60 0.03 1.53 3.48 30.49 5.15 Riley Creek (RML to RL) 0.03 35.00 4.46 60.51 Riley 5.89 14.36 0.47 2.09 7.48 8.12 6.66 Some shoreland outside EP Round 22.25 1.51 15.47 53.67 6.15 School Pond 10.44 27.64 0.40 14.84 54.45 11.91 Smetana 1.38 2.13 24.24 5.17 12.95 31.18 22.95 Staring 1.91 12.28 5.88 15.75 25.50 5.60 Super Valu 25.34 3.48 1.13 20.39 16.32 11.38 *Totals do not add up to 100% due to por�ons of the shoreland zone outside of Eden Prairie. Percent Imperviousness by Subwatershed Waterbody Impervious % Impervious Acres Anderson NW 25.06 166.3 Anderson SE 8.88 48.3 Birch Island 10.19 25.4 Bryant 15.66 123.9 Duck 21.29 68.4 Idlewild 54.37 91.4 Lower Minnesota/Rice/Grass Lakes 1.37 39.7 McCoy 24.42 39.4 Mitchell 24.83 135.7 Neill 15.54 68.2 Nine Mile Creek (BL to LS) 11.45 7.1 Nine Mile Creek (East) 13.51 3.3 Nine Mile Creek (North) 11.86 2.7 Nine Mile Creek (West) 20.79 27.3 Purgatory Creek (Edenvale) 5.02 11.5 Purgatory Creek (Main) 7.79 51.9 Purgatory Creek (SL to MNR) 9.62 33.2 Red Rock 19.81 102.5 Rice Marsh 10.56 32.7 Riley Creek (RL to MNR) 7.64 19.4 Riley Creek (RML to RL) 11.40 3.7 Riley 10.16 42.7 Round 31.47 63.3 School 35.18 46.9 Smetana 40.59 115.5 Staring 10.33 49.0 Super Valu 17.45 29.0 Grand Total Mean = 17.6% 1,448.4 “____“ = exceeds 25% for subwatershed Proposed Devia�ons from Model Ordinance and Proposed Offsets Devia�ons from Model Ordinance • No shoreland PUD provisions • Allow some prohibited uses around Natural Environment lakes • No �ered system for PUDs • No CUPs required • Increase impervious limit to 70% on all proper�es not zoned Rural + R-1; 30% limit on proper�es zoned Rural + R-1 Proposed Offsets from Proposed Ordinance • Bluffs extend to end of bluff feature, not to end of shoreland zone • All decks, pa�os, synthe�c turf, and pervious paver-type surfaces are considered impervious • Lots of green/open space owned by City/TRPD/state within shoreland zone • No new controlled access lots • Currently requiring salt and snow storage plans; future chloride reduc�on provisions • Addi�onal site-specific oversight through Vegeta�on Management Plan (VMP) process • Prior VMP approval required for work in/on bluffs, CEs, City property, shorelines, steep slopes • Conserva�on easements over many wetlands/buffers • Larger minimum lot sizes, setbacks, lot widths than required by model ordinance in most zoning districts • No structures (principal or accessory) allowed within en�re bluff setback (not just bluff impact zone) • En�rety of lots touched by shoreland zone are subject to impervious restric�ons • Lot area and width requirements for streams • No guest cotages permited • Addi�onal shoreland fence restric�ons included in City Code Sec�on 9.76. • Impervious surfaces must meet OHWL setbacks (except water-oriented accessory structures) • Prohibit private boat accesses, etc. • Watershed districts oversee riprap, so not widely used Shoreland Analysis 8/11/2025 Of Eden Prairie’s approximately 23,040 acres (36 square miles), about 47.5% (10,944.17 acres) is within the shoreland zone. The 10,944 acres within the shoreland zone are zoned as follows: Zoning Shoreland Area (sf) Percent Zones Public 201,765,933.5 42.32 Lake, PUB, Park & Open Space, City, GC Rural & R1 181,219,618.1 38.01 Rural, R1 All other 93,742,283.5 19.66 TC-C, TC-MU, ROW, RM 2.5, RM 6.5, OFC, N-Com, I- GEN, I-2, C-REG-SER, C-REG, C-HWY, C -COM, A-O DuckLakeRd62101DellRdDellRdValleyViewRd 11015212 PioneerTrl 1StAveW FlyingCloud D r 101 17 14 69 61 1 101 Edenvale BlvdTownLineRdCountyRoad62462 62EdenPrairieRdTechnologyDrTechnologyDrRobertsDrBakerRdPrairieCenterDrValleyView RdMitchellRdMitchellRd AndersonLakesPkwyStaringLakePkwy4160 39 615212 494 Riverview Rd FlyingCloudDrEdenPrairieRd1 4 101 61 83 GleasonRdRowlandRd 62212PrairieCenterDrW78ThStAndersonLakesPkwy6139 169212494 FranloRdOldShakopeeRdW Riverview R dHomewardHillsRd 28 1 101 169 edenprairie.org Publicly Owned Riparian Parcels Publicly Owned Riparian Parcels ²1 inch equals 0.35 miles LegendLegend Riparian Public Porperty DuckLakeRd62101DellRdDellRdValleyViewRd 15212 Pion eerTrl FlyingCloud Dr 61 1 Edenvale BlvdTownLineRdCountyRoad62462 62EdenPrairieRdTechnologyDrTechnologyDrRobertsDrBakerRdPrairieCenterDrValleyView RdMitchellRdMitchellRd AndersonLakesPkwyStaringLakePkwy4160 39 615212 494 Riverview Rd FlyingCloudDrEdenPrairieRd1 4 61 GleasonRdRowlandRd 62212PrairieCenterDrW78ThStAndersonLakesPkwy6139 169212494 FranloRdOldShakopeeRdW Riverview R dHomewardHillsRd1 169 edenprairie.org Protected LandProtected Land ²1 inch equals 0.32 miles LegendLegend Shoreland Buffer Riparian Public Porperty Scenic & Conservation Easements in Buffer Water Features Zoning Districts RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Parks Public Golf Course Water Airport Office Right of Way City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Payment of Claims Item Number: X. Department: Administration / Finance ITEM DESCRIPTION Payment of Claims REQUESTED ACTION Move to approve the payment of claims as submitted (roll call vote). SUMMARY Checks 319861 - 319908 Checks 5003680 - 5004511 Wire Transfers 12028 – 12137 Purchasing Card 12028 ATTACHMENTS Check Register Check Summary City of Eden Prairie Council Check Summary 1/6/2026 Divison Amount Division Amount 000 General Total 274,100 304 Senior Board Total 2,700 100 City Manager Total 1,875 308 E-911 Total 110,105 101 Legislative Total 4,144 309 DWI Forfeiture Total 2,785 102 Legal Counsel Total 41,980 314 Special Investigations Total 55 110 City Clerk Total 481 315 Economic Development Total 1,636,466 111 Customer Service Total 4,065 315 TIF-Lincoln Parc Apts Total 1,800 112 Human Resources Total 1,275 445 Cable PEG Total 50 113 Communications Total 12,579 502 Park Development Total 419 114 Benefits & Training Total 13,558 509 CIP Fund Total 613,475 130 Assessing Total 305 512 CIP Trails Total 9,891 131 Finance Total 2,492 513 CIP Pavement Management Total 203,633 132 Housing and Community Services Total 10 526 Transportation Fund Total 49,256 133 Planning Total 58 539 2020 Improvement Projects Total 484,723 136 Public Safety Communications Total 1,924 543 Police Remodel Total 2,969,160 138 Community Development Admin. Total 58 544 Shady Oak (FCD to Valley View) Total 4,555 150 Park Administration Total 6,130 Total Capital Projects Fund 6,089,072 151 Park Maintenance Total 60,913 153 Organized Athletics Total 326 601 Prairie Village Liquor Total 231,675 154 Community Center Total 55,761 602 Den Road Liquor Total 449,963 155 Beaches Total 842 603 Prairie View Liquor Total 250,961 156 Youth Programs Total 27,935 605 Den Road Building Total 119,717 157 Special Events Total 283 701 Water Enterprise Fund Total 803,395 158 Senior Center Total 5,257 702 Wastewater Enterprise Fund Total 433,504 159 Recreation Administration Total 6,562 703 Stormwater Enterprise Fund Total 105,655 160 Therapeutic Recreation Total 624 Total Enterprise Fund 2,394,870 162 Arts Total 5,225 163 Outdoor Center Total 1,361 000 SAC Total 14,910 168 Art Center Total 1,028 802 494 Commuter Services Total 68,275 180 Police Sworn Total 66,043 807 Benefits Fund Total 1,199,981 184 Fire Total 46,873 809 Investment Fund Total 4,997 186 Inspections Total 4,559 811 Property Insurance Total 4,627 200 Engineering Total 28,098 812 Fleet Internal Service Total 506,529 201 Street Maintenance Total 60,230 813 IT Internal Service Total 366,394 202 Street Lighting Total 163,130 814 Facilities Capital ISF Total 112,562 Total General Fund 900,084 815 Facilities Operating ISF Total 129,397 816 Facilities City Center ISF Total 130,303 301 CDBG Total 13,384 817 Facilities Comm. Center ISF Total 186,006 303 Cemetery Operation Total 4,331 818 Dental Insurance Total 37,026 312 Recycle Rebate Total 1,300 Total Internal Svc/Agency Funds 2,761,007 322 Local Affordable Housing Aid Total 12,497 804 100 Year History Total 4 Total Special Revenue Fund 31,515 Report Total 13,755,214 437 G.O. Perm. Improv. 2010A Total 95,404 440 GO Perm Impr Ref Bonds 2011D Total 238,996 441 2012A G.O. Refunding Bonds Total 899,808 442 2012B G.O. Refund Capital Imp Total 344,458 Total Debt Service Fund 1,578,665 City of Eden Prairie Council Check Register 01/06/26 Amount Vendor Account Description Business Unit Comments 1,516,418 U S BANK Bond Payment Various Debt Funds Debt/Bond Payments 12/01/2025 597,151 WEIDNER PLUMBING & HEATING CO OCS-Other Contracted Services Police Remodel Police Renovation 503,050 WEIDNER PLUMBING & HEATING CO OCS-Other Contracted Services Police Remodel Police Renovation 484,575 GMH ASPHALT CORPORATION Improvement Contracts 2020 Improvement Projects W 70th St East Segment Improvement Project 461,334 PARAVEL TIF Payment TIF-Paravel/Castle Ridge 2nd Half TIF Payment 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee MetCouncil Jan 2026 401,300 HEALTHPARTNERS Insurance Health & Benefits Dec 2025 Premiums 385,689 BKJ LAND COMPANY OCS-Other Contracted Services Capital Maint. & Reinvestment Franlo Trail Reconstruction 365,025 UKG INC Payroll Taxes Health & Benefits PR Period Ending 11.28.25 343,512 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 2nd Half TIF Payment 310,895 ELLIE MULTIFAMILY PROPERTY LLC TIF Payment TIF-Ellie Apartments 2nd Half TIF Payment 265,691 CORE MECHANICAL SERVICES LLC OCS-Other Contracted Services Police Remodel Police Renovation 264,465 U S BANK Bond Payment Water Capital Debt/Bond Payments 12/01/2025 244,695 PUBLIC EMPLOYEES RETIREMENT ASSOC.PERA Health & Benefits PR Period Ending 11.14.25 203,633 NORTHWEST ASPHALT Improvement Contracts CIP Pavement Management Prairie Center Dr Pavement Rehab Project 173,375 FOBBE ELECTRIC INC OCS-Other Contracted Services Police Remodel Police Renovation 167,192 MULCAHY NICKOLAUS LLC OCS-Other Contracted Services Police Remodel Police Renovation 161,122 R.E.C INC Deposits General Fund Return Land Alteration Financial See 154,996 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax Nov25 154,852 RENEW TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 2nd Half TIF Payment 153,664 EBERT CONSTRUCTION OCS-Other Contracted Services Police Remodel Police Renovation 152,554 LOGIS Hardware Maintenance IT Capital EPCC Core, various switch replacements 2025 146,153 BOYER TRUCKS Autos Fleet-Waste Water Truck Chassis for 760 Dump Truck (New) 136,716 WINDSOR PLAZA LLC TIF Payment TIF-Town Center-Windsor Plaza 2nd Half TIF Payment 124,792 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 2nd Half TIF Payment 123,520 XCEL ENERGY Electric Various Funds Multi premise electric 113,569 KRAUS-ANDERSON CONSTRUCTION CO.OCS-Other Contracted Services Police Remodel Police Renovation 112,805 PALADIN TECHNOLOGIES OCS-Other Contracted Services Den Road Building Liquor 3 Camera Replacement 107,891 MOTOROLA OCS-Other Contracted Services E-911 Program NICE - Voice Recorder Hardware Refresh 106,130 CORE MECHANICAL SERVICES LLC OCS-Other Contracted Services Police Remodel Police Renovation 104,872 USB-PURCHASING CARD Various Various Funds Purchasing Card 98,397 MULCAHY NICKOLAUS LLC OCS-Other Contracted Services Police Remodel 91,000 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel 90,443 XCEL ENERGY Electric Various Funds 84,313 KELLINGTON CONSTRUCTION INC OCS-Other Contracted Services Police Remodel 82,725 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel 73,818 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 72,846 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police 68,863 EBERT CONSTRUCTION OCS-Other Contracted Services Police Remodel 64,527 