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Home My WebLink AboutCity Council - 09/01/2026Eden Prairie City Council Workshop Agenda 5:30 p.m. Tuesday, Sept. 1, 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. Public Art Update Council Chambers 2. Open Podium 3. Adjournment Agenda Eden Prairie Housing and Redevelopment Authority Meeting 7 p.m. Tuesday, Sept. 1, 2026 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Housing and Redevelopment Authority Members: Chair Ron Case, Housing and Redevelopment Authority 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 HRA.I. Call the HRA meeting to order HRA.II. Approve the minutes of HRA meeting held on January 6, 2026 HRA.III. Adopt Resolution approving the proposed 2027 property tax levy and accepting the proposed 2027 budget HRA.IV. Adjournment Eden Prairie City Council Meeting Agenda 7 p.m. Tuesday, Sept. 1, 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 V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, August 18, 2026 B. City Council Meeting held Tuesday, August 18, 2026 VII. Consent Calendar A. Prairie Bluﬀ Commons by US Home, LLC. Approve Second Reading of an Ordinance for a Planned Unit Development District Review with Waivers and a Zoning District Change from Oﬃce to RM-6.5 on 23.59 acres and from Oﬃce to R1-9.5 on 4.82 acres. Adopt Resolution for Site Plan on 28.41 acres. Resolution for conditional approval of development agreement CITY COUNCIL MEETING AGENDA September 1, 2026 B. Adopt Resolution approving the ﬁnal plat of Prairie Bluﬀ Commons C. Adopt Resolution declaring costs to be assessed and ordering preparations of special assessment roll and setting hearing date D. Award contract for Dell Road Improvement Project to A-1 Excavating, LLC E. Approve professional services agreement with WSB for construction administration of the Dell Road Improvement Project F. Approve amendment to the professional Services agreement with WSB for the ﬁnal design of Dell Road Improvements G. Approve professional service agreement with HRGreen for Local Water Management Plan update H. Approve the purchase of radios from Motorola I. Approve agreement between City of Eden Prairie and Hennepin County Human Services and Public Health Department for continued support of on-side full-time senior social worker at Eden Prairie Police Department J. Approve standard contract for goods and services with Push Pedal Pull for replacement of eight ellipticals at the Eden Prairie Community Center K. Approve agreement with One Pass Fitness program for Eden Prairie Community Center members enrolled in the program L. Approve standard agreement for professional services with Stantec Consulting Services, Inc. for the design and constructions documents for the Purgatory Creek Recreation Berm Repair project VIII. Public Hearings and Meetings A. 2025 Community Development Block Grant consolidated annual performance and evaluation report (CAPER) IX. Payment of Claims X. Ordinances and Resolutions XI. Petitions, Requests and Communications CITY COUNCIL MEETING AGENDA September 1, 2026 XII. Appointments XIII. Reports A. Report of Council Members B. Report of City Manager 1. Adopt Resolution approving preliminary tax levy and budget C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment Unapproved Minutes Eden Prairie Housing and Redevelopment Authority Meeting 7 p.m. Tuesday, Jan. 6, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Housing and Redevelopment Authority Members: Chair Ron Case, Council Members Kathy Nelson, 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 HRA MEETING HRA.I. Call the HRA meeting to order Mayor Case called the HRA meeting to order at 7:02 p.m. Councilmember Mark Freiberg was absent. HRA.II. Approve the minutes of HRA meeting held on December 2, 2025 MOTION: Narayanan moved, seconded by Nelson, to approve the HRA minutes from December 2, 2025. Motion carried 4-0. HRA.III. Adopt Resolution HRA No. 2026-01 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 Getschow explained that the 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 percent of the units (39 units) affordable to residents earning at or below 50 percent of the Area Median Income (AMI). An additional 5 percent 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 percent of AMI. The remaining 146 units will be market rate. This request necessitates a Redevelopment Plan modification, creation of a new HRA MEETING MINUTES January 6, 2026 Page 2 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 he 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. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. HRA 2026-01 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. Motion carried 4-0. HRA.IV. Adjournment MOTION: Nelson moved, seconded by Toomey, to adjourn the HRA meeting. Motion carried 4-0. Chair Case adjourned the meeting at 7:05 p.m. Respectfully Submitted, ___________________ Sara Potter, Administrative Support Specialist Housing and Redevelopment Authority Agenda Cover Memo Date: Section: Item Number: Department: ITEM DESCRIPTION Resolution approving the proposed 2027 HRA property tax levy and accepting the proposed 2027 budget REQUESTED ACTION Move to adopt the Resolution to approve the proposed 2027 property tax levy to be $240,000 and accept the proposed 2027 budget of $240,000. SUMMARY Minnesota law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of estimated market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is $2,718,930. ATTACHMENTS Resolution Housing and Redevelopment Authority In and For The City of Eden Prairie Hennepin County, Minnesota HRA Resolution No. 2026–____ RESOLUTION APPROVING THE HRA PROPOSED 2027 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2027 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1.Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2027 budget contingent upon City Council approval. Levy on Tax Capacity $240,000 2. Approves the 2027 proposed budget totaling $240,000 at this time. ADOPTED by the Housing and Redevelopment Authority on this ﬁrst day of September, 2026. Ronald A. Case, Chair ATTEST: Rick Getschow, Executive Director SEAL Eden Prairie City Council Workshop Agenda 5:30 p.m. Tuesday, Aug. 18, 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. Eden Prairie Baseball and Fastpitch Softball Associations Indoor Facility at Miller Park Proposal Markle explained the Eden Prairie Baseball and Softball Associations are proposing an indoor facility at Miller Park. Markle introduced Eden Prairie Baseball Association president Kevin Thompson and Board Member/Project Lead Jim Roslansky. Both organizations have been longtime athletic partners of the City and provide important services above what the City can provide. The associations serve approximately 1,100 youth ages four to 19. Both organizations are dedicated to keep sports accessible, aﬀordable, and competitive. The associations are looking for an indoor space to use during the winter to stay competitive locally and regionally. Markle detailed the high cost to rent indoor spaces from private facilities and the high school. Markle noted the associations have put together an indoor training facility proposal. The facility would be funded by the associations. This facility would allow both organizations to schedule space at convenient times, lessen travel for participating families, and allow the associations to set the cost at an aﬀordable level. Case asked if the City would use Local Option Sales Tax (LOST) dollars to construct a facility at Miller Park. Markle stated the City would likely propose a new LOST funded facility at Round Lake Park due to limited space at Miller. Markle explained the proposed facility would include turf and six to seven pitching and hitting lanes. Netting separating the lanes could be removed to create one large indoor space. There would be an entryway with a small oﬃce area, bathrooms, and a mechanical room. Case asked if the City would have any programming responsibilities or opportunities. Markle conﬁrmed the City would not have any programming responsibilities. There would be some opportunity for public access including open houses for youth to learn about baseball and softball, and potential for timeslots for public use. Case asked how many other cities have this type of arrangement. Markle answered Roseville and Shakopee have arrangements where organizations run and fund similar facilities, but they’re located on City property and owned by the City. Nelson asked if the facility will be used by Eden Prairie associations only or if it will be rented out to other associations. Markle conﬁrmed the plan is for the facility to be used by Eden Prairie associations only. Freiberg asked how large the building is. Roslansky conﬁrmed the building is 110 feet by 60 feet, roughly seven thousand square feet. Narayanan asked if lockers will be included. Markle conﬁrmed the Parks, Recreation and Natural Resources Commission (PRNRC) recommended including lockers. Toomey asked if a bathroom will be included. Markle conﬁrmed the facilities will have two bathrooms. Case asked if the building will match other buildings in the park and be built to regular municipal code. Markle conﬁrmed the facilities will match other buildings at Miller Park and will be permitted and built to building code. Markle explained the anticipated cost of the facility is $1 to $1.3 million funded by the associations. Funding sources will include capital funds, private donors, local and national businesses, charitable organizations, and grants from other governmental entities. A bank loan is an option but is not preferred. The associations are hoping to obtain the City’s support prior to beginning fundraising in earnest. Narayanan noted the low anticipated cost is surprising. Markle conﬁrmed the building is very simple with minimal interior structure. Narayanan asked if the building would have heating and cooling. Roslansky conﬁrmed the building will be heated. It will have garage doors and ceiling fans for the summer. Nelson asked if it’s possible to add cooling down the road if determined necessary. Roslansky conﬁrmed it would be easy to retroﬁt as the building is not ﬁnished like a home would be. Case noted the City would want a say in the naming rights process as certain businesses would be inappropriate. Markle explained annual operation costs including staﬃng, maintenance, and insurance would cost approximately $100 thousand annually funded by seasonal memberships, funds currently used to rent out other private facilities, and business sponsorships. There will be a Memorandum of Understanding (MOU) with information on construction, access, security, insurance, and maintenance. Nelson asked if there will be opportunities for low income children. Markle conﬁrmed there will be a scholarship program. Narayanan asked if there is enough parking. Markle conﬁrmed the Miller Park parking lot is underutilized during the winter, the peak time for this facility’s usage. Toomey asked if the facilities would be run by volunteers. Roslansky conﬁrmed it would be a mix of volunteer and paid positions. Narayanan asked if the facilities would have wiﬁ. Markle conﬁrmed there is not currently wiﬁ at Miller Park. Markle noted the City has been discussing this project conceptually with the associations for six months and detailed the meetings so far. Tonight the associations are seeking Council approval to begin fundraising and solicit architectural documents. Narayanan asked for clariﬁcation on the City’s involvement. Markle conﬁrmed the City is providing the grounds and project managing the construction but is not providing funding for the facilities. Case noted there won’t be a formal vote but asked the Council if they’d support this project. Case provided his support for the project. Freibert, Nelson, Narayanan, and Toomey also provided their agreement. 2. New Private Well Discussion Ellis explained the City is considering prohibiting new private wells with certain exceptions. There are multiple regulating bodies for wells. The Minnesota Department of Health regulates new well construction. The Department of be Natural Resources requires a permit issued if over one million gallons of water are pumped annually. Cities and Couties are also authorized to regulate use and drilling of wells. There are two primary reasons the City would like to regulate wells: protecting groundwater resources and preventing groundwater contamination. Ellis explained a few qualities unique to Eden Prairie that also incentivize protection of groundwater resources including a landﬁll and an airport. Ellis noted approximately 75 to 80 percent of water providers have per- and polyﬂuoroalkyl substances (PFAS) in water. Today utilities can test in parts per trillion, which wasn’t a possibility a decade ago. Its more expensive to extract contaminants from water than to prevent contamination in the ﬁrst place. Ellis displayed a map of aquifers in the metro area. The primary water source is the Jordan Prairie Du Chein aquifer. Some older communities have wells in the Hinckley Mount Simon aquifer, one of the deepest aquifers. Wells are no longer allowed to be drilled into this aquifer as this will be one of the last adequate water sources available. Ellis summarized surrounding cities that have prohibitions on new wells including Maple Grove and Shakopee. Eden Prairie would propose a prohibition on new wells, with certain exceptions including locations where no City services are available; geothermal, elevator borings, and landﬁll recovery; irrigating school athletic ﬁelds, parks, and golf courses; and maintenance work on a pre-existing well. Case asked the timing of the prohibition on new wells. Ellis noted by the end of 2026. Nelson asked if a commercial business could purchase a private property with a preexisting well to use for a water bottling company. Ellis noted the City could disallow that in the proposed ordinance. Case added well water should not leave the property. Narayanan asked if any cities use lake water as their drinking water source. Ellis stated most US cities use surface water as a primary source. It’s less reliable, harder to treat, and supply ﬂuctuates more. Narayanan asked if data centers need clean water. Ellis conﬁrmed data centers prefer clean water as it contributes to longer system life. Case asked if the Council is comfortable directing Ellis to draft an ordinance for Council vote. The Council Members provided their agreement. Council Chambers 3. Open Podium 4. Adjournment Eden Prairie City Council Meeting Unapproved Minutes 7 p.m. Tuesday, Aug. 18, 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 CITY COUNCIL 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 A. American Red Cross lifeguard training award Markle explained the City of Eden Prairie was recognized as a 2025 Top Training Provider in the United States from the American Red Cross, the fourth year in a row receiving the recognition. This award is based on aquatics training quantity, quality, and participant satisfaction. The Parks and Recreation team is very proud of the eﬀorts to provide high-quality training for over 650 participants across 75 course oﬀerings in 2025. Classes include CPR instruction, lifeguard instructor certiﬁcation, and water safety instructor courses. Training courses such as these have provided instructors for over 1,000 youth to take swimming lessons at the Eden Prairie Community Center this past year. This award honors the deep commitment to water safety and the positive impacts that have resulted in the community, throughout Minnesota, and beyond. Markle introduced Aquatic Leads Caity Bailey and Sam Ure to share words about the award. CITY COUNCIL MEETING UNAPPROVED MINUTES August 18, 2026 Bailey stated it has been incredible to see the growth from less than 60 participants in the program in the ﬁrst year to over 600. This has made the Eden Prairie program the top Red Cross training facility in the Midwest, and one of the top three in the country. B. Minnesota Association of Government Communicators awards Getschow introduced Communications Manager Joyce Lorenz to discuss these awards. Lorenz introduced Minnesota Association of Government Communicators President Ari Lyksett to present the awards. Lyksett explained the Northern Lights Awards recognize excellence in government communications across Minnesota, honoring work that demonstrates exceptional creativity, strategy, execution, and measurable results in informing and engaging communities. Eden Prairie received seven awards, including ﬁve ﬁrst-place Northern Lights Awards. Three ﬁrst-place awards for Life in the Prairie were awarded for graphic design, general publication, and newsletter or magazine categories. The Eden Prairie Liquor Name that Gummy campaign earned two ﬁrst-place awards for marketing and community engagement. The Little Berry on the Prairie packaging received a second-place award for graphic design. The City's work to digitize Senior Center Communications earned third-place recognition in the marketing and communications plan strategy. For the third consecutive year, Life in the Prairie was named one of the six best show nominees. Lorenz also received the Scott Pengelly Lifetime Achievement Award for her work building Eden Prairie's communications program that reaches residents through high-performing websites, social media channels, email and text communications, and publications. Lorenz thanked her team who care deeply about this community and do exceptional work on its behalf, as well as City leadership and City Council, which is only possible in an organization that values communication. Case added that Lorenz did a phenomenal job communicating with the City during diﬃcult times, such as Operation Metro Surge. Getschow noted the communications line of work occurs around the clock, especially during emergencies. Lorenz has been ready at all hours to respond on behalf of the City. Lorenz and her team’s work has made Eden Prairie one of the top cities in the country when it comes to level of engagement and communication. V. Approval of Agenda and Other Items of Business CITY COUNCIL MEETING UNAPPROVED MINUTES August 18, 2026 MOTION: Freiberg moved, seconded by Toomey, 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, July 14, 2026, and the City Council meeting held Tuesday, July 14, 2026, as published. Motion carried 5-0. VII. Consent Calendar A. Clerk’s List B. 11609 Leona Road Phase II by Kimley-Horn. Approve the second reading of an Ordinance No. 07-2026-PUD-04-2026 for a Planned Unit Development District Review with Waivers on 3.44 acres, and adopt Resolution No. 2026-063 for Site Plan on 3.44 acres C. Marshall Farms by Marshall Farms, LLC. Approve the second reading of Ordinance No. 08-2026-PUD-05-2026 for a Planned Unit Development District Review with Waivers on 32.13 acres and a Zoning District Change from Rural to R1-9.5 on 17.84 acres and from Rural to Parks and Open Space on 14.29 acres; approve Development Agreement D. Adopt Resolution No. 2026-064 approving Marshall Farms ﬁnal plat E. Adopt Resolution No. 2026-065 approving Ridgecrest Flying Cloud First Addition ﬁnal plat F. Adopt Resolution No. 2026-067 approving Dell Road local road improvement program grant agreement G. Approve contract for Water Treatment Plant wash water tank reconditioning with Classic Coating, Inc. H. Approve Twin Cities and Western Railroad Company license agreement for underground storm sewer I. Award contract for guardrail replacements (MnDOT Contract No. 234381) to H & R Construction Co. J. Approve professional services agreement for Pond 05-13-B Rehabilitation with Stantec Consulting Services, Inc. K. Award Contract to Water Conservation Services Inc. for a City-Wide Water System Leak Survey CITY COUNCIL MEETING UNAPPROVED MINUTES August 18, 2026 L. Approve agreement to conduct the 2026 Community Survey with Policy Conﬂuence, Inc. (Polco) M. Approve standard agreement for contract services to replace Eden Prairie Community Center ﬁre panel system with Twenty 4 Seven Fire and Security N. Approve Contract for Goods and Services with Innovative Oﬃce Solutions for the purchase of a Cenobot SP 50 autonomous cleaning vacuum O. Award contract for 2026 Capital Improvement Project fence projects to Dinius Fence LLC P. Approve change order #1 for additional building materials for Cedar Hills Bike Park trail construction Q. Approve amendment to professional services agreement for the completion of construction and easement documents for the City West Station trail connection with Houston Engineering R. Approve proposal and authorize entering into a contract for goods and services to remove buckthorn from Prairie Bluﬀ Conservation Area with Great River Greening as match for Hennepin County Outdoor Heritage grant S. Approve change order to current contract for RTA Maintenance Trail prairie restoration with Landbridge Ecological Services T. Approve professional services agreement for Staring Lake Trail Bridge Replacement project construction administration with Houston Engineering U. Accept bids and award contract for the replacement of Staring Lake loop trail bridges to Sunram Construction, Inc. V. Approve second amendment to license agreement with Verizon Wireless at 6233 Baker Road MOTION: Toomey moved, seconded by Narayanan, to approve Items A-V on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings A. Dell Road Street and Utility Improvement Project Getschow explained the City Council authorized a feasibility study for street and utility improvements for Dell Road in 2022. The Marshall property adjacent to Dell Road will soon develop, and it is advantageous to complete the Dell Road street and utility improvement project concurrently with the development. Due CITY COUNCIL MEETING UNAPPROVED MINUTES August 18, 2026 to development delays, a new public hearing with proper published notice and mailed notice to aﬀected residents and re-authorization of the project is necessary to meet statutory requirements for the special assessments. Getschow introduced Public Works Director Robert Ellis to explain further. Ellis noted plans and speciﬁcations were prepared and approved by the Council in July 2025. The overall scope of the project has not changed signiﬁcantly since initial approval, and the estimated $1.2 million amount to be assessed against 17 individual properties remains unchanged. Ellis added the total estimated project cost is around $11 million. Primary funding for the project will be from Municipal State Aid funds, Special Assessments, and City Utility funds as well as a state Local Road Improvement Project grant. The bid award will be brought to a September City Council meeting, which would allow construction to begin this fall and be substantially completed by fall 2027. Landscaping will be added after the roadway is built. Assessments for this project would occur in fall 2028, and homeowners would see the ﬁrst installment of the assessment in spring 2029. Case stated the Council approved this exact proposal previously and asked if the assessments were part of it. Ellis conﬁrmed that is correct. MOTION: Narayanan moved, seconded by Toomey, to close the Public Hearing; and Adopt Resolution No. 2026-066, re-ordering Dell Road Street and Utility Improvements. Motion carried 5-0. IX. Payment of Claims MOTION: Toomey moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Narayanan, Toomey, and Case voting “aye.” X. Ordinances and Resolutions XI. Petitions, Requests and Communications XII. Appointments XIII. Reports A. Report of Council Members B. Report of City Manager C. Report of Community Development Director CITY COUNCIL MEETING UNAPPROVED MINUTES August 18, 2026 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 XIV. Other Business XV. Adjournment MOTION: Narayanan moved, seconded by Freiberg, to adjourn the City Council meeting at 7:36 PM. Motion carried 5-0. Respectfully submitted, ____________________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: September 1, 2026 Section: Consent Calendar Item Number: VII.A. Department: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION The applicant is requesting approval to redevelop the property at 14800 Charlson Road and the unaddressed vacant parcel to its northwest. Together the parcels total 28.41 acres. The property at 14800 Charlson Drive is 16.74 acres and includes a vacant oﬃce building. The applicant is proposing to demolish the oﬃce building and redevelop the site with 90 owner-occupied townhomes and 16 single-family lots. The parcel to the northwest is 11.67 acres and currently undeveloped. The applicant is proposing to develop 76 owner-occupied townhomes on that parcel. There will be a total of 182 units. REQUESTED ACTION Move to: •Approve the 2nd Reading of an Ordinance for a Planned Unit Development District Review with Waivers on 28.41 acres and a Zoning District Change from Oﬃce to RM-6.5 on 23.59 acres and from Oﬃce to R1-9.5 on 4.82 acres •Adopt a Resolution for Site Plan Approval on 28.41 acres •Adopt a Resolution Conditionally Approving the Development Agreement for Prairie Bluﬀ Commons SUMMARY The project includes a request to develop 166 townhomes on 23.59 acres and 16 single-family homes on 4.82 acres. The Metropolitan Council approved the Comprehensive Plan Amendment reguiding the townhomes from Oﬃce to Medium Density Residential and the single-family homes from Oﬃce to Low Density Residential on July 9, 2026. The Development Agreement covers the entire development and approved preliminary plat; however, the applicant is developing and ﬁnal platting the property in phases. The Phase 1 ﬁnal plat includes 38 townhome units on the southeast parcel just south of the shared spine road. The single-family lots and the remaining townhomes in this development are shown as outlots on the ﬁnal plat with the intent to develop and plat in subsequent phases according to the Phasing Plan included in the Exhibit B Plans. The entire site will be graded at once, including tree removal and then stabilization. The landscaping buﬀer along Charlson Road for both Phase 1 and 2 will be installed during Phase 1, replacing existing vegetation lost to grading. The buﬀer plantings along Liatris and Charlson in the northwest corner of the project will be installed with Phase 3. There is no screening in this area now, and there will be no irrigation available until Phase 3. The irrigation is important for the establishment and long-term care of the plantings. The 120-day project review period had an end date of August 3, 2026; however, the applicant provided an extension until August 18, 2026 and a subsequent extension until September 2, 2026. ATTACHMENTS Ordinance for PUD and Zoning District Change Resolution for Site Plan Approval Resolution for Conditional Approval of the Development Agreement Development Agreement 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-6.5 Zoning District on 23.59 acres and removed from the Oﬃce Zoning District and be placed in the R1-9.5 Zoning District on 4.82 acres. Section 3. That action was duly initiated proposing that the designation of the land be amended within the RM-6.5 and R1-9.5 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 be placed in the RM-6.5 Zoning District on 23.59 acres and removed from the Oﬃce Zoning District and be placed in the R1-9.5 Zoning District on 4.82 acres 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 September 1, 2026 entered into between U.S. Home, LLC 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 16th day of June, 2026, 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 1st day of September, 2026. ATTEST: David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the _______________, 2026. EXHIBIT A Legal Description: Zoning Change from Oﬃce to RM-6.5 All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. AND All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPTING THEREFROM: Beginning at the southwesterly corner of said Lot 1; thence North 89 degrees 17 minutes 04 seconds East, assumed bearing along the southerly line of said Lot 1, a distance of 114.61 feet; thence North 82 degrees 36 minutes 03 seconds East, along said southerly line a distance of 184.31 feet; thence South 89 degrees 47 minutes 34 seconds East, along said southerly line, a distance of 56.46 feet; then South 78 degrees 53 minutes 51 seconds East, along said southerly line a distance of 100.30 feet; thence North 89 degrees 17 minutes 04 seconds East, along said southerly line, a distance of 875.34 feet; thence North 00 degrees 42 minutes 56 seconds West, a distance of 114.54 feet; thence North 49 degrees 57 minutes 17 seconds West, a distance of 28.61 feet; thence southwesterly along a non-tangential curve, concave to the northwest, having a central angle of 49 degrees 14 minutes 21 seconds, a radius of 52.50 feet for an arc distance of 45.12 feet, the chord of said curve bears South 64 degrees 39 minutes 53 seconds West; thence South 89 degrees 17 minutes 04 seconds West, tangent to said curve, a distance of 820.74 feet; thence northerly along a tangential curve, concave to the northeast having a central angle of 90 degrees 00 minutes 00 seconds, a radius of 68.50 feet for an arc distance of 107.60 feet; thence North 00 degrees 42 minute 56 seconds West, tangent to said curve, a distance of 129.44 feet; thence North 37 degrees 54 minutes 30 seconds West, a distance of 179.74 feet to the westerly line of said Lot 1; thence South 29 degrees 44 minutes 57 seconds West, along said westerly line a distance of 529.18 feet to the point of beginning. Zoning Change from Oﬃce to R1-9.5 All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the southwesterly corner of said Lot 1; thence North 89 degrees 17 minutes 04 seconds East, assumed bearing along the southerly line of said Lot 1, a distance of 114.61 feet; thence North 82 degrees 36 minutes 03 seconds East, along said southerly line a distance of 184.31 feet; thence South 89 degrees 47 minutes 34 seconds East, along said southerly line, a distance of 56.46 feet; then South 78 degrees 53 minutes 51 seconds East, along said southerly line a distance of 100.30 feet; thence North 89 degrees 17 minutes 04 seconds East, along said southerly line, a distance of 875.34 feet; thence North 00 degrees 42 minutes 56 seconds West, a distance of 114.54 feet; thence North 49 degrees 57 minutes 17 seconds West, a distance of 28.61 feet; thence southwesterly along a non- tangential curve, concave to the northwest, having a central angle of 49 degrees 14 minutes 21 seconds, a radius of 52.50 feet for an arc distance of 45.12 feet, the chord of said curve bears South 64 degrees 39 minutes 53 seconds West; thence South 89 degrees 17 minutes 04 seconds West, tangent to said curve, a distance of 820.74 feet; thence northerly along a tangential curve, concave to the northeast having a central angle of 90 degrees 00 minutes 00 seconds, a radius of 68.50 feet for an arc distance of 107.60 feet; thence North 00 degrees 42 minute 56 seconds West, tangent to said curve, a distance of 129.44 feet; thence North 37 degrees 54 minutes 30 seconds West, a distance of 179.74 feet to the westerly line of said Lot 1; thence South 29 degrees 44 minutes 57 seconds West, along said westerly line a distance of 529.18 feet to the point of beginning. Legal Description after Final Plat for Phase 1 [To be added later] City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIE BLUFF COMMONS BY U.S. HOME, LLC WHEREAS, U.S. Home, LLC, has applied for Site Plan approval of Prairie Bluﬀ Commons to construct 166 townhome units; and WHEREAS, zoning approval for the townhome and single-family units was granted by an Ordinance approved by the City Council on September 1, 2026 and WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 11, 2026 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 16, 2026 meeting; and WHEREAS, the City Council hereby makes the following ﬁndings: A. The Site Plan proposal is consistent with the City's policies and objectives as reﬂected in the Comprehensive Guide Plan and City Design Guidelines. B. The Site Plan proposal is consistent with the City Code relating to zoning and the subdivision of land. C. The Site Plan proposal preserves and enhances the natural and existing built environment. D. The Site Plan proposal maintains open space to provide a desirable environment both for occupants of the site and the general public. E. The Site Plan proposal provides transitions where there are diﬀerences in land use, building mass, height, densities, and site intensity. F. The Site Plan proposal provides for safe and convenient vehicle and pedestrian traﬃc. G. The Site Plan proposal minimizes the negative impact upon other land uses. NOW, THEREFORE, BE IT 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 U.S. Home, LLC, subject to the Development Agreement between U.S. Home, LLC and the City of Eden Prairie, reviewed and approved by the City Council on September 1, 2026 ADOPTED by the City Council of the City of Eden Prairie this ____________________________. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A Site Plan Legal Description Prior to Final Plat: All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. AND All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPTING THEREFROM: Beginning at the southwesterly corner of said Lot 1; thence North 89 degrees 17 minutes 04 seconds East, assumed bearing along the southerly line of said Lot 1, a distance of 114.61 feet; thence North 82 degrees 36 minutes 03 seconds East, along said southerly line a distance of 184.31 feet; thence South 89 degrees 47 minutes 34 seconds East, along said southerly line, a distance of 56.46 feet; then South 78 degrees 53 minutes 51 seconds East, along said southerly line a distance of 100.30 feet; thence North 89 degrees 17 minutes 04 seconds East, along said southerly line, a distance of 875.34 feet; thence North 00 degrees 42 minutes 56 seconds West, a distance of 114.54 feet; thence North 49 degrees 57 minutes 17 seconds West, a distance of 28.61 feet; thence southwesterly along a non-tangential curve, concave to the northwest, having a central angle of 49 degrees 14 minutes 21 seconds, a radius of 52.50 feet for an arc distance of 45.12 feet, the chord of said curve bears South 64 degrees 39 minutes 53 seconds West; thence South 89 degrees 17 minutes 04 seconds West, tangent to said curve, a distance of 820.74 feet; thence northerly along a tangential curve, concave to the northeast having a central angle of 90 degrees 00 minutes 00 seconds, a radius of 68.50 feet for an arc distance of 107.60 feet; thence North 00 degrees 42 minute 56 seconds West, tangent to said curve, a distance of 129.44 feet; thence North 37 degrees 54 minutes 30 seconds West, a distance of 179.74 feet to the westerly line of said Lot 1; thence South 29 degrees 44 minutes 57 seconds West, along said westerly line a distance of 529.18 feet to the point of beginning. Legal Description Based on Phase 1 Final Plat [To be added later] City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ A RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR PRAIRIE BLUFF COMMONS WHEREAS, the Developer has requested that the Development Agreement for Prairie Bluﬀ Commons (the “Project”) be executed and recorded by the Developer and the fee owner of the property after the proposed owner takes title to the unaddressed property at the corner of Liatris Lane and Charlson Road with PID #28-116-22-42-0036; and WHEREAS, and the City is amenable to allowing the Development Agreement to be executed and recorded after the transfer of the property; and WHEREAS, the approval of the Development 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 OWL – HP Lot Option Pool 01, L.P., a Delaware limited liability partnership, 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 October 15, 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 June 16, 2026, meeting; and WHEREAS, the City Council has reviewed the Development Agreement for the Project at its September 1, 2026, meeting. NOW, THEREFORE, BE IT RESOLVED that the Ordinance, Resolution and Development Agreement between U.S. Home, LLC and the City of Eden Prairie is conditionally approved by the City Council on September 1, 2026, and is conditioned upon the Developer providing the City Manager documentation that OWL – HP Lot Option Pool 01, L.P. has acquired fee simple interest in the entirety of the Property subject to the Development Agreement. If the City Manager does not receive such documentation on or prior to October 15, 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 1st day of September, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk DEVELOPMENT AGREEMENT Prairie Bluff Commons THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of _______, 2026, by U.S. Home, 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 Office to Medium Density Residential on 23.59 acres and from Office to Low Density Residential on 4.82 acres, Planned Unit Development Concept Review on 28.41 acres, Planned Unit Development District Review with waivers on 28.41 acres, Zoning District Change from Office to RM-6.5 Zoning District on 23.59 acres and from Office to R1-9.5 Zoning District on 4.82 acres, Site Plan Review on 23.59 acres, and Preliminary Plat of 28.41 acres into 166 lots for the townhomes, 16 lots for single-family homes, 9 lots for common open space, and 8 outlots (the “Applications”), for real property legally described on Exhibit A (the “Property”); and WHEREAS, Developer intends to develop the Property in three phases, as indicated on the Phasing Plan included with the Exhibit B Plans, which phases will be referred to herein individually as “Phase 1,” “Phase 2” and “Phase 3”. NOW, THEREFORE, in consideration of the City adopting Resolution No.__________ for Guide Plan Change, Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review and Zoning District Change from Office to RM-6.5 on 23.59 acres and Office to R1-9.5 on 4.82 acres, Resolution No. for Findings of Fact in Support of Park Dedication Fees, 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 AGREEMENTS. The following prior Development Agreements currently affect or previously affected the Property: • Development Agreement Eden Bluffs Holding – Hennepin Village dated March 1, 2005 between Eden Bluffs Holdings LLC and the City, filed September 23, 2005 as Document No. 4165196; • Developer’s Agreement Eden Bluff Corporate Center 1 between Eden Bluff Holdings LLC and the City dated October 18, 2005, filed November 1, 2005 as Document No. 4181535; • Developer’s Agreement Eden Bluff Business Park Phase II-IV between Eden Bluff Holdings LLC and the City dated July 18, 2006, filed August 16, 2006 as Document No. 4294165; • Development Agreement – Eden Bluff 4th Addition between the City and C. H. Robinson Worldwide, Inc. dated January 22, 2019 and recorded January 25, 2019 as Document No. T05591107; (the “Prior Development Agreements”). This Agreement supersedes and terminates in their entirety the Prior Development Agreements as they apply to the Property. To the extent the Prior Development Agreements apply to land other than the Property, the Prior Development Agreements shall remain in full force and effect as to that other land. Furthermore, the covenants and restrictions set forth in the following documents are released, terminated, and shall be of no further force or effect and said documents may be disregarded in the real property records: • Agreement Regarding Special Assessments between the City and Lynn L. Charlson dated June 20, 2000, filed June 26, 2000 as Document No. 3290756 • First Amendment to Agreement Regarding Special Assessments between the City and Lynn L. Charlson dated April 16, 2002, filed April 25, 2002 as Document No. 3536002 • Agreement Regarding Special Assessments between the City and Eden Bluff Holdings LLC dated June 1, 2005, filed December 1, 2005 as Document No. 4194834 2. PLANS: Developer must develop the Property in conformance with the materials reviewed and approved by the City Council on ____________, 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. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each lot of the Property (each, a “Homesite”), a Certificate of Survey for such lot must be submitted for review and written approval by the Building Department. The Certificate of Survey must include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and must further contain the following information: A. Topography with 2-foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. Reflect no construction or grading within any conservation easement area. H. Engineered design for footing, foundation, and retaining walls. 5. BUILDING LAYOUT AND BUILDING MATERIALS: Developer shall offer to prospective purchasers a variety of architectural styles, building materials and colors to provide variation throughout the single-family portion of the neighborhood to avoid monotony and ensure a visually appealing streetscape. Developer shall provide the City Planner with the palette of choices for the home models, building materials, and colors. Developer shall ensure that purchasers select materials and colors that provide variation from selections made for homes on adjoining lots consistent with the Lennar Anti-Monotony Policy that has been provided to and is on file with the City; provided, however, material and color selection is left to the discretion of the Developer and purchaser. In addition, Developer shall provide a variety of colors for the townhome buildings to avoid monotony and to ensure a visually appealing streetscape. 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 offered for residential structures on the Property, consistent with the Exhibit B Plans and the Lennar Anti-Monotony Policy. Prior to issuance of any occupancy permit for a Homesite, Developer must have implemented the approved exterior materials and colors plan. 6. AIRPORT ZONING PERMIT: The Property is located in Airport Safety Zone C as described in the Flying Cloud Airport Zoning Ordinance adopted April 10, 2019 and Developer is required to file an Airport Zoning Permit application. Upon review of Developer’s submitted Airport Zoning Permit application, City staff has determined Prairie Bluff Commons does not require an Airport Zoning Permit. 7. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot may be sold or transferred to the first intended residential homeowner, nor an agreement entered into to construct a home on any lot within the Property unless the Developer or its successors or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit D hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer must require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first). 8. AIRPORT NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer must submit to the City Building Official, and obtain the City Building Official’s written approval of plans that demonstrate that each residence is designed to meet the structural performance standards for residential interior sound levels described in the Metropolitan Council’s most current Transportation Policy Plan. 9. CASH PARK FEES: In lieu of dedication of land, Developer must pay cash park fees for 182 lots as required by City Code in effect as of the date of the issuance of the building permit(s) for construction on the Property. Park dedication fees have been paid through the prior development of the office building on Lot 1, Block 1, Eden Bluff Highlands 2nd Addition in the amount of $125,550. This amount will be credited toward the remaining cash park fees due for the development, and all fees beyond the credited amount will be the responsibility of the Developer. This credit amounts to $689.84 per residential unit ($125,550/182), which will be applied to the per-unit rate in effect at the time of each building permit issuance. 10. MAINTENANCE OF PRIVATE IMPROVEMENTS: The Project approved for the Property will be administered as a Common Interest Community (CIC). Developer will create the CIC and establish a master and one or more sub-homeowner’s associations (each, an “HOA”) to administer the CIC that will provide lawn care and snow removal, and, as to the townhomes, building exterior maintenance. The master HOA will also own and be responsible, at is sole cost and expense, for maintenance and repair of the private streets, trails, sidewalks, storm sewers, stormwater management, and other private utilities and facilities contained within the Property. Prior to the issuance of the first certificate of occupancy for the Property and before it is recorded against the Property, Developer must provide to the City Engineer, and obtain the City Engineer’s approval, of the CIC Declaration to ensure that these HOA obligations are correctly reflected in the Declaration. Prior to recording of the CIC Declaration and establishment of the HOA, Developer or its successors or assigns of the Property will be jointly and severally liable for the maintenance obligations described in this paragraph. 11. CONVEYANCE OF LAND FOR STORMWATER PONDS: Prior to release of the final plat for Phase 1, Developer must tender a warranty deed for proposed Outlots A and F, Prairie Bluff Commons as reflected on the Phase 1 final plat for review and written approval by the City Engineer. After approval by the City, Developer must file the warranty deed with the Hennepin County Recorder or Registrar of Titles’ Office as appropriate immediately after the recording of the Phase 1 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 warranty deed has been recorded in the Hennepin County Registrar of Titles' Office. 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. 12. CULTURAL RESOURCES: Developer acknowledges that this property is located within the Cultural Resources Buffer Area with a high archeological potential. If any historic artifacts are encountered during grading of the property or any excavation, Developer must stop their activities and contact the City to report what they have found so the City can contact the appropriate agency and inform the Developer and contractor on how to proceed. 13. DEMOLITION: Prior to demolishing any of the existing structures on the Property, Developer must apply for and receive approval of a demolition permit. 14. FINAL PLAT: The final plat for each phase of the Property must be recorded with the Hennepin County Recorder and/or Registrar of Titles’ Office, as applicable, within 90 days of final plat approval by the City Council for that phase or within 2 years of approval of the preliminary plat, whichever occurs first. If the final plat for that phase is not filed within the specified time, the City Council may, upon ten (10) 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. 15. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is preliminary. Prior to the release of a land alteration permit, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan. 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. “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 2. 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; 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 (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. 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 all necessary Inspection and Maintenance Agreements for Private Stormwater Facilities in the form attached hereto as Exhibit E have been recorded along with the final plat of each applicable phase. 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. 16. TREE PRESERVATION: Prior to grading within any of the areas on the Property where trees will be preserved, as delineated on Exhibit B Plans, 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. 17. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. 18. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of the land alteration permit for the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a final tree replacement plan for the all phases of the Property. Prior to release of the final plat of each Phase, 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 plan for that phase of the Property. The approved landscape and tree replacement plans must be consistent with the quantity, type, and size of all plant materials shown on the landscape and tree replacement plans on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved 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 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 issuance of the land alteration permit for the Poperty, Developer must 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 replacement including all proposed trees as depicted on the tree replacement plan on the Exhibit B Plans for all phases (the “Tree Replacement Security”). Prior to release of the final plat for each phase, 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 landscape improvements including all proposed trees, shrubs, perennials, and grasses for that phase as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans for that phase (the “Landscape Security”). The Tree Replacement Security and 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. Tree replacement phasing for the single-family lots requires Developer to install the replacement trees after the individual home has been constructed to avoid potential damage to the trees during construction. Prior to issuance of a certificate of occupancy for the single-family homes during the growing season, Developer shall install the trees on the individual lots. For a Certificate of Occupancy issued during the non-growing season (approximately November-March) Developer shall install the trees within six (6) months of the date of issuance. Notwithstanding the Exhibit B Phasing Plan, all landscape screening along Charlson Road in the Phases 1 and 2 property shall be completed as part of Phase 1. Landscape screening along Liatris Lane and Charlson Road abutting Phase 3 shall be completed during Phase 3. 19. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. For purposes of this paragraph, “screening” may be in the form of plant materials including trees, shrubs, perennials, and grasses. 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. 20. 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. 21. NOTICES: All notices, requests, demands, and other communications hereunder must be in writing and will be deemed given if personally delivered or mailed, certified mail, return receipt requested or by any nationally recognized courier service, to the following addresses: If to City: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55344 With a copy to: Eden Prairie City Attorney Attn: Margaret L. Neuville 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 If to Developer: U.S. Home, LLC Attn: Joe Jablonski 16355 36th Ave. N Suite 100 Plymouth, MN 55446 So long as Developer is the fee owner of the Property or any portion thereof, the City will send notices to the addresses provided in this paragraph. If Developer no longer owns the Property, notices will be sent to the taxpayer address on file with the Hennepin County. 22. 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, Lower Minnesota River 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 Lower Minnesota River 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. 23. OWNER’S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner’s Supplement(s) to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. OWL – HP Lot Option Pool 01, L.P., a Delaware limited partnership 24. PUBLIC USE OF STREETS: All private streets shown on the Plans must be open to the use of the public as a matter of right for the purposes of vehicular traffic circulation, emergency access, and law enforcement, as if they were “streets” as defined in Minnesota Statutes Chapter 169. Developer and the Master HOA or Sub-HOA may otherwise regulate parking and use of the private streets as provided in the CIC documents. 25. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the R1-9.5 and RM-6.5 Zoning Districts through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): R1-9.5 (Single-family Residential lots) • Minimum Lot Size in R1-9.5– City Code requires a minimum lot size of 9,500 square feet in the R1-9.5 Zoning District. The Waiver allows Lots 13-28, Block 3 to be from 6,382 square feet to 6,796 square feet as specified in the preliminary plat. • Minimum Lot Width in R1-9.5 – City Code requires a minimum lot width of 70 feet in the R1-9.5 Zoning District. The Waiver allows Lots 13-28, Block 3 to be from 50 and 58 feet wide as specified in the preliminary plat. RM-6.5 (Townhome Lots) • Minimum Lot Size in RM-6.5 – City Code requires a minimum lot size for the of 3,000 square feet in the RM-6.5 Zoning District. The Waiver allows the lot sizes for Lots 1-14, Block 1; Lots 1-12, Block 2; Lots 1-12, Block 3; Lots 1-20, Block 4; Lots 1-12, Block 5; Lots 1-20, Block 6; Lots 1-16, Block 7; Lots 1-36, Block 8; and Lots 1-24, Block 9 to be 1,925 square feet or 2,310 square feet as specified on the preliminary plat. • Minimum Lot Depth in RM-6.5 – City Code requires a minimum lot depth of 100 feet for lots in the RM-6.5 Zoning District. The Waiver allows Lots 1-14, Block 1; Lots 1-12, Block 2; Lots 1-12, Block 3; Lots 1-20, Block 4; Lots 1-12, Block 5; Lots 1-20, Block 6; Lots 1-16, Block 7; Lots 1-36, Block 8; and Lots 1-24, Block 9 to be 77 feet deep as specified in the preliminary plat. • Maximum Gross Density in RM-6.5- City Code allows a maximum density of 6.7 units per acre in the RM-6.5 zoning district. The Waiver allows a density of 7.0 units per acre for all the townhomes. 26. RETAINING WALLS: Prior to the issuance of the first building permit for any phase in which a retaining wall will be constructed, 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 the issuance of any occupancy permit for that phase. All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns. 27. 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. 28. SUSTAINABLE BUILDING STANDARD: Approval of the PUD for this development triggered the City’s Sustainable Building Standard requirements. Building plans must incorporate the following features. Developer must complete implementation of the following prior to issuance of any occupancy permit for the relevant phase of the Property. A. Installation of one EV-Ready parking space per dwelling unit for both townhomes and single-family units. EV-Ready means the presence of electrical panel capacity with a dedicated branch circuit and a continuous raceway with conduit terminating in a junction box or 240-volt charging outlet at the future electric vehicle parking spot. B. Roof of each single-family unit is built to meet Solar-Ready Provisions from most recent version of the ICC International Residential Code. Elements include solar-ready zone designation, roof load documentation, interconnection pathway, and reserved space in the electrical service panel. Townhomes are exempt from requirement. 29. PUBLIC IMPROVEMENTS: Prior to issuance by the City of any permit for the construction of public sanitary sewer, water infrastructure, or storm sewer for the Property (the “Public Improvements”), Developer must submit to the City Engineer, and obtain the City Engineer's written approval of plans for the Public Improvements. Plans must be prepared and properly signed by a currently licensed Professional Civil Engineer (Engineer of Record) employed by the Developer. The submitted plans must be of a plan view and profile format on 24” x 36” (or 22” x 34”) plan sheets at 50 scale consistent with City standards. Prior to release of the final plat for the Property, Developer must furnish to the City Engineer and receive the City Engineer’s written approval of financial security equal to 125% of the cost of the Public Improvements. The Developer’s licensed Professional Civil Engineer (Engineer of Record) must provide daily inspection of the Public Improvements, certify completion in conformance to approved plans and specifications, and provide record drawings and testing results. The Developer shall warrant and guarantee and agree to maintain the stability of all public work and materials done, furnished, and installed under this agreement for a period of two years. The Developer shall provide a warranty bond in the amount of 25% of the cost of the Public Improvements. Upon completion of the Public Improvements, the City Engineer will issue a letter to the Developer confirming completion and acceptance of the Public Improvements, and the date of the letter shall be the first day of the two-year warranty period. The City Engineer shall deliver such letter within 30 days of Developer’s request or provide a detailed written response to Developer why the City cannot issue such letter. After expiration of the two-year warranty period, the City shall be responsible for the maintenance and repair of the Public Improvements. The City does not waive any rights, claims, or causes of action it may have, if any, regarding any latent defects to the Public Improvements upon the expiration of the two-year warranty period. 30. STREETLIGHTS ALONG PRIVATE STREETS. Streetlighting shall be installed along the private streets as detailed in the Plans. Developer shall coordinate streetlight installation with the electric service provider. For Xcel Energy’s service area, streetlights must be Cobra or Traditional fixtures based on the Plans at the Standard Service Underground Rate (Rate Code A30). Developer is responsible for all costs, including installation, maintenance, and power, for private streetlights. 31. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit for a phase of the Property, Developer must submit to the City Engineer and obtain written approval of detailed plans for all sidewalks and trails to be constructed on the Property in that phase. Prior to release of the final plat for the relevant phase, Developer must convey to the City an easement for public use of the private sidewalks and trails in that phase in such locations as determined by the City Engineer. Sidewalks and trails must be constructed in the locations as shown on the Exhibit B Plans. After approval of each final plat by the City, Developer must file the sidewalk and trail easement for the sidewalks and trails in that phase with the Hennepin County Recorder and/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 each phase of the Property, Developer must submit to the City Engineer proof that the sidewalk and trail easement for that phase been recorded in accordance with the requirements of this paragraph. Developer must complete implementation of the approved sidewalk and trail plans in the phase of the development in which these unique individual sidewalks and trails are final platted in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 32. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures that will abut existing wetlands or stormwater pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans. 33. TEMPORARY CONSTRUCTION ACCESS: The street access to Liatris Lane must not be open to traffic until the first certificate of occupancy is issued for Phase 3, as described in the Exhibit B Phasing Plan. At all times and for all phases, construction access, including grading, utility, and street and home construction, must utilize the drive off of Charlson Road. 34. 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. 35. VACATION OF DRAINAGE AND UTILITY EASEMENTS, POND ACCESS EASEMENT AND SIDEWALK AND TRAIL EASEMENT: Prior to the issuance of a building permit, or the release of the final plat for a phase the Property (whichever occurs first), the Developer must submit to the City Engineer the following: (i) written evidence that all utility companies with infrastructure within existing drainage and utility easements in that phase have consented to the vacation of the drainage and utility easements as identified in the Plans, such document to be in form and content acceptable to the City, and (ii) that the Developer has a written agreement with each utility company to relocate or abandon existing utility lines if required by the utility company. Furthermore, prior to the issuance of a building permit, or release of the final plat for the Property (whichever occurs first), the City Council must have adopted a resolution vacating existing drainage and utility easements as presented in the Plans, the Pond Access Easement granted to the City dated November 28,, 2005 and filed with the Hennepin County Registrar of Titles’ Office on December 8, 2005 as Document No. 4199301 and the Sidewalk and Trail Easement granted to the City dated November 28,, 2005 and filed with the Hennepin County Registrar of Titles’ Office on December 8, 2005 as Document No. 4199300. 36. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the Property Owner/HOA 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 HOA and/or Owner must remove the snow from the Property. 37. INCLUSIONARY HOUSING: Developer agrees as follows: A. In accordance with City Code § 13.03 (the “IH Ordinance”), seventeen (17) townhome units in the Project must be provided as inclusionary housing units to comply with the IH Ordinance or Developer may pay a cash fee in lieu of providing inclusionary housing units as permitted by City Code § 13.03, subd. 2.B.2, in the amount established by the City’s fee schedule in effect at the time of release of the final plat. Inclusionary units provided must be sold and maintained as inclusionary dwelling units that may only be sold to households earning not in excess of 115% of the area median income as most recently published 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 (the "Inclusionary Units" or “IH Units”). Developer has agreed to provide eight (8) IH Units and pay a cash fee in lieu for the other nine (9) required IH Units. The cash fee in lieu for the 9 IH Units must be paid in three (3) equal installments prior to release of the final plat for each applicable Phase (one-third for Phase 1, one-third for Phase 2 and one-third for Phase 3). The applicable fee for each phase shall be the fee amount in effect at the time of release of the final plat for that phase, as provided in the City’s then-current fee resolution. With respect to the 8 IH Units to be provided in the Project, the City will confirm compliance with this requirement as provided in the Restrictive Covenant referenced below. B. For a period of ten (10) years after the date of initial sale of each Inclusionary Unit to a Third Party ("10-Year Period") the same limitations and requirements will apply to any sale of an Inclusionary Unit by the initial and any subsequent buyer(s). After the 10-Year Period expires, the Inclusionary Units will be unencumbered by these limitations and requirements. For purposes of this section, "Third Party" means a person or persons whose household meets the eligibility requirements of the IH Ordinance and will occupy the unit as their primary residence. C. Prior to any conveyance of an Inclusionary Unit or the issuance of a certificate of occupancy of an Inclusionary Unit, whichever is earlier, Developer must provide to and obtain written approval from the City's Community Development Director of a declaration of restrictive covenant from the fee owner in the form attached hereto as Exhibit F, to be recorded against each Inclusionary Unit (the “Restrictive Covenant”). Developer must record the Restrictive Covenant against each Inclusionary Unit with the Hennepin County Recorder/Registrar of Titles' Office and provide proof of recording to the City prior to the closing of the sale to a Third Party or issuance of a certificate of occupancy for an Inclusionary Unit. D. The location, size and design, quality, and other aspects of the Inclusionary Units must meet the standards set forth in City Code § 13.03, subd. 5. Each townhome building may not contain more than one (1) IH Unit, and the IH Units must be distributed throughout the Project so that all IH Units are not concentrated in one area of the Project. The Developer agrees to provide two (2) of the IH Units in the Phase 1 townhomes, two (2) IH Units in the Phase 2 townhomes, and four (4) IH Units in the Phase 3 townhomes. E. This requirement will run with the Property and be binding upon the Developer and the Owner until the sale of the IH units and on all successor owners of the IH units until the end of the 10-Year Period. In the event that the Developer/Owner assigns its interest in the Project prior to the completion of the construction of the eight (8) IH units and sale to Third Party purchasers in accordance with the section, the terms and conditions of this section shall be binding upon the Developer/Owner’s successors and assigns. Upon the completion of the construction of the IH Units and the initial sale to Third Party purchases in accordance with this section, Developer/Owner’s obligation shall terminate and Developer/Owner shall no longer be liable for compliance with this section. 38. EARLY BUILDING PERMITS FOR MODEL HOMES: Developer may obtain no more than one building permit per phase for use solely as unoccupied model homes prior to the completion of the Public Improvements for that phase, so long as Developer is in compliance with the following terms and conditions: a. The City Engineer has approved the location of the model homes and has determined that the model home construction will not adversely impair grading, installation of Public Improvements, and other development work. b. The Fire Chief has approved the location of the model homes and has determined that access can be achieved throughout the project c. The final plat for the respective phase has been recorded. d. The model home construction is performed in compliance with all terms and conditions of this Agreement, and compliance is maintained throughout the process of construction of the model homes. e. Developer assumes all risk that construction of the model homes will require alteration, removal, or restoration of grading, Public Improvements, other development work, or the model homes, if directed by the City Engineer. By permitting construction of the model homes, the City does not waive any rights pursuant to any provisions of this Agreement or other legal requirements. Except as otherwise specifically provided herein, all terms and conditions of this Agreement apply to the construction of the model homes. f. No occupancy permit will be issued for a model home prior to completion and acceptance of the Public Improvements. 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 U.S. Home, LLC By ________________________________ Joe Jablonski Its Vice President ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2026, by Joe Jablonski, the Vice President of U.S. Home, 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 EXHIBIT A Prairie Bluff Commons Development Agreement Legal Description Before Final Plat: Parcel 1: Lot 1, Block 1, Eden Bluff Highlands 2nd Addition, Hennepin County, Minnesota and Parcel 2: Lot 1, Block 1, Eden Bluff Highlands 4th Addition, Hennepin County, Minnesota Legal Description After Final Plat: Lots 1-15, Block 1; Lots 1-13, Block 2; Lots 1-13, Block 3; and Outlots A, B, C, D, E, F, G, H, Prairie Bluff Commons, Hennepin County, Minnesota. EXHIBIT B Prairie Bluff Commons Development Agreement Exhibit B Plans Project Narrative dated 5/28/2026 by Lennar Phasing Plan provided on 5/11/2026 by Lennar Illustrative Plan dated 4/6/2026 by Westwood Current Guiding Map dated 4/21/2026 by Westwood Proposed Guiding Map dated 4/21/2026 by Westwood Rezoning Exhibit dated 2/16/2026 by Westwood Cover dated 10/21/2025 by Westwood Alta Survey 1 dated 9/26/2025 by Westwood Alta Survey 2 dated 9/26/2025 by Westwood Existing Conditions dated 4/21/2026 by Westwood Existing Conditions dated 4/21/2026 by Westwood Removals Plan dated 4/21/2026 by Westwood Removals Plan dated 4/21/2026 by Westwood Preliminary Site Plan dated 4/21/2026 by Westwood Preliminary Site Plan dated 7/9/2026 by Westwood Overall Preliminary Plat dated 7/9/2026 by Westwood Preliminary Plat dated 4/21/2026 by Westwood Preliminary Plat dated 7/9/2026 by Westwood Preliminary Grading and Erosion Control Plan dated 4/21/2026 by Westwood Preliminary Grading and Erosion Control Plan dated 7/9/2026 by Westwood Preliminary Utility Plan dated 4/21/2026 by Westwood Preliminary Utility Plan dated 7/9/2026 by Westwood Tree Preservation Plan dated 4/21/2026 by Westwood Tree Preservation Plan dated 4/21/2026 by Westwood Tree Preservation Data dated 4/21/2026 by Westwood Overall Preliminary Landscape Plan dated 7/9/2026 by Westwood Preliminary Landscape Plan dated 7/9/2026 by Westwood Preliminary Landscape Plan dated 7/9/2026 by Westwood Preliminary Landscape Plan dated 7/9/2026 by Westwood Preliminary Landscape Plan dated 7/9/2026 by Westwood Preliminary Landscape Plan dated 4/21/2026 by Westwood Preliminary Landscape Plan dated 4/21/2026 by Westwood Preliminary Landscape Plan dated 4/21/2026 by Westwood Preliminary Landscape Plan dated 4/21/2026 by Westwood Preliminary Foundation Planting Plan dated 4/21/2026 by Westwood Preliminary Landscape Notes and Details dated 4/21/2026 by Westwood Key Map for Cross Sections dated 3/31/2026 by Westwood Cross Sections dated 3/31/2026 by Westwood Liberty Townhome Configurations dated 7/13/2023 by Lennar Liberty Townhome Elevations dated 6/1/2025 by Lennar Liberty Townhome Foundation and Floor Plans dated 6/1/2025 by Lennar Townhome Elevation with Building Height dated 9/10/2024 by Lennar Liberty Townhome Rendering dated 6/8/2026 by Lennar Liberty Townhome Rendering dated 6/8/2026 by Lennar Liberty Townhome Rendering dated 6/8/2026 by Lennar Liberty Townhome Foundation and Roof Plans dated 9/10/2025 by Lennar Liberty Townhome Overall Main and Upper Floor Plans dated 9/10/2025 by Lennar Photo of Rear Elevations of Existing Townhomes provided on 6/8/2026 by Westwood Photo of Rear Elevations of Existing Townhomes provided on 6/8/2026 by Westwood Photo of Rear Elevations of Existing Townhomes provided on 6/8/2026 by Westwood Photo of Rear Elevations of Existing Townhomes provided on 6/8/2026 by Westwood Lifestyle Villa Homes dated 9/2025 by Lennar Lifestyle Villa Homes Elevation dated 9/2/2025 by Lennar Lifestyle Villa Homes Rendering dated 6/8/2026 by Lennar Lifestyle Villa Homes Rendering dated 6/8/2026 by Lennar Safety Response Plan dated 4/21/2026 by Westwood Turning Movement Exhibit A dated 10/21/2025 by Westwood Turning Movement Exhibit A dated 10/21/2025 by Westwood EXHIBIT C Prairie Bluff Commons 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. To the Developer’s knowledge, 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’s knowledge as used in this subparagraph “d” is based solely on the conclusion of its environmental consultant Braun Intertec that the site revealed no recognized environmental conditions as set forth in a Phase I ESA performed in accordance with the scope and limitations of ASTM E1527-21 for the Property. 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, 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 locations and all proposed streets, with approved street names, lot arrangements, and property lines. 12. If Developer fails to commence development work 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 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) days’ written 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 twenty-four (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 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. EXHIBIT D Prairie Bluff Commons Development Agreement PRAIRIE BLUFF COMMONS DISCLOSURE OF INFORMATION Developer must cause the following notice to be given, either from Developer itself or Developer’s successor(s)-in-interest to any portion of the Property, to all residential home purchasers of lots within the Property who intend to be the first occupant of a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property, whichever occurs first: The Property is located near the Flying Cloud Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is available 24 hours a day, year round. The Airport operates two parallel east/west runways, and a north/south crosswind runway, all of which are lighted. The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft; helicopters; and pilot training facilities; which may affect the Property. Further information regarding the airport can be obtained from the Airport Manager, Telephone No,: 952-944-1035. EXHIBIT E Prairie Bluff Commons 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, 2026, by and between ___________________________, 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 and legally described as Outlot D, Prairie Bluff Commons, Hennepin County, Minnesota, according to the recorded plat thereof. (“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; 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 Water Resources Coordinator in writing or by email 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 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 thirty (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 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. 19. The recitals set forth above are expressly incorporated herein. (signatures on following pages) IN WITNESS WHEREOF, Owner and the City have entered this Agreement as of the date written above. OWNER _______NOT TO BE SIGNED_____ By: Joe Jablonski Its: Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2026, by Joe Jablonski, the Vice President of U.S. Home, LLC, a Delaware limited liability company, on behalf of the company. Notary Public 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 EXHIBIT A: Map of Private BMPs on Property, including City water body identification number and areas requiring street sweeping EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and Maintenance Checklist Private Stormwater BMP Inspection Checklist 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 Yes No BMP. (If any maintenance is Yes No slopes and/or around inlets and/or outlets that requires Yes No end sections, standpipes, drain tiles, concrete aprons) require Yes No forebay, sump, filter strip, rock) have accumulated sediment, Yes No BMP that looks or smells unusual (e.g., oil, paint, foamy)? Yes No If it appears to require immediate attention, call 911. Is there accumulation of sediment, trash and/or debris in the main/deepest part of the Yes No Are paved surfaces draining to basin free of sediment and Yes No more than 48 hours when it Yes No N/A removed? Any vegetation to be mowed/trimmed? Weeds to be Yes No Yes No Yes No complaints about this BMP since Yes No Additional Notes: Private Stormwater BMP Maintenance Checklist 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 Repair erosion/damage on side slopes and/or around inlets and outlets. flared-end sections, standpipes, drain tiles, concrete aprons). sump, filter strip, rip rap). areas looks and smells normal. and/or debris. kept free of sediment and debris. water infiltrates within 48 hours. vegetation if needed, and remove weeds. mulch, as applicable. native vegetation through mowing, spot spraying weeds and/or prescribed burning. the public resolved. Additional Notes: EXHIBIT F Prairie Bluff Commons Development Agreement Inclusionary Housing - Declaration of Restrictive Covenants DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS (this “Declaration”) is made as of _______________________, 2026, by U.S. Home, LLC, a Delaware limited liability company and its successors and assigns (“Developer”), in favor of the City of Eden Prairie, a Minnesota municipal corporation (“City”). RECITALS A. Developer is the developer of a project that includes 166 market-rate, ownership townhome units, located in Eden Prairie, Hennepin County, Minnesota known as Prairie Bluff Commons (the “Project”). B. The Project is subject to the inclusionary housing requirements of Eden Prairie City Code Section 13.03 (the “IH Ordinance”). The IH Ordinance requires at least seventeen (17) dwelling units in the Project be affordable to households at or below 115% of area median income for a period of ten (10) years (the “IH Units”). Developer is providing eight (8) IH Units and paying a cash fee-in-lieu for the remaining nine (9) IH Units. C. As of the date of this Declaration, Developer is the fee owner of the unit legally described on the attached Exhibit A (the “Unit”) and has identified the Unit as one of the IH Units in the Project. D. As a condition of the City’s approval of the Project, this Declaration is required to be recorded against the title of the Unit by Developer prior to the initial sale of the Unit to a Third Party purchaser to memorialize and implement the requirements of the IH Ordinance. For purposes of this Declaration, “Third Party” means a person or persons whose household meets the eligibility requirements of the IH Ordinance and will occupy the unit as their primary residence. E. The restrictive covenants set forth herein govern the initial transfer and sale of the Unit from Developer to a Third Party and all subsequent transfers and sales by subsequent owners of the Unit (each an “Owner” and collectively “Owners”) and this Declaration will be and are covenants running with the Unit for the term described herein and binding upon all Owners of the Unit for such term hereof. NOW, THEREFORE, in consideration of the promises and covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer, as the fee owner of the Unit, and all future Owners of the Unit, agrees and declares as follows: 1. Term. The term of the income restrictions imposed by this Declaration will commence upon the date of this Declaration and will expire that date that is ten (10) years after the date that Developer conveys the Unit to a Third Party (“Term”). 2. Income and Price Restriction. During the Term, the Unit may only be transferred to a household earning at or below 115% of area median income (AMI), as most recently determined by the United States Department of Housing and Urban Development (HUD) for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. The purchase price of the Unit must be set such that it is affordable to a household earning at or below 115% of AMI, as such affordability has been most recently determined using the Metropolitan Council’s Ownership and Rent Affordability Limits and associated methodology. For purposes of this Declaration, the term “transfer” means any total sale, assignment, conveyance, or transfer in any other mode or form with respect to the Unit, or any contract or agreement to do the same. Compliance with the IH Ordinance, for the initial sale of each IH Unit, will be determined as follows: a. If Developer applies for building permits from the City for IH Units on or before December 31, 2026, the AMI Ownership and Rent Affordability limits published by HUD and Metropolitan Council as of the date of preliminary plat approval for the Project (June 16, 2026) shall be used, which require a maximum sale price of $_____________ for each IH Unit and maximum AMI of an eligible household of $_______________. b. If Developer does not apply for building permits for IH units on or before December 31, 2026, the applicable sales price and AMI will be based on the most recently published HUD and Metropolitan Council calculations of AMI Ownership and Rent Affordability limits. c. All subsequent sales of the IH Units will use the most recently published calculations during the effective term of this IH Agreement. 3. Eligibility Verification. Prior to closing on a sale of the Unit, an Owner must submit to the City’s Community Development Director such documentation and information as deemed necessary, as determined by the Community Development Director in their sole discretion, to verify that the proposed purchaser meets the income eligibility requirements established by this Declaration and the IH Ordinance, and the purchase price meets the affordability requirements of the IH Ordinance. Such documentation must be submitted to the Community Development Director no later than thirty (30) days prior to the anticipated date of closing for the Unit. If the Community Development Director determines that the proposed purchaser’s income does not meet the eligibility requirements of the IH Ordinance, the Unit may not be sold to the purchaser identified on the documentation submitted to the City as provided herein. If the City determines that the proposed purchaser meets the eligibility requirements of the IH ordinance, the Owner of the Unit may convey title to the purchaser as identified in the documentation submitted to the Community Development Director approved by the same. 4. Primary Residence. Pursuant to the IH Ordinance, any income-eligible household purchasing the Unit in accordance with this Declaration must occupy the Unit as its primary residence. The Unit may not be leased to a third party during the Term, except as otherwise approved by the City in the event of a lender’s foreclosure. 5. Enforcement. Any transfer made in violation of the terms of this Declaration will be deemed void. Owner acknowledges that the primary purpose for requiring compliance by an Owner with the restrictions provided in this Declaration is to ensure compliance of the Unit with the housing affordability covenants set forth in the IH Ordinance, and by reason thereof, Owner, hereby agrees and consents that the City will be entitled, for any breach of the provisions of this Declaration, and in addition to all other remedies provided by law or in equity, to enforce specific performance by such Owner of its obligations under this Declaration in a state court of competent jurisdiction. Owner hereby further specifically acknowledges that the City cannot be adequately compensated by monetary damages in the event of any default hereunder. Owner further agrees that it must pay for all reasonable costs, including attorneys’ fees, incurred by the City in enforcing this Declaration. Upon the sale and transfer of title of the Unit from Developer to a Third Party, Developer shall no longer be deemed an Owner under this Declaration and shall not be liable for compliance with Declaration by such Third Party or any subsequent Owners. 