MINNESOTA UTILITIES & EXCAVATING LLC OCS-Other Contracted Services Police Remodel 63,658 VERMONT SYSTEMS, INC Software Maintenance IT Operating 63,021 CONCRETE SCIENCE SERVICES OCS-Other Contracted Services Facilities Capital 62,248 UNITED STATES TREASURY Paying Agent Debt Funds Arbitrage Rebate GO Refunding Bonds 2020A 60,686 AMERICAN ENVIRONMENTAL LLC Improvement Contracts Stormwater Capital 60,450 TRENCHERS PLUS INC Machinery & Equipment Fleet-Park & Rec 57,940 MINNESOTA DEMOLITION COMPANY LLC OCS-Other Contracted Services Police Remodel 56,810 JTA BUILDERS LLC OCS-Other Contracted Services Police Remodel Amount Vendor Account Description Business Unit Comments56,287 PETERSON COMPANIES OCS-Other Contracted Services Police Remodel 55,331 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 54,216 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 54,196 PETERSON COMPANIES OCS-Other Contracted Services Police Remodel 53,480 BLAKEBOROUGH HARDSCAPES OCS-Other Contracted Services Capital Maint. & Reinvestment 50,710 CORE & MAIN OCS-Equipment/Vehicles Water Distribution 50,375 INDIGO SIGNWORKS, INC.OCS-Other Contracted Services Capital Maint. & Reinvestment 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations-General 45,724 AVOLVE SOFTWARE Software Maintenance IT Capital 43,291 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 42,646 EGAN COMPANY Improvement Contracts Transportation Fund 42,619 HAMBURG BUILDERS GROUP LLC OCS-Other Contracted Services Capital Maint. & Reinvestment 41,563 SUMMIT FIRE PROTECTION OCS-Other Contracted Services Police Remodel 40,804 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 40,499 THE WINDOW GUYS, LLC OCS-Other Contracted Services Facilities Capital 38,649 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council 38,314 VOYA Deferred Compensation Health & Benefits 37,013 EXCEL LAWN & LANDSCAPE OCS-Snow Removal Various Funds 36,291 XCEL ENERGY Electric Various Funds 34,776 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 34,444 UKG INC Software Maintenance IT Operating 33,860 MN MECHANICAL SOLUTIONS INC OCS-Equipment/Vehicles Water Treatment 31,519 METROPOLITAN AIRPORTS COMMISSION Other Rentals Flying Cloud Fields 28,917 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 28,603 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police 27,945 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 27,087 GUARDIAN FLEET SAFETY LLC Autos Fleet-Fire 26,857 UNITED GLASS, INC OCS-Other Contracted Services Police Remodel 26,844 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits 26,746 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds 26,648 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 26,620 GUARDIAN FLEET SAFETY LLC Autos Fleet-Fire 25,608 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 24,786 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Liquor Funds 24,571 WALL TRENDS INC OCS-Building Various Funds 24,433 PRIOR LAKE BLACKTOP, INC OCS-Other Contracted Services Water Capital 24,379 CENTERPOINT ENERGY Gas Various Funds 24,202 BKV GROUP OCS-Other Contracted Services Police Remodel 24,082 GRAYMONT Chemicals Water Treatment 24,037 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 23,750 MINNESOTA UTILITIES & EXCAVATING LLC OCS-Other Contracted Services Police Remodel 23,750 KELLINGTON CONSTRUCTION INC OCS-Other Contracted Services Police Remodel 23,519 HOUSTON ENGINEERING INC Design & Engineering Engineering 23,461 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 22,370 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 22,304 VALLEY RICH CO INC OCS-Equipment/Vehicles Water Distribution 21,678 ACTION FLEET INC Autos Fleet-Police 21,375 SUMMIT FIRE PROTECTION OCS-Other Contracted Services Police Remodel 20,919 JRK STEEL INC OCS-Other Contracted Services Police Remodel 20,559 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 20,450 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds Amount Vendor Account Description Business Unit Comments20,408 J&L STEEL ERECTORS LLC OCS-Other Contracted Services Police Remodel 19,905 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 19,825 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 19,305 ADVANCED ENGINEERING & ENVIROMENTAL SERV Process Control Services Water Capital 19,025 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 18,795 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor 18,022 WEX Health Savings Account Health & Benefits 17,922 WARNING LITES Contracted Striping Traffic Signs 17,849 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor 17,408 WSB & ASSOCIATES INC Design & Engineering Stormwater Capital 17,286 VAN PAPER COMPANY Cleaning Supplies Various Funds 17,130 WEX Health Savings Account Health & Benefits 16,785 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 16,697 STREICHERS Capital Under $25,000 Capital Maint. & Reinvestment 16,109 ABM INDUSTRY GROUPS, LLC Janitor Services Various Funds 16,051 CIRCUITWORKS POWER PROTECTION LLC Computers Water Capital 16,029 GRAYMONT Chemicals Water Treatment 15,926 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 15,839 HYDROCORP Improvement Contracts Water Capital 15,656 METROPOLITAN COUNCIL Due to Other Governments SAC Fund 15,374 PAYCHEX Wages & Benefits 494 Corridor Commission 15,051 PAYCHEX Wages & Benefits 494 Corridor Commission 15,041 BRIDGEWATER BANK TIF Payment TIF-Trail Point Ridge 14,696 PAYCHEX Wages & Benefits 494 Corridor Commission 14,459 WEX Health Savings Account Health & Benefits 14,432 YOUNGSTEDTS COLLISION CENTER OCS-Equipment/Vehicles Fleet Operating 14,231 J&L STEEL ERECTORS LLC OCS-Other Contracted Services Police Remodel 13,972 HULS BROKERAGE INC Lime Residual Removal Water Treatment 13,907 BADGER METER Telephone Water Metering 