6. Governing Law. This Declaration will be governed by the laws of the State of Minnesota. 7. Recording and Filing. Upon execution and delivery by the Developer, the Developer must cause this Declaration to be recorded and filed with the Office of the Hennepin County Recorder or Registrar of Titles, as appropriate. Upon recording, the Developer must immediately transmit to the City a copy of the recorded Declaration showing the date and document numbers of record. 8. Covenants to Run with the Land. The Developer intends, declares and covenants, on behalf of itself and all future Owners of the Unit during the Term, that this Declaration and the covenants set forth herein restricting the transfer of the Unit (i) will be and are covenants running with the Unit, encumbering the Unit for the term of this Declaration, binding upon all Owners as successors in title, (ii) are not personal covenants of the Developer, and (iii) will bind all Owners (and the benefits will inure to the City) and its respective successors and assigns during the term of this Declaration. All requirements of the laws of the State of Minnesota to be satisfied in order for the provisions of this Declaration to constitute deed restrictions and covenants running with the land will be deemed to be satisfied in full, and that any requirements or privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to ensure that these restrictions run with the land. For the term of this Declaration, each and every contract, deed, or other instrument hereafter executed conveying the Unit shall expressly provide that such conveyance is subject to this Declaration, provided, however, that the covenants contained herein shall survive and be effective regardless of whether such contract, deed or other instrument hereafter executed conveying the Unit provides that such conveyance is subject to this Declaration. IN WITNESS HEREOF, Owner has caused this Declaration to be signed by its duly authorized representative as of the day and year first written above. DEVELOPER: U.S. HOME, LLC ___________________________________ By: Joe Jablonski ________________________________ Its: Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20___, by Joe Jablonski, the Vice President of U.S. Home, 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 EXHIBIT A To Inclusionary Housing - Declaration of Restrictive Covenants Legal Description of Unit: OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN U.S. HOME, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of _________, 2026, by and between OWL – HP Lot Option Pool 01, L.P., a Delaware limited partnership (“Owner”), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to approve that certain Development Agreement, including all City Approvals referenced therein (“Development Agreement”) entered into as of ____________, 2026, by and between U.S. Home, LLC (“Developer”) and City pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If Developer fails to commence development in accordance with the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of all City Approvals referenced in the Development Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property.. 3. Neither the Owner or any transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. Prairie Bluff Commons Development Agreement 48 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER OWL – HP Lot Option Pool 01, L.P., a Delaware limited partnership By: OWL – HP PBLO GP, LLC, a Delaware limited liability company its General Partner By: Steven C. Porath Authorized Person A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , , before me, (here insert name and title of the officer) personally appeared ___________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Prairie Bluff Commons Development Agreement 49 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 Prairie Bluff Commons Development Agreement 50 EXHIBIT A OWNERS SUPPLEMENT LEGAL DESCRIPTION Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Legal Description Before Final Plat: Parcel 1: Lot 1, Block 1, Eden Bluff Highlands 2nd Addition, Hennepin County, Minnesota and Parcel 2: Lot 1, Block 1, Eden Bluff Highlands 4th Addition, Hennepin County, Minnesota Legal Description After Final Plat: Lots 1-15, Block 1; Lots 1-13, Block 2; Lots 1-13, Block 3; and Outlots A, B, C, D, E, F, G, H, Prairie Bluff Commons, Hennepin County, Minnesota. City Council Agenda Cover Memo Date: September 1, 2026 Sec on: Consent Calendar Item Number: VII.B. Department: Public Works / Engineering – Ashton Kogel ITEM DESCRIPTION This proposal is for the plat located west of Charlson Road and north of Flying Cloud Drive. The plat consists of dividing one parcel into 41 lots and 5 Outlots totaling 16.7 acres. REQUESTED ACTION Move to: Adopt the resolution approving the ﬁnal plat of Prairie Bluﬀ Commons. SUMMARY The preliminary plat was approved by City Council on June 16, 2026 for U.S. Home, LLC. Second reading of the ﬁnal site plan approval was approved by the City Council on September 1, 2026. Approval of the ﬁnal plat is subject to the following conditions: •Prior to release of the ﬁnal plat: o Developer has signed the Development Agreement or has provided assurances to the satisfaction of the City Attorney that the Developer will acquire fee title to the property and the Development Agreement will be signed by Developer and recorded with Hennepin County contemporaneous with recording of the ﬁnal plat. o Receipt of engineering fee which will include 5% of the cost of Public Improvements plus 41 residential units at the current years plat review rate o Receipt of inclusionary housing fee o Tender a warranty deed for proposed Outlots A & F for approval by the City o Provide trail and sidewalk easements to the City o Provide documentation that Hennepin County has approved the plat o Developer must furnish to the City Engineer and receive written approval of ﬁnancial security equal to 125% of the cost of the Public Improvements. ATTACHMENTS Resolution Prairie Bluff Commons Final Plat City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING THE FINAL PLAT OF PRAIRIE BLUFF COMMONS WHEREAS, the plat of Prairie Bluﬀ Commons has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Prairie Bluﬀ Commons is approved upon compliance with the following items: the developer has signed the Development Agreement or has provided assurances to the satisfaction of the City Attorney that the Developer will acquire fee title to the property and the Development Agreement will be signed by Developer and recorded with Hennepin County contemporaneous with recording of the ﬁnal plat, receipt of engineering fee which will include 5% of the cost of Public Improvements plus 41 residential units at the current years plat review rate, receipt of inclusionary housing fee, tender a warranty deed for proposed Outlots A & F for approval by the City, provide trail and sidewalk easements to the City, provide documentation that Hennepin County has approved the plat and developer must furnish to the City Engineer and receive written approval of ﬁnancial security equal to 125% of the cost of the Public Improvements. B. That the City Clerk is hereby directed to supply a certiﬁed copy of this resolution to the owners of the subdivision of the above-named plat. C. That the Mayor and City Manager are hereby authorized to execute the certiﬁcate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council of the City of Eden Prairie on September 1, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk Sheet 1 of 3 Sheets PRAIRIE BLUFF COMMONS R.T. DOC. NO. CITY COUNCIL, CITY OF EDEN PRAIRIE, MINNESOTAThis plat of PRAIRIE BLUFF COMMONS was approved and accepted by the City Council of the City of Eden Prairie, Minnesota at a regular meeting thereof held this day of , 20 and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. CITY COUNCIL, CITY OF EDEN PRAIRIE, MINNESOTA By By Mayor Manager COUNTY AUDITOR, Hennepin County, MinnesotaI hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat, dated this day of , 20 . Daniel Rogan, County Auditor By Deputy SURVEY DIVISION, Hennepin County, MinnesotaPursuant to MN. STAT. Sec. 383B.565 (1969) this plat has been approved this day of , 20 . Chris F. Mavis, County Surveyor By COUNTY RECORDER, Hennepin County, MinnesotaI hereby certify that the within plat of PRAIRIE BLUFF COMMONS was recorded in this office this day of , 20 ,at o'clock .M. Amber Bougie, County Recorder By Deputy REGISTRAR OF TITLES, Hennepin County, MinnesotaI hereby certify that the within plat of was filed in this office this day of , 20 , at o'clock .M. Martin McCormick, Registrar of Titles By Deputy KNOW ALL PERSONS BY THESE PRESENTS: That OWL-HP Lot Option Pool 01, L.P., a Delaware limited partnership, owner of the following described property: Lot 1, Block 1, in Eden Bluff Highlands 2nd Addition, Hennepin County, MinnesotaCertificate of Title No. 1608486 AND Lot 1, Block 1, Eden Bluff Highlands 4th Addition, Hennepin County, MinnesotaCertificate of Title No. 1200816 Has caused the same to be surveyed and platted as PRAIRIE BLUFF COMMONS and does hereby dedicate to the public for public use the public ways and the drainage and utilityeasements as created by this plat. In witness whereof said OWL-HP Lot Option Pool 01, L.P., a Delaware limited partnership, has caused these presents to be signed by its proper officer this day of 20 . Signed: OWL-HP LOT OPTION POOL 01, L.P. By: OWL-HP PBLO GP, LLC, its General Partner By Steven C. Porath, Authorized Person STATE OF CALIFORNIACOUNTY OF LOS ANGELESOn , , before me, personally appeared , whoproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed thesame in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed theinstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal)Signature I Ernest M. Wirtz Jr do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is acorrect representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will becorrectly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled onthis plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 . Ernest M. Wirtz Jr, Land SurveyorMinnesota License No. 63119 STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of , 20 , by Ernest M. Wirtz Jr. (Signature)(Name Printed) Notary Public, County, Minnesota My Commission Expires 1 2 3 4 13 14 15 OU T L O T C 1 OUTLOT F OUTLOT H OUTLOT G 67 69 70 70 N60°49 ' 3 0 " W 4 2 9 . 3 4 N84°09'03"W 324.00 N29 ° 2 8 ' 4 7 " W 2 4 6 . 3 5 - - - N1 8 ° 1 0 ' 4 7 " E 5 1 9 . 0 1 S72°1 8 ' 0 0 " E 31.11 N17 ° 4 2 ' 0 0 " E 48. 7 3 S72°17'46"E 6 0 2 . 4 1 ∆=90°00 ' 0 0 " R=19.00 L=29.85 N1 7 ° 4 2 ' 1 4 " E 41. 9 5 ∆=1 7 ° 1 3 ' 3 4 " R=2 8 4 . 0 0 L=8 5 . 3 9 ∆=26 ° 3 4 ' 5 0 " R=20 8 . 3 1 L=96 . 6 4 N61°30' 3 8 " E 33.87∆=14°52'1 5 " R=276.00 L=71.63 ∆=15°52'0 6 " R=760.60 L=210.65 ∆=30 ° 4 9 ' 2 4 " R=22 4 . 0 0 L=12 0 . 5 0 N29 ° 4 1 ' 2 3 " E 77.9 1 S29 ° 2 8 ' 4 7 " E 1 2 0 . 4 3 N60°31' 2 4 " E 1 9 6 . 9 6 N60°31' 2 4 " E 94.38 101 . 5 3 125 . 9 2 - - - 18.90 246.52 44.82 S60°31' 1 3 " W 1 0 8 . 9 8 S26 ° 3 4 ' 3 6 " E 31.9 3 N59°18 ' 4 8 " W 1 2 9 . 7 4 N70°17'45" W 3 4 6 . 0 9 S35° 4 7 ' 2 6 " W 29.2 3 S56°57 ' 2 9 " W 41.79 S76°42'39"E35.50 S42° 4 6 ' 4 5 " E 2 1 2 . 6 5 S82°39'31"E 121.65 571.71 30.70 S18 ° 1 0 ' 4 7 " W 48. 7 3 Drainage & Utility Easementover all of OUTLOT F Drainage & Utility Easementover all of OUTLOT H Found 1/2 Inch Rebar Found Nail in bit Found 1/2 Inch Rebar Found Mag Nail Found Mag Nail S29 ° 4 1 ' 2 3 " W 74.6 6 S0 0 ° 0 2 ' 3 3 " E 1 4 1 1 . 1 3 0 50 100 150 Sheet 2 of 4 Sheets PRAIRIE BLUFF COMMONS R.T. DOC. NO. DENOTES SET 1/2 INCH BY 14 INCH IRON REBAR WITH CAPINSCRIBED LICENSE NUMBER 63119 TO BE SET INACCORDANCE WITH MN STATE STATUTE 505.021, SUBD. 10 DENOTES FOUND MONUMENT, LICENSE NUMBER 23021 THE SOUTH LINE OF LOT 1, BLOCK 1, EDEN BLUFF HIGHLANDS2ND ADDITION IS ASSUMED TO BEAR S 89°17'04" W SCALE IN FEET SCALE: 1 INCH = 50 FEET FOUND HENNEPIN COUNTY CAST IRON MONUMENT S 1/4 Corner of Section 28Twp. 116, Rge. 22Found Hennepin CountyCast Iron Monument MATCH L I N E (SEE SH E E T 3 O F 4 S H E E T S ) 1 2 3 4 5 6 7 8 9 10 11 12 13 1415 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 OUTLOT A OUTLOT C OUTLOT C OU T L O T C OU T L O T C 13 OUTLOT B 1 2 3 S89°17'04"W 114.61 N82°36'03"E 184.31 S89°47'34"E56.46 S78°53'51"E100.30 S89°17'04"W 893.34 S47°3 1 ' 0 5 " W 66.80 S1 0 ° 0 1 ' 1 7 " E 2 0 2 . 5 1 S0 5 ° 2 8 ' 4 8 " E 1 1 9 . 9 8 S1 0 ° 0 1 ' 1 6 " E 2 0 2 . 5 7 C= 3 5 . 1 0 CB = N 1 1 ° 3 4 ' 1 9 " W ∆= 3 ° 0 6 ' 0 6 " R= 6 4 8 . 5 0 L= 3 5 . 1 1 N78°47'05"E 115.5 9∆=10°29'42" R=312.50L=57.24N89°16'47"E 248.97 ∆=18°48'52"R=212.50L=69.78 S71°54'21"E 3 8 2 . 6 3 - - - 2 4 6 . 3 5 N 2 9 ° 2 8 ' 4 7 " W N29 ° 4 4 ' 5 7 " E 5 2 9 . 1 8 246.52 44.82 25.55 74.75 51 . 1 4 68 . 8 4 N0 0 ° 4 2 ' 5 6 " W 1 4 8 . 4 2 S0 0 ° 4 2 ' 5 6 " E 1 2 8 . 4 4 N89°17'04"E 836.74 S89°17'04"W64.29 N0 0 ° 4 2 ' 5 6 " W 2 3 2 . 0 7 ∆=90°0 0 ' 0 0 " R=53 . 5 0 L=84 . 0 4 C=21.01CB=S09°24'40"E∆=17°23'28"R=69.50L=21.10 N89°17'04"E51.71 N00°42'56"W27.00 ∆=90°00'00"R=19.50L=30.63 S72°01'45"E 49.35 ∆=1 1 ° 2 8 ' 4 1 " R= 2 1 3 . 5 0 L= 4 2 . 7 7 ∆=82°40'06"R=18.50L=26.69N18°19'23"E14.39 N71°54'21"W12.46 ∆=89°46'16"R=4.50L=7.05 ∆=90°00'00"R=26.50L=41.63 Found Mag Nail in bit Found 1/2 Inch Rebar Found Mag Nail in bitFound Mag Nail in bit OUTLOT C 86.5 86.5 15 0 OUTLOT D OUTLOT E N37° 3 9 ' 1 3 " W 1 7 9 . 1 4 S34 ° 1 1 ' 3 7 " W 1 0 3 . 6 9 S38° 5 1 ' 2 5 " W 8 0 . 3 1 N89°17'04"E 121.86 N89°17'04"E27.00 ∆=90°00'00"R=26.50L=41.63 21 7 . 1 2 14.95 Drainage & Utility Easementover all of OUTLOT A Drainage & Utility Easementover all of OUTLOT D Drainage & Utility Easementover all of OUTLOT C Drainage & Utility Easementover all of OUTLOT E south line of Lot 1, Block 1,EDEN BLUFF HIGHLANDS 2ND ADDITION 96 N60°31 ' 2 4 " E 94.38 N1 8 ° 1 0 ' 4 7 " E 5 1 9 . 0 1 - - - N60°31' 2 4 " E 1 9 6 . 9 6 125 . 9 2 --- 1 0 1 . 5 3 18.90 Found 1/2Inch Rebar 0 50 100 150 Sheet 3 of 4 Sheets PRAIRIE BLUFF COMMONS R.T. DOC. NO. INSET A (SEE SHEET 4 OF 4 SHEETS) DENOTES SET 1/2 INCH BY 14 INCH IRON REBAR WITH CAPINSCRIBED LICENSE NUMBER 63119 TO BE SET INACCORDANCE WITH MN STATE STATUTE 505.021, SUBD. 10 DENOTES FOUND MONUMENT, LICENSE NUMBER 23021 THE SOUTH LINE OF LOT 1, BLOCK 1, EDEN BLUFF HIGHLANDS2ND ADDITION IS ASSUMED TO BEAR S 89°17'04" WSCALE IN FEET SCALE: 1 INCH = 50 FEET FOUND HENNEPIN COUNTY CAST IRON MONUMENT MATCH L I N E (SEE SH E E T 2 O F 4 S H E E T S ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 OUTLOT C OUTLOT C OU T L O T C OU T L O T C 131 2 3 S71°54'21"E 3 8 2 . 6 3 ∆=18°48'52"R=212.50L=69.78 N89°16'47"E 248.97 ∆=10°29'42" R=312.50L=57.24 N78°47'05"E 115.5 9 ∆= 3 ° 0 6 ' 0 6 " R= 6 4 8 . 5 0 L= 3 5 . 1 1 S1 0 ° 0 1 ' 1 6 " E 2 0 2 . 5 7 S0 5 ° 2 8 ' 4 8 " E 51 . 1 4 N60°31' 2 4 " E 44.82 N0 0 ° 4 2 ' 5 6 " W 27 . 0 0 S72°01'45"E 49.35 N 1 8 ° 1 9 ' 2 3 " E 14. 3 9 ∆=89°46'16"R=4.50L=7.05 N71°54'21"W12.46 ∆=82 ° 4 0 ' 0 6 " R=1 8 . 5 0 L=2 6 . 6 9 ∆=1 1 ° 2 8 ' 4 1 " R= 2 1 3 . 5 0 L= 4 2 . 7 7 N0 0 ° 4 2 ' 5 6 " W 2 3 2 . 0 7 ∆=90°0 0 ' 0 0 " R=19 . 5 0L=30 . 6 3 S89°17'04"W51.71 N89°17'04"E 836.74 ∆=90°0 0 ' 0 0 " R=26 . 5 0 L=41 . 6 3 S89°17'04"W64.29 ∆=2 ° 2 1 ' 5 5 " L= 2 6 . 7 7 ∆=0° 4 4 ' 1 1 " L=8 . 3 3 N79°17'04"E 86.78 N89°12'52"E 206.82 ∆=31°47'12"R=28.50L=15.81∆=89°3 2 ' 2 3 " R=19 . 5 0 L=30 . 4 7 S0 0 ° 1 9 ' 3 1 " E 7. 2 9 ∆=9 ° 1 5 ' 4 9 " R= 5 1 3 . 5 0 L= 8 3 . 0 2 ∆=7 ° 2 3 ' 0 8 " R= 4 8 6 . 5 0 L= 6 2 . 7 1 ∆=92°1 6 ' 0 6 " R=19. 5 0 L=31. 4 0 N89°17'04"E6.30 ∆=90°00'00"R=4.50L=7.07 N00°42'56"W15.50 N89°17'04"E 145.00 S00°42'56"E15.50 ∆=90°00'00"R=4.50L=7.07 N89°17'04"E10.45 ∆=90° 0 0 ' 0 0 " R=19 . 5 0 L=30 . 6 3 N0 0 ° 4 2 ' 5 6 " W 1 3 3 . 4 0 N89°17'04"E37.00 S0 0 ° 4 2 ' 5 6 " E 1 0 7 . 9 0 S 0 0 ° 4 2 ' 5 6 " E 25 . 5 0 N89°17'04"E10.00 ∆=90°0 0 ' 0 0 " R=19 . 5 0 L=30 . 6 3 N89°17'04"E32.48 ∆=90° 0 0 ' 0 0 " R=53 . 5 0 L=84 . 0 4 27.00 37.29 N72°01'01"W 40.81 ∆=96°15'14" R=19.50 L=32.76 ∆=1 2 ° 2 6 ' 4 1 " R= 1 8 6 . 5 0 L= 4 0 . 5 1 S0 0 ° 4 2 ' 5 6 " E 1 4 3 . 4 5 ∆=90°0 0 ' 0 0 " R=19 . 5 0 L=30 . 6 3 S89°17'04"W 159.76 ∆=88° 0 0 ' 4 5 " R=19 . 5 0 L=29 . 9 5 ∆=7 ° 3 9 ' 5 9 " R= 5 1 3 . 5 0 L= 6 8 . 7 1 ∆=9 ° 1 5 ' 4 9 " R= 4 8 6 . 5 0 L= 7 8 . 6 6 S0 0 ° 1 9 ' 3 1 " E 6. 7 0 ∆=90°0 3 ' 2 9 " R=19. 5 0L=30. 6 5 S89°37'01"W 51.58 ∆=18°21'59"R=233.00 L=74.69 S72°02'43"E 1 7 2 . 5 2 ∆=100°2 5 ' 2 6 " R=19.5 0 L=34.1 8 ∆=8 ° 1 4 ' 4 6 " R= 1 8 6 . 5 0 L= 2 6 . 8 4 N0 0 ° 4 2 ' 5 6 " W 2 3 2 . 0 7 ∆=90°0 0 ' 0 0 " R=19 . 5 0 L=30 . 6 3 S89°17'04"W 71.31 ∆=90°00'00"R=4.50L=7.07 S0 0 ° 4 2 ' 5 6 " E 1 5 . 5 0 S89°17'04"W 64.00 S0 0 ° 4 2 ' 5 6 " E 1 5 . 5 0 ∆=90°00'00"R=4.50L=7.07 S89°17'04"W13.69 ∆=90° 0 0 ' 0 0 " R=19 . 5 0 L=30 . 6 3 S0 0 ° 4 2 ' 5 6 " E 1 4 3 . 4 5 ∆=1 4 ° 1 4 ' 4 8 " R= 2 1 3 . 5 0 L= 5 3 . 0 9 ∆=85 ° 3 4 ' 3 5 " R=1 9 . 5 0 L=2 9 . 1 3 N89°17'04"E 77.00 S89°17'04"W 77.00 N89°17'04"E 77.00 S89°17'04"W 77.00 S89°17'04"W 77.00 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 N0 0 ° 4 2 ' 5 6 " W 1 1 0 . 0 0 N0 0 ° 4 2 ' 5 6 " W 1 1 0 . 0 0 N89°17'04"E 77.00 S89°17'04"W 77.00 N89°17'04"E 77.00 S89°17'04"W 77.00 S89°17'04"W 77.00 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 N89°17'04"E 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 S89°17'04"W 77.00 N0 0 ° 4 2 ' 5 6 " W 1 6 0 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 S89°17'04"W 77.00 S89°17'04"W 77.00 S89°17'04"W 77.00 S89°17'04"W 77.00 S89°17'04"W 77.00 S89°17'04"W 77.00 N89°17'04"E 77.00 30 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 S89°17'04"W 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 30 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 N89°17'04"E 77.00 S89°17'04"W 77.00 N89°17'04"E 77.00 S89°17'04"W 77.00 S89°17'04"W 77.00 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 N0 0 ° 4 2 ' 5 6 " W 1 1 0 . 0 0 S0 0 ° 4 2 ' 5 6 " E 1 1 0 . 0 0 S0 0 ° 4 2 ' 5 6 " E 1 1 0 . 0 0 N0 0 ° 4 2 ' 5 6 " W 1 1 0 . 0 0 S89°17'04"W 77.00 N89°17'04"E 77.00 S89°17'04"W 77.00 N89°17'04"E 77.00 N89°17'04"E 77.00 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 N89°17'04"E 77.00 S89°17'04"W 77.00 N89°17'04"E 77.00 S89°17'04"W 77.00 S89°17'04"W 77.00 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 30 . 0 0 25 . 0 0 25 . 0 0 30 . 0 0 N0 0 ° 4 2 ' 5 6 " W 1 1 0 . 0 0 S0 0 ° 4 2 ' 5 6 " E 1 1 0 . 0 0 N0 0 ° 4 2 ' 5 6 " W 1 6 0 . 0 0 N0 0 ° 4 2 ' 5 6 " W 1 6 0 . 0 0 S0 0 ° 4 2 ' 5 6 " E 1 6 0 . 0 0 S0 0 ° 4 2 ' 5 6 " E 1 6 0 . 0 0 N0 0 ° 4 2 ' 5 6 " W 1 6 0 . 0 0 S0 0 ° 4 2 ' 5 6 " E 1 1 0 . 0 0 S0 0 ° 4 2 ' 5 6 " E 1 1 0 . 0 0 Drainage & Utility Easementover all of OUTLOT C Drainage & Utility Easementover all of OUTLOT C N1 3 ° 1 6 ' 0 4 " E 7 3 . 5 5 S70°34'27"E53.82 N1 0 ° 1 6 ' 1 0 " E 47 . 4 9 S89°17'04"W20.49 S56°14'42"W27.97 S89°17'04"W25.73 N07°14'00"E16.34 N70°02'50"W12.04 N22 ° 5 1 ' 1 8 " W 55. 0 6 N45°2 0 ' 2 0 " E 28.82 N52°27 ' 0 5 " W 7 7 . 0 9 S00°42'56"E11.00 N14 ° 3 4 ' 4 6 " W 28 . 7 3 Drainage & U t i l i t y E a s e m e n t Drainage & Utility Easement Dr a i n a g e & U t i l i t y E a s e m e n t Drainage & Utility Easement Drainage& UtilityEasement Drainage& UtilityEasement Drainage& UtilityEasement Drainage & Utility Easement6. 5 53 11 11 11 Dr a i n a g e & U t i l i t y E a s e m e n t 11 34 34 6.5 11.25 11.25 11.25 7 7 7 71010 62.81 96.96 S00°42'56"E15.25 11.25 11.25 N16°40'17"E12.51 39.16 23.01 25 . 0 0 15.66 77.00 5.00 5.00 Drainage & Utility Easement N89°17'04"E6.04 N0 0 ° 4 2 ' 5 6 " W 1 5 5 . 0 8 7.50 23.90 N0 0 ° 4 2 ' 5 6 " W 1 3 3 . 2 5 N00°43'00"W10.10 N89°17'04"E23.45 7.50 7 7 7 11 11 1.0 30 30 10 10 10 Drainage& UtilityEasement S81°11'04"W 17.39 N84°38'49"W 134.12 N72°05'36"W 5 3 . 0 3 N89°17'04"E 125.73 51.55 26.86 8.60 0 30 60 90 Sheet 4 of 4 Sheets PRAIRIE BLUFF COMMONS R.T. DOC. NO. INSET A (FROM SHEET 3 OF 4 SHEETS) DENOTES SET 1/2 INCH BY 14 INCH IRON REBAR WITH CAPINSCRIBED LICENSE NUMBER 63119 TO BE SET INACCORDANCE WITH MN STATE STATUTE 505.021, SUBD. 10 DENOTES FOUND MONUMENT, LICENSE NUMBER 23021 THE SOUTH LINE OF LOT 1, BLOCK 1, EDEN BLUFF HIGHLANDS2ND ADDITION IS ASSUMED TO BEAR S 89°17'04" W SCALE IN FEET SCALE: 1 INCH = 30 FEET City Council Agenda Cover Memo Date: September 1, 2026 Sec on: Consent Calendar Item Number: VII.C. Department: Public Works, Engineering, Molly Swanson ITEM DESCRIPTION Adopt Resolution declaring costs to be assessed, ordering preparation of 2026 Special Assessment Hearing roll, and setting Hearing date. REQUESTED ACTION Move to: Adopt resolution declaring costs to be assessed, ordering preparation of 2026 Special Assessment Hearing roll, and setting Hearing date. SUMMARY A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing and supplemental assessments for such things as trunk utility assessments, connection fees and contracted removal assessments. This process is conducted in accordance with State Statutes and the procedure developed with the assistance of the City Attorney. ATTACHMENTS Resolution Exhibit A – 2026 Special Assessments City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2026 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City’s share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district aﬀected without regard to cash valuation, as provided by law, and shall ﬁle a copy of such proposed assessment in the oﬃce of the City Engineer for public inspection. 3. A hearing shall be held on the 6th day of October 2026, at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property aﬀected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the oﬃcial newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the City Council of the City of Eden Prairie this 1st day of September, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A 2026 SPECIAL ASSESSMENTS September 1, 2026 Supplementals Total Cost Deferred Amt to be Assessed City Council Agenda Cover Memo Date: September 1, 2026 Sec ion: Consent Agenda Item Number: VII.D. Department: Public Works/Engineering – Carter Schulze, City Engineer ITEM DESCRIPTION Award Contract to A-1 Excavating, LLC for the Dell Road Improvement Project in the amount of $6,188,881.00 REQUESTED ACTION Move To: Award Contract to A-1 Excavating, LLC for the Dell Road Improvement Project in the amount of $6,188,881.00 SUMMARY On August 18, 2026 City Council re-ordered the Dell Road Improvements based on a feasibility report that determined the proposed improvements to be feasible, cost eﬀective and necessary. Active development of the Marshall farm is now allowing the City’s Dell Road Improvement project to proceed as these two projects are interconnected and it is advantageous for them to run together. The anticipated road project will commence in Fall 2026 and continue through ﬁnal completion in 2028. City staﬀ is recommending the City Council award this contract to the lowest responsible bidder, A-1 Excavating, LLC. Bids were received on Thursday August 20, 2026. Twelve bids were received as tabulated with the attached Letter of Recommendation. Financial Implications The total estimated project cost estimate is approximately $10 million. Primary funding for the project will be from Municipal State Aid funds, Special Assessments and City Utility funds as well as a state Local Road Improvement Project grant. ATTACHMENTS Contract Letter of Recommendation Bid Summary (rev. 4/2026) Construction Contract Agreement This Construction Contract Agreement (“Agreement”) is made and executed this 1st day of September, 2026, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”), and A-1 Excavating LLC, a Wisconsin Limited Liability Company (“Contractor”). WITNESSETH: City and Contractor, for the consideration hereinafter stated, agrees as follows: 1. Contractor hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the City for: I.C. 17-5990 Dell Road Improvements - SAP 181-113-006 Contractor further agrees to do everything required by this Agreement and the Contract Documents. 2. 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 $6,188,881.00. 3. Payments to Contractor by City shall be made as provided in the Contract Documents. 4. The Contract Documents consist of the following component parts: a. Legal and Procedural Documents (1) Advertisement for Bids (2) Instruction to Bidders (3) Accepted Proposal Form (4) This Construction Contract Agreement (5) Contractor’s Performance Bond (6) Contractor’s Payment Bond (7) Responsible Contractor Verification Form b. Special Conditions c. Detail Specifications d. General Conditions e. Plans f. 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. 5. Contractor agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. IN WITNESS WHEREOF, the parties to this Agreement executed this Agreement as of the date first above written. CITY OF EDEN PRAIRIE By: __________________________________ Its: Mayor By: __________________________________ Its: City Manager CONTRACTOR By: ___________________________________ Its: ___________________________________ M:\010336-000\Admin\Construction Admin\Bidding\010336-000 LOR 081926.docx August 20, 2026 Honorable Mayor and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Dell Road Improvement Project City of Eden Prairie SAP No. 181-113-006 WSB Project No. 010336-00 Dear Mayor and Council Members: Bids were received for the above-referenced project on Thursday, August 20, 2026, and were opened and read aloud. Twelve bids were received. The bids were checked for mathematical accuracy. Please find enclosed the bid summary indicating the low bid as submitted by A-1 Excavating LLC, Bloomer, Wisconsin, in the amount of $6,188,881.00. The Engineer’s Estimate was $5,662,531.50. WSB and City staff have reviewed the qualifications of A-1 Excavating, including discussions with Twin Cities metro region agencies that have contracted with A-1 on previous work and a phone interview with A-1 Excavating leadership. Based on the favorable outcome of all research, it is my opinion that A-1 Excavating not only understands the nature of the work and the project schedule but possesses the labor and equipment sufficient to execute the work. We recommend that the City Council consider these bids and award a contract in the amount of $6,188,881.00. Sincerely, WSB Jupe Hale, PE Senior Director, Municipal Services Attachments jsc PROJECT: 1 A-1 Excavating LLC X $6,188,881.00 2 Max Steininger, Inc.X $6,563,137.10 3 Shafer Contracting Co., Inc X $6,770,685.15 4 Minger Consruction Co. Inc.X $6,894,025.93 5 Ryan Contracting Co. X $6,932,973.85 6 Eureka Construction, Inc.X $6,971,663.16 7 Park Construction Company X $7,171,091.65 8 Meyer Contracting Inc.X $7,431,060.20 9 S.M. Hentges & Sons, Inc.X $7,488,980.90 10 Northwest X $7,648,821.73 11 New Look Contracting, Inc.X $7,874,782.25 12 Valley Paving, Inc.X $8,239,024.75 Engineer's Opinion of Cost $5,662,531.50 Denotes corrected figure Jupe Hale, Senior Director, Municipal Services BID TABULATION SUMMARY I hereby certify that this is a true and correct tabulation of the bids as received on August 20, 2026. Dell Road Improvement Project M:\010336-000\Admin\Construction Admin\Bidding\010336-000 Bid Summary 081926 City Council Agenda Cover Memo Date: September 1, 2026 Sec on: Consent Agenda Item Number: VII.E. Department: Public Works/Engineering – Carter Schulze, City Engineer ITEM DESCRIPTION Approve Professional Services Agreement with WSB, LLC for the Construction Administration, Survey and Materials Testing for the Dell Road Improvements Contract REQUESTED ACTION Move To: Approve Professional Services Agreement with WSB, LLC for the Construction Administration, Survey and Materials Testing for the Dell Road Improvements Contract in the amount of $771,998.00. SUMMARY The Dell Road Improvement Project consists of reconstructing the roadway between Flying Cloud Drive and Crestwood Terrace and includes installing a new watermain, sanitary sewer s and storm sewer systems along with a new street section and curb and gutter. The construction contract is anticipated to be awarded on September 1, 2026. To-date WSB has completed the feasibility study, preliminary design, ﬁnal design and plans and speciﬁcations. This construction administration agreement will include; project management, construction administration including observation and inspection for a state aid project, survey and construction materials testing. Staﬀ recommends approving this agreement. ATTACHMENT Professional Services Agreement (rev. 4/2026) Standard Agreement for Professional Services This Agreement for Professional Services (“Agreement”) is made on this 1st day of September, 2026, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB LLC, a Minnesota corporation (“Consultant”) whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416. 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 Dell Road Improvement Project Construction Services hereinafter referred to as the “Work.” The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( WSB Letter dated August 21, 2026 ) 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 will not be in effect in any manner. 2. Term. The term of this Agreement will be from September 1, 2026 through July 31, 2028 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 $771,998.00 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 will 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. Dell Road Improvements Construction Administration Page 2 of 13 (rev. 4/2026) 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 performance will 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 will 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 will give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and will 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 will 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. The City will appoint a representative with respect to the work to be performed under this Agreement. The City representative will 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 will submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted will 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 must 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 must Dell Road Improvements Construction Administration Page 3 of 13 (rev. 4/2026) 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 must provide an itemized listing and such documentation as reasonably required by the City. Each invoice must 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 will be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items only 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 must 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 will 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 must 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 will 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 must put forth reasonable efforts to complete its duties in a timely manner. Consultant will not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Consultant will 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 upon seven (7) days’ written notice delivered to the other party at the address written above. Upon termination, if there is no fault of the Consultant, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance Dell Road Improvements Construction Administration Page 4 of 13 (rev. 4/2026) with this Agreement, no further payment will be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant may 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 must 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 must pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant must pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant will 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 deems necessary and appropriate for the performance of its obligations pursuant to this Agreement, who will be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) will have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein may be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant must 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 must 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, 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 Dell Road Improvements Construction Administration Page 5 of 13 (rev. 4/2026) Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph. c. Consultant must 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 d. Commercial General Liability. The Commercial General Liability Policy must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must 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 may 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 must maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. 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. Dell Road Improvements Construction Administration Page 6 of 13 (rev. 4/2026) g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, must name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, must apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies must 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, must be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, must insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy must 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 is Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies must 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 must 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 must be provided. Such documents evidencing Insurance must be in a form acceptable to City and must provide satisfactory evidence that Consultant has complied with all Dell Road Improvements Construction Administration Page 7 of 13 (rev. 4/2026) insurance requirements. Renewal certificates must 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 will 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. 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) 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 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity will 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. r. 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, Dell Road Improvements Construction Administration Page 8 of 13 (rev. 4/2026) 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. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Consultant’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. Consultant must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Consultant produces map- based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Consultant must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. Dell Road Improvements Construction Administration Page 9 of 13 (rev. 4/2026) 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement is subject to mediation as a condition precedent to the initiation of any legal or equitable proceeding by either party. The mediator will be selected by mutual agreement of the parties, and the costs of mediation will be shared equally. Unless otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any resolution reached through mediation must be documented in a written mediated settlement agreement, which will be binding on the parties and enforceable in any court of competent jurisdiction. General Terms And Conditions 16. Assignment. Neither party may assign this Agreement, nor any interest arising under this Agreement, without the written consent of the other party. 17. Compliance with Laws and Regulations. In providing services under this Agreement, the Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the services will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Conflicts. No salaried officer or employee of the City and no member of the City Council may have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be considered an original. 20. Damages. In the event of a breach of this Agreement by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Agreement, whether during the term of this Agreement or thereafter, including, without limitation, reasonable attorneys’ fees. 22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Agreement will be effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. Dell Road Improvements Construction Administration Page 10 of 13 (rev. 4/2026) 23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Consultant must 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 must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Agreement, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, 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 will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will 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 specified above, 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 are 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 under this Agreement will be honored by the City. 28. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 29. Statutory Provisions. Dell Road Improvements Construction Administration Page 11 of 13 (rev. 4/2026) 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, must 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 Consultant 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 will comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement must 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 will not affect, in any respect, the validity of the remainder of this Agreement. Dell Road Improvements Construction Administration Page 12 of 13 (rev. 4/2026) Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager CONSULTANT By: ________________________________ Its: _________________________________ Sr. Vice President, Municipal Dell Road Improvements Construction Administration Page 13 of 13 (rev. 4/2026) EXHIBIT A Quote/Proposal/Scope of Services 70 1 X E N I A A V E N U E S | SU I T E 3 0 0 | MI N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | WS B E N G . C O M August 21st, 2026 Carter Schulze, PE City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Dell Road City of Eden Prairie S.A.P. 181-113-006 Construction Services Proposal Dear Mr. Schulze: WSB is excited about the opportunity to present this scope of work and deliverables for construction services for the Dell Road Improvement Project. The scope of work WSB will provide is the staff and services as necessary to meet the expected outcomes of this contract, which include the following tasks: ▪ Project Management ▪ Contract Administration ▪ Construction Observation and Inspection ▪ Survey ▪ Construction Materials Testing Deliverables and responsibilities provided for each of the above tasks are described in the Project Approach/Scope of Services below. The intent of the scope is to outline the major tasks required for this project and highlight areas of importance that are needed to complete the requested services. The scope does not list all responsibilities to be performed. PROJECT UNDERSTANDING The Dell Road Improvements in the City of Eden Prairie consists of reconstructing the roadway between Flying Cloud Dr. and Crestwood Terrace. This project consists of installing new watermain, sanitary sewer and storm sewer systems along with the street section and new curb and gutter. This project also includes the installation of a trail, box culvert, sanitary lift station, retaining walls, and landscaping. Construction is expected to begin in October of 2026 and be completed in July of 2028. PROJECT APPROACH/SCOPE OF SERVICES A. Project Management WSB will provide project management throughout the duration of this project. This will include the following deliverables: ▪ Prepare materials for and attend the preconstruction meeting and weekly on-site meetings for the duration of the project. ▪ Prepare materials and coordinate private utility relocations prior to construction. ▪ Communicate with the City Engineer and Contractor to address project related issues. Mr. Carter Schulze August 21st, 2026 Page 2 ▪ Provide understanding of City’s standard construction practices as they relate to the project. ▪ Provide the necessary resources and direction to WSB personnel to ensure project compliance and quality results. ▪ Review and verify prepared pay vouchers and documented quantities. ▪ Provide the tools and equipment needed to WSB personnel to perform and meet the expected outcomes of the project including cell phones, computers, iPad’s, GPS, PPE, testing equipment, and additional supplies needed to perform the work. ▪ Provide services required under this contract as necessary to accommodate the contractor’s schedule. B. Contract Administration WSB will provide contract administration for this project. Our project team will work with the contractor and the city to ensure construction work and activities will be constructed in accordance with the plans and standards and are correctly and adequately documented throughout the project. Scope of work for this task includes: ▪ Attend construction meetings for close coordination of day-to-day progress of work and ensure the project is being completed as intended. ▪ Communicate regularly with involved stakeholders to keep them informed regarding the impact of construction to the area, including neighbors, businesses, and local agencies. ▪ Review, document and file contractor permits, submittals, test reports, and certificates of compliance. ▪ Verify and review all labor submittal’s meet requirements. ▪ Accurately verify contract pay items daily. ▪ Prepare all pay vouchers in accordance to project revenues and expenses. ▪ Prepare contract change documents and cost estimates with negotiations with the contractor on any contract changes. ▪ Respond to all contractor requests for information (RFI). ▪ Complete all necessary field finalizing of the project documentation in accordance with project specifications. C. Construction Observation and Inspection WSB will provide Construction Observation and Inspection services through construction of the project and final project closeout. This task will include: ▪ Record all construction activities daily, making a complete and accurate record of all events. ▪ Ensure construction practices and materials used on site are compliant with project specifications. ▪ Accurately measure and record contract pay items daily. ▪ Perform daily reviews of construction signing, detour signing, and construction traffic control maintenance. ▪ Perform monthly labor compliance interviews. ▪ Communicate regularly with the Project Manager, Contractor, City, and involved stakeholders. ▪ Perform reviews of temporary and permanent erosion control measures on the project for compliance with applicable permits and specifications. ▪ Provide services required under this contract as necessary to accommodate the contractor’s schedule and needs. ▪ Exercise the “Authority and Duties of the Inspector” as necessary. Mr. Carter Schulze August 21st, 2026 Page 3 D. Survey WSB will provide Survey services through project construction. This will include: ▪ Verifying datum points are accurate and correct. ▪ Provide all required construction staking including setting benchmark elevation locations. ▪ Provide and maintain records for as-builts. ▪ Coordinate with contractor on private utility relocations. E. Construction Materials Testing WSB will provide materials testing as required by the special provisions and Schedule of Materials control through the project. This will include: ▪ Grading and base items including material gradations and densities. ▪ Asphalt gradations, extractions, and densities. ▪ Concrete air, slump, and strength tests. ▪ Provide services required under this contract as necessary to accommodate the contractor’s schedule and needs. Depending on project sequencing and workload, as determined by the contractor, we will adjust our staffing needs accordingly. PROPOSED FEE The estimated cost proposal we are providing is based on the contract documents and anticipated schedule for the work. A better understanding of the level of effort needed will be realized once the contractor presents their approach to the work. WSB will provide the services as outlined in Project Approach/Scope of Services. Our budget was developed based on our understanding of the scope and experience with many similar projects. For 2026 work our estimate is based on an assumed 12-weeks of construction, 8 weeks working 5 days a week, and 10 hours per day and 4 weeks working 5 days a week 5 hours a day during construction activities. For 2027 work our estimate is based on an assumed 32-weeks of construction, 5 days a week, and 10 hours per day during construction activities. For 2028 work our estimate is based on an assumed 9-weeks of construction, 4 weeks working 5 days a week, and 9 hours per day and 5 weeks working 5 days a week 4 hours a day during construction activities. The estimated cost of this project is not to exceed $771,998.00. All travel time is included in the estimated fee. The proposed scope and fee presented herein represents our complete understanding of the project based on site visits and work performed to date. If you have any questions or concerns, please feel free to contact me at (612) 360-1310. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and city staff. Sincerely, WSB Paul Kyle, PE Craig Alberg, PE Director Vice President City Council Agenda Cover Memo Date: Section: Item Number:VII.F. Department: Public Works/Engineering – Carter Schulze, City Engineer ITEM DESCRIPTION Approve Amendment to the Standard Agreement for Professional Services with WSB, LLC for the additional amount of $28,200.00 for the Final Design of the Dell Road Improvements Project I.C. 17-5990. REQUESTED ACTION Move to: Approve Amendment to the Standard Agreement for Professional Services with WSB, LLC for the additional amount of $28,200.00 for the Final Design of the Dell Road Improvements Project I.C. 17-5990 SUMMARY The Dell Road Improvements final design was delayed due to adjacent development changes requiring additional developer coordination with the new development, additional utility coordination, stormwater design and permit coordination due to adjacent culvert project being removed from the project scope and additional bidding assistance including plan and specification updates, addenda and bidding assistance. This project is anticipated for construction in fall of 2026. ATTACHMENT Amendment AMENDMENT to Agreement for Professional Services This Amendment to the Standard Agreement for Professional Services (Amendment) is made on the _1st____day of ____September__________, 2026_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ______ WSB, LLC_____ (hereinafter "Consultant") whose business address is ___ 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416_______. WHEREAS City and Consultant entered into an Agreement for Professional Services (Agreement) on the _6th__ day of ___February_______, 2024__ for the _ Final Design and Bidding Document Preparation for the Dell Road Street and Utility Improvements_ and the work described in Exhibit A thereto; and WHEREAS City and Consultant agree to amend articles ____2&3_____ of the Agreement; Term & Compensation for Services. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Term. City agrees to extend the term to September 30, 2026. 2. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 685,616.00 for the services as described in Exhibit A thereto. The additional services fee total is $28,200.00. 3. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 4. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 5. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE WSB, LLC By: Mayor Its: Senior Director of Municipal Services City Manager City Council Agenda Cover Memo Date: September 1, 2026 Sec on: Consent Calendar Item Number: VII.G. Department: Public Works / Water Resources (IC #26811) ITEM DESCRIPTION The City’s current Local Water Management Plan (LWMP) was adopted in 2016 and amended in 2020. The plan requires updating. This Agreement for Professional Services with HRGreen will authorize HRGreen to work with staﬀ to update the LWMP. REQUESTED ACTION Move to: Approve the Standard Agreement for Professional Services with HRGreen for the Local Water Management Plan update SUMMARY NEED The Lower Minnesota River, Nine Mile Creek and Riley Purgatory Bluﬀ Creek Watershed Districts are updating their Water Management Plans. The Met Council requires cities to revise and update Local Water Management Plans to bring them in compliance with new watershed district plans. The LWMP update process must also align with the City’s update of its Comprehensive Plan. REVISIONS The LWMP will be revised to reﬂect the plan requirements, rules, and standards of the 3 watershed districts within Eden Prairie. Other areas of signiﬁcant revision to the LWMP will include: •Addition of topics like street sweeping, chloride management, integration within the City’s anticipated Natural Resources Management Plan, climate resiliency; and •Evaluation of data gaps and suggested strategies for addressing those gaps. There will also be a public engagement process to ensure public input is gathered and incorporated into the updated LWMP. FUNDING The Professional Services Agreement with HRGreen includes modeling within the Lower Minnesota River Watershed District, coordination with local agencies, and the LWMP plan update at a not-to-exceed cost of $171,255.04. Funding will come from the Stormwater Utility Fund. ATTACHMENTS Attachment 1: Professional Services Agreement (rev. 4/2026) Standard Agreement for Professional Services This Agreement for Professional Services (“Agreement”) is made on this _____ day of _______________, 20____, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ____________________________, a Minnesota ___________________ (“Consultant”) whose business address is _____________________________________________. 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_________________________________ 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 will not be in effect in any manner. 2. Term. The term of this Agreement will be from ______________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 $ 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 will 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. Page 2 of 13 (rev. 4/2026) 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 performance will 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 will 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 will give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and will 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 will 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. The City will appoint a representative with respect to the work to be performed under this Agreement. The City representative will 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 will submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted will 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 must 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 must Page 3 of 13 (rev. 4/2026) 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 must provide an itemized listing and such documentation as reasonably required by the City. Each invoice must 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 will be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items only 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 must 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 will 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 must 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 will 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 must put forth reasonable efforts to complete its duties in a timely manner. Consultant will not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Consultant will 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 upon seven (7) days’ written notice delivered to the other party at the address written above. Upon termination, if there is no fault of the Consultant, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment will be made to the Consultant, and the City Page 4 of 13 (rev. 4/2026) may retain another consultant to undertake or complete the Work identified herein. The Consultant shall not be responsible for errors or omissions in documents which are incomplete as a result of an early termination of this Contract pursuant to this Section. 9. Subcontractor. The Consultant may 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 must 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 must pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant must pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant will be awarded its costs and disbursements, including reasonable 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 deems necessary and appropriate for the performance of its obligations pursuant to this Agreement, who will be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) will have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein may be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant must 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 must 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, 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 Page 5 of 13 (rev. 4/2026) 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. c. Consultant must 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 d. Commercial General Liability. The Commercial General Liability Policy must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must 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 may 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 must maintain a professional liability insurance policy in the amount of $2,000,000 per claim. Said policy need not name the City as an additional insured. Page 6 of 13 (rev. 4/2026) 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, must name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, must apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies must 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, must be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, must insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy must 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 is Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies must contain a provision or endorsement that coverages afforded thereunder shall not be cancelled, without thirty (30) days’ prior notice to the City, except that if the cancellation is due to non-payment, the coverages may not be terminated without ten (10) days’ prior notice to the City. o. Consultant must 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 must be provided. Page 7 of 13 (rev. 4/2026) Such documents evidencing Insurance must be in a form acceptable to City and must provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates must 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 will 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. If Consultant fails to provide the specified insurance, then Consultant will 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) 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 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 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity will 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. r. 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 indemnify City, its officers, s, and employees and hold them harmless from and against all liabilities, 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 Page 8 of 13 (rev. 4/2026) 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, and 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. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Consultant’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. Consultant must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Consultant produces map- based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Consultant must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and Page 9 of 13 (rev. 4/2026) iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement is subject to mediation as a condition precedent to the initiation of any legal or equitable proceeding by either party. The mediator will be selected by mutual agreement of the parties, and the costs of mediation will be shared equally. Unless otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any resolution reached through mediation must be documented in a written mediated settlement agreement, which will be binding on the parties and enforceable in any court of competent jurisdiction. General Terms And Conditions 16. Assignment. Neither party may assign this Agreement, nor any interest arising under this Agreement, without the written consent of the other party. 17. Compliance with Laws and Regulations. In providing services under this Agreement, the Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the services will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Conflicts. No salaried officer or employee of the City and no member of the City Council may have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be considered an original. 20. Damages. In the event of a breach of this Agreement by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Agreement, whether during the term of this Agreement or thereafter, including, without limitation, reasonable attorneys’ fees. 22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings Page 10 of 13 (rev. 4/2026) relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Agreement will be effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. 23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Consultant must 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 must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Agreement, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, 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 will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will 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 specified above, 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 are 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 under this Agreement will be honored by the City. 28. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the Page 11 of 13 (rev. 4/2026) minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 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, must 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 Consultant 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 will comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement must 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 will not affect, in any respect, the validity of the remainder of this Agreement. Page 12 of 13 (rev. 4/2026) Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager CONSULTANT By: ________________________________ Its: Water Resources Practice Leader Page 13 of 13 (rev. 4/2026) EXHIBIT A Quote/Proposal/Scope of Services 2250 University Avenue W. | Suite 360S St. Paul, MN 55114-2015 Main 651.644.4389 + Fax 713.965.0044 H R G R E E N . C O M EXHIBIT A Local Water Management Plan For City of Eden Prairie, Minnesota SCOPE, DELIVERABLES, SCHEDULE, FEE August 24, 2026 SCOPE 1. Project Management 1.1. Project Management Tasks CONSULTANT’s Project Manager will maintain regular contact with CITY’s Project Manager as part of this task, including monthly invoicing and coordination related to data collection and the Local Water Management Plan documents. CONSULTANT’s Project Manager will also ensure project schedule aligns with concurrent timelines for the City’s Comprehensive Plan and watershed district plan updates. 1.2. Kickoff Meeting The CONSULTANT will meet with the CITY’s representatives to clarify communication channels, schedule, and identify CITY data needed by CONSULTANT. 1.3. Check in Meetings The CONSULTANT will virtually meet with the CITY’s representatives on a bi-weekly basis. A one-half hour meeting is assumed. 1.4. Coordination Meetings with Watershed Districts The CONSULTANT will virtually meet with each Nine Mile Creek Watershed District, Riley-Purgatory-Bluff Creek Watershed District, and Lower Minnesota River Watershed District. A one-hour meeting is assumed for each district. 2. Data Collection and Analysis 2.1. Public Engagement In coordination with the CITY, the CONSULTANT will participate in public outreach and incorporate public input into the LWMP. The CONSULTANT will provide the following public outreach services: 2.1.1. Provide content for the CITY to share on their website informing the public of the CITY’s LWMP. The CONSULTANT will develop an educational flyer for residents and stakeholders that the CITY will post to their website. 2.1.2. Implement a GIS-based website in coordination with the CITY to obtain location-based feedback on flooding and water quality concerns. Provide a link to the GIS-based website to the CITY to share on the CITY’s website. City of Eden Prairie Local Water Management Plan Page 2 of 3 24, 2026 2.1.3. Develop a stormwater survey in coordination with the CITY. The CITY will distribute the form by mail and/or electronic notification. Reponses to the survey may be returned to the CITY by mail or electronically. 2.1.4. The CONSULTANT will incorporate data from public engagement into the GIS database. This includes consolidating duplicate responses and geolocating responses. 2.1.5. The CONSULTANT will incorporate comments received from the public into the LWMP as appropriate. 2.2. Gather and Evaluate Data In addition to gathering public engagement data as described above, the CONSULTANT will gather and evaluate relevant information as detailed below: 2.2.1. City provided information including but not limited to the following: · City of Eden Prairie LWMP from December 2020 · City of Eden Prairie Draft Chloride Management Plan · City of Eden Prairie Draft Natural Resources Management Plan (in-progress) · City complaint records and known problem areas · GIS data for figure creation 2.2.2. Additional relevant data from Nine Mile Creek Watershed District, Riley-Purgatory-Bluff Creek Watershed District, Lower Minnesota River Watershed District, MnDOT, Hennepin County, USACE, and FEMA. 2.2.3. Tour of the City to better understand the topography, local resources, and opportunities. 2.2.4. Identify data gaps and suggest strategies to address them. 2.3. Obtain the HydroCAD model and GIS watersheds for the Lower Minnesota River Watershed District, and update to current conditions. Conditions may include land use, rainfall data, or routing information. 3. Development of Local Water Management Plan (LWMP) 3.1. The CONSULTANT will update text portions of the December 2020 plan to meet the minimum requirements set forth by Met Council and the “Beyond the Minimum Requirement” items in the 2020 plan, including: 3.1.1. The plan requirements, rules, and standards of the Nine Mile Creek Watershed District, Riley- Purgatory-Bluff Creek Watershed District, and Lower Minnesota River Watershed District; 3.2. The CONSULTANT will incorporate additional items into the LWMP requested by the City including the following: 3.2.1. Street sweeping plan, including 3.2.1.1. Benefits of street sweeping; 3.2.1.2. Effectiveness of street sweeping on impaired water bodies; City of Eden Prairie Local Water Management Plan Page 3 of 3 24, 2026 3.2.1.3. Prioritization of the 12 main subwatersheds. 3.2.2. Chloride management plan (currently drafted); 3.2.3. City’s anticipated Natural Resources Management Plan (in very early stages of development); 3.2.4. An acknowledgement of the need for climate-resilient systems; and 3.2.5. A list of accomplishments since the last plan was adopted. 3.3. The CONSULTANT will evaluate the data identified above in Section 2. The CONSULTANT will prepare maps that will show the data collected through the Public Engagement effort. 3.4. The CONSULTANT will review comments received by watershed districts during their plan updates and incorporate into the LWMP as appropriate; 3.5. The CONSULTANT will develop a draft LWMP report, and revise based on staff, Council, agency, and other comments. It is assumed the City will consolidate the comments received into one document. CONSULTANT will plan on 2 rounds of comments prior to the development of the final LWMP. 3.6. The CONSULTANT will develop a final LWMP report. DELIVERABLES Deliverables will include two (2) draft Local Water Management Plan reports and one (1) final Local Water Management Plan report. SCHEDULE The LWMP will be completed based on the following schedule: Notice to Proceed – September 1, 2026 or following approved agreement. Draft LWMP submittal – March 12, 2027. Final LWMP – One month following receipt of CITY feedback for draft LWMP. Final LWMP to be submitted no later than June 2027. This schedule was prepared to include reasonable allowances for review and approval times required by the CITY. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CITY or for delays or other causes beyond the control of CONSULTANT. FEES The CITY agrees to pay CONSULTANT on the following basis: · Time and materials not to exceed $171,255.04. City Council Agenda Cover Memo Date: September 1, 2026 Section: Consent Calendar Item Number: VII.H. Department: Fire Department ITEM DESCRIPTION Agreement to purchase Motorola Radios and associated equipment from Motorola REQUESTED ACTION Approve the purchase of radios from Motorola utilizing the state purchasing contract - 20927 - MN DOT 209493. SUMMARY Mobile and portable radios are utilized by the police department, ﬁre department, public works department, the parks department, and administration for eﬀective service delivery. These radios provide eﬀective communications for day-to-day operations, major events and disaster response. The Fire Department manages the radio purchases for all city departments. This purchase is to replace old obsolete equipment. The Fire department recommends purchasing the radios and associated equipment utilizing the State purchasing contract (20927 - MN DOT 209493) from Motorola for $376,253.91. This list of equipment is listed in the agreement. Requested funding is from the approved CIP. ATTACHMENTS Purchasing contract from Motorola Incorporated utilizing the State Contract - 20927 - MN DOT 209493. QUOTE-3752871 EDEN PRAIRIE FIRE DEPT, CITY OF N70's with Promo Pricing 8-3-26 08/03/2026 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entityproviding this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to bedisclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks arethe property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 08/03/2026 EDEN PRAIRIE FIRE DEPT, CITY OF 8080 MITCHELL RD EDEN PRAIRIE, MN 55344 RE: Motorola Quote for N70's with Promo Pricing 8-3-26 Dear Patrick Maynard, Motorola Solutions is pleased to present EDEN PRAIRIE FIRE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide EDEN PRAIRIE FIRE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Sid Sanocki at sid.sanocki@ancom.org. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Sid Sanocki Sales Motorola Solutions Manufacturer's Representative QUOTE-3752871 Billing Address: EDEN PRAIRIE FIRE DEPT, CITY OF 8080 MITCHELL RD EDEN PRAIRIE, MN 55344 US Shipping Address: EDEN PRAIRIE FIRE DEPT, CITY OF 14800 SCENIC HEIGHTS RD EDEN PRAIRIE, MN 55344 US Quote Date:08/03/2026 Expiration Date:09/18/2026 Quote Created By:Sid SanockiSalessid.sanocki@ancom.org6517148359 End Customer: EDEN PRAIRIE FIRE DEPT, CITY OF Patrick Maynard pmaynard@EdenPrairieMN.Gov 952-949-8497 Contract: 20927 - MN DOT 209493 Payment Terms:30 NET Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Termsand Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line # Item Number Description Qty Term Disc % Sale Price Ext. Sale Price APX™ N70 APX N70 1 H35UCT9PW8AN PORTABLE RADIO APX N70 7/800 MODEL 4.5 67 51.18% $2,619.00 $175,473.00 1a H38DA ADD: SMARTZONE OPERATION 67 40.0% $847.20 $56,762.40 1b Q173CA ADD: SMARTZONE OMNILINK 67 0.0% $0.00 $0.00 1c Q361CD ADD: P25 9600 BAUD TRUNKING 67 40.0% $211.80 $14,190.60 1d Q806CH ADD: ASTRO DIGITAL CAI OPERATION 67 40.0% $364.20 $24,401.40 1e QA09001AM ADD: WIFI CAPABILITY 67 40.0% $211.80 $14,190.60 1f Q15AK ADD: AES/DES-XL/DES-OFB ENCRYPTION AND ADP 67 40.0% $564.60 $37,828.20 1g QA08821AA ALT: 7800 STUBBY 762-870MHZ 67 40.0% $18.36 $1,230.12 1h QA09016AA ADD: LTE FOR VERIZON LTE SERVICE 67 0.0% $0.00 $0.00 QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 Line # Item Number Description Qty Term Disc % Sale Price Ext. Sale Price 1i QA09028AA ADD: VIQI VC RADIO OPERATION 67 0.0% $0.00 $0.00 1j H869DB SOFTWARE LICENSE ENH: MULTIKEY 67 40.0% $232.80 $15,597.60 1k QA08853AA ADD: CPS ENABLEMENT 67 0.0% $0.00 $0.00 2 LSV01S03060A APX N70 DMS ESSENTIAL 67 3 YEARS 0.0% $205.92 $13,796.64 3 PSV01S03059A APX NEXT PROVISIONING WITH CPS 1 0.0% $0.00 $0.00 4 PMNN4816A PORTABLE RADIO BATTERY IMPRES 2 LI-ION IP68 3200T 67 45.45% $123.00 $8,241.00 5 PMMN4140B PORTABLE RSM RM760, IP68, 3.5MM JACK, LARGE, UL 67 40.0% $84.00 $5,628.00 6 PMPN4604B CHARGER, DESKTOP SINGLE UNIT IMPRES 2 FAST, US/NA 67 40.0% $133.05 $8,914.35 Grand Total $376,253.91(USD) Notes: ● The Pricing Summary is a breakdown of costs and does not reflect the frequency at which you will be invoiced. Motorola's quote (Quote Number: ________________ Dated: ____________ ) is based on and subject to the terms andconditions of the valid and executed written contract between Customer and Motorola (the "UnderlyingAgreement") that authorizes Customer to purchase equipment and/or services or license software (collectively"Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola'sStandard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is foundat http://www.motorolasolutions.com/product-terms. The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc. Customer By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ ● Promotions: The following promotion(s) have been applied: QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 * Line #1 - APX N SERIES PROMO available from 07/13/2026 to 09/18/2026 ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and ServicesTax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will beadded to invoices. QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 5 Line # Item Number Parametric Data 1h QA09016AA ENDUSERT = POLICE PROTECTION 1k QA08853AA TEMAILAR = pmaynard@EdenPrairieMN.Gov,SYSTEMID = 040F 3 PSV01S03059A TEMAILAR = pmaynard@EdenPrairieMN.Gov,CUSTNAME = Patrick, Maynard,SYSTEMID = 040F QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 6 APX N70 PORTABLE RADIO SOLUTION DESCRIPTION OVERIVIEW The APX N70 offers affordable, next generation communications for without compromisingP25 interoperability or voice and data quality. It offers a durable design with “pick-up-and-go” functionality, optimizing ease-of-use and focused communications in almost allenvironments. DURABLE AND EASY TO USE The APX N70 enhances operations with a full color transflective glass display with touchtechnology for easy operation with gloves on. The touchscreen includes a high velocityuser interface with large touch targets, shallow menu hierarchy, home screen informationat a glance, and access to integrated apps. Additionally, the N70 offers extended batterylife, a shorter antenna, and Bluetooth compatibility with audio accessories, promotingefficient communications between first responders. ESSENTIAL AND SECURE P25 COMMUNICATIONS The APX N70 is certified compliant with P25 standards and supports digital and analog trunking, FDMA and TDMA, and Integrated Voice and Data. P25 communications over the N70 are safe and secure–it offers software and hardware encryption, single- and multi key encryption, and P25 Authentication, protecting communications during daily operations. Reliable Connectivity Using the APX N70 lets first responders stay connected across disparate networks. It can be equipped with LTE, Wi-Fi®, Bluetooth®, and GPS features, bringing future-ready applications, services, and best-in-class connectivity to everyday users. APX N70 radios support 7/800 MHz frequency bands across radio systems with minimal intervention by the radio user. Managing and Provisioning Devices APN N70 provides users greater awareness and faster radio management through Customer Programming Software (“CPS”), Radio Management (“RM”), or the Radio Central programming. These tools transform accurate data into smarter action by enabling dispatchers and network managers to keep radios in the field, make informed operational decisions, and, above all, protect first responders' focus and safety. Customer Programming Service CPS is a proprietary, Windows-based application used to configure APX subscriber radios in offline situations. The CPS application offers drag-and-drop, clone-wizard, and basic import/export functions that allow for the addition of new software and feature enhancements. APX N radios can be programmed one-at-a-time on a local PC, via secure USB port QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 7 connection, with TLS-PSK based encryption. Once loaded, subscriber radios are read, and edited, and copdeplugs and templates can be saved and duplicated to program other fleet radios. Radio Management Batch Programming is available through the RM software for simultaneous programming and upgrading throughout the radio fleet. With Batch Programming, up to 16 radios can be programmed at once over a Wi-Fi connection. This reduces programming time and ensures that the radio fleet is always up-to-date and ready-to-use in the field. Device Management Services Device Management Services (“DMS”) packages provide programming, management, and maintenance services tomaximize the effectiveness of this APX N70 solution, while reducing maintenance risk, workload, and total cost ofownership. DMS tackles a range of customer needs, whether the solution is self-maintained or managed by MotorolaSolutions. Using Motorola Solutions’ cloud-based Radio Central Programming, APX N70 supports faster provisioning anddeployment to get devices in the hands of first responders and out into the field. Parameters such as talk groups, interfaceoptions, and security keys can be programmed remotely within minutes. The DMS package provides access to batchprogramming with Radio Central Programming or one-at-a-time basic programming with Customer Programming Service,described below. Radio Central Radio Central Programming streamlines the APX N70 out-of-the-box experience with a few simple steps. Users will power on the device and view a boot-up animation. Status bar icons on the front display indicate when a connection is made and an update download is initiated. If the APN N70 device is being started for the first time, a “peek-in” device management notification will indicate that the default configuration is detected. When the update download is complete, the device reboots and installs the update. When the install is complete, the device goes back to the full home screen and notifies the user that the update is complete. From power on to provisioning, the process takes less than a minute. For Encryption and Authentication users, a KVL needs to be connected to the radio to use those services. APX N70 also features Touchless Key Provisioning (“TKP”), leveraging Radio Central and Key Management Facility to add encryption keys remotely. This streamlined, one-time process reduces the time and effort spent enabling encryption. TKP delivers the initial encryption keys to APN N70 radios. Users can provision encryption on one radio or on batches of radios, further speeding up the encryption process for radio fleets. The figure below illustrates APX N70’s faster provisioning process. QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 8 QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 9 APX N-SERIES DEVICE MANAGEMENT SERVICES - ESSENTIAL STATEMENT OF WORK OVERVIEW Device Management Servces (“DMS”) efficiently maintains the Customer’s device fleet while helping to keep devicesup-to-date and fully operational in the field. DMS Essential services provide basic hardware and software support. This Statement of Work (“SOW”), including all of its subsections and attachments is an integral part of the applicableagreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and Customer (“Customer”). In the event of a conflict between the terms and conditions of the Agreement and the terms and conditions of this SOW,this SOW will control as to the inconsistency only. The SOW applies to the device specifically named in the Agreement. HARDWAREREPAIR Hardware Repair provides repair coverage for internal and external device components that do not work in accordancewith published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. Thedevice will be repaired to bring it to compliance with its specifications, as published by Motorola Solutions at the time ofdelivery of the original device. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from thosedevices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutionswill load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match theCustomer’s firmware version. MOTOROLA SOLUTIONS RESPONSIBILITIES •Repair or replace malfunctioning device, as determined by Motorola Solutions. •Complete repair or replacement with a turnaround time of five business days in-house, provided the device is delivered to the repair center by 9:00 a.m. (local repair center time). Turnaround time represents thetime a product spends in the repair process, and does not include time in transit to and from the Customer’s site. Business days do not include US holidays or weekends. •If applicable, apply periodically-released device updates, in accordance with an Engineering Change Notice. •Provide two-way air shipping when a supported Motorola Solutions electronic system, such as MyView Portal, is used to initiate a repair. A shipping label will be generated via the electronic system. CUSTOMER RESPONSIBILITIES •For non-contiguous renewals, Customer must provide a complete list, preferably in electronic format, of all hardware serial numbers to be covered under the Agreement to Motorola Solutions. •Initiate device repairs, as needed. •When initiating a repair via a supported Motorola Solutions electronic system, label each package correctly with the shipping label and Return Material Authorization (“RMA”) number generated by the electronic system. •When initiating a repair via paper Return Material Form (“RMF”), the RMF must be completed for each device, included in the package with the device, and shipped to the Motorola Solutions depot specified on the RMF. •Remove any data or other information from the device that the Customer wishes to destroy or retain prior to sending the device for repair. QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 10 •If a malfunctioning device must be replaced and the Customer has loaded information for that device to Motorola Solutions’ cloud environment, the Customer will need to remove the information for the malfunctioning device and add information for the replacement device to the applicable cloud environment. LIMITATIONS AND EXCLUSIONS The Customer will incur additional charges at the prevailing rates for any activities that are not included or arespecifically excluded from this service scope, as described below. Motorola Solutions will notify the Customer andprovide a quotation of any incremental charges related to such exclusions prior to completing the repair and said repairwill be subject to Customer’s acceptance of the quotation.•Replacement of consumable parts or accessories, as defined by product, including but not limited to batteries, cables, and carrying cases. •Repair of problems caused by: •Natural or manmade disasters, including but not limited to internal or external damage resulting from fire, theft, and floods. •Third-party software, accessories, or peripherals not approved in writing by Motorola Solutions for use with the device. •Using the device outside of the product’s operational and environmental specifications, including improper handling, carelessness, or reckless use. •Unauthorized alterations or attempted repair, or repair by a third party. •Non-remedial work, including but not limited to administration and operator procedures, reprogramming, and operator or user training. •Problem determination and/or work performed to repair or resolve issues with non-covered products. For example, any hardware or software products not specifically listed on the service order form are excluded from service. •File backup or restoration. •Completion and test of incomplete application programming or system integration if not performed by Motorola Solutions and specifically listed as covered. •Accidental damage, chemical or liquid damage, or other damage caused outside of normal device operating specifications, except if optional Accidental Damage Coverage was purchased. •Cosmetic imperfections that do not affect the functionality of the device. •Software support for unauthorized modifications or other misuse of the device software is not covered. Motorola Solutions is not obligated to provide support for any device that has been subject to the following:•Repaired, tampered with, altered or modified (including the unauthorized installation of any software) — except by Motorola Solutions authorized service personnel. •Subjected to unusual physical or electrical stress, abuse, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification. •If the Customer fails to comply with the obligations contained in the Agreement, the applicable software license agreement, and Motorola Solutions terms and conditions of service. DEVICETECHNICALSUPPORT Motorola Solutions’ Device Technical Support service provides telephone consultation for device and accessory issues.Support is delivered through the Motorola Solutions Centralized Managed Support Operations (“CMSO”) organizationby a staff of technical support specialists. For Device Technical Support, Motorola Solutions will respond to calls within two (2) hours during the support days.Support hours are 7 a.m. to 7 p.m. CST Monday through Friday, excluding US holidays. In addition, Customers maycontact the Call Management Center (800-MSI-HELP) at any time (24 hours a day, seven days a week) and a MotorolaSolutions representative will log a technical request in Motorola Solutions Case Management System on theCustomer’s behalf. QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 11 MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide technical support for devices, assessing and troubleshooting reported issues. •Receive and log Customer support requests, and assign a technical representative to respond to a Customer incident per the defined timeframes. CUSTOMER RESPONSIBILITIES •Use the provided methods to contact Motorola Solutions technical support. •Provide sufficient information to allow Motorola Solutions technical support agents to diagnose and resolve Customer issues. •Provide contact information for field service technicians in the event that Motorola Solutions has to follow up. LIMITATIONS AND EXCLUSIONS •Device support does not include Land Mobile Radio (“LMR”) network, Wi-Fi, and LTE network troubleshooting. Software Maintenance Motorola Solutions is continually developing new features and functionality for our portfolio of public-safety-grade radios.By purchasing software maintenance, the Customer can take advantage of these firmware releases and future-prooftheir communications investment. MOTOROLA SOLUTIONS RESPONSIBILITIES •Test all firmware releases to minimize software defects. •Announce new firmware releases and post release notes in a timely manner via MyView Portal. •Provide firmware updates. Motorola Solutions makes no guarantees as to the frequency or timing of firmware updates. •Provide upgrade capability through supported Programming Tools. •Provide programming and service tools and technical support through the firmware support window. •Provide documentation via MyView Portal with each release detailing new features, bug fixes, and any known issues. CUSTOMER RESPONSIBILITIES •Periodically check MyView Portal for firmware update announcements. •Keep the radio fleet updated with firmware versions within the support window. MyView Portal Access MyView Portal is the single location to track the status of subscriptions and service contracts, including start and enddates. This portal includes order, RMA, and technical support ticket status, as well as a consolidated download site forsoftware and documentation. Outside of pre-announced maintenance periods, MyView Portal will be available on a best effort 24/7 basis. MotorolaSolutions cannot guarantee the availability of Internet networks outside of our control. MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide a web accessible, secure portal to view the Customer’s data. •Provide the Customer with login credentials for the site. •Provide end-user training for the site. •Provide technical support to answer end user questions between the hours of 8 a.m. to 5 p.m. CST Monday through Friday, excluding US holidays. QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 12 •Keep the site updated with the latest Customer information. CUSTOMER RESPONSIBILITIES •Provide Motorola Solutions with contact information for administrative users. •Administer user access. •Provide Internet access for users to access the site. •Attend available MyView Portal training. •Protect login information against unauthorized use. •Provide Motorola Solutions with updated equipment information, as needed. QUOTE-3752871N70's with Promo Pricing 8-3-26 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 13 Purchase Order Checklist NA OM Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Tax Exemption Status Signatures (As required) NOTE:When an email order is submitted a confirmation is sent from Motorola AutoNotify referencing a case number. Once checklist is complete, order still must go through Order Validation/Credit Approval City Council Agenda Cover Memo Date: September 1, 2026 Sec on: Consent Calendar Item Number: VII.I Department: Matt Sackett, Police Chief ITEM DESCRIPTION Approve agreement between City of Eden Prairie and Hennepin County Human Services and Public Health Department. REQUESTED ACTION Move to: Approve the agreement between the City of Eden Prairie and Hennepin County Human Services and Public Health Department for continued support of on-site full time senior social worker at the Eden Prairie Police Department. SUMMARY This is an amendment to the program which brings a Hennepin County senior social worker (SSW) to work on-site, full time at the Eden Prairie Police Department. The original contract started in 2024. Amendment #A2312127 states, the Eden Prairie Police Department will pay Hennepin County $88,431 01/01/2026 – 12/31/2026 for the service and provide a work space at the Eden Prairie Police Department for the SSW. Amendment #A2512771 states, the Eden Prairie Police Department will pay Hennepin County $88,431 from 01/01/2027 – 12/31/2027 for the service and provide a work space at the Eden Prairie Police Department for the SSW. Hennepin County will be responsible for remainder of the SSW’s pay, beneﬁts, travel, training and work equipment. The agreement is for a 1 year period from January 1, 2027 – December 31, 2027. ATTACHMENTS Joint Powers Agreement HC #A2312127 Amendment #2 to Joint Powers Agreement HC #A2312127 Joint Powers Agreement HC #A2512771 Amendment #1 to Joint Powers Agreement HC #A2512771 HC #A2312127 1 AMENDMENT #2 TO JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF EDEN PRAIRIE This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County of Hennepin, State of Minnesota (“COUNTY”) on behalf of its Human Services and Public Health Department (“HSPHD”) and City of Eden Prairie (“CITY”), 8080 Mitchell Road, Eden Prairies, Minnesota 55344, on behalf of its police department, (“POLICE DEPARTMENT”) and pursuant to the authority conferred upon them by Minn. Stat. § 471.59. The parties to this Agreement may also be referred to individually as “Party” and collectively as “Parties”. IT IS HEREBY AGREED that Agreement No. A2312127 between the above-named parties, including prior amendments or ministerial adjustments if any, is hereby amended in accordance with the provisions set forth below. Clause 4, PAYMENT, shall be amended to read: 4. PAYMENT A. In accordance with the provisions herein, CITY shall pay COUNTY as follows for 1.0 full-time Social Worker (“SW”), as that term is defined in Exhibit A, employed by COUNTY. 1. For the period January 1, 2024, through December 31, 2024, total payments by CITY to COUNTY shall not exceed eighty-two thousand seven hundred seventeen dollars ($82,717). 2. For the period of January 1, 2025, through December 31, 2025, total payments by CITY to COUNTY shall not exceed eighty-eight thousand four hundred thirty-one dollars ($88,431). 3. For the period of January 1, 2026, through December 31, 2026, total payments by CITY to COUNTY shall not exceed eighty-eight thousand four hundred thirty-one dollars ($88,431). 4. For the period of January 1, 2027, through December 31, 2027, total payments by CITY to COUNTY shall not exceed eighty-eight thousand four hundred thirty-one dollars ($88,431). B. In the event that the SW position is vacant or absent for a period of one-month HSPHD may provide POLICE DEPARTMENT with a temporary SW to work onsite at POLICE DEPARTMENT when available. If a temporary onsite SW is not available, HSPHD may assign, based on availability, a coverage team to review existing services, determine need and complete outreach (via phone or in-person) based on resident needs for each referral from POLICE DEPARTMENT. POLICE DEPARTMENT may also opt to not have coverage until the onsite social worker is replaced. HC #A2312127 2 1. There will be no additional cost to POLICE DEPARTMENT if HSPHD assigns a temporary onsite SW worker. The billing will remain as set forth in this Agreement. 2. If HSPHD provides a coverage team to review existing services, determine need and complete outreach (via phone or in-person) POLICE DEPARTMENT will be billed at 50% of the amount listed above during the period of reduced coverage. 3. If POLICE DEPARTMENT decides not to have HSPHD assign a temporary SW, HSPHD will not bill for period when position is vacant. 4. HSPHD shall submit a quarterly invoice to POLICE DEPARTMENT for the previous quarter’s cost of SW services. In the event the SW position is not staffed for a portion of the billing cycle, the payment shall be prorated. C. POLICE DEPARTMENT will make payment within thirty-five (35) days from receipt of the invoice. If the invoice is incorrect, defective, or otherwise improper, POLICE DEPARTMEMT will notify HSPHD within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from HSPHD, POLICE DEPARTMENT will make payment within thirty-five (35) days. D. Further, the Parties expressly agree that neither this Agreement nor either Party’s performance hereunder obligates or commits either Party to enter a subsequent contract or engagement with the other. E. CITY must inform COUNTY if it is using grant funding to meet its payment obligations hereunder and cooperate with COUNTY to determine whether any terms or conditions of CITY’s grant apply to COUNTY. This amendment shall be effective January 1, 2027. Except as herein amended, the terms, conditions and provisions of said Agreement No. A2312127, including prior amendments if any, remain in full force and effect. The Parties hereto agree to be bound by the provisions set forth in this Agreement. (The remainder of this page intentionally left blank.) HC #A2312127 3 The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the County STATE OF MINNESOTA Attorney’s Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: CITY OF EDEN PRAIRIE By: ___________________________________ Title: _________________________________ Date: __________________________________ By: ___________________________________ Title: _________________________________ Date: __________________________________ HC# A2512771 1 AMENDMENT #1 TO JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF EDEN PRAIRIE This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County of Hennepin, State of Minnesota (“COUNTY”) on behalf of its Human Services and Public Health Department (“HSPHD”) and City of Eden Prairie (“CITY”), 8080 Mitchell Road, Eden Prairie, Minnesota 55344, on behalf of its police department, (“POLICE DEPARTMENT”) and pursuant to the authority conferred upon them by Minn. Stat. § 471.59. The parties to this Agreement may also be referred to individually as “Party” and collectively as “Parties”. IT IS HEREBY AGREED that Agreement No. A2512771 between the above-named parties, including prior amendments if any, is hereby amended in accordance with the provisions set forth below. Clause 3, TERM OF THE AGREEMENT, shall be amended to read: 3. TERM OF THE AGREEMENT The term of this Agreement shall be from April 1, 2024, through December 31, 2028, unless terminated earlier in accordance with the termination provisions of this Agreement. Clause 4, PAYMENT, paragraph A., shall be amended to read, and paragraph E., shall be added as follows: 4. PAYMENT A. In accordance with the provisions herein, CITY shall pay COUNTY as follows for 1.0 full- time Social Worker (“SW”), as that term is defined in Exhibit A, employed by COUNTY. 1) For the period April 1, 2025, through December 31, 2025, total payments by CITY to COUNTY shall not exceed Sixty-Seven Thousand Five Hundred dollars ($67,500). 2) For the period of January 1, 2026, through December 31, 2026, total payments by CITY to COUNTY shall not exceed Ninety Thousand dollars ($90,000). 3) For the period of January 1, 2027, through December 31, 2027, total payments by CITY to COUNTY shall not exceed eighty-eight thousand four hundred thirty-one dollars ($88,431). 4) For the period of January 1, 2028, through December 31, 2028, total payments by CITY to COUNTY shall be determined at a later date. E. CITY must inform COUNTY if it is using grant funding to meet its payment obligations hereunder and cooperate with COUNTY to determine whether any terms or conditions of CITY’s grant apply to COUNTY. HC# A2512771 2 This amendment shall be effective December 31, 2026. Except as herein amended, the terms, conditions and provisions of said Contract No. A2512771, including prior amendments if any, shall remain in full force and effect. (The remainder of this page is intentionally left blank) HC# A2512771 3 The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the County STATE OF MINNESOTA Attorney’s Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: CITY OF EDEN PRAIRIE By: ___________________________________ Title: _________________________________ Date: __________________________________ By: ___________________________________ Title: __________________________________ Date: __________________________________ City Council Agenda Cover Memo Date: September 1, 2026 Sec on: Consent Calendar Item Number: VII.J. Department: Community Center, Parks and Recreation ITEM DESCRIPTION Approve Standard Contract for Goods and Services with Push Pedal Pull for replacing eight Precor brand ellipticals on the ﬁtness ﬂoor at the Eden Prairie Community Center. REQUESTED ACTION Move to: Approve Standard Contract for Goods and Services with Push Pedal Pull for replacing eight Precor brand ellipticals on the ﬁtness ﬂoor at the Eden Prairie Community Center in the amount of $74,835. SUMMARY The Precor brand ellipticals are currently the oldest cardio machines on the ﬁtness ﬂoor at the Community Center. They are heavily used and are often in need of maintenance. Preventative maintenance is regularly and strategically performed on all ﬁtness equipment in an eﬀort to get optimal usage from each piece. However, parts are becoming more expensive and harder to obtain for these older machines, and the cost of continuing to repair them outweighs the cost of replacing them. Staﬀ obtained quotes from two local vendors. Push Pedal Pull’s quote was the least expensive; Push Pedal Pull can provide eight Precor brand units vs. Johnson’s seven Matrix brand units for a similar price; Push Pedal Pull can match the existing unit styles one-for-one vs. Johnson’s similar, though not exact, styles; the Community Center members like the functionality of and are accustomed to using Precor ellipticals. Upon reviewing the proposals and functionality of the two brands of ellipticals, staﬀ recommends the purchase of eight Precor ellipticals through Push Pedal Pull for the Eden Prairie Community Center. ATTACHMENTS Quote from Push Pedal Pull Quote from Johnson Fitness Standard Contract for Goods and Services Push Pedal Pull, Inc.14300-B Buck Hill RoadBurnsville MN 55337MN COMMERCIAL DELIVERY Purchase Recommendation Quote Date 08/21/2026 Quote # 156361 Billing Address EDEN PRAIRIE COMMUNITY CENTERMegan Munoz (952) 949-840216700 VALLEY VIEW RDEDEN PRAIRIE MN 55346 Shipping Address EDEN PRAIRIE COMMUNITY CENTERMegan Munoz (952) 949-840216700 VALLEY VIEW RDEDEN PRAIRIE MN 55346 cwitt@pushpedalpull.com Customer Email mmunoz@edenprairie.org Account No. 3600426 EDEN PRAIRIE COMMUNITY CENTER Prepared by:Chad Witt (612) 201-0879 Print Signature:P.O. Number: Authorized Signature: Subtotal $:74,835.00 Total $:74,835.00 Acceptance of Proposal: These prices, specifications, and conditions are satisfactory and arehereby accepted. I am authorized to order the equipment listed withfull understanding of the payment terms. A 3% fee will be assessed on all credit card payments. Date: Standard Terms and Conditions:1) 50% deposit and signed P.O. with order. Balance due before delivery.Send Payment To:2306 W 41st St.Sioux Falls, SD 57105 2) Additional delivery fees may apply for additional trips.3) Prices are subject to change 14 days after the quote date.4) There will be a 2% monthly service charge on all overdue accounts. Buyer isalso responsible for any collection and/or legal fees involved in collecting pastdue accounts.5) The quote is computed to be performed during regular businesshours. Any special request by the buyer necessary to complete work will bepaid by the buyer.6) Clerical errors are subject to correction.7) Buyer agrees to promptly file claim for all goods damaged in transit.8) We have a 30-day limited exchange policy with the exception of damaged ordefective goods. This policy excludes exchanges on special orders andaccessories. Merchandise must be in ªlike newº condition. Sales Tax $:0.00 Cell / Text: 9) There will be a 20% restocking fee on merchandise cancellations or returns.Delivery, Set-Up and Freight will not be refunded. Item # 9995 50400 50402 73892 9938 9995 9901 9977 9995 MFR PRECOR PRECOR PRECOR MODEL PHRCE88... PHRCE88... PHRCA83... TR FC DEL Description Sourcewell National Contract Pricing-Contract #120215 - PCR EFX 885 CONVERGINGCROSSRAMP, MOVING ARMS - P84BLACK PEARL (BG) (C/SN: ANDM /CRADLE: AXRD) EFX 883 CONVERGINGCROSSRAMP, FIXED ARMS - P84BLACK PEARL (BG) AMT 835 OPEN STRIDE EXP - P31(BLACK) C/SN: AWBZ TRADE - IN CREDIT PRECOR EFX835 PRECOR AMT - 835, PRECOR EFX833 V1, AND OCTANE XT ONE - NOTRADE VALUE DUE TO AGE, PARTSAVAILABILITY OR MARKET DEMAND FREIGHT COMMERCIAL DELIVERY/INSTALLATION WARRANTY: 3 YEARS PARTS &LABOR Color Qty 4 2 2 1 1 1 MSRP 14,130.00 12,915.00 12,350.00 Price 9,400.00 8,800.00 7,700.00 -500.00 1,260.00 3,475.00 Extended 37,600.00 17,600.00 15,400.00 -500.00 1,260.00 3,475.00 Ship To Information Bill To Information Megan Munoz16700 Valley View RdEden Prairie, MN 55344 Eden Prairie Community Center Home: (952) 949-8402 QuoteDrew Wurst (3827)10759 Hampshire Avenue SouthBloomington, MN 55438Phone: (952) 500-0508 Fax: (952) 906-6909Email: drew.wurst@johnsonfit.com Work: (952) 949-8472 22-077659 Expiration Date:9/13/2026 Terms:Net 30 Days Johnson Fitness & Wellness Megan Munoz16700 Valley View RdEden Prairie, MN 55344 Eden Prairie Community Center Home: (952) 949-8402 Work: (952) 949-8472 08/14/26Date Cell: (952) 949-8470 Cell: (952) 949-8470Email: mmunoz@edenprairie.org Email: mmunoz@edenprairie.org Qty Description Price Ext. PriceSKUDeliveryMethodTaxYourPriceList December DeliveryOMNIA pricingMatrix-Johnson Fitnes OMNIA # 156948 Deliver4 A-PS-Touch-02 Matrix Performance Touch Ascent -16"Touch $10,480.00 $41,920.00$21,035.00 Deliver4 ZMT4000384 Matrix iFit Content/Training/Courses $125.00 $500.00$125.0060 Virtual Video Courses3-Speed User Cooling FanAdjustable Incline: 20 SettingsStride Range: 20-24" Suspended Design for Smooth, Natural MotionNo Wheels/Tracks/RampsSpace-Saving Rear-Entry DesignWarranty: 3yrs parts & 3yrs Labor *No moving arms, otherwise same as totalbody unit Deliver3 ALB-PS-Touch-02 Matrix Performance Touch Lower BodyAscent $9,790.00 $29,370.00$21,045.00 Deliver3 ZMT4000384 Matrix iFit Content/Training/Courses $125.00 $375.00$125.00 1 Factory Freight $2,070.42 $2,070.42$3,780.91Deliver1 COMMDEL01 Commercial Delivery & Assembly $2,100.00 $2,100.00$3,320.00includes touchscreen console set-up remove and recycle 7 ellipticals Deliver1Recycle Charge $350.00 $350.00$700.00 1 2of Special Instructions:NET 30 Terms Item Total:Tax:TOTAL: $76,685.42$0.00$76,685.42 Standard Terms and Conditions 1.2.3. There will be a 1.5% monthly service charge on all overdue accounts. The buyer is also responsible for any collection and/or legal fees 4.5. Clerical errors subject to correction. All prices and agreements are contingent upon strikes, accidents, and other causes avoidable or 6.7. There will be a 25-35% restocking charge on merchandise ordered but not accepted. Special orders are not refundable. Delivery, Set-Up 8.9.10. All unit prices are F.O.B. manufacturer.11. Products purchased without commercial warranties that are placed in non-residential settings void manufacturer's warranty. All repair Please send check payments to: DBA Johnson Fitness & Wellness 1600 Landmark Drive Cottage Grove, WI 53527 Acceptance of Proposal: Authorized Signature: Print Name: P.O. Number: Date of Acceptance: _______________________________________________ www.johnsonfit.com/commercial 2 2of Contract for Goods and Services This Contract (“Contract”) is made on the 1st day of September 2026, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Push Pedal Pull, a Minnesota-based business (hereinafter “Vendor”) whose business address is 14300-B Buck Hill Road, Burnsville, MN 55337. . 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 the purchase, delivery and assembly of 8 ellipticals and extraction of identified machines, 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 December 31, 2026. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $74,835, 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. 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. The Vendor has designated Push Pedal Pull staff 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. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 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. Page 2 of 6 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. Page 3 of 6 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 provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 4 of 6 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. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Vendor 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. Page 5 of 6 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Vendor 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA 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 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: ____Chad Witt Sr. CSR____________ Its: ____Push Pedal Pull ______________ Page 6 of 6 EXHIBIT A Quote/Proposal/Scope of Work City Council Agenda Cover Memo Date: September 1, 2026 Sec on: Consent Calendar Item Number: VII.K. Department: Parks and Recreation Department, Amy Markle- Director ITEM DESCRIPTION The One Pass Fitness Program provides reimbursement to the Eden Prairie Community Center for its members enrolled in the program through Medicare or Medicaid using a ﬁxed per swipe amount and maximum monthly payment. REQUESTED ACTION Approve the One Pass Fitness Program Agreement for those Eden Prairie Community Center members that are enrolled in the program. SUMMARY The City of Eden Prairie would like to enter into an agreement with the One Pass Fitness Program that starts on July 1, 2026, and will expire on December 31, 2027. The agreement will auto renew unless either party wishes to renegotiate the terms or end the contract. For Eden Prairie Community Center members enrolled in Medicare or Medicaid programs or Commercial Member programs, they are eligible to sign-up for the One Pass Fitness Program. Each time program participants visit the facility and swipe in, the EPCC will receive $4.25 per visit for visits 1-9 and $1.75 on visit 10, with a maximum payment of $40 (10 visits). This is an important program to many of the EPCC senior members. ATTACHMENTS Attachment 1- One Pass Fitness Agreement 1 (rev. 11/2025) FITNESS PASSPORT SERVICE AGREEMENT This FITNESS PASSPORT SERVICE AGREEMENT (this “Agreement”) is entered into on July 1, 2026 (the “Effective Date”), by and between One Pass Solutions, Inc. and its affiliates (collectively, “One Pass”) and City of Eden Prairie, including its Participating Facilities (collectively, the “Network”). For purposes of this Agreement, Network and One Pass shall collectively be referred to herein as the “Parties” and individually as a “Party”. WHEREAS, Network wishes to become part of the One Pass Fitness Passport Network comprised of physical fitness facilities that provide services to support the Fitness Passport Program to One Pass’ clients; and WHEREAS, One Pass provides its clients’ Members access to the Fitness Passport Program (as further described herein and in Appendix A attached hereto and incorporated herein by reference); and WHEREAS, One Pass desires to include Network as part of its Fitness Passport Program offering so that One Pass’ clients’ Members may access the Fitness Passport Program. NOW THEREFORE, for and in consideration of the above recitals, and the mutual covenants and agreements set forth below, and in exchange for other valuable and adequate consideration which the Parties agree is sufficient to enter into this Agreement, the Parties agree as follows: ARTICLE 1 DEFINITIONS Except as otherwise specifically indicated, the following terms shall have the following meanings in this Agreement (such meanings to be equally applicable to both the singular and plural forms of the terms defined): “Confidential Information” has the meaning set forth in Section 5.2. “Confirmation ID” means a unique system-generated number assigned by One Pass and used by the Parties to identify a Member who enrolls in the Fitness Passport Program. “Fitness Passport Program” means a platform established by One Pass as described herein and in Appendix A herein. “Eligible Member” means a benefit holder who is: (1)(a) enrolled in a qualifying health plan, or (b) an individual covered by a qualifying employer, or (c) is a member of a membership association, affiliation or organization, for which member pays dues or membership fees, or for which member otherwise incurs a cost to maintain his or her membership; and (2) who may or may not be a member of a Participating Facility and who is not enrolled in the Fitness Passport Program. “Initial Term” has the meaning set forth in Section 2.1. “Member” means a benefit holder who is: (1)(a) enrolled in a qualifying health plan, or (b) an individual covered by a qualifying employer, or (c) is a member of a membership association, affiliation or organization, for which member pays dues or membership fees, or for which member otherwise incurs a cost to maintain his or her membership; and (2) who is enrolled in the Fitness Passport Program and is a member of a Participating Facility. “Network Facility Reimbursement” means the amount of reimbursement One Pass has agreed to remit to Network toward a Member’s monthly membership rate that Network represents has met the established Fitness Passport Program visit criteria as defined by One Pass in Appendix A. “Participating Facility” means each individual Network facility location, unless otherwise excluded as expressly stated in Appendix A herein that has agreed to and is bound by this Agreement to participate in the Fitness Passport Program. “Renewal Term” has the meaning set forth in Section 2.1. “Standard Network Services” has the meaning set forth in Section 3.2. “Term” has the meaning set forth in Section 2.1. 2 (rev. 11/2025) ARTICLE 2 TERM AND TERMINATION 2.1 Term. This Agreement will commence on the July 1, 2026 and will continue through December 31, 2027 (the “Initial Term”), and shall automatically renew on the same terms and conditions for successive twelve (12) month terms (each a “Renewal Term” and together with the Initial Term, the “Term”), unless otherwise mutually agreed to in writing prior to September 1st of each calendar year or otherwise terminated in accordance with Section 2.2 of this Agreement. 2.2 Termination. This Agreement may be terminated by any of the following: (a) If either Party provides written notice of non-renewal for the next Renewal Term no later than September 1st of the current Term. Following proper notice of non-renewal, the current Term will effectively terminate as of midnight local time of Network on December 31; or (b) By the Parties upon mutual written agreement; or (c) If either Party breaches a provision of this Agreement, which breach is capable of being cured, and the breaching Party fails to cure such breach within thirty (30) days after written notice is given by the non-breaching Party, the Agreement shall terminate at the end of the thirty-day cure period. For avoidance of doubt, an intentional or knowing, and/or material misrepresentation by a Party under this Agreement (and/or any violations of Section V.A.5. of Appendix A (Network’s usage data reporting obligations)) does not constitute a breach capable of being cured and One Pass may terminate this Agreement with immediate effect without further liability to Network. (d) Network may, with One Pass’ written consent and subject to the early termination fee described below, terminate the Agreement early at the end of any calendar month for an early termination fee that is due and payable in full upon the effective termination date, as follows: For each month of the Term remaining as of the effective termination date, Network will pay One Pass a lump sum early termination fee equal to fifty percent (50%) of the average Network Reimbursement Fees that One Pass paid Network during the current Term. Should Network fail to remit timely payment in full as of the effective early termination date, interest will accrue on such unpaid amount at the rate of one and one-half percent (1 1/2%) per month or the maximum rate allowed by law, whichever is less. Further, Network shall be liable for any collection/legal/court fees and costs One Pass incurs to collect such due and outstanding amount and interest thereon. e) This Agreement shall terminate immediately and automatically upon delivery to the other Party of written notice of any of the following: i. Bankruptcy, insolvency or the dissolution of either Party; ii. Unauthorized assignment of this Agreement, whereby such assignment will be subject to the early termination fee in (d) above of this Agreement; or iii. The loss of any license, qualification, authorization, accreditation or certification required for a Party to perform its duties under this Agreement that was not the result of such Party’s willful or negligent act or omission (which act or omission will be subject to the early termination fee in section (d) above). Each Party agrees to notify the other Party in writing not later than five (5) business days after the occurrence of any of the events referred to immediately above. Without limiting the generality of the foregoing, and for avoidance of doubt, except for terminations pursuant to subsection e) above and unless another effective date is specified, a termination pursuant to this Section 2.2, shall be effective on December 31st of the calendar year in which termination is given, unless otherwise waived or consented to by One Pass in writing. 2.3 Effect of Termination: Upon termination of this Agreement, each Party shall immediately cease using the other Party’s name, symbol or logo (“Marks”), including but not limited to uses of the Marks authorized by this Agreement. The obligation to pay Network Facility Reimbursement to Network by One Pass shall survive termination of this Agreement for 120 days after the effective termination date. 3 (rev. 11/2025) 2.4 Ongoing Obligations. Termination shall not affect either Party’s liability for any obligations incurred by such Party prior to the effective date of termination. ARTICLE 3 OBLIGATIONS OF Network 3.1 Access to Participating Facilities, Fulfillment of Network Services. Each Participating Facility shall provide all Members facility services in the same manner and with the same availability and access as services provided to other facility members, without regard to One Pass’ sponsorship of such Members’ membership with Network. For avoidance of doubt, each Participating Facility shall provide all Members with unlimited visits to the Participating Facilities and all Standard Network Services (as defined below), during the Participating Facilities’ normal hours of operation, as advertised or made known to the public by the Participating Facilities. 3.2 Standard Network Services. Without limiting the generality of Section 3.1, “Standard Network Services” shall include, at a minimum, the services, features and amenities available with Network’s publicly available basic level membership. Including, if applicable, an initial orientation to a Participating Facility and its equipment. Any change or modification to Network’s or any of its Participating Facility’s Standard Network Services is subject to Section 3.6, below, and One Pass must be notified accordingly. 3.3 Payment in Full; No Charge to Members. Network and its Participating Facilities shall accept as payment in full for Standard Network Services provided to Members under this Agreement the Network Reimbursement Fees payable by One Pass as set forth in Appendix A, attached hereto. Network and each of its Participating Facilities agree, and shall ensure that in no event shall Network or any Participating Facility bill, charge, collect a deposit from, seek compensation from or have any recourse against Members other than One Pass acting on behalf of Member for the Standard Network Services provided pursuant to this Agreement. For avoidance of doubt, neither Network nor any Participating Facility shall charge Members any additional fees for Standard Network Services, including but not limited to enrollment, initiation or annual fees. 3.4 Compliance With State Consumer Laws. The Parties acknowledge that the Network and its Participating Facilities are subject to and must comply with, among others, state laws and regulations governing (a) gyms, fitness studios, and like laws, and (b) consumer laws, such as “buyer’s remorse” laws, “cooling off period” laws, “click to cancel” laws, laws governing subscription services payment terms, auto-renewal terms, and other bodies of law respecting the right of consumers or purchasers of subscription services, whether in-person or on-line (the foregoing are illustrative only, and not meant to limit the laws with which Network and the Participating Facilities shall abide, and which are collectively referred to hereafter as “Consumer Laws”). At all times during the Term of this Agreement, Network and its Participating Facilities shall comply with and adhere to all applicable Consumer Laws. In the event Network or any of its Participating Facilities violates any Consumer Law, Network shall indemnify, defend and hold One Pass harmless from any Losses, as set forth in Article 7, below. 3.5 Regulatory Compliance. Network acknowledges that One Pass is deemed a subcontractor to its health insurer clients, who are parties to direct contracts with the federal government and/or state governments, making One Pass a subcontractor to government contractors. This Agreement is subject to all applicable federal and state laws, regulations and executive orders, including, but not limited to those pertaining to fraud, waste and abuse, false claims, equal opportunity, affirmative action, and non-discrimination. Network agrees for itself and on behalf of its Participating Facilities to comply with all applicable laws, statutes, regulations, executive orders, and ordinances, as they relate to this Agreement, and to cooperate with One Pass in ensuring such compliance, including Network’s compliance to and adherence with the terms set forth in Section 3.5, below. Network and each of its Participating Facilities shall also obtain and maintain any and all licenses required to fulfill its duties and obligations under this Agreement. Network shall, at all times during the Term hereof, comply with and cooperate with One Pass’ Corporate Compliance Program as it relates to Network’s obligations under this Agreement, which program encourages effective communication between Network and One Pass’ Corporate Compliance Office and participation in the Compliance Program by Network. One Pass’ Corporate Compliance Office will enforce its Compliance Program through auditing and monitoring, including methodologies such as attestations. (a) For avoidance of doubt, Network is only obligated to comply with and cooperate with One Pass’ Corporate Compliance Program and the One Pass Compliance Code of Conduct as it narrowly and specifically relates to the Fitness Passport Program and Network’s obligations under this Agreement. One Pass agrees and acknowledges that Network is a Minnesota political subdivision and government entity that it is subject to laws, including but not limited to the 4 (rev. 11/2025) Minnesota Government Data Practices Act, that may conflict with or supersede the obligations or conditions set forth in the One Pass Compliance Code of Conduct, and that One Pass shall not enforce or attempt to enforce any provision of the One Pass Corporate Compliance Program or the One Pass Compliance Code of Conduct against Network in any way that would be contrary to or require Network to violate its obligations as a Minnesota municipality under applicable law. Notwithstanding anything to the contrary in the One Pass Compliance Code of Conduct, Network will at all times act in the best interests of the City of Eden Prairie and its residents. BY SIGNING THIS AGREEMENT, NETWORK ACKNOWLEDGES RECEIPT OF A COPY OF ONE PASS’ COMPLIANCE CODE OF CONDUCT, WHICH IS REPRODUCED IN FULL AT APPENDIX C, ATTACHED HERETO. Network shall review the Code of Conduct and shall ensure its Participating Facilities are aware of the relevant sections thereof, subject to the limitation provided in Section 3.5(a). 3.6 One Pass Policies. Subject to Section 3.5(a), Network and each of its Participating Facilities agree to comply with One Pass policies, as modified from time to time, including, those policies contained in the One Pass Guidelines Handbook, and including, but not limited to One Pass’ Compliance Program. The One Pass Guidelines Handbook, and any modifications thereto, are hereby incorporated into this Agreement by reference. By entering into this Agreement, Network and each of its Participating Facilities acknowledge that the One Pass Guidelines Handbook has been received or made available to Network. Network shall make the Handbook available to each of its Participating Facilities. One Pass shall make the Handbook, as updated or amended, available to Network via One Pass’ website or portal and/or via electronic mail, at One Pass’ election and discretion. Network acknowledges and agrees that One Pass’ policies may be modified from time to time. One Pass will provide timely notification to Network of modifications to the policies, including to the Handbook, by (i) submitting written notice of such modification to Network, or (ii) posting notice of such modification to One Pass’ website. Network agrees for itself and on behalf of its Participating Facilities that such modifications shall become binding on Network and all of its Participating Facilities thirty (30) days after such notice, or such lesser period of time as necessary for One Pass to comply with any statutory or regulatory requirements if and as applicable. 3.7 Notification to One Pass of Network Changes. Network must notify One Pass of any material modifications to its program and program design, operations, and/or terms and conditions that impact or may impact the Member experience for any or all Members. 3.8 Acknowledgement. Network acknowledges that One Pass is not a payer of services nor an insurer with respect to any services provided by the Network pursuant to this Agreement. 3.9 Member Service. The Parties acknowledge and agree that Network shall be the first point of contact for Members and Eligible Members and shall assume all service responsibility with respect to Member participation in the Fitness Passport Program. In the event a Member contacts One Pass first, that Member will be re-directed to the Network. In the event of an escalated issue wherein One Pass’ assistance is required for resolution, One Pass will cooperate with Network in handling any complaints or inquiries from Members or Eligible Members regarding the Fitness Passport Program. 3.10 Account Manager. Network will assign an account management individual or team to support One Pass with implementation and ongoing management of the Fitness Passport Program. 3.11 Rewards and Incentives. Network and each of its Participating Facilities shall not provide financial rewards or monetary incentives to Members enrolled in the Fitness Passport Program. Network and each of its Participating Facilities shall not market or advertise any financial rewards or monetary incentives to Members enrolled in the Fitness Passport Program. 