13,897 CARD CONNECT Credit Card/Bank Fees Various Funds 13,706 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds 13,454 CATALYST GRAPHICS INC Printing Communications 13,283 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 12,665 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 12,269 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 12,078 TOTAL MECHANICAL SERVICES OCS-HVAC General Community Center 11,885 SAMANTHA COLLINS OCS-Other Contracted Services Local Affordable Housing Aid 11,844 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 11,780 WALL TRENDS INC OCS-Building Various Funds 11,762 ABM INDUSTRY GROUPS, LLC Janitor Services Various Funds 11,638 CENTERPOINT ENERGY Gas Various Funds 11,464 JSW EMBROIDERY & TACKLE TWILL Clothing & Uniforms Various Funds 11,369 GOVERNMENTJOBS.COM INC OCS-Other Contracted Services Police Sworn 11,256 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 11,147 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds 10,933 ST. PAUL PORT AUTHORITY Deposits General Fund 10,652 USTA NORTHERN Instructor Services Recreational Sports 10,594 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital 10,496 HORIZON COMMERCIAL POOL SUPPLY R&M Supplies-Other Pool Maintenance 10,409 HEALTHPARTNERS Insurance Dental Insurance 10,287 ASSURED SECURITY OCS-Other Contracted Services Water Supply (Wells) Amount Vendor Account Description Business Unit Comments10,248 HOUSTON ENGINEERING INC OCS-Other Contracted Services CIP Trails 10,092 SCOTT COUNTY Autos Fleet-Water 10,000 ADVANCED FIRST AID INC Safety Supplies Park Maintenance 9,619 MINNESOTA LIFE INSURANCE COMPANY 9,523 WSB & ASSOCIATES INC 9,368 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 9,342 MANSFIELD OIL COMPANY 9,325 CHASE 9,234 REVOLUTIONARY SPORTS, LLC 9,151 PHILLIPS WINE AND SPIRITS INC 9,018 HEALTHPARTNERS 8,905 JOHNSON BROTHERS LIQUOR CO 8,880 METRO ELEVATOR 8,745 WINE MERCHANTS INC 8,680 TAPCO 8,335 WATER CONSERVATION SERVICES INC 8,284 FLOOR COVERINGS INTL OF DAKOTA COUNTY 8,113 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 8,104 ASTLEFORD EQUIPMENT COMPANY INC 8,055 AERG GTS PHASE 1 LLC 8,032 CAPITOL BEVERAGE SALES LP 8,000 BIANCHINI DANIELA 7,963 GRAYMONT 7,923 GRAYMONT 7,903 CAPITOL BEVERAGE SALES LP 7,850 PHILLIPS WINE AND SPIRITS INC 7,718 POMP'S TIRE SERVICE INC 7,652 BELLBOY CORPORATION 7,482 ABM INDUSTRY GROUPS, LLC 7,459 HOHENSTEINS INC 7,423 BROTHERS FIRE PROTECTION 7,340 US SITEWORK 7,260 TRACKER 7,234 SYMETRA LIFE INSURANCE COMPANY 7,143 ARTISAN BEER COMPANY 7,140 BPAS 7,013 BREAKTHRU BEVERAGE MN WINE & SPIRITS 6,999 EPFSC 6,831 FIRE SAFETY USA INC 6,559 PAUSTIS & SONS COMPANY 6,547 WEX 6,500 PLAN IT SOFTWARE LLC 6,449 PHILLIPS WINE AND SPIRITS INC 6,426 EARL F ANDERSON 6,310 PRO TREE OUTDOOR SERVICES 6,224 LYNDALE PLANT SERVICES 6,218 METRO SALES INCORPORATED* 6,105 NOVACARE REHABILITATION 6,089 SUBURBAN CHEVROLET 6,029 WM MUELLER AND SONS INC 6,000 ETHICAL LEADERS IN ACTION LLC Amount Vendor Account Description Business Unit Comments5,938 CYCLONAIRE CORPORATION 5,926 DAKOTA SUPPLY GROUP INC 5,836 HEALTHPARTNERS 5,820 CHARGEPOINT 5,754 ARTISAN BEER COMPANY 5,724 PRAIRIE ELECTRIC COMPANY 5,722 HEALTHPARTNERS 5,701 BEACON ATHLETICS LLC 5,684 ZOHO CORPORATION 5,670 PRECISION UTILITIES 5,650 LAW ENFORCEMENT LABOR SERVICES INC. 5,628 BRYAN ROCK PRODUCTS INC 5,577 LAW ENFORCEMENT LABOR SERVICES INC. 5,520 HOHENSTEINS INC 5,483 JOHN HENRY FOSTER MINNESOTA INC 5,463 WINE MERCHANTS INC 5,413 HENNEPIN COUNTY TREASURER 5,400 DAILEY DATA & ASSOCIATES 5,379 MINNEAPOLIS GLASS COMPANY 5,098 MUSIC TOGETHER IN THE VALLEY LLC 5,097 VERIZON WIRELESS 5,033 POMP'S TIRE SERVICE INC 5,029 ASCENTEK, INC 5,011 HEALTHPARTNERS 5,000 EXPRESSIVE! 4,997 PFM ASSET MANAGEMENT LLC 4,961 MADISON NATIONAL LIFE INSURANCE CO INC 4,959 DG MINNESOTA CS 2021 LLC 4,928 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,895 TRAFFIC CONTROL CORPORATION 4,804 HEALTHPARTNERS 4,748 ASPEN MILLS 4,745 STREICHERS 4,703 SRF CONSULTING GROUP INC 4,689 ARTISAN BEER COMPANY 4,672 ARTISAN BEER COMPANY 4,636 WINE MERCHANTS INC 4,627 LEAGUE MN CITIES INS TRUST 4,600 CASTRO CLEANING LLC 4,595 ABM EQUIPMENT LLC 4,585 BROTHERS FIRE PROTECTION 4,570 SAMBATEK INC 4,466 HOHENSTEINS INC 4,364 W W GOETSCH ASSOCIATES INC 4,314 T-MOBILE 4,268 NAC MECHANICAL AND ELETRICAL SERVICES 4,246 PARKITECT 4,190 XIGENT SOLUTIONS LLC 4,159 BRAUN INTERTEC CORPORATION 4,155 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,135 PRECISION UTILITIES Amount Vendor Account Description Business Unit Comments4,132 SYMETRA LIFE INSURANCE COMPANY 4,090 HOHENSTEINS INC 4,089 K-TECH SPECIALTY COATINGS, INC 4,051 U.S. BANK - I-494 PURCH. CARD 4,042 TRANSPORTATION COLLABORATIVE & CONSULTAN 3,991 CLEAR RIVER BEVERAGE CO 3,936 IMPACT PROVEN SOLUTIONS 3,886 T-MOBILE/INSITE RE INC 3,857 STANTEC CONSULTING SERVICES INC 3,802 MINNESOTA VALLEY ELECTRIC COOPERATIVE 3,739 STREICHERS 3,724 GOODPOINT TECHNOLOGY INC 3,723 BASELINE INC 3,664 TRUE NORTH CONSULTING GROUP 3,662 SHORT ELLIOTT HENDRICKSON INC 3,648 CONCRETE CUTTING AND CORING 3,560 INVOICE CLOUD INC 3,521 WM CORPORATE SERVICES INC 3,514 PRAIRIE ELECTRIC COMPANY 3,505 FERGUSON WATERWORKS 3,463 HORIZON COMMERCIAL POOL SUPPLY 3,400 WM CORPORATE SERVICES INC 3,341 HOME DEPOT CREDIT SERVICES 3,333 LOCKRIDGE GRINDAL NAUEN PLLP 3,264 TED'S CHRISTMAS LIGHTING 3,215 ACTION OVERHEAD GARAGE DOOR LLC 3,187 KRISS PREMIUM PRODUCTS INC 3,179 PAUSTIS & SONS COMPANY 3,169 PURCHASE POWER 3,136 HAMMER COMMUNITY SOLAR LLC 3,089 SSI ABS-2025-1 PROJECT HOLDINGS LLC 3,086 ARTISAN BEER COMPANY 3,074 VAN PAPER COMPANY 3,050 SUBURBAN WILDLIFE CONTROL INC 3,043 R & R SPECIALTIES OF WISCONSIN 3,040 SUPER SET FLOORING & TILE LLC 3,000 WOLD ARCHITECTS AND ENGINEERS 2,998 BLOOMINGTON, CITY OF 2,987 