3.12 Non-Circumvention: No Contractual Interference. In and for valuable consideration, Network hereby acknowledges that One Pass may introduce Network to One Pass’ health insurer and health plan clients as Program clients and partners (notwithstanding Network is familiar with a health insurer or health plan from another similar fitness program), and self-insured employer clients (collectively, “One Pass Clients”), from time to time. Without limiting the generality of Article 5, below, and subject to its obligations under the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (“MGDPA”), Network further 5 (rev. 11/2025) acknowledges and agrees that all information concerning One Pass’ Clients introduced to Network hereunder are the property and confidential information of One Pass. Network agrees that neither Network or any of its Network Participating Facilities, nor any of their directors, employees, agents or representatives shall: (a) use such information, except in the context of any arrangement with One Pass in which One Pass is directly and actively involved, and never without One Pass’ prior written approval; (b) enter into, or otherwise arrange any business relationship with, or otherwise directly contact any Client of One Pass regarding, referring to or relating to any arrangement involving One Pass; and/or (c) seek to influence, directly or indirectly, a Client of One Pass or gain any compensation or advantage in relation to any arrangement involving One Pass and a One Pass Client, or in any other manner whatsoever interfere with One Pass’s contractual relations or prospective contractual relations with a One Pass Client. ARTICLE 4 OBLIGATIONS OF ONE PASS 4.1 Payment to Network. One Pass shall pay Network the Network Facility Reimbursement set forth in Appendix A, attached hereto, for each eligible Member that meets the Fitness Passport Program’s monthly visit requirement. Payment terms governing the Network Facility Reimbursement are set forth in Appendix A. 4.2 Hold Harmless. Network acknowledges and agrees that the only payment One Pass is responsible for is in accordance with its obligation described in Section 4.1. The Member is responsible for all other costs, fees and charges related to services not included in the Network Standard Membership Services. Network will not hold One Pass responsible for, and will hold One Pass harmless from any charges, fees, costs or expenses a Member may incur that are not part of the obligation of One Pass under Section 4.1. 4.3 Promotion of Services. One Pass, in its sole and absolute discretion may, but is not obligated to, promote Network and Network Participating Facilities as participants in the Fitness Passport Program to Eligible Members through the One Pass website (including its Network provider directory), marketing and sales brochures, and other distribution channels designated by One Pass, including but not limited to telephone and e-mail communications. For the avoidance of doubt, One Pass has no obligation (contractual or otherwise) to, and is expressly not required under this Agreement to promote Network and/or any Network Participating Facility as participants in the Fitness Passport Program. One Pass shall have sole and absolute discretion for the design and production of any such materials and the design and maintenance of the One Pass website. ARTICLE 5 CONFIDENTIALITY, DATA SECURITY, LICENSES AND PUBLICITY 5.1 Confidentiality of Member Information. Each Party agrees to comply with all applicable laws pertaining to the confidentiality, privacy, and data security, of personal, health, enrollment, financial and consumer information of Members, including, but not limited to, the requirements of state privacy laws and the privacy and security provisions set forth in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as and to the extent applicable. 5.2 Protection of Confidential Information. Each Party (each, a “Receiving Party”) agrees to use commercially reasonable efforts to protect and maintain the confidentiality of the other Party’s (the “Disclosing Party”) Confidential Information to which the Receiving Party may be given access. Neither Party, as a Receiving Party, shall disclose or otherwise make available Confidential Information of the Disclosing Party to a third party in any form whatsoever without the Disclosing Party’s prior written consent. Notwithstanding the foregoing, Confidential Information may be disclosed to either Party’s employees or contractors; provided such employees or contractors have agreed to be bound by obligations of non-disclosure and non-use regarding the Confidential Information that are at least as comprehensive as the obligations contained herein. Each Party shall be responsible for any breach of this Agreement by its employees and contractors to whom it discloses Confidential Information under this Agreement. In order to preserve and protect the confidential information or proprietary nature of any Confidential Information and to prevent it from becoming part of the public domain or falling into the possession of parties not bound to maintain its confidentiality, each Party will handle the Confidential Information of the other Party with the same degree of care that it applies with respect to its own information that it considers as confidential and proprietary, but in no event with less than reasonable care. “Confidential Information” shall include, but not be limited to the following information: (a) with respect to both Parties, the terms and conditions of this Agreement, except as otherwise provided herein; (b) all material, non-public information, materials or data of the Disclosing Party, in any form, which the Receiving Party knows or has reason to know is confidential or proprietary to the Disclosing Party; (c) any other information which is clearly marked or designated as “Confidential,” “Proprietary,” or “Secret” by the Disclosing Party; (d) each Party’s intellectual property; and (e) trade secrets, know-how, inventions, current and 6 (rev. 11/2025) future business plans, marketing plans and strategies, financial and operational plans, business methods and practices, client information and data, records, information and profiles, historical or prospective financial information or arrangements between the Parties, budgets, and cost and expense data of the Disclosing Party, as well as software, technology, inventions (whether or not patentable) which is owned by, Licensed to or used by the Disclosing Party. Notwithstanding the foregoing, “Confidential Information” shall not include the following: (i) any information after it has become generally available to the public through no fault of the Receiving Party and without a breach of this Agreement; (ii) any information that is received by the Receiving Party from a third party that had the right to disclose the Confidential Information; or (iii) any information which can be demonstrated by the Receiving Party was developed independently or in its possession prior to entering into this Agreement so long as, in either case, the Receiving Party did not acquire such information from a source which, at the time of disclosure, had a fiduciary, confidential or contractual duty to the Disclosing Party to maintain such information as confidential. 5.3 Exceptions to Confidentiality Obligations. The obligations imposed on the Parties in this Section 5 shall not restrict or limit disclosures made by a Receiving Party that are either (a) required by applicable laws or a governmental authority, including but not limited to the MGDPA; or (b) compelled by a court order or a governmental order provided that the Receiving Party being compelled to disclose such information shall (i) give prompt notice after learning of the need therefor to the Disclosing Party (if allowed by applicable law), (ii) disclose only that portion of the Disclosing Party’s Confidential Information that is legally necessary to comply with such laws or governmental authority, and (iii) reasonably assist the Disclosing Party if it chooses to object to such disclosure. 5.4. Data Sharing and Security. Notwithstanding anything to the contrary herein and without limiting the generality of the foregoing, Network shall not share with any third party any Member identifiable information provided to it by One Pass directly or self-disclosed to Network by Members, without One Pass’ written consent. In the event data is approved to be shared it must be shared via a secure and protected method. It is understood that only Member Confirmation IDs are utilized when transmitting activity information for individual Members. No personal health information (or “PHI,” as defined by HIPAA) will be provided to Network by One Pass. Any Member identifiable information provided directly to Network by Members or other individuals is owned by Network and may be used in accordance with Network’s Privacy Policy and as otherwise permitted by applicable law. Notwithstanding the foregoing, Member identifiable information provided directly to Network by Members shall not be disclosed to any third party for any reason, without One Pass’ written consent. In the event data is approved to be shared it must be shared via a secure and protected method. For avoidance of doubt, information provided by Members to Network will not be shared by Network with any third parties for the purpose of promoting, advertising, or selling health insurance plans or coverage. 5.5. Trademarks, Logos and Copyrighted Materials, Cross-Licenses. Network hereby acknowledges that One Pass may, from time to time during the Term, provide Network with marketing, promotional or other advertising materials intended for use in connection with the promotion of the Fitness Passport Program (such materials together with all content, trademarks, trade names, and/or logos of One Pass and its affiliates, the “One Pass Marketing Materials”). One Pass hereby grants to Network a limited revocable, nonexclusive, non-assignable and non-transferable license to use, distribute and digitally and physically display the One Pass Marketing Materials during the Term without modification solely to promote the Fitness Passport Program. Upon termination of this Agreement, the foregoing license shall automatically terminate and be of no further force and effect and Network and its Participating Facilities shall immediately cease their use, distribution and display of the One Pass Marketing Materials. Notwithstanding the foregoing, all uses of the One Pass Marketing Materials shall be subject to One Pass’ prior written approval. Network marketing materials and materials intended for Eligible Members and Members, including branded, co-branded and unbranded or white label materials and marketing materials and information developed by Network that incorporates references to One Pass or its program brands such as, but not limited to, Renew Active and One Pass or its logos must be reviewed and approved in writing by One Pass prior to distribution, public display or deployment, as the case may be. Except as expressly set forth in this Agreement, Network is granted no other rights in or to the One Pass Marketing Materials and One Pass and its respective affiliates reserve all rights. Eligible Members cannot be intentionally marketed to directly (or targeted) by Network, or by vendors or affiliates at Network’s direction, without the prior written approval of One Pass. Notwithstanding the foregoing, Network can provide awareness on their owned assets, such as at physical location, on webpage or in social media that they participate in the One Pass programs Renew Active and One Pass. Nothing herein is intended to prohibit general direct marketing by Network to the public. 7 (rev. 11/2025) Network hereby grants to One Pass and its affiliates a revocable, nonexclusive, non-assignable and non-transferable license to use and display all names, trademarks, trade names, service marks and logos of Network and its affiliates (collectively, the “Network Marks”) during the Term solely in connection with the administration and promotion of the Program or for One Pass’ performance of this Agreement. Upon termination of this Agreement, the foregoing license shall automatically terminate and be of no further force and effect. Network hereby represents and warrants to One Pass that it has the right to grant the license as set forth in this paragraph. ARTICLE 6 DISPUTE RESOLUTION Except as otherwise set forth herein, any dispute arising between the Parties shall be subject first to the interim dispute resolution mechanisms set forth below. Upon written notice received from one Party (the “Charging Party”) alleging a dispute as to any duty or obligation under this Agreement, or applicable federal or state law, or due to acts or omissions of the other Party (the “Receiving Party”), the Receiving Party, within five business days of receipt of the notice shall meet or arrange a meeting, with the Charging Party, to resolve the dispute. In the event no resolution of the dispute is reached within 30 calendar days from the initial meeting or discussion, the Charging Party may elect mediation with a third party by serving written notice to the Receiving Party, or elect non-binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). In no event may the mediation be initiated more than one (1) year after the date the Charging Party first gave written notice of the dispute to the Receiving Party. A single mediator engaged in the practice of law, who is knowledgeable as to the subject matter relevant to the dispute, shall conduct the mediation under the then current rules of the AAA. The mediation shall be held in a mutually agreeable site. Nothing herein is included to prevent either Party from seeking any other remedy available at law including seeking redress in a court of competent jurisdiction. ARTICLE 7 INDEMNIFICATION 7.1 Responsibility for Damages. Each Party shall be responsible for any and all damages, claims, liabilities, or judgments it incurs that arise as a result of its own acts or omissions. Any costs for damages, claims, liabilities, or judgments incurred at any time by one Party as a result of the other Party’s negligence or intentional wrongdoing shall be paid for or reimbursed by the other Party. 7.2 LIMITATION OF LIABILITY. EXCEPT WITH RESPECT TO, AND EXPRESSLY EXCLUDING (A) EACH PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER; (B) ANY LOSSES OR CLAIMS ARISING OUT OF BREACHES OF SECTIONS 5.1, 5.2 AND 5.4; (C) ANY INFRINGEMENT CLAIM OR ACTION; (D) VIOLATION OF LAW, INCLUDING, BUT NOT LIMITED TO A VIOLATION OF HIPAA OR ANY DATA PRIVACY LAW, OR ANY STATE OR FEDERAL CONSUMER LAW OR REGULATION; AND/OR (E) FRAUD, WILLFUL MISCONDUT OR GROSS NEGLIGENCE OF THE INDEMNITOR, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY OR ANY OF ITS AFFILIATES, OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT INCLUDING ITS PERFORMANCE OR NON-PERFORMANCE HEREUNDER AND WHETHER THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 7.3 Indemnification. Each Party (each, an “Indemnifying Party”) shall defend, indemnify and hold the other Party and its affiliates (the “Indemnified Party”) and each of their respective directors, officers, employees and representatives harmless from and against all costs, expenses (including reasonable attorneys’ fees and costs of litigation, investigation and settlement, regardless of outcome), liabilities, losses, damages, penalties and fines (collectively, “Losses”) from third-party claims, actions, suits or proceedings to the extent arising out of (a) Indemnifying Party’s negligent act or omission, willful act or omission, or reckless act or omission; (ii) any breach by the Indemnifying Party of any representation, warranty, covenant or term contained or incorporated into this Agreement; and (iii) any violation of any applicable law, statute, regulation or ordinance, including, but not limited to privacy and confidentiality laws governing data and information of third parties and Members. Network shall also indemnify One Pass for any claim brought by a Member for the failure to deliver services by Participating Facility, or membership dues and/or associated fee disputes. 7.4 Indemnification Procedures. Promptly, upon becoming aware of any matter which is subject to the provisions of Article 7 8 (rev. 11/2025) (a “Claim”), the Indemnified Party must give notice of the Claim to the Indemnifying Party, accompanied by a copy of any written documentation regarding the Claim received by the Indemnified Party. The Indemnifying Party will, at its option, settle or defend, at its own expense and with its own counsel, the Claim. The Indemnified Party will have the right, at its option, to participate in the settlement or defense of the Claim, with its own counsel and at its own expense; but the Indemnifying Party will have the right to control the settlement or defense. The Indemnifying Party will not enter into any settlement that imposes any liability or obligation on the Indemnified Party without the Indemnified Party's prior written consent. The Parties will cooperate in the settlement or defense and give each other full access to all relevant information. If the Indemnifying Party: (i) fails to notify the Indemnified Party of the Indemnifying Party's intent to take any action within 30 days after receipt of a notice of a Claim; or (ii) fails to proceed in good faith with the prompt resolution of the Claim, the Indemnified Party, with prior written notice to the Indemnifying Party and without waiving any rights to indemnification, including reimbursement of reasonable attorney’s fees and legal costs, may defend or settle the Claim without the prior written consent of the Indemnifying Party. The Indemnifying Party will reimburse the Indemnified Party on demand for all Losses incurred by the Indemnified Party in defending or settling the Claim. ARTICLE 8 MISCELLANEOUS 8.1 Entire Agreement. This Agreement and appendices, attachments, exhibits and schedules referred to herein or attached hereto constitute the entire understanding between the Parties and supersedes all prior and contemporaneous proposals, communications, understandings and agreements (including letters of intent and prior non-disclosure agreements and proposals) between the Parties relating to its subject matter. 8.2 Independent Contractors. The Parties’ relationship to each other is that of independent contractors. No Party shall be deemed to be, or hold itself out as, a partner, agent, employee or joint venture partner of any other Party. No Party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other Party, or to represent any other Party as an agent, employee or in any other capacity. 8.3 Insurance. Each Party, at its sole cost and expense, shall procure and maintain in full force and effect for the term of this Agreement and after its termination for so long as the services are provided to Members pursuant to this Agreement, adequate commercial general liability insurance coverage, including but not limited to contractual liability insurance coverage, with limits that are reasonable and customary for its business to cover liabilities and claims which may arise in relation to or in connection with providing such Party’s respective services under this Agreement, but in no event less than $1,000,000 per occurrence and $2,000,000 annual aggregate. 8.4 Certificate of Insurance. Network and One Pass agree to 1) provide the other, within ten (10) business days of a written request, with a Certificate of Insurance with respect to all liability insurance required under this Agreement, and 2) maintain the foregoing policy or policies of insurance without material change or cancellation except upon thirty (30) days written notice to the other Party. 8.5 Audit Rights. One Pass shall have the right to review or to appoint an independent third-party auditor to review the files and materials used by Network for the purpose of auditing compliance by Network related to Network’s obligations under this Agreement. One Pass may exercise such right of audit during normal business hours upon five (5) business days prior written notice to Network. Network shall cooperate with One Pass’s auditor in the performance of any audit. One Pass shall be solely responsible for the cost of the audit, providing however, if such audit reveals reporting discrepancies to One Pass, Network shall bear the costs of such audit. Network’s obligation to disclose files and materials to One Pass or its auditor shall be subject to the requirements of the MGDPA, including but not limited to limitations on Network’s ability to disclose data classified by the MGDPA as private, nonpublic, or confidential. If it is determined that Network over-reported usage data or that One Pass overpaid Network a Network Facility Reimbursement in any particular period: (a) Network shall make restitution to One Pass in full for such overpayment, plus interest from the date of such erroneous overpayment(s) at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is less. (b) In the event One Pass’ affected client(s) deem such overpayment on behalf of their Members to be false claims 9 (rev. 11/2025) or fraud, waste and abuse overpayments under applicable law, Network shall defend, indemnify and hold One Pass harmless for any and all civil penalties incurred, in addition to all other damages in law. (c) One Pass has the right to request at any time any supplemental files and/or data on a going-forward basis, which are required by One Pass to substantiate usage records with date and time stamps. 8.6 Fitness Passport Program Performance Standards. The Fitness Passport Program Performance Standards are attached hereto and incorporated herein by reference as Appendix B. 8.7 Assignment. Except as provided in this section, neither Party may assign any of its rights and responsibilities under this Agreement to any person or entity without the prior written consent of the other Party, which shall not be unreasonably withheld. Network and One Pass acknowledge that persons and entities under contract with or affiliated with them may perform certain services under this Agreement. Network acknowledges that (a) assignment by One Pass of all or any of its rights and responsibilities under this Agreement to any affiliate, or (b) assignment of this Agreement by One Pass as a result of a change in control transaction of its outstanding ownership equity or a sale of substantially all of its assets, in each case shall not require Network’s prior written consent. 8.8 Successors. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heir(s), personal representatives, executors, administrators, successors, and assigns. 8.9 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. 8.10 Amendments. No amendments, modifications, or additions to this Agreement shall be valid unless made in writing and signed by both the Network and One Pass. 8.11 Severability. If any portions of this Agreement shall, for any reason, be invalid or unenforceable such portions shall be ineffective only to the extent of such invalidity or unenforceability and the remaining portion or portions shall nevertheless be valid, enforceable and of full force and effect. 8.12 Survival. The terms and conditions of this Agreement, which by their express or implied terms, survive the termination of this Agreement, shall survive the termination of this Agreement. 8.13 Notices. Any notice, demand, or communication required under this Agreement shall be hand delivered or sent by commercial overnight delivery service, or if mailed, by pre-paid, first class mail to the addresses below. The addresses to which notices are sent may be changed by proper notice. if to One Pass: 1660 Highway 100 S, Suite 590 St. Louis Park, MN 55416 Attention: Vince Pozinski with copy to: Vince Pozinski vince.t.pozinski@one-pass.com if to Network: City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 8.14 Counterparts. This Agreement may be executed by electronic signatures or in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one agreement. 10 (rev. 11/2025) IN WITNESS WHEREOF, this Agreement is executed by the Parties’ authorized officers or representatives and shall be effective as of the Effective Date. One Pass Solutions, Inc. Print Name: Rick Getschow \fullname1\ 11 (rev. 11/2025) APPENDIX A Fitness Passport Program Fees and Description of Services I. Fitness Passport Program Description: The One Pass Fitness Passport Program provides eligible Members with access to Network at no cost to the Member when they enroll in the Fitness Passport Program. The One Pass Fitness Passport Program also reimburses Network a pre-determined amount when Members meet the established program criteria as defined by One Pass and set forth herein. II. Network Facility Reimbursement: In consideration for Standard Network Services provided by Network to Member, One Pass will reimburse Network a pre-determined amount each calendar month for each participating Member, following Network’s certification and representation that the Member has met the program criteria as set forth below. The Network Facility Reimbursement payment is associated with a Member’s aggregate number of monthly visits to any Participating Facilit(ies) within the Network. For the avoidance of doubt, the Network Facility Reimbursement payment is not applicable to or payable per each Participating Facility individually. By way of illustration, if a Member visits Network’s Participating Facility A fifteen (15) times during the month of January and Network’s Participating Facility B across town thirteen (13) times during the month of January, One Pass shall pay to Network for the month of January a singular amount due and payable for twenty-eight (28) aggregate visits, and shall not owe Network two separate Network Facility Reimbursement payments for fifteen (15) Member visits to Participating Facility A, and for thirteen (13) Member visits to Participating Facility B. Medicare/Medicaid Member Participation Requirement Network Facility Reimbursement Owed during calendar month Participating Facility with a maximum monthly payment of $40.00 (10 visits) Commercial Member Participation Requirement Network Facility Reimbursement Owed calendar month Participating Facility with a maximum monthly payment of $40.00 (10 visits) Unless Network has notified One Pass in writing no later than August 1st of the current Term (August 1, 2027 or any subsequent renewal terms) of Network’s intention to negotiate the Network Facility Reimbursement rate, the Network Facility Reimbursement rate will not be negotiable and shall continue unchanged and shall be binding on the Parties for the following Renewal Term. III. Most Favored Network Facility Reimbursement Rate: Network represents and warrants to One Pass that the Network Facility Reimbursement rate set forth in this Agreement is equal to or less than the per-visit reimbursement rate(s) and maximum monthly reimbursement rate(s) offered by Network to any other Network customer for the same or similar services offered or rendered by Network under this Agreement. If, during the Term, Network enters into an agreement or arrangement with any other customer for the benefit of their members which includes a per-visit reimbursement rate or a maximum monthly reimbursement rate for the same or similar services, that is less than the corresponding rate stated in this Agreement, Network shall identify such lower per-visit rate and/or maximum monthly reimbursement rate to One Pass within thirty (30) days after the Network made such lower rates available to such other Network customer. The Parties shall promptly execute an amendment to this Agreement to incorporate the change in the Network Facility Reimbursement rate effective as of the date the Network made such lower rate available to the other Network customer. From time to time, One Pass may request Network to provide attestation of compliance with the Most Favored Network Facility Reimbursement Rate provision in this Agreement. In the event One Pass requests this attestation, Network will 12 (rev. 11/2025) respond to this request within 10 days stating that Network is either in compliance or modifications are needed to the Network Facility Reimbursement. In the event of Network’s breach of this provision, Network will pay restitution to One Pass as follows: the aggregate monthly difference between the lower per-visit or maximum monthly reimbursement rate offered to Network’s other customer and the corresponding rate set forth herein, aggregated from the date of Network’s offer to its other customer through the date of calculation. IV. Program Service Level Requirements. Network acknowledges and agrees that multiple or repeated violations of Service Level Requirements or One Pass Policies and Procedures, as set forth in the One Pass Guidelines Handbook may constitute a material breach of the Agreement and One Pass may terminate this Agreement pursuant to Section 2.2 of the Agreement. A. Network Requirements Select requirements listed below are included in and subject to the One Pass Guidelines Handbook. It is Network’s responsibility to review the One Pass Guidelines Handbook and to follow the policies and procedures contained therein and to ensure its Participating Facilities are aware of and follow the contained policies and procedures therein. One Pass may revise, amend, modify or restate the One Pass Guidelines Handbook from time to time in One Pass’ sole and absolute discretion. 1. Waiver of Enrollment and Membership Fees. In connection with its participation in the Fitness Passport Program, Network shall waive any and all enrollment and membership fees for those Members who enroll in the Fitness Passport Program. 2. Enrollment in the Program. It is Network’s responsibility to enroll Eligible Members in the Fitness Passport Program in order to be eligible for the Network Facility Reimbursement set forth above. 3. Development of Marketing and Promotional Materials. Network will reasonably cooperate with One Pass to develop Fitness Passport Program communication and promotional materials for One Pass to distribute to One Pass clients, Members and/or Eligible Members. 4. Network Website. At all times during the Term, Network shall maintain a public website that provides Participating Facilities’ locations, including Network branches by zip code, and a list of amenities, services and hours of operation and other information for each Participating Facility. Network shall allow One Pass to link to this site for purposes of providing information to Eligible Members and Members. 5. Usage Data Reporting. No later than the seventh day of each month, or if the seventh day of the month falls on a weekend or holiday, the next business day following the seventh day of the month, Network shall deliver to One Pass, in a file format specified by One Pass, a file containing the usage data for the prior month for every Member enrolled in the Fitness Passport Program, regardless of the number of times each such Member visited the Network or its Participating Facilities during such month. Network will report each Member’s cumulative number of visits to any Participating Facility in the file containing usage date. Network is responsible for ensuring the submitted usage data is verified and accurate. If, as a result of an Audit, One Pass discovered discrepancies in Network’s usage data reporting, One Pass has the right to request at any time any supplemental files and/or data on a going-forward basis, which are required by One Pass to substantiate usage records with date and time stamps. In the event overpayments to Network by One Pass are deemed “overpayments” as defined by, or subject of False Claims regulations (or other fraud, waste and abuse laws) by the applicable One Pass client or any federal or state agency, without limiting the generality of Network’s indemnification obligations under Article 7, Network will pay any overpayments made by One Pass and/or any penalties imposed upon One Pass by any governmental agency and/or One Pass client as a result thereof. Payments will be paid via next billing cycle credit. If credit exceeds total amount billed, Network will pay One Pass the difference. 13 (rev. 11/2025) A violation of this section constitutes a material breach of the Agreement and One Pass may terminate this Agreement in accordance with Section 2.2 of the Agreement. 6. Usage Data Method of Compilation. A maximum of one (1) visit per calendar day can be counted towards a Member’s monthly visit total to Network. Network will be responsible for accurate reporting monthly and for correcting any errors in reporting. Network shall report all monthly usage data no later than two (2) months after the end of each month in order to be reimbursed the Network Facility Reimbursement for such month. If Network submits monthly usage data later than two (2) months after the end of the reported month, One Pass will not reimburse Network for that month. For purposes of this Agreement, One Pass will only be responsible for those records that have been reported within two (2) months from the end of the reported month for possible Network Facility Reimbursement. For example, at the conclusion of the month of April, the Network has until July 7th or the next business day if July 7th falls on a weekend or holiday to report a Member’s April visit count for purposes of calculating a possible Network Facility Reimbursement. Upon identifying any processing errors Network will promptly notify One Pass of these errors and the errors will be corrected in the next month’s payment cycle. The Network Facility Reimbursement period is calculated based on each calendar month only, regardless of the date of enrollment by the Member. A Member who signs up for the Fitness Passport Program will enable Network to be eligible to earn a Network Facility Reimbursement payment commencing as of the month the Member enrolls. For example, if the Member enrolls in the Fitness Passport Program on January 5, Network may earn the Network Facility Reimbursement if the Member meets their monthly attendance requirement at a Network on or after January 1 through the end of January. 7. Member Complaints and Grievances. Network and its Participating Facilities shall assist One Pass to resolve questions, complaints or grievances related to a Member’s participation in the Fitness Passport Program and shall notify One Pass promptly via e-mail correspondence of all unresolved Member disputes and/or grievances that require the involvement of One Pass. 8. Program Implementation Timing. Network and its Participating Facilities, as applicable, shall complete all enrollment paperwork, program training and staff training necessary to begin accepting Members within thirty (30) business days of the Agreement Effective Date. At One Pass’ sole discretion, Network may be listed as a Participating Facility on Fitness Passport Program website within thirty (30) days of the Agreement Effective Date. 9. Network Main Contact Information. It is Network’s responsibility to update or to notify One Pass of any changes in the Network main contact information provided in Section 8.13. 10. Additional administrative and support services as described in the Guidelines Handbook B. One Pass Ongoing Service Level Responsibilities. 1. Member Education About Program. Communicating program overview to Members and making commercially reasonable efforts to notify Eligible Members of Fitness Passport Program enrollment guidelines and processes. 2. Post Network Information. In its sole discretion (per Article 3 of the Agreement), One Pass will post new and updated facilities as Participating Facilities in the Network directory on the One Pass website. 3. Eligibility Verification. Upon receipt of Member Fitness Passport Program utilization information on a monthly basis from Network, One Pass will verify the eligibility of Members listed on the monthly Member usage file and indicate which Confirmation IDs meet eligibility requirements for Network Facility Reimbursement to Network. One Pass will designate with an error code any records which are ineligible for any such payments. 4. Reimbursement Reporting. By the final day of each month or the next business day if the final day of the month falls on a weekend or holiday, One Pass (or its third party designee) will provide the eligibility verification file containing the payment amount of Network Facility Reimbursement to be reimbursed to Network for Standard Network Services 14 (rev. 11/2025) rendered in the prior month. In addition, by the final day of the month or the next business day if the final day of the month falls on a weekend or holiday, One Pass (or its third party designee) will satisfy such payable to Network (or a party delegated on Network’s behalf) via electronic funds transfer ("EFT") for the prior month. 15 (rev. 11/2025) Appendix B Fitness Passport Program Performance Standards Network and One Pass accept the minimum performance standards set forth below. Section 1 Minimum Standards 1.1 Customer Service: Participating Facilities and One Pass shall work together to resolve all Member complaints and grievances in a timely manner. Network will make best efforts to achieve the Customer Service Deliverables listed in Table 1 below: TABLE 1 - Customer Service Service Level Agreements Timeframe and from Participating Facilities from One Pass Network will respond within two (2) business days Member complaint and/or grievance resolution Network must notify One Pass in a timely manner of any disputes or other grievances involving Members and Network will work to resolve ninety-five percent (95%) or more of such disputes within seven (7) business days. Network must acknowledge issues raised by One Pass to Network within one (1) business day. A response to such reported issue, which shall include additional clarifying information surrounding the issue is required from Network within five (5) business days of original complaint/grievance or within one (1) business day for escalations routed to high-priority contact. Response times must be within timelines 99% of the time, as measured on a monthly basis. Failure to satisfy the Customer Service Levels will result in forfeiture by Network of 3.0% of all Network Reimbursement fees paid by One Pass in the month of which Service Levels were not met, except where Network can prove that Service Levels were not met due to force majeure events. 