CATALYST GRAPHICS INC 2,950 DH EXCAVATING 2,950 EXCEL LAWN & LANDSCAPE 2,925 AMERICAN ENVIRONMENTAL LLC 2,915 WALL TRENDS INC 2,915 LANDBRIDGE ECOLOGICAL 2,907 CENTERPOINT ENERGY 2,844 GREAT LAKES COCA-COLA DISTRIBUTION 2,839 PHILLIPS WINE AND SPIRITS INC 2,837 CLEAR RIVER BEVERAGE CO 2,816 STREICHERS 2,791 GUNNAR ELECTRIC CO INC 2,785 ADESA MPLS Amount Vendor Account Description Business Unit Comments2,769 VINOCOPIA 2,750 NATURAL SHORE TECHNOLOGIES INC 2,746 LAWBURNER 2,703 PRAIRIE ELECTRIC COMPANY 2,609 CLEAR RIVER BEVERAGE CO 2,591 SRF CONSULTING GROUP INC 2,501 HOHENSTEINS INC 2,500 H M CRAGG CO 2,497 LORNA SHEVLIN 2,439 ARVIG 2,408 BELLBOY CORPORATION 2,387 UNIVERSITY OF ST. THOMAS 2,383 BELLBOY CORPORATION 2,352 WINEBOW 2,345 BCM ONE 2,341 WEX 2,330 MARTIN MARIETTA MATERIALS 2,324 PAUSTIS & SONS COMPANY 2,300 FOREST SAFETY INSTRUCTION 2,295 WEX 2,286 FORCE AMERICA 2,276 BELLBOY CORPORATION 2,240 PERA 2,238 LANDS END CORPORATE SALES 2,215 ZIEGLER INC 2,200 HENNEPIN HEALTHCARE 2,200 OSTVIG TREE INC 2,195 PERA 2,192 FIRE SAFETY USA INC 2,189 MARS SUPPLY 2,179 HACH COMPANY 2,166 GREAT LAKES COCA-COLA DISTRIBUTION 2,160 3SI SECURITY SYSTEMS INC 2,146 PERA 2,143 JOHN A DALSIN & SON INC 2,133 DREW'S CONCESSIONS LLC 2,123 PAUSTIS & SONS COMPANY 2,120 MINNESOTA AIR INC 2,108 CUSTOM HOSE TECH 2,102 EMERALD ELEMENTS 2,096 BERRY COFFEE COMPANY 2,053 WM MUELLER AND SONS INC 2,046 SYSCO WESTERN MINNESOTA 1,986 IDEAL SERVICE INC 1,955 SYSCO WESTERN MINNESOTA 1,945 ACME TOOLS 1,943 WINE COMPANY, THE 1,935 GREAT LAKES COCA-COLA DISTRIBUTION 1,928 VINOCOPIA 1,919 GREAT LAKES COCA-COLA DISTRIBUTION 1,907 WINE MERCHANTS INC Amount Vendor Account Description Business Unit Comments1,898 WINE MERCHANTS INC 1,884 MOBOTREX INC 1,877 HEALTHPARTNERS OCCUPATIONAL MEDICINE 1,870 BARNA, GUZY & STEFFEN ,LTD 1,859 MENARDS 1,804 SUBZERO EXTERIOR CLEANERS 1,800 CENTER FOR ENERGY AND ENVIRONMENT 1,800 OMEGA EXTERIORS 1,788 WEX 1,779 SOLDO CONSULTING PC 1,768 EHLERS & ASSOCIATES INC 1,754 CORE & MAIN 1,752 EMERGENCY TECHNICAL DECON 1,738 EHLERS & ASSOCIATES INC 1,697 MGX EQUIPMENT SERVICES LLC 1,687 MENARDS 1,679 STANTEC CONSULTING SERVICES INC 1,673 BRAUN INTERTEC CORPORATION 1,672 SYSCO WESTERN MINNESOTA 1,667 LEXISNEXIS RISK SOLUTIONS FL INC 1,666 MENARDS 1,652 WINEBOW 1,636 GENUINE PARTS COMPANY 1,619 VINOCOPIA 1,618 FIDELITY SECURITY LIFE INSURANCE CO 1,580 DINGES FIRE COMPANY 1,574 AIRGAS USA LLC 1,555 TWIN CITIES DOTS AND POP LLC 1,546 WINE COMPANY, THE 1,507 METRO SALES INCORPORATED* 1,502 SCHLOMKA SERVICES LLC 1,500 ETHICAL LEADERS IN ACTION LLC 1,500 SYSCO WESTERN MINNESOTA 1,498 WINEBOW 1,497 VINOCOPIA 1,492 LAKE COUNTRY DOOR LLC 1,482 THREE RIVERS PARK DISTRICT 1,468 YORKTOWN OFFICES 1,457 NARAYANAN PG 1,451 MAVERICK WINE LLC 1,441 SSI ABS-2025-1 PROJECT HOLDINGS LLC 1,425 FORCE AMERICA 1,403 PRECISE MRM LLC 1,400 TRAFFIC CONTROL CORPORATION 1,379 MODIST BREWING COMPANY 1,375 LEGACY GYMNASTICS 1,365 AIRGAS USA LLC 1,341 WM MUELLER AND SONS INC 1,331 PAUSTIS & SONS COMPANY 1,318 JANEX INC 1,310 BATTERIES PLUS BULBS Amount Vendor Account Description Business Unit Comments1,308 LOGIS 1,308 CLEAR RIVER BEVERAGE CO 1,304 AIRGAS USA LLC 1,302 WINEBOW 1,302 CLAREY'S SAFETY EQUIPMENT 1,302 MARSHALL'S FARM MARKET 1,300 JOSHUA ZANGL 1,300 TNC INDUSTRIES INC 1,286 MULCAHY COMPANY INC 1,260 LEAST SERVICES COUNSELING 1,245 ASPEN MILLS 1,231 TWIN CITIES DOTS AND POP LLC 1,227 DEALER AUTOMOTIVE SERVICES INC 1,217 ISC COMPANIES INC 1,211 MARLENE PINCK 1,208 UKG INC 1,200 THE ADVENT GROUP 1,195 IDEXX DISTRIBUTION CORP 1,170 TRAFERA LLC 1,170 INNOVATIVE GRAPHICS 1,159 WINE COMPANY, THE 1,154 GENUINE PARTS COMPANY 1,148 MARCO INC 1,146 AMERICAN PRESSURE INC 1,140 EMERALD ELEMENTS 1,124 LAKE COUNTRY DOOR LLC 1,119 MEGA BEER 1,115 GUARDIAN FLEET SAFETY LLC 1,110 WEX 1,109 KODIAK CUSTOM LETTERING 1,107 TREVIPAY 1,078 PRYES BREWING COMPANY 1,076 GLOBAL RESERVE LLC 1,035 GRAINGER 1,032 ESS BROTHERS & SONS INC 1,021 WINZER 1,012 BARREL THEORY BEER COMPANY 1,008 LITTLE FALLS MACHINE INC 1,007 SUMMER LAKES BEVERAGE LLC 1,000 GILES OUTDOOR SERVICES LLC 1,000 US SITEWORK INC 1,000 US SITEWORK INC 1,000 FEHN COMPANIES 999 AMERICAN EXPRESS 994 FLYING CLOUD TRANSFER STATION 4553 980 READY WATT ELECTRIC 977 UNMAPPED BREWING CO 966 DOMACE VINO LLC 962 GRAINGER 962 WINE COMPANY, THE 958 WEX Amount Vendor Account Description Business Unit Comments956WEX 927 MINNESOTA DEPT OF REVENUE 927 WEX 927 WEX 922 MINNESOTA AIR INC 921 BARREL THEORY BEER COMPANY 919 SIGN SOLUTIONS USA 911 CDW GOVERNMENT INC. 911 VENN BREWING COMPANY 910 RED BULL DISTRIBUTING COMPANY INC 908 JOHN HENRY FOSTER MINNESOTA INC 907 ALTERNATIVE BUSINESS FURNITURE INC 905 WAYNES HOME SERVICES 903 ROADKILL ANIMAL CONTROL 900 USA SECURITY 898 MINNESOTA AIR INC 897 NEW FRANCE WINE COMPANY 879 MONTAGE ENTERPRISES INC 878 ROTO-ROOTER 875 INTERNATIONAL UNION OF OPERATING 875 INTERNATIONAL UNION OF OPERATING 875 INTERNATIONAL UNION OF OPERATING 866 STEEL TOE BREWING LLC 854 STEEL TOE BREWING LLC 844 ABRAMOVICH GENNADIY 843 SSI ABS-2025-1 PROJECT HOLDINGS LLC 841 ASSURED SECURITY 840 BARREL THEORY BEER COMPANY 822 GERBER, SCOTT 822 FASTENAL COMPANY 820 METRO ELEVATOR 820 T-MOBILE 810 MADDEN, GALANTER, HANSEN PLLC 806 GOPHER STATE ONE-CALL 802 KIESLER POLICE SUPPLY INC. 801 FLT EDENVALE 7J MISSION SOCIAL LLC 800 MARTIN-MCALLISTER 793 BATTERIES PLUS BULBS 790 WILSFORD JAMES 775 GREAT OAKS 2ND LLC 769 FIRE SAFETY USA INC 762 MODIST BREWING COMPANY 760 BOURGET IMPORTS 760 HENNEPIN COUNTY TREASURER 760 GLOBAL RESERVE LLC 759 DOMACE VINO LLC 756 FLAGSHIP RECREATION 754 DODGE OF BURNSVILLE 753 THE ADVENT GROUP 748 MEGA BEER 746 VENN BREWING COMPANY Amount Vendor Account Description Business Unit Comments742AM CRAFT SPIRITS SALES & MARKETING 740 AERO DRAPERY AND BLIND 735 SOLUTION BUILDERS 732 ASPEN MILLS 708 WEX 707 HAAK LORI 706 TALKPOINT TECHNOLOGIES INC 706 CINTAS CORPORATION 705 CEMSTONE PRODUCTS COMPANY 705 WEX 700 THE ADVENT GROUP 691 JOHNSON JUSTIN 691 JOHNSON JUSTIN 684 POMP'S TIRE SERVICE INC 670 METROPOLITAN FORD 670 BARREL THEORY BEER COMPANY 669 STAPLES ADVANTAGE 665 GRAINGER 662 ST CROIX LINEN LLC 633 DANGEROUS MAN BREWING 626 PRINCIPAL FINANCIAL GROUP 620 T-MOBILE 618 BRYAN ROCK PRODUCTS INC 615 US BANK 612 BACK CHANNEL BREWING COLLECTIVE LLC 605 BERRY COFFEE COMPANY 602 MARTIN MARIETTA MATERIALS 600 LOCAL 5539 EDEN PRAIRIE 598 STEEL TOE BREWING LLC 597 STANTEC CONSULTING SERVICES INC 595 A CLEAR SOLUTION AUTO GLASS REPAIR 594 MINNESOTA CHIEFS OF POLICE ASSOC 592 PMA FINANCIAL NETWORK INC 592 UKG INC 587 TINA BOX 586 BACK CHANNEL BREWING COLLECTIVE LLC 580 ACME TOOLS 579 BATTERIES PLUS BULBS 577 WEX 576 DOMACE VINO LLC 574 STREICHERS 570 TRUE BRANDS 564 DOMACE VINO LLC 564 GLOBAL RESERVE LLC 562 PROPIO LS LLC 553 CENTURYLINK 545 JASPER ENGINEERING & EQUIPMENT COMPANY 544 BOURGET IMPORTS 543 THE OASIS GROUP 542 FASTENAL COMPANY 535 MHSRC/RANGE Amount Vendor Account Description Business Unit Comments533BERGMAN LEDGE LLC 531 US BANK - CREDIT CARD MERCHANT ONLY 528 MOBOTREX INC 520 MINNESOTA VALLEY ELECTRIC COOPERATIVE 519 GRAINGER 512 TRUE BRANDS 512 PHILIP JENKINS 511 HOME DEPOT CREDIT SERVICES 510 EMERALD ELEMENTS 509 MAVERICK WINE LLC 504 MEGA BEER 502 PAFFY'S PEST CONTROL 500 SCOTT COUNTY TREASURER 500 BPAS 500 JIXXIE INC 499 ACME TOOLS 488 EDINA FIREFIGHTERS LOCAL 1275 487 WOODEN HILL BREWING COMPANY LLC 482 MENARDS 480 HENNEPIN COUNTY TREASURER 480 QUALITY PROPANE 472 BATTERIES PLUS BULBS 462 NEW FRANCE WINE COMPANY 456 MODIST BREWING COMPANY 454 MAVERICK WINE LLC 450 PETERSON COUNSELING AND CONSULTING LLC 444 DIVERSE BUILDING MAINTENANCE 442 NEW FRANCE WINE COMPANY 433 GREGERSON ROSOW JOHNSON & NILAN LTD 429 COLLINS BROTHERS TOWING 427 NUTIFAFA YAKOR 425 MN RURAL WATER ASSOCIATION 420 ESTRINE, ROBERT 419 HEADFLYER BREWING 416 UNMAPPED BREWING CO 414 TRUE BRANDS 412 DANGEROUS MAN BREWING 412 MENARDS 407 HORNER, GAIL 406 56 BREWING LLC 405 CONCRETE CUTTING AND CORING 405 PETTY CASH-POLICE DEPT 404 TREVIPAY 403 PUNTON, JASON 402 MODIST BREWING COMPANY 400 AMERICAN RED CROSS 400 LOCAL 5539 EDEN PRAIRIE 395 OSI BATTERIES 395 VESTIS SERVICES LLC 393 HORIZON COMMERCIAL POOL SUPPLY 391 INVOICE CLOUD INC Amount Vendor Account Description Business Unit Comments390IDEAL SERVICE INC 387 JUNKYARD BREWING COMPANY LLC 385 ACROSS THE STREET PRODUCTIONS 385 ACROSS THE STREET PRODUCTIONS 384 FACTORY MOTOR PARTS COMPANY 380 ACTION FLEET INC 375 THE ADVENT GROUP 369 PROPIO LS LLC 368 SHAMROCK GROUP, INC - ACE ICE 367 DANGEROUS MAN BREWING 366 EDINA FIREFIGHTERS LOCAL 1275 357 WEX 356 POMP'S TIRE SERVICE INC 343 BOURGET IMPORTS 339 BERGMAN LEDGE LLC 338 SMALL LOT MN 333 WEX 330 COREMARK METALS 328 BARR ENGINEERING COMPANY 325 56 BREWING LLC 324 BRIAN MCCARTY 324 WINE COMPANY, THE 322 DIGI-KEY 322 US LEGACY PROMOTIONS 316 FIRE SAFETY USA INC 315 BOLTON & MENK INC 314 INBOUND BREW CO 310 LUCE LINE BREWING CO LLC 307 TRANSUNION RISK & ALTERNATIVE DATA 304 GLOBAL RESERVE LLC 304 RIGID HITCH INCORPORATED 303 DELTA DENTAL 303 FASTENAL COMPANY 300 MUEHLBAUER, THOMAS G 300 BLUE AND BROWN BACKGROUNDS LLC 299 CEF EP COMMUNITY SOLAR LLC 295 UKG INC 293 OPTUM HEALTH 290 JOEL SWANSON 290 HEARTLAND BUSINESS SYSTEMS LLC 289 ARCPOINT LABS OF EDINA 288 BARREL THEORY BEER COMPANY 283 WEX 283 STANLEY GRIN 280 VESTIS SERVICES LLC 280 AMERICAN RED CROSS 280 AMERICAN RED CROSS 278 ECM PUBLISHERS INC 278 JIXXIE INC 274 COMCAST 273 SOCIABLE CIDER WERKS LLC Amount Vendor Account Description Business Unit Comments272WEX 270 EMERALD ELEMENTS 266 LANO EQUIPMENT INC 265 ST. ANDREW LUTHERAN CHURCH 259 I-STATE TRUCK CENTER 258 BATTERIES PLUS BULBS 253 PREMIUM WATERS INC 252 VANCO SERVICES 250 MINT CONDITION DETAILING INC 250 DIRECTV 249 VESTIS SERVICES LLC 248 KEITH BANDLE 246 STALKER RADAR 244 US BANK - PAYMODE 240 GLOBAL RESERVE LLC 240 JUNKYARD BREWING COMPANY LLC 240 MINNESOTA SECRETARY OF STATE - NOTARY 240 LINDEMAN BRETT 238 WEX 234 CRYSTEEL TRUCK EQUIPMENT 230 LANO EQUIPMENT INC 230 WOODEN HILL BREWING COMPANY LLC 230 EMERGENCY TECHNICAL DECON 228 JUNKYARD BREWING COMPANY LLC 228 FREIBERG MARK 228 CASE, RON 228 MGX EQUIPMENT SERVICES LLC 227 JOHN FOCHT 227 FERGUSON ENTERPRISES LLC 227 SHAMROCK GROUP, INC - ACE ICE 227 STAPLES ADVANTAGE 222 JIXXIE INC 222 MINNETONKA COMMUNITY EDUCATION 220 VENKATESWARLU KOTA 220 NARAYANAN GOPALAKRISHNAN 220 IACP 214 TSCHING DOLMA 214 CASE, RON 213 GERTENS 213 COMCAST 210 SMALL LOT MN 206 YOUTH HOCKEY HUB 205 STACY BETTISON 204 MR CUTTING EDGE 203 ARVIG ENTERPRISES INC 200 CRIME STOPPERS OF MINNESOTA 200 ASPEN MILLS 197 SCHULZE, CARTER 197 SMALL LOT MN 195 GAVIN BJORKLUND 195 WENANDE BRANDON Amount Vendor Account Description Business Unit Comments194JACOB KINGSTON 190 HACKAMORE BREWING COMPANY LLC 188 CHARLES PETERSON 188 DANGEROUS MAN BREWING 186 CENTURYLINK 185 INSIGHT BREWING COMPANY LLC 184 DANGEROUS MAN BREWING 181 SHAMROCK GROUP, INC - ACE ICE 181 RED BULL DISTRIBUTING COMPANY INC 180 URBAN GROWLER BREWING COMPANY LLC 180 HENNEPIN COUNTY TREASURER 180 PAYA 179 HENNEPIN COUNTY TREASURER 179 INSIGHT BREWING COMPANY LLC 179 VESTIS SERVICES LLC 179 VESTIS SERVICES LLC 177 ROGER BETSINGER 177 VINOCOPIA 177 CINTAS CORPORATION #470 172 TIMESAVER OFF SITE SECRETARIAL INC 167 AIM ELECTRONICS 159 SHAMROCK GROUP, INC - ACE ICE 159 PROP - PR 159 PROP - PR 159 PROP - PR 159 ERIC ELLEFSON 159 MINNESOTA FIRE SERVICE CERTIFICATION BOA 157 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 157 MICHELLE THOMAS 156 MINNESOTA ICE SCULPTURES LLC 155 OFFICE OF MN IT SERVICES 154 STEEL TOE BREWING LLC 153 O'ROURKE, MATTHEW 153 ECM PUBLISHERS INC 152 GRAINGER 151 BORG, STEVE 151 ALBERT, MICHAEL 150 JIM MEYERS 150 HEIDI QUIRK 150 ERICA AMUNDSON 150 HAGGARD BARREL BREWING COMPANY LLC 150 EMMA SZYMANSKI 150 ENR 148 TOOMEY LISA 148 GETSCHOW, RICK 145 A TO Z RENTAL 142 WEX 141 DAXKO LLC 140 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 140 MPPOA 139 MINNESOTA CLAY CO. USA Amount Vendor Account Description Business Unit Comments138I-STATE TRUCK CENTER 137 MAVERICK WINE LLC 136 MONTGOMERY BREWING COMPANY LLC 134 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 134 COMCAST 132 PARLEY LAKE WINERY 131 MR CUTTING EDGE 128 WARNER BONITA 127 METROPOLITAN FORD 126 MEGA BEER 125 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC 125 JOHN NOREN 125 BOSACKER MIKE 125 LEONARD, MICHELLE 125 WEX 124 MONTGOMERY BREWING COMPANY LLC 124 SOLUTION BUILDERS 124 SHAMROCK GROUP, INC - ACE ICE 122 STERICYCLE INC 121 SARAH KORENCHEN 119 WOODEN HILL BREWING COMPANY LLC 119 COMCAST 118 COMCAST 117 HEINRICHS ERICA 117 ALEXANDER RECHKIN 117 COMCAST 117 BLAKE SOREM 117 SCOTT NOTMAN 112 CONCRETE CUTTING AND CORING 112 PAULA LEGAND 110 KONETCHY PROPERTIES LLC 110 CURT DAHLEN 110 BILL HOTTEL 110 MATTHEW KRAUS 107 MINNESOTA ICE SCULPTURES LLC 107 NEW FRANCE WINE COMPANY 106 UPS SUPPLY CHAIN SOLUTIONS 103 COMCAST 102 INBOUND BREW CO 102 WEX 102 JOHN HOFFMAN 100 ALEX CARLSTEDT 100 KATHERINE CRAMER 100 VINCE DALEIDEN-FOLEY 99 CARLSTON, BRANDON 98 A TO Z RENTAL CENTER 97 COMCAST 97 COMCAST 97 I-STATE TRUCK CENTER 95 PDCM/DDP 95 WEX Amount Vendor Account Description Business Unit Comments94JAKOBSDOTTIR MARGRET 92 PETTY CASH-EPCC 92 KATHLEEN HAYDEN 92 MICHAEL MULVEHILL 90 COMCAST 90 COMCAST 90 TRI-COUNTY LAW ENFORCEMENT ASSOCIATION 88 FACTORY MOTOR PARTS COMPANY 87 PAYCHEX 87 PAYCHEX 87 PAYCHEX 86 AM CRAFT SPIRITS SALES & MARKETING 86 BOB PETERSON 85 CITI-CARGO & STORAGE CO, INC 84 MCDONALD CONSTRUCTION LLC 82 SUEDBECK CARRIE 81 OFFICE OF MN IT SERVICES 79 RIGID HITCH INCORPORATED 76 COMCAST 76 PILGRIM DRY CLEANERS INC 76 BOUND TREE MEDICAL LLC 76 OLSON, ROBERT 75 MINNESOTA FIRE SERVICE CERTIFICATION BOA 71 CULLIGAN BOTTLED WATER 70 LOES OIL COMPANY 67 DAVID KIMBALL 64 SOCIABLE CIDER WERKS LLC 62 CHRIS KWOK 61 JOANN MIRAGLIA 61 PRAIRIE LAWN AND GARDEN 60 MPX GROUP, THE 60 MPX GROUP, THE 60 NYGAARD NICHOLAS 60 GETSCHOW, RICK 59 UNMAPPED BREWING CO 58 VINAYAK SAKHARKAR 58 ROCKEY, JOSH 58 CHRISTOPHER RAGAIN 57 WAYTEK INC 55 CHC CREATING HEALTHIER COMMUNITIES 55 CHC CREATING HEALTHIER COMMUNITIES 55 CHC CREATING HEALTHIER COMMUNITIES 55 JOHNSTONE SUPPLY 51 MINNESOTA TROPHIES & GIFTS 51 CUB FOODS EDEN PRAIRIE 50 HIBAH HASSAN 50 MN-LEAP 50 EDINA, CITY OF 50 ECM PUBLISHERS INC 48 HIGHWAY 5 BP 48 KOLBY VEENSTRA Amount Vendor Account Description Business Unit Comments48TWIN CITY SEED CO 46 RICK ROTHERHAM 46 SHRED RIGHT 43 DELEGARD TOOL CO 42 MINNESOTA TROPHIES & GIFTS 39 DEBRA JOHNSON 38 WEX 37 ADAM ONASANYA 37 CRASSAS TRACIE 36 CUB FOODS EDEN PRAIRIE 35 WEX 35 WEX 34 COMCAST 33 EDEN PRAIRIE CRIME PREVENTION FUND 33 EDEN PRAIRIE CRIME PREVENTION FUND 33 EDEN PRAIRIE CRIME PREVENTION FUND 32 REGENTS OF THE UNIVERSITY OF MINNESOTA 32 BCA - MNJIS 32 CUB FOODS EDEN PRAIRIE 32 ZIEGLER INC 31 ROERS COMPANIES 31 MEREDITH KATE 30 43 HOOPS LLC 30 BRYAN STONEBURG 26 TOLL GAS AND WELDING SUPPLY 25 SCOTT SMITH 25 BRODY SCHMID 23 WAYTEK INC 23 SPOK, INC. 23 MINNESOTA POLLUTION CONTROL AGENCY 23 PATTY CHRISTENSEN 22 CHARLES LEA 21 KIRK MILLHONE 21 WEX 20 CDW GOVERNMENT INC. 20 WINDLAN HALL 19 CAROL RUEPPEL 18 SITEONE LANDSCAPE SUPPLY, LLC 17 MONEY MOVERS INC 17 GARRY MILLER 16 STAPLES ADVANTAGE 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE 15 NELSON, ROBIN 14 MADISON, MELISSA 14 JAMES CLOBES 14 DEB MELCHERT 13 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 13 NIHCA 12 KATE REISER 11 STEVEN TE 11 EDEN PRAIRIE FOUNDATION Amount Vendor Account Description Business Unit Comments10SHULTS TATYANA 10 TENZIN PASSANG 9 PAUL TWEDTEN 9 CONCRETE CUTTING AND CORING 8 NCR PAYMENT SOLUTIONS,PA, LLC 8 NCPERS GROUP LIFE INSURANCE 8 NCPERS GROUP LIFE INSURANCE 8 NCPERS GROUP LIFE INSURANCE 7 LUCAS HAUG 7 GLENNA THULIN 6 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 6 PEGGY MULLER 6 SUBURBAN CHEVROLET 6 THOMAS MELLEM 5 EDEN PRAIRIE FOUNDATION 5 EDEN PRAIRIE FOUNDATION 4 COMCAST 2 WEX 1 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 13,755,214 Report Total City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.A. Department: Administration / Office of the City Manager ITEM DESCRIPTION Designate official City newspaper. REQUESTED ACTION Move to adopt a Resolution designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2026. SUMMARY This designation is required on an annual basis. Since the Eden Prairie News published their final newspaper in April 2020, the Eden Prairie Sun Sailor (formerly Sun Current) has been the official newspaper for Eden Prairie. ATTACHMENTS Eden Prairie Sun Sailor bid Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the Eden Prairie Sun Sailor be designated as the official City newspaper for the year 2026. ADOPTED by the City Council of the City of Eden Prairie, on this 6th day of January, 2026. ______________________________ Ronald A. Case, Mayor ATTEST: ______________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.B. Department: Administration / Office of the City Manager ITEM DESCRIPTION Designate official meeting dates, time, and place for the City of Eden Prairie Council in 2026 and appointing Acting Mayor. REQUESTED ACTION Move to adopt a Resolution designating the official meeting dates, time, and place for the City of Eden Prairie Council in 2026 and appointing Council Member _____________ as Acting Mayor. SUMMARY This resolution requires approval on an annual basis. Council Member Kathy Nelson served as Acting Mayor in 2025. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2026 AND APPOINTING ACTING MAYOR BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly scheduled Council meetings. Robert’s Rules of Order will prevail; and BE IT RESOLVED, that the first meeting of 2026 will be held on January 6 and the second meeting in January will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in February, July, and November will be held on the second Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in June and August will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in December will be held on the first Tuesday of the month; and BE IT RESOLVED, that the first meeting of 2027 will be held on January 5; and BE IT FURTHER RESOLVED, that Council Member ___________ is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie, on this 6th day of January 2026. ________________________ Ronald A. Case, Mayor ATTEST: _________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.C. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appoint Commissioners to the Eden Prairie Housing and Redevelopment Authority. REQUESTED ACTION Move to adopt a Resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member ____________ as Secretary for calendar year 2025. SUMMARY This resolution requires approval on an annual basis. Council Member Kathy Nelson served as Secretary in 2025. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2026–___ A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to- wit: Ron Case, Kathy Nelson, Mark Freiberg, PG Narayanan and Lisa Toomey, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS, the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) have authority to make appointments. NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Ron Case as Chair; Rick Getschow as Executive Director and Council Member _________ as Secretary of calendar year 2025. ADOPTED, by the City Council of the City of Eden Prairie, on this 6th day of January 2026. __________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.D. Department: Administration / Office of the City Manager ITEM DESCRIPTION Designate Director and Alternate Director to the Suburban Rate Authority. REQUESTED ACTION Move to designate ________________ as the Director and ________________ as the Alternate Director to the Suburban Rate Authority. SUMMARY This designation requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg served as the alternate Director to the Suburban Rate Authority since 2019. ATTACHMENTS None City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.E. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointments to the Fire Relief Association REQUESTED ACTION Move to appoint ________________ and ________________ to the Eden Prairie Fire Relief Association. SUMMARY Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Kathy Nelson and Finance Manager Tammy Wilson served on the Fire Relief Association since 2022. The appointment of the Fire Chief is automatic according to statute. ATTACHMENTS None City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.F. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to the National League of Cities. REQUESTED ACTION Move to approve appointment of ___________________ as Delegate and Council Members as Alternates to the National League of Cities. SUMMARY This appointment is approved on an annual basis. Mayor Case has served as Delegate since 2019. ATTACHMENTS None City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.G. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to the Municipal Legislative Commission. REQUESTED ACTION Move to approve appointment of ___________________ and ___________________ as alternate to the Municipal Legislative Commission. SUMMARY This appointment is approved on an annual basis. Mayor Case has served as Delegate since 2019. Council Member Toomey has served as alternate since 2023. ATTACHMENTS None City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.H. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to the Southwest Cable Commission. REQUESTED ACTION Move to approve appointment of ___________________ to the Southwest Cable Commission. SUMMARY This appointment is approved on an annual basis. Council Member Freiberg has served on the Southwest Cable Commission since 2019. ATTACHMENTS None City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.I. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to the I-494 Corridor Commission. REQUESTED ACTION Move to approve appointment of ___________________ to the I-494 Corridor Commission. SUMMARY This appointment is approved on an annual basis. Council Member Toomey has served on the I- 494 Corridor Commission since 2021. ATTACHMENTS None. City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.I. Department: Parks and Recreation ITEM DESCRIPTION Appointment of Assistant Weed Inspector. REQUESTED ACTION Move to appoint Karli Wittner as Assistant Weed Inspector for the City of Eden Prairie. SUMMARY Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Karli Wittner is the City’s current Forestry and Natural Resources Supervisor in the Parks and Recreation Department. ATTACHMENTS None City Council Agenda Cover Memo Date: Jan. 6, 2026 Section: Appointments Item Number: XII.K. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to Southwest Transit Commission. REQUESTED ACTION Move to appoint ___________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2027. SUMMARY It is necessary for the City Council to appoint a new representative for a two-year term to end on December 31, 2027. Council Member Freiberg held this position in 2024 and 2025. Council Member Toomey is currently serving as the other Eden Prairie city representative. ATTACHMENTS None.