16 (rev. 11/2025) 1.2 Data and Payment Processing Schedule: Network, One Pass and One Pass’ designated third parties, if applicable will use the following schedule set forth in Table 2 below for processing data and sending payment: TABLE 2 – Data and Payment Processing (per Appendix A) Network to provide Member usage file to One Pass or One Pass’ designated third party* One Pass to provide eligibility verification file to Network or One Pass’ designated third party One Pass or One Pass’ designated third party to transmit the Network Facility Reimbursement to Network’s designated account By the seventh day of the month or the next business day if the seventh day of the month falls on a weekend or holiday, following the month of usage By the last day of the month or the next business day if the last day of the month falls on a weekend or holiday, following the month of usage** By the last day of the month or the next business day if the first day of the month falls on a weekend or holiday, following the month of usage** Example: March 7 for February usage Example: March 31st for February usage Example: March 31st for February usage * If One Pass notifies Network that One Pass utilizes a third party to collect Member usage from Network, Network will provide Member’s monthly usage reports to One Pass’ designated third party no later than by the fifth day of the month. ** Subject to One Pass’ timely receipt of usage data delivered by Network 17 (rev. 11/2025) Appendix C Code of Conduct 18 (rev. 11/2025) PURPOSE Our Mission. The mission of One Pass, Inc. (“One Pass” or the “Company”) is to work with health plans and self- insured employers to deliver a world class fitness Network for their members and employees, respectively. The Purpose and Applicability of this Code of Conduct. The purpose of this Code is to articulate the ethical framework within which the Company operates and to place management, and Personnel (including by definition our vendors (“vendors” includes our Network fitness providers”), and contractors, except where otherwise specified) on notice that they will be held responsible for abiding by the articulated standards, including applicable laws and guiding principles, and will conduct themselves in a manner that will protect and promote Company-wide integrity and enhance the Company’s ability to further its mission. This Code of Conduct provides a framework for the Company’s compliance efforts and written policies and procedures that are maintained by the Company. One Pass management are responsible for ensuring that all Personnel under their supervision understand the standards of conduct contained herein and comply with them, as well as with all job- specific policies and procedures. All Personnel must adhere to the provisions of the Code of Conduct to the extent applicable to their function. Personnel who reasonably suspect violations of the Code of Conduct are obligated to report it in accordance with the Company’s reporting policies, which includes the option to report anonymously. Those who reasonably report suspected violations are protected from retaliatory actions related to that report. (See, Section IX below.) Definitions. As used in this Code of Conduct, “Personnel” includes all Company and One Pass management, directors, employees, vendors (“vendors” includes our Network fitness providers), contractors and subcontractors, unless otherwise specified. “Employee[s]” will refer to regular exempt and non-exempt Company and One Pass employees. Distribution. The Code of Conduct will be distributed to all Personnel upon hire or contract commencement, and annually thereafter. It will also be available on the Company internal website. Those receiving the Code must sign an acknowledgement that they have received, will or have read and understand all standards contained herein. Training on the Code of Conduct or specific components may be required for Personnel (or subsets of Personnel) at the discretion of management. Violations. Personnel who violate the Code of Conduct may be subject to disciplinary action, up to and including termination of employment/contract or removal from leadership. Violating the provisions of the Code of Conduct may also be violations of the law. Such violations could subject the Company and the individuals involved to civil and/or criminal penalties, private lawsuits, reputational harm, and loss of customers. Questions. If you have questions, or it is unclear whether a particular action would violate the Code, you should ask your manager or the One Pass Compliance Lead at Compliance@one-pass.com. I. LEGAL COMPLIANCE The Company will strive to ensure that all activity by or on behalf of the Company is in compliance with applicable state, federal and local laws, regulations, and guidance (“applicable laws”). The following sections are intended to provide guidance to Company Personnel to assist them in their obligation to comply with applicable laws. Company Personnel are required to comply with all applicable laws, whether or not specifically addressed in these policies. If questions regarding the existence of, interpretation, or application of any applicable laws arise, they should be directed to the One Pass Compliance Lead (“Compliance Lead”) at Compliance@one-pass.com. 19 (rev. 11/2025) Antitrust Laws Company Personnel (excluding vendors and contractors) are expected to conduct Company business in a fair and transparent manner; to exercise independent decision making; to compete on the basis of quality, innovation, and efficiency; and to be generally aware of what the antitrust laws permit and prohibit. The Company complies with all applicable antitrust laws. Anticompetitive behavior in violation of antitrust laws can result in civil and criminal penalties, both for you and for the Company. Examples of conduct prohibited by the antitrust laws include express or tacit agreements among competitors and potential competitors to (1) fix prices, discounts, or other key terms affecting prices offered to customers; (2) improperly coordinate on RFP responses and bid submissions; (3) allocate business opportunities, customers territories, sectors of the market, or services; (4) boycott suppliers or customers or otherwise take actions that harm upstream or downstream competition; (5) improperly coordinate wages/compensation or hiring/recruitment; or (6) fix prices, discounts, or other key terms affecting prices paid for inputs. In order to avoid antitrust violations or even the appearance of improper conduct, Company Personnel must seek guidance from the Company’s Legal Department before requesting or exchanging competitively sensitive information, including pricing information, forward-looking marketing or strategic planning information, wage/benefit information, margin and cost information, or other confidential or proprietary information. For avoidance of doubt: • We do not communicate information to competitors about prices charged for Company services • We do not communicate costs of fitness Network services to competitors • We do not communicate to competitors any information regarding employee salaries, wages, benefits, compensation policies, staffing policies, employee contracts or severance agreements • We do not communicate to any third party the terms of or pricing under client agreements The Company’s Legal Department should be consulted when considering any collaboration, joint bid scenario, or other initiative involving a competitor or potential competitor, or as soon as possible if they become aware of a potential antitrust concern. In addition, the Company’s Legal Department should be consulted when engaging in discussions regarding prospective arrangements or agreements that include terms involving exclusivity, an agreement to provide one service conditioned on an agreement to provide another service or good (e.g., an “all products” clause), or any “most favored nations” terms. Health Care Laws The provision of healthcare services occurs in a highly regulated environment. Some of the basic fraud and abuse laws and regulations (collectively, “health care laws”) are directly applicable to the Company’s current business model since some of its clients are governed by federal health care programs and their attendant regulations. As such, Company Personnel should refrain from conduct that might violate these health care laws, because such conduct may suggest impropriety and may suggest that decision-making regarding health and wellness needs reflects factors beyond what is in the best interest of the Company’s members who access or receive health and wellness services from the Company on behalf of their healthcare plans. The health care laws include, but are not limited to, state and federal anti-kickback laws, false claims acts, unlawful inducement, and certain unfair business practices. Among other things, these health care laws prohibit direct, indirect, or disguised payments in exchange for the referral of patients or health care business paid in whole or in part under any federal health care program (e.g., Medicare, Medicaid, Tricare, etc.) and for some states, commercial payors as well. Personnel are expected to seek advice from the Company’s Corporate Compliance Department when confronted with business decisions involving implication of the health care laws. Anti-Kickback Statute, False Claims Act, Civil Monetary Penalties and Fraud and Abuse 20 (rev. 11/2025) The Company looks to the laws governing federal health care programs (including Medicare and Medicaid) for guidance for expected ethical behavior. Some states have similar provisions that may be applicable to all payors. Anti-Kickback The federal Anti-Kickback Statute (“AKS”) prohibits the knowing and willful payment of “remuneration”, or “kickbacks”, to induce or reward member referrals or the generation of business for items or services payable by the federal health care programs. Kickbacks and other illegal payments can be in the form of cash, services, gifts, goods, entertainment, facilities, appreciation of stock, or any other items of value, including small gifts or items. Violations of the AKS can result in severe civil and criminal penalties, significant monetary fines, exclusion from the federal health care programs and/or imprisonment. Any Personnel involved in offering or soliciting or receiving kickbacks or improper payments related to referrals of health care business, as addressed by the AKS, may be subject to disciplinary action, including termination. If there is any question or concern about whether specific conduct or activities are implicated under any of the Company’s business lines, Personnel should contact the Corporate Compliance Department. False Claims Under the False Claims Act (the “FCA”), entities and persons cannot knowingly submit a false or fraudulent claim for payment of federal funds. In addition to what is considered traditional member fraud, the FCA applies to claims made for payment to Medicaid, Medicare and other government-sponsored health care programs by health and wellness companies like One Pass and health and wellness providers like those providers in the Company’s fitness Network. Potential fines for violating the FCA include: • Up to three times the amount of payment made on each false claim • Additional civil penalties for each false claim; and • Payment of the cost of the civil action by the entity or person that submitted the false claim If found liable under the FCA, the Company or person may also be excluded or suspended from participating in all federal health care programs. A perpetrator who is an individual person may also be required to serve time in jail. Finally, some states in which the Company does business have adopted their own prohibitions on false claims. Violations of state-equivalents of the FCA carry additional violations under such state laws. The Company is a steward of public funds received as downstream flow of federal and state funds. Personnel (including Network providers) are required to report all actual or suspected violations of the FCA and similar state laws, and all suspected, actual misuse or illegal use of government funds. Inducements Although often well-intentioned, offering free or discounted services or items to members may violate federal and state laws governing improper inducements, especially if the offeree is a federal program beneficiary. Federal healthcare regulators have long been concerned with the inappropriate incentives in healthcare, which can undermine decision-making that prioritizes a member’s health and wellness needs and best interests. In response, the Civil Monetary Penalties Law (“CMPL”) was enacted, among other laws, to help protect the financial integrity of federal healthcare programs. The CMPL prohibits the offering or paying of rewards, incentives, discounts, gifts or other items or services of value (commonly known collectively as “remuneration”) to federal beneficiaries if the offer will or is likely to influence the beneficiary’s decisions, conduct or choices with respect to services or items that are paid for by insurance. This is also referred to as “patient inducement” or “member inducement.” There are some limited exceptions to the CMPL and in some instances, it may be permissible to give items to members. For additional guidance, Personnel should contact the Corporate Compliance Department. 21 (rev. 11/2025) Excluded Persons The Company may decline to hire or contract with (or terminate existing employment or contract) any individual or entity that is excluded or ineligible to participate in the federal health care programs (e.g., Medicare, Medicaid, Tricare, etc.), or an individual or entity that is suspended or debarred from entering government contracts. Personnel are required to report to the Compliance Lead if they are now, or become, excluded, debarred, or ineligible to participate in federal healthcare programs or government contracts. Lobbying and Political Contributions Personnel must obtain approval from the Compliance Lead for any work activity that requires lobbying communication with any member or employee of a legislative body or with any government official or employee in the formulation of legislation. This includes meetings with legislators or members of their staffs or with senior executive branch officials on behalf of the Company. The Company reserves the exclusive right to communicate its position on important issues to elected representatives and other government officials. It is the Company’s policy to comply fully with all local, state, federal, foreign, and other applicable laws, rules, and regulations regarding political contributions. Improper Payments to Government Officials Personnel may not offer any payment or business amenity (i.e., anything of value) to a public official or a government employee if doing so could reasonably be construed as having any connection with the Company’s business, even if the item has a nominal value or arguably no value at all. This may include meals, items bearing Company logos, and other common business gifts. Any proposed payments must be disclosed to the Compliance Lead and approved in advance. Personnel should contact the Corporate Compliance Office for guidance. Investigations and Litigation The Corporate Compliance Department or Legal Department must be immediately notified in the event that Company Personnel become aware of (1) any commenced, threatened or anticipated investigation, audit, or other inquiry by the government or a payor, (2) any commenced, threatened or anticipated litigation, or (3) the service of legal process related to the Company. If the Compliance Lead is notified, the Compliance Lead will promptly notify the Company General Counsel to ensure the appropriate persons at all divisions in possession of potentially relevant documents are directed to stop the destruction of any relevant documents pending further notice that the investigation or litigation has concluded. II. BUSINESS ETHICS In furtherance of the Company’s commitment to the highest standards of business ethics and integrity, Personnel will accurately and honestly represent the Company and will not engage in any activity or scheme intended to defraud anyone of money, property, or honest services. Honest Communication The Company requires candor and honesty from Personnel in the performance of their responsibilities and in all communications. The Company will strive to provide timely and accurate information to members enrolled in the Company services, and Personnel. Misappropriation of Proprietary Information 22 (rev. 11/2025) Company Personnel may not misappropriate confidential or proprietary information belonging to another person or entity, nor utilize any publication, electronic data, document, computer program, information, or product in violation of the Company’s or a third party’s interest in such product. All Company Personnel should ensure that they do not improperly copy for their own use documents or computer or software programs in violation of applicable copyright laws or licensing agreements. III. CONFIDENTIAL INFORMATION/NON-DISCLOSURE The Company strives to maintain the confidentiality of member and patient information, proprietary business information and other confidential information in accordance with applicable legal and ethical standards. The Company collects and maintains personal information of the members we serve. The information is often protected by federal and state privacy and security laws and includes “Personally Identifiable Information” (“PII”) and “Protected Health Information” (“PHI”). These laws require PII and PHI to be protected and handled in a confidential manner. PII is information that can identify a person, either by itself or when combined with other information. PHI is personally identifiable information the Company may receive from time to time from our health plan clients or self- insured employer clients. Additionally, in the course of serving our plan clients and self-insured employer clients, the Company has access to and is in possession of information about our clients and vendors that is not generally known to the public and, if improperly disclosed, may be harmful to the Company or its clients or vendors The members we serve depend on us to protect their personal information. In the course of performing their responsibilities, Company Personnel have access to a broad variety of confidential, sensitive, proprietary information, and PII and PHI. The Company has an obligation to actively protect and safeguard confidential, sensitive, and proprietary information in a manner designed to prevent the unauthorized disclosure of information. All Company Personnel have an obligation to maintain the confidentiality of PII, PHI and all other categories of confidential information as generally described above. The Company has implemented policies and procedures designed to protect the use, disclosure and confidentiality of PII, PHI and all other categories of confidential information. The Company provides privacy and security training for all Company Personnel upon hire and annually thereafter and requires that all Company Personnel are aware of and abide by such policies and procedures. As a condition of employment, all Company Personnel are required to sign a Proprietary Information and Confidentiality Agreement. In addition, all new Company Personnel (excluding vendors) are required to complete and sign an Employee Handbook Acknowledgment, documenting they have reviewed and agree to abide by specified Company policies and procedures, including policies governing the treatment of confidential information, privacy and security. Any disclosure of confidential information must be limited to the minimum necessary to accomplish the task. If questions arise regarding an obligation to maintain the confidentiality of information or the appropriateness of releasing information, Personnel should refer to the relevant policies and procedures, or Personnel should contact the Compliance Lead. IV. CONFLICTS OF INTEREST Personnel must base business decisions and actions on the best interests of the Company. Employees may not use their position at the Company to profit personally or to assist others in profiting in any way at the expense of the organization. Accordingly, the Company expects Employees to identify and avoid situations and interactions with others that are, or may appear to be, conflicts of interest. A conflict of interest occurs when an individual’s personal interest interferes in any way – or even appears to interfere – with the interests of the Company as a whole. All apparent, potential and 23 (rev. 11/2025) actual conflicts of interest should be carefully avoided. If there are any questions about whether something may be a conflict of interest, that arrangement should be disclosed to the Compliance Lead. Although it is not possible to list every activity or situation that might raise a conflict of interest, the list below is included to help you recognize some of the more common ones. All Company Personnel (excluding vendors) are required to disclose conflicts of interest upon hire, appointment, or contract and annually thereafter on the One Pass Conflicts of Interest Attestation and Questionnaire and are expected to disclose conflicts of interest that may arise during their course of employment or retention with the Company. Please refer to the Company’s policies and procedures governing conflicts of interest or contact the Compliance Lead with any questions. Outside Financial Interests 1. Ownership in or employment by any outside entity that does business with the Company. This does not apply to stock or other investments held in a publicly held corporation, provided the value of the stock or other investments does not exceed five (5) percent of the corporation’s stock. The Company may, following a review of the relevant facts, permit ownership interests that exceed these amounts if management concludes that such ownership interests will not adversely impact the Company’s business interest or the judgment of the covered person. 2. Representation of the Company-by-Company Personnel in any transaction in which such Company Personnel or a family member has a substantial personal interest. 3. Disclosure or use of confidential, special, or inside information of or about the Company, particularly for personal profit or advantage of Company Personnel or of a household member. 4. Competition with the Company-by-Company Personnel, directly or indirectly, in the purchase, sale, or ownership of property or property rights or interests, or business investment opportunities. Services for Competitors and Vendors Company Personnel (including employed and independent contractor staff) may not perform work or render services for any competitor of the Company or for any organization with which the Company does business or that seeks to do business with the Company outside of the normal course of his or her employment or contract with the Company without the written advance approval or waiver of such conflict from the Company. Further, no such Personnel may be a director, trustee, officer, or consultant of such an entity, nor permit his or her name to be used in any fashion that would indicate a business connection with such entity without the prior written approval or waiver of such conflict from the Company. Please contact the Compliance Lead if you have any questions. V. BUSINESS RELATIONSHIPS Business transactions with vendors, contractors, and other third parties will be transacted free from offers or solicitation of gifts and favors or other improper inducements in exchange for influence or assistance in a transaction. It is the intent of the Company that this policy be construed broadly to avoid even the appearance of improper activity. If there is any doubt or concern about whether specific conduct or activities are ethical or otherwise appropriate, you should contact the Compliance Lead. 24 (rev. 11/2025) General Policies and Procedures Relating to Ethical Business Relationships Before an Employee participates in any activity relating to the areas identified below, the Employee and/or Company will obtain the written approval of the Compliance Lead: • Any financial or ownership interest between the Company and/or its Personnel (excluding vendors and contactors), on the one hand, and any entity or person to whom the Company and/or its Personnel (excluding vendors and contractors) refer members or from whom Company and/or its Employees receive referrals, on the other hand. Sponsorships, Meals, Entertainment and Gifts Providing anything of value to members and/or referral sources, such as sponsorships, meals, entertainment, free services, or gifts, could potentially be viewed as payments designed to influence the conferral of business on the Company. Any Personnel considering providing anything of value to potential business partners or clients must follow the Company’s policy on this topic and obtain appropriate approvals. VI. PROTECTION OF COMPANY ASSETS All Personnel will strive to preserve and protect the Company’s assets by making prudent and effective use of Company resources and properly and accurately reporting the Company’s financial condition. Internal Control The Company has established control standards and procedures to ensure that assets are protected and properly used and that all records and reports kept in the course of the Company’s business are accurate and reliable. All Personnel share the responsibility for maintaining and complying with required internal controls. Questions regarding these internal controls may be addressed to the Company Finance Department. Financial Transactions and Reporting All of the Company’s business transactions will be carried out in accordance with management’s general or specific directives. No payment will be approved, made, or requested with the intention or understanding that it will be used for any other purpose other than that described in the supporting documentation of the payment. All financial reports, accounting records, reports, expense accounts, timesheets, and other documents must accurately and clearly represent the relevant facts or the true nature of a transaction. Improper or fraudulent accounting, documentation, or financial reporting is contrary to the policy of the Company and may be in violation of applicable laws. Questions regarding financial transactions and reporting may be addressed to the Company Finance Department. Accuracy, Retention and Disposal of Documents and Records Personnel are responsible for the integrity and accuracy of the Company’s documents and records. No one may alter or falsify information on any record or documents. Member records and business records will be maintained, retained and destroyed in accordance with the law and the Company’s policies and procedures. Questions regarding document accuracy, retention, and disposal may be addressed to the Compliance Lead. 25 (rev. 11/2025) VIII. ADMINISTRATION AND APPLICATION OF THIS CODE OF CONDUCT The Company expects each person to whom this Code of Conduct applies to abide by the principles set forth herein. Conduct not specifically addressed by these principles must be consistent with them. Additionally, Company Personnel are expected to cooperate with internal investigations by the Compliance Lead. Any Personnel who violate the Code of Conduct will be subject to disciplinary action, up to and including termination of employment/contract or removal as an officer or director. Violating the provisions of the Code of Conduct can also be a violation of the law. Such violations could subject the Company and the individuals involved to civil and/or criminal penalties, private lawsuits, reputational harm, and loss of customers. If it is unclear whether a particular action would violate the Code, you should ask the Compliance Lead. IX. REPORTING COMPLIANCE VIOLATIONS Employees have an obligation to report known or suspected violations of the Code of Conduct; compliance policies; and federal, state or local laws; and an Employee may be subject to disciplinary action if he/she does not. How to Report Employees may want to talk to their immediate supervisor first about compliance concerns. Supervisors are responsible for addressing and responding to compliance concerns in a timely fashion. However, if an Employee feels uncomfortable talking to their supervisor, or if they believe their supervisor may be involved in the prohibited activity, they may choose among the following reporting options: 1. Contact the Compliance Lead, Kimberly Anderson, by email at Compliance@one-pass.com, XXX@one- pass.com, or phone at (763) 595-3343. 2. Contact through the confidential, anonymous Compliance Hotline (available 24 hours a day, 7 days a week) by web at https://report.syntrio.com/one-pass or by toll-free phone at 855-867-2630 3. Contact any member of the Company leadership team. What Will Be Done With the Report If an Employee reports a known or suspected violation of the Code of Conduct, compliance policies or any other federal, state or local laws, rules, or regulations in good faith, if so requested, their identity will be kept confidential to the extent permitted by law, unless doing so prevents a full and effective investigation of the reported concern. The Company has a strict policy of non-retaliation against anyone who reasonably reports suspected or known violations or compliance concerns. X. MISCELLANEOUS Nothing in this Code of Conduct is intended to nor may be construed as providing any additional employment or contract rights to Personnel or other persons. While the Company will generally attempt to communicate changes concurrent with or prior to the implementation of such changes, the Company may modify, amend, or alter the Code of Conduct without notice to any person or Personnel. 26 (rev. 11/2025) QUESTIONS OR CONCERNS? One Pass Compliance: compliance@onepass.com One Pass Compliance Lead: Kimberly Anderson Kimberly_Anderson@one-pass.com or (763) 595-3343 24/7 Anonymous, Confidential Reporting Hotline - Webpage: https://report.syntrio.com/one-pass 24/7 Anonymous, Confidential Reporting Hotline - Toll-Free Telephone: English-speaking USA and Canada: 855-867-2630 Spanish-speaking USA and Canada: 800-216-1288 North American callers speaking languages other than English, Spanish or French: 844-301-0005 City Council Agenda Cover Memo Date: September 1, 2026 Sec on: Consent Calendar Item Number: VII.L. Department: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION Approve agreement with Stantec Consulting Services, Inc. for the design and construction documents to repair the berm at Purgatory Creek Recreation Area. REQUESTED ACTION Approve the Standard Agreement for Professional Services with Stantec Consulting Services, Inc. for the design and construction documents for the Purgatory Creek Recreation Area Berm Repair project in the amount not to exceed of $41,827.00. SUMMARY Staﬀ has been working with the Riley Purgatory Bluﬀ Creek Watershed District for a number of years on solution to a portion of the berm at Purgatory Creek Recreation Area that had settled below the normal water level. This settling cause the recreation trail that runs along the top of the berm to become unusable. A temporary boardwalk was installed a number of years ago to get the trail back into a usable condition, but we continued to work to ﬁnd a permanent solution. Staﬀ are now proposing to partner with the District to have Stantec come up with a design to repair this section back to its original elevation. City staﬀ will be managing the project, but funding will be split 50/50 with the District. ATTACHMENTS Professional Services Agreement Exhibit A (rev. 4/2026) Standard Agreement for Professional Services This Agreement for Professional Services (“Agreement”) is made on this 1st day of September, 2026, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services, Inc., a Minnesota Corporation (“Consultant”) whose business address is One Carlson Parkway North, Suite 100, Plymouth, MN 55447. 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 Purgatory Creek Recreation Area Berm Repair Design and Construction Documents 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 will not be in effect in any manner. 2. Term. The term of this Agreement will be from 9/1/2026 through completion of the work 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 $41,827.00 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 will require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Page 2 of 13 (rev. 4/2026) c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance will 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 will 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 will give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and will 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 will 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. The City will appoint a representative with respect to the work to be performed under this Agreement. The City representative will 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 will submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted will 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 must 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 must 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 must provide an itemized listing and such documentation as reasonably required by the City. Each invoice must contain the Page 3 of 13 (rev. 4/2026) 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 will be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items only 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 must 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 will 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 must 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 will 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 must put forth reasonable efforts to complete its duties in a timely manner. Consultant will not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Consultant will 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 upon seven (7) days’ written notice delivered to the other party at the address written above. Upon termination, if there is no fault of the Consultant, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment will be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant may not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express Page 4 of 13 (rev. 4/2026) written consent of the City. The Consultant must 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 must pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant must pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant will 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 deems necessary and appropriate for the performance of its obligations pursuant to this Agreement, who will be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) will have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein may be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant must 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 must 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, 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. c. Consultant must procure and maintain the following minimum insurance coverages and limits of liability for the Work: Page 5 of 13 (rev. 4/2026) 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 d. Commercial General Liability. The Commercial General Liability Policy must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must 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 may 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 must maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. 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, must name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, must apply on a “per project” basis. Page 6 of 13 (rev. 4/2026) i. All General Liability policies, Automobile Liability policies and Umbrella policies must 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, must be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, must insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy must 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 is Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies must 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 must 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 must be provided. Such documents evidencing Insurance must be in a form acceptable to City and must provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates must 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 will not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the Page 7 of 13 (rev. 4/2026) terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. 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) 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 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity will 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. r. 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. Page 8 of 13 (rev. 4/2026) 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. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Consultant’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. Consultant must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Consultant produces map- based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Consultant must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement is subject to mediation as a condition precedent to the initiation of any legal or equitable proceeding by either party. The mediator will be selected by mutual agreement of the parties, and the costs of mediation will be shared equally. Unless Page 9 of 13 (rev. 4/2026) otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any resolution reached through mediation must be documented in a written mediated settlement agreement, which will be binding on the parties and enforceable in any court of competent jurisdiction. General Terms And Conditions 16. Assignment. Neither party may assign this Agreement, nor any interest arising under this Agreement, without the written consent of the other party. 17. Compliance with Laws and Regulations. In providing services under this Agreement, the Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the services will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Conflicts. No salaried officer or employee of the City and no member of the City Council may have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be considered an original. 20. Damages. In the event of a breach of this Agreement by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Agreement, whether during the term of this Agreement or thereafter, including, without limitation, reasonable attorneys’ fees. 22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Agreement will be effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. 23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant must not discriminate against any employee or applicant for employment because of race, Page 10 of 13 (rev. 4/2026) color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Consultant must 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 must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Agreement, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, 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 will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will 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 specified above, 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 are 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 under this Agreement will be honored by the City. 28. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 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) Page 11 of 13 (rev. 4/2026) 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, must 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 Consultant 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 will comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement must 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 will not affect, in any respect, the validity of the remainder of this Agreement. Page 12 of 13 (rev. 4/2026) Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager CONSULTANT By: ________________________________ Its: _________________________________ Page 13 of 13 (rev. 4/2026) EXHIBIT A Quote/Proposal/Scope of Services Stantec Consulting Services Inc. One Carlson Parkway North, Suite 100 August 10, 2026 Matthew Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Reference: PCRA Berm Dear Mr. Bourne, Stantec is pleased to submit this proposal to assist the City of Eden Prairie Parks and Water Resources Department with design services for the Purgatory Creek Recreation Area Berm (PCRA). Stantec will finalize the design, permitting, and quote package to support anticipated winter construction. Background The City of Eden Prairie has identified erosion and washout of the berm west of the existing bridge in the park located near the Southwest Station off Technology Drive in Eden Prairie, Minnesota. The existing boardwalk was constructed in 2017 and has experienced settlement and washout due to high water conditions. This project will restore the berm to the 2017 permitted condition and evaluate geotechnical information to provide the City with an alternative to stabilize the berm and maintain access for pedestrian and light vehicle travel. Stantec will assess options such as creating a surcharge cross section and placing approximately 3 feet of overburden to restore the trail, or will investigate other options following geotechnical evaluation of the soil conditions. A 60% plan set was previously developed for the Purgatory Bluff Creek Watershed. Stantec will evaluate and use the previous information as applicable. This scope provides the tasks and budget to manage the project, prepare plans and specifications, provide quote assistance, complete geotechnical evaluation, and support permitting. Scope of Work Task 1 – Project Management and Meetings Project management responsibilities include coordination and communication with the City Water Resources and Parks departments through meetings, letters, transmittals, emails, memoranda, and other formal and informal communication, as appropriate. This task also includes preparation of project correspondence, invoices, and internal Stantec coordination. Stantec staff will meet on site with City staff for an evaluation and design discussion meeting. Assumptions: • Stantec will meet with City staff and other applicable parties on site to conduct a site visit, review the current condition of the berm, and discuss regulatory and design considerations. August 10th, 2026 Matthew Bourne Page 2 of 5 Reference: Purgatory Recreation Area Berm, City of Eden Prairie Task 2 – Design and Quote Assistance Stantec will utilize information collected during the site investigation, geotechnical evaluation, survey, and data provided by the City. Stantec will review the previously developed 60% design plans to help finalize the berm design and plans. Design will include a surcharge section or other repair options to address the berm washout. Stantec will provide the City with updated 60%, 90%, and 100% design submittals. After the City provides comments on the 90% quote package, Stantec will prepare a final engineering plan and quote package, including specifications and an opinion of probable cost, showing the proposed improvements for one round of City review. This scope for quote assistance includes one meeting with the City to discuss potential contractors and one pre-bid meeting with the selected contractor. It is assumed that the total construction cost for the maintenance improvements will be below the monetary threshold requiring public bidding and that the package will be issued for quotes. Stantec will send the quote package to preferred contractors agreed upon by Stantec and the City of Eden Prairie, compile the received quotes, and provide a recommendation to the City based on review of the quotes. Assumptions: • Stantec will re-evaluate the design approach based on geotechnical data collected from the site and prepare 60% design plans. • One meeting with City staff is included to review the 60% and 90% engineering plans and quote package. • The quote package assumes the project construction cost will be less than $175,000. If the project requires the City to complete a formal bidding process, Stantec can provide these services at an additional cost. • Construction oversight services are not included as part of this proposal. Deliverables: • Construction plans and specifications • Quote package • Contractor pre-bid meeting and contractor recommendation. Task 3 – Geotechnical Stantec will prepare a Request for Quote (RFQ) that can be submitted to geotechnical contractors for pricing. The RFQ will outline the number of requested soil borings, depths, sampling intervals, and testing August 10th, 2026 Matthew Bourne Page 3 of 5 Reference: Purgatory Recreation Area Berm, City of Eden Prairie requirements. Once the investigation is complete and the soil test data is received, Stantec will use the data to complete an evaluation of stabilization options and provide a design recommendation to the City. Assumptions: • Stantec assumes the City will procure and pay for the geotechnical drilling contractor and associated soil borings and testing outlined in the RFQ. • No construction oversight is included in this proposal. Deliverables: • Geotechnical Investigation RFQ • Geotechnical evaluation and design recommendations. Task 4 – Permitting Stantec will provide permitting assistance for the PCRA berm for the City. This will include review of applicable watershed and DNR requirements. As noted by City staff, the DNR indicated that the project can be permitted through the 1999 permit, and a 0.5-foot temporary rise is allowable from placement of the surcharged berm. According to the City, a natural heritage review will also be required. Stantec will prepare the necessary information required to submit for the natural heritage review. Erosion and sediment control sheets and a SWPPP for an NPDES permit will also be provided if required. Assumptions: • Stantec will provide a no-rise application, form, and supporting information documenting removals, such as an email response or short technical memorandum. No additional modeling or watershed permitting is included as part of this scope, other than assistance with erosion and sediment control and floodplain no-rise documentation. • The natural heritage review will be coordinated during the early stages of the project. Stantec will submit the necessary information to the agency for review. • All permits will be paid for by the City. • No wetlands are assumed to be present on site. Deliverables: • Prepare a no-rise document and short technical memorandum for the DNR permit. • Provide required information such as a SWPPP and ESC plans for the watershed erosion and sediment control administrative permit. August 10th, 2026 Matthew Bourne Page 4 of 5 Reference: Purgatory Recreation Area Berm, City of Eden Prairie Schedule We assume this project will begin in August/September 2026. Design plans and quantities will be provided in late fall. Quote assistance and contractor selection will be provided shortly after the City accepts the design plans and specifications. Fee Estimate Our estimated fee to complete the identified scope of work is $41,827.00. Any anticipated changes to the scope that will affect the project fee will be communicated to the City before additional work is undertaken. We will invoice monthly for actual time and expense incurred. To execute this contract, please sign below. We thank you for this opportunity to present this proposal. Should you have any questions or need clarification of anything in the enclosed proposal, please do not hesitate to contact us. Regards, STANTEC CONSULTING SERVICES INC. Nick Wyers Project Manager 952-838-5661 Nick.wyers@stantec.com Ben Otto Civil Engineer 612-286-2117 Ben.otto@stantec.com 1 Project Management $5,937.00 2 Design and Quote Assistance $21,170.00 3 Geotechnical Evaluation and Design $7,720.00 4 Permitting $6,880.00 Total $41,827.00 August 10th, 2026 Matthew Bourne Page 5 of 5 Reference: Purgatory Recreation Area Berm, City of Eden Prairie Attachment: None By signing this proposal, the City of Eden Prairie, MN authorizes Stantec to proceed with the services herein described. This proposal is accepted and agreed on (DATE):________________________________ Per: The City of Eden Prairie, MN Print Name & Title Signature City Council Agenda Cover Memo Date: Sept. 1, 2026 Section: Public Hearing Item Number: VIII.A. Department: Community Development/Housing & Community Services Julie Klima/Paja Xiong ITEM DESCRIPTION Public Hearing to solicit comments on the Fiscal Year 2025 Consolidated Annual Performance and Evaluation Report (CAPER) REQUESTED ACTION Hold a public hearing to solicit comments on the Fiscal Year 2025 Consolidated Annual Performance and Evaluation Report (CAPER). SUMMARY The 2025 Consolidated Annual Performance and Evaluation Report (CAPER) evaluates the City of Eden Prairie’s accomplishments towards meeting the ﬁve-year goals deﬁned in the Consolidated Plan, as required by the Department of Housing and Urban Development (HUD), for communities receiving Community Development Block Grant (CDBG) funding. The 2025 program year began July 1, 2025 and ended June 30, 2026 and is the ﬁrst grant period of the 2025-2029 Consolidated Plan. Background Information The ﬁve-year goals of the Consolidated Plan are the quantitative unit and service goals for the Hennepin County Consortium, which includes Hennepin County, and the cities of Bloomington, Plymouth, and Eden Prairie. Support of housing programs and public services is seen as a high priority for the City of Eden Prairie. The City’s priorities for CDBG funds remain consistent with the 2025 Annual Action Plan. Those priorities are focused on housing activities for seniors, disabled, and low-income residents which included: • Aﬀordable Housing • Rehabilitation of Private Property • First Time Homebuyer Assistance • Public Services HUD requires at least two public hearings be held each program year to provide opportunities for residents and interested representatives of local organizations to be involved in reviewing program activities, the local needs of low and moderate-income persons and proposed uses for CDBG funds. In conjunction with Hennepin County, Eden Prairie will hold two public hearings in the current ﬁscal year with the ﬁrst being advertised for and held this evening. Any comments received during the meeting, or in writing during the comment period, will be submitted to HUD as part of the CAPER package. The second public hearing will be advertised and held by the Eden Prairie City Council in or around March 2027 to obtain public comments on proposed activities for CDBG funding for the 2027 program year. ATTACHMENTS 2025 CDBG Draft Consolidated Annual Performance and Evaluation Report (CAPER) City of ĚĞŶWƌĂŝƌŝĞ 2025 Consolidated Annual Performance and Evaluation Report CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. •$199,604 of the City’s 2025 CDBG allocation and $35,000 in program income and prior year funds was allocated to the City's Rehab program and affordable housing programs to help provide decent housing, while maintaining affordability and sustainability. While funds were allocated, no 2025 CDBG funds were expended during this period because the City of Eden Prairie was awaiting formal implementation direction from HUD to ensure compliance with applicable executive orders in effect. In 2025, seven 2024 rehab activities were completed. •$53,000 of the City’s CDBG allocation was allocated for public service programs that provide assistance to low and moderate-income seniors, families, youth and individuals. These funds helped provide access to suitable living environments, maintain affordability, availability and accessibility to housing activities. While funds were allocated, no CDBG funds were expended during this period because the City of Eden Prairie was awaiting formal implementation direction from HUD to ensure compliance with applicable executive orders in effect. •$2,000 of the City’s CDBG allocation was used for fair housing activities. The City funds and participates in the Fair Housing Implementation Council (FHIC), a regional housing consortium that works on region-wide fair housing strategies. This group, working with a non-profit consultant, recently completed its new Analysis of Impediments (AI) and is set to begin strategizing around some of the impediments identified. •$25,000 of the City’s CDBG allocation and $25,000 in program income was allocated for administration of the CDBG program. In 2025, the City of Eden Prairie received $279,604 in CDBG funding and $60,000 in CDBG program income. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Category Source / Amount Measure – Strategic Strategic Plan Complete – Program Program Year Complete Acquisition Affordable Housing CDBG: $ Homeowner Housing Added Housing Unit 5 0 0.00% 2 0 0.00% Administration Administration $ Other Other 1 1 100.00% 1 1 100.00% Direct Homebuyer Assistance Affordable Housing CDBG: $ Homeowner Housing Added Housing Unit 5 0 0.00% 1 0 0.00% Homebuyer Assistance Affordable Housing CDBG: $ Homeowner Housing Rehabilitated Housing Unit 0 0 0.00% 0 0 0.00% Homebuyer Assistance Affordable Housing CDBG: $ Housing for Homeless added Housing Unit 0 0 0.00% 0 0 0.00% Homebuyer Assistance Affordable Housing CDBG: $ Housing for People with HIV/AIDS added Housing Unit 0 0 0.00% 0 0 0.00% Fair Housing Fair Housing $ Other Other 1 1 100.00% 1 1 100.00% Homeowner Rehabilitation Affordable Housing CDBG: $ Homeowner Housing Rehabilitated Housing Unit 30 4 13.00% 8 0 0.00% CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Public Services Special Needs Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 40 0 0.00% 8 0 0.00% Public Services Special Needs Non-Housing Community Development CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 40 0 0.00% 13 0 0.00% Rehab Grants Non-Homeless Special Needs CDBG: $ treatment/business building rehabilitation Business 5 1 20.00% 1 1 100.00% Rehab Grants Non-Homeless Special Needs CDBG: $ Homeowner Housing Rehabilitated Housing Unit 0 0 0.00% 0 0 0.00% Rehab Grants Special Needs $ Businesses assisted Assisted 0 0 0.00% 0 0 00.00% Rental Housing Rehabilitation Housing Non-Homeless Special Needs CDBG: $ Rental units rehabilitated Household Housing Unit 0 0 0.00% 0 0 0.00% Senior Services Special Needs Non-Housing Community Development Senior Public Service CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 150 0 0.00% 45 0 0.00% CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Youth Services Non-Housing Community Development CDBG: $ other than Low/Moderate Income Housing Benefit Persons Assisted 5 0 0.00% 0 0 0.00% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. All activities undertaken by the City of Eden Prairie have a high ranking in the Five Year strategic plan. These activities include Homeless Prevention (PROP), Senior Community Services, Car Repair (PROP), West Hennepin Affordable Housing Land Trust (WHAHLT), First Time Homebuyer and Housing Rehab. Their priority in the strategic plan was high serving those households who were at or below 80% area median income. Since decent, affordable housing is of the highest priority for the City, it is very important that Housing Rehab, Homeless Prevention (PROP), First Time Homebuyer and WHAHLT meet their goal. While all these activities were high priority, no CDBG funds were expended during this period because the City of Eden Prairie was awaiting formal implementation direction from HUD to ensure compliance with applicable executive orders in effect. Although no CDBG funds were expended, the City of Eden Prairie continues to support housing programs and local non-profits through other funding sources, some of which the City of Eden Prairie has utilized in the past in conjunction with CDBG funds. During this period, the City of Eden Prairie has been relying on those additional funds to still meet the addressed high priority activities. CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) White 0 Black or African American 0 Asian 0 CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) American Indian or American Native 0 Native Hawaiian or Other Pacific Islander 0 Total 0 Hispanic 0 Not Hispanic 0 Table 2 – Table of assistance to racial and ethnic populations by source of funds NarrativeWhile funds were allocated in 2025, no 2025 CDBG funds were expended during this period because the City of Eden Prairie was awaiting formal implementation direction from HUD to ensure compliance with applicable executive orders in effect. CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available CDBG public - federal 649,631.13 182,437.37 Table 3 - Resources Made Available Narrative $279,550.49 – Unexpended CDBG funds at end of previous program year $279,604.00 - 2025 Entitlement Grant $ 90,476.64 - 2025 Program Income $532,384.93 – Total CDBG funds available in 2025 $ 135,316.17 – Expended for Rehab Activities $0.00 – Expended for Affordable Housing $ 0.00 – Expended for Public Services $ 47,121.20 – Expended for Program Administration and Fair Housing Activities $182,437.37– Total CDBG expended during 2025 $ 467,193.76- Unexpended CDBG Balance Identify the geographic distribution and location of investments Citywide 100 100 Table 4 – Identify the geographic distribution and location of investments Narrative In previous years, all CDBG funds are distributed Citywide. Because there are no concentrations of poverty or other significant factors, all programs are available City-wide. For this reporting period, no CDBG funds were expended because the City of Eden Prairie was awaiting formal direction from HUD to ensure compliance with executive orders in effect. CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The CDBG funds that the City receives go towards leveraging other government and private funds by the subrecipients. The City does not use these funds to leverage funds that benefit the City directly. Many of the public service subrecipients who receive City of Eden Prairie CDBG funds use these funds to leverage other funds, including those from private foundations, private individual donors, as well as other City funds. PROP and Senior Community Services together leverage the following amounts: Federal Funds - $0 Local Funds - $417,840 Other Funds - $353,642 Total Leveraged Funds - $771,482 No public owned land or property located within the jurisdiction were used to address the needs identified in the plan. CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. Number of Homeless households to be provided affordable housing units 0 0 provided affordable housing units 3 0 provided affordable housing units 0 0 Total Table 5 – Number of Households Number of households supported through Rental Assistance 13 0 The Production of New Units 1 0 Rehab of Existing Units 8 7 Acquisition of Existing Units 2 0 Total 24 7 Table 6 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. For this reporting period, no CDBG funds were expended because the City of Eden Prairie was awaiting formal direction from HUD to ensure compliance with applicable executive orders in effect. Despite these obstacles, the City was able to provide down payment assistance, housing rehabilitation assistance, and rental assistance using other funding sources that the City has used in the past in conjunction with CDBG funds. The City of Eden Prairie has relied on those funding sources to continue to 3 CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) meet the needs of the community. Additionally, during 2023, the city was able to partner with WHAHLT to apply for and receive an LHIA grant from the Met Council. This grant matches the city’s investment in the acquisition of affordable land trust properties. Discuss how these outcomes will impact future annual action plans. While CDBG funds were not expended during this reporting period, the City is still committed to running our housing programs in order to support Eden Prairie residents. The City plans to be in compliance with applicable executive orders and will follow formal guidance to ensure outcomes are met. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Extremely Low-income 2 0 Low-income 2 0 Moderate-income 3 0 Table 7 – Number of Households Served Narrative Information The City of Eden Prairie is continually trying to add new affordable housing units and maintain the condition of existing units. The City works with developers as they come into the City with a new development to add affordable units. In order to maintain the housing stock, the City offers a Deferred Housing Rehabilitation loan using its CDBG funds. While the City did not expend any CDBG funds this reporting period, the loans assist those individuals whose income is at or below 80 percent of the area median income, many of whom live in the more affordable housing stock in the City, to maintain the quality of home. Eden Prairie seeks ways to make affordable housing a reality for families of low and moderate income. The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan with the City of Eden Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers offset the cost of purchasing a home by providing assistance with down payment, closing costs, and mortgage principal reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within the first 30 years. After 30 years, the loan becomes due and payable. Financial assistance is provided up to $25,000, but the current loan amount is $20,000 due to availability of funds and the number of requests for funding. The City is brainstorming ways to adjust this program for successful outcomes during a difficult housing market. CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Eden Prairie is collaborating with Onward Eden Prairie to provide housing to youth who are homeless or facing homelessness. The program offers supportive housing with supervision and case management to help young people get the education and job skills to lift them out of poverty. Move Forward, funded through the City of Eden Prairie General Fund, provides homeless teens with safe housing. Move Forward has launched a Host Home program in Eden Prairie that matches a homeless teen with a volunteer family to provide a longer term safe housing environment for the teen. The City of Eden Prairie is part of the Hennepin County Consortium and when presented with someone needing access to services to reduce or end homelessness refers them to a network of social service agencies as well as Hennepin County. The programs and resources highlighted within this objective are available to Eden Prairie residents. Hennepin County hosts robust outreach programs for the unsheltered homeless populations provided by nonprofit organizations, including extensive specialist youth outreach connected to Sexually Exploited Youth programming and other youth specific services. Outreach is provided at locations where people experiencing homelessness are known to congregate at night including parks, overpasses, abandoned structures, public transit and other places not meant for human habitation. During the day, outreach staff focus on locations where unsheltered individuals gather – encampments, free meal sites, the downtown library, and drop-in centers. Through outreach efforts, professionals are able to develop relationships with individuals, understand their service and housing preferences, utilize best practices in engagement, assess individuals for the Coordinated Entry System and support them through housing placement. The Hennepin County Streets to Housing team provides trauma-informed, housing-focused services to connect people to safe and appropriate alternatives to living outside, based on their household composition and depth of need. The team identifies unsheltered households and helps them access benefits, emergency shelter and permanent housing. In the first 18 month of operations, Streets to Housing supported 320 exits into permanent housing and 150+ exits into emergency shelter. Addressing the emergency shelter and transitional housing needs of homeless persons Eden Prairie has worked extensively with local agencies to respond to homelessness. Programs through PROP and HOMELine provide services to help with housing related emergencies, such as tenant-landlord issues and housing assistance. Move Forward, funded through the Eden Prairie general fund, provides CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) youth experiencing housing instability with safe housing. Immanual Lutheran owns a property in Eden Prairie that serves as a supportive housing program for youth seeking stable housing. PROP provided Homeless Prevention assistance using CDBG funds. The City of Eden Prairie is part of the Hennepin County Consortium and has access to Hennepin County programs and resources. Hennepin County is the primary funder of single adult, family, and youth-specific shelters in the community. At present the community provides 115 consistent family shelter rooms, with overflow provided as needed for the shelter-all commitment. The Adult Shelter Connect bed reservation system and shared HMIS allow efficient resource allocation and reduces the level of daily trauma and stress experienced by people experiencing homelessness. In response to the increases in single adult and unsheltered homelessness, Hennepin County increased the ongoing single adult shelter budget. This funded new case management services in the larger shelter, converted shelters to accommodate couples together, provided more systematic training, and established a new small-scale women-only shelter. The County then invested federal pandemic response in the single adult homeless response system in order to better meet the needs of shelter guests, to quickly connect people to housing resources and to create best practices such as 24/7 shelter, access to storage, housing focused case management and new culturally specific and low barrier shelters for Indigenous individuals. The county will continue these services as long as funding allows, always focusing on housing as the tool to end homelessness. The expansion of quantity, quality and variety of services in single adult shelter – and the expansion of family shelter to meet demand – has seen the annual cost to the County go from less than $15m to more than $40m per year for shelter and related services. Hennepin has retained some Transitional Housing, particularly for youth or households experiencing domestic violence, while others have been reshaped into Rapid Rehousing opportunities in line with HUD’s overall direction on transitional housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of Eden Prairie combats homelessness in several ways including those currently, formerly or likely to become homeless. For example, the city continues to provide funding to Onward Eden Prairie to support transitional housing for young women with a place to stay while learning life skills including living with others, preparing a resume and job hunting, and living independently. Part of their modest rent under this unique model is matched and put into escrow that can be accessed for housing or education upon leaving the home. While a small organization, Onward plans to expand dramatically under its “25 by ’25” program by which it aims to house 25 individuals by the year 2025. CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Eden Prairie also aims to stave off homelessness by providing substantial funding to HOMELine, a tenants’ rights non-profit that helps thousands of Minnesotans annually and dozens locally understand their rights and responsibilities in maintaining housing, including going through with legal processes when necessary. In 2024, Housing & Community Services worked with HOMELine to bring valuable information and resources to local property managers through its Property Managers Collaborative. Passing a Tenant Protection Ordinance is another way Eden Prairie attempts to prevent homelessness or ease the transition to another residence if continued tenancy is not possible. The Ordinance prevents evictions without just cause, and provides for three months rent payable to the tenant if they are displaced in contradiction of its requirements. Finally, the City acts to prevent potential homelessness by funding the local non-profit People Reaching Out to People (PROP). For several years now the city has invested substantially in rental assistance made available through PROP. Staff maintains close contact with PROP to stay abreast of trends in what their low and moderate-income clients are experiencing in the housing marketplace. Since many renters have fallen behind on rental payments, the City consulted PROP to help with planning the best way to use CDBG funds to prevent homelessness. High inflation and increased rental costs increased the risk of homelessness for Eden Prairie residents during 2025. The City refers residents in crisis to PROP and relies on PROP to forward their data to the City so that we can prevent homelessness before it becomes a problem. The City believes that funding PROP is a high priority in the fight against homelessness. As part of the County Consortium, Eden Prairie has access to Hennepin County’s programs and resources. Hennepin County works across Departments and with local providers and foundations to coordinate homeless prevention programs and move homeless prevention assistance upstream. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The Coordinated Entry System identifies people most appropriate for permanent supportive housing and those who can benefit from rapid rehousing or transitional housing. Priority is given to veterans who cannot be served through veteran specific resources, and then to medically fragile and chronically homeless individuals who are on the chronic by-name list. Length of time homeless is also a factor in prioritization. The family shelter system offers additional supports for families not eligible for housing interventions from CES and to families in shelter past 45 days. Case conferencing models and byname lists are now in place across all populations. System planners are working with community providers to implement better HMIS workflows for both sheltered and unsheltered settings to more accurately capture chronic data. Inflow and outflow is tracked monthly. Using this approach, Hennepin County declared the functional end of veteran homelessness in 2025. Hennepin County’s Homeless to Housing CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) team helps to house people in shelter and unsheltered settings. The Homeless to Housing team housed its 1,500th person in December 2024 with a 96% retention rate, having been in operation just over three years. We also increased shelter-based housing-focused case management to help move people to permanent housing. Finally, Hennepin continues to leverage State and Federal funding to expand housing programs, including five consecutive years of being awarded bonus programs through HUD Continuum of Care (CoC) funding and the reallocations of upwards of ~$2.5m in annually renewable CoC funds towards new housing programs for people experiencing chronic homelessness and families. The City of Eden Prairie has access to these services and refers anyone needing help to the above services and to the extent possible, follows up to ensure the proper assistance was provided. CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing Eden Prairie has seen the bulk of its population growth and building activity after the active construction years of the Public Housing program. As such Eden Prairie does not own or manage any public housing assets. It does include, however, a small number of single family publicly owned homes under the oversight and management of the Metropolitan Council’s Metro HRA under its Family Affordable Housing Program (the exact number and location of these is kept private by the HRA). In addition, Eden Prairie is home to three well-located Project-Based Section 8 complexes (two general occupancy and one senior building) totaling approximately 300 units. This collection of traditionally subsidized units forms a core for affordability in the city while new units are added through more localized financing structures. The city has also begun requiring city-subsidized multifamily developments to accept Housing Choice (Section 8) Vouchers and to treat the value of the voucher as income for qualification purposes. While the dearth of public housing facilities limits efforts to address issues in them, the City stays active in trying to preserve affordability where opportunities arise. For example, Eden Prairie was approached by Columbine Townhomes, a LIHTC-financed property that also benefited from the local CDBG program. The property was facing a backlog of repairs and repayment of the CDBG note threatened to make the issue worse. Property ownership and management were facing the prospect of potentially going market rate but first approached the city to explore potential solutions. The city worked with the owner to ensure they will continue to maintain the affordability of 100% of the units for an additional 10 years and commit to making the proposed capital improvements. The improvements include repairs and updates to the exterior, interior, and mechanical components of the townhomes. In exchange for the affordability and improvements, the city agreed to make the loan forgivable once the improvements have been made. The city has also created a Naturally Occurring Affordable Housing (NOAH) Multifamily Action Plan that articulates a vision for trying to preserve older, unsubsidized, private market housing before it may be purchased by outside entities who often want to ‘upscale’ or ‘rebrand’ the properties leaving existing tenants in the lurch. Identifying about 18 potential NOAH properties in the city. While the purchase and rebranding of multifamily Class B or C properties has slowed in the last few years, staff continue to look for funding sources from the state and area non-profits involved in NOAH preservation. The Tenant Protection Ordinance mentioned in CR-25 is seen as a relative backstop against the sometimes-harmful effects of a NOAH conversion that cannot be avoided. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City encourages low and moderate-income residents to participate in homeownership by providing a First Time Homebuyer Program that offers downpayment assistance to low and moderate-income first time homebuyers. Eden Prairie requires participants of the program to attend a HUD approved Home Stretch course or an online course through Framework. These programs provide the certification CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) necessary for applicants to be eligible for Eden Prairie homeownership programs. Actions taken to provide assistance to troubled PHAs As mentioned, the City of Eden Prairie does not have public housing hence there are no troubled PHAs. Maintaining, preserving, and adding to the City’s affordable housing stock has, however, been a priority for the city for many years. Using CDBG and “pooled TIF” funds, the housing rehabilitation program and a grant program for seniors needing certain critical repairs has allowed low and mod- income homeowners to stay in their homes, yet maintain the quality of the unit, many of which are affordable. Newly available Local Affordable Housing Aid or LAHA monies received per new state legislation are a welcome supplement for this and other affordable activities. The City also offers a Housing Improvement Area (HIA) program to assist homeowner associations in making necessary structural improvements to keep the properties viable. HIA’s are offered as “last resort” financing to homeowners’ associations who are unable to secure bank financing to pay for the improvements. HIA’s are structured to assess the amount of the loan to the individual homeowner’s property tax and repaid over a period of 15 years. Although rarely accessed, this product is one of the few viable options for common interest communities (CICs) in need of assistance. Finally, the city and developers of new housing work together to include affordable housing in their developments and to maintain the long-term affordability of these units. It does so primarily through the city’s active use of TIF and requirement for affordable housing under its Inclusionary Housing Ordinance. Under the city’s Inclusionary Housing Ordinance, if a project receives TIF assistance from Eden Prairie it must not only provide the mandatory 20% affordable to households at or below 50% of AMI but add an additional 5% at or below 80% and hold those latter units affordable in perpetuity. While this activity has slowed with rising rates, new proposals at present are smaller in scale with a wider array of typologies. In response to this new development, most notably an interest in building new townhome communities, the city is revisiting its Inclusionary Housing Ordinance to determine if adjustments need be made such that the affordability requirements do not preclude smaller scale development by making it financially infeasible, while still securing contributions to the city’s affordable stock. The ordinance’s provisions apply to both multifamily rental and for-sale properties. CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) A Housing Task Force researched various housing policies and made specific proposals to city officials on steps they might take to support the construction, rehabilitation, and preservation of affordable housing in Eden Prairie. In addition to the Inclusionary Ordinance and NOAH Action Plan, the city has adopted the recommendation of creating a flexible (both in terms of what funds can be put in it and what activities it can be used for) Affordable Housing Trust Fund, and earlier this year received a $150,000 matching grant for the fund from Minnesota Housing to be used on any number of affordable housing activities. Also, with the increase in sales tax dedicated to housing, the city expects approximately $700,000 per year in additional housing revenue to use for housing programs. In any case, these actions will help close gaps in project proformas that are due in part to costs of local regulation among other uses. Along these lines, the city’s Planning Division has been actively looking at its land use, parking and building codes to look for efficiencies and streamlining when appropriate. Particularly in the city’s transit-oriented station areas and its Major Town Center area, we look to tailor our requirements (in areas such as density waivers, reduced parking, etc.) such that they are ideal for populations respective developments will serve according to their needs, habits, and preferences. The city also looks to its municipal financial advisor, Ehlers, to ensure profit margins on properties involving city financing are appropriate and in line with industry standards and do not unduly enrich developers. In 2025, the city recieved a $50,000 grant from the Metropolitan Council to hire a consultant in support of its next comprehensive plan update. The grant funds will cover the costs of a broad and interdisciplinary study looking at current housing typologies and related zoning regulations and contemplate and evaluate opportunities for new housing types and affordable housing opportunities to serve current and future residents. Finally, the city participates in the Fair Housing Implementation Council (FHIC), a regional housing consortium that works on region-wide fair housing strategies. Funding members of the FHIC include Ramsey, Anoka, Hennepin, Carver, Dakota, Scott, and Washington counties, the cities of Bloomington, Eden Prairie, Minneapolis, Plymouth, Saint Paul, and Woodbury, and the Metropolitan Council. The primary purpose of the FHIC is to work collectively and with a regional outlook in drafting the Analysis of Impediments (AI) for which HUD grantees are responsible. This document is prepared every five years, and outlines in detail the impediments to fair housing responsible for or thought to be responsible for inequities in the regional housing market. In the time when not soliciting a consultant to help prepare the analysis, member funds are spent on projects that directly correspond to one or more identified impediments. For example, the FHIC recently funded proposals submitted by local non-profits to enhance or address two AI-identified items—supporting homeownership for households of color and ensuring equal access to housing for people that are lower-income, or that are currently homeless or at CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) risk of homelessness. Previous awards were made to host fair housing trainings for landlords and tenants, prevent evictions, and to develop a culturally relevant homebuyer education curriculum. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The city works with several non-profit agencies that coordinate aid to those in need. Some of those agencies, such as PROP and Senior Community Services, are funded with CDBG funds from the City. The city also continues to partner with the YMCA and Briarhill, the project-based Section 8 development, to offer a year-round program for youth residing in the complex. This program provides tutoring and after school activities at no cost to Briarhill residents. This program has brought an educational, fun program to over thirty youth who otherwise would not have been able to participate due to financial and transportation constraints. In 2025, the Eden Prairie Police Department (EPPD) continued to partner with Hennepin County to add a second embedded social worker within the Police Department. This role is designed to provide additional supportive services to residents and minimize law enforcement contact in instances where social support is more appropriate. Staff connected individuals with chemical health resources and interacted with the EPPD’s Mental Health Unit. The City facilitated a partnership between SCS and the Eden Prairie Fire Department to provide additional assistance to seniors in need. These seniors are identified by emergency response personnel during calls for assistance. SCS provided follow up calls to offer additional services. The HCS Somali Liaison connects vulnerable elderly Somali residents with other families that can assist them with household chores and care for their needs. Housing & Community Services has Somali and Hmong speaking staff to allow residents to express the needs of their community in their preferred language. The city contracts with Propio for translation services. The City provides employment assistance to job seekers with limited English skills and computer competencies. Staff assist with on-line job applications and resume building. The HCS Somali liaison provided unemployment and job assistance to over 1000 residents who are unemployed or under employed. The city collaborates with a local group, the Community Engagement Impact Council, which brings together local social services providers, the school district, the city, and residents to work collaboratively to build upon community strengths, to access resources, and to address community needs and gaps in services. This group is focused on building awareness of existing community resources to ensure the community is meeting the needs of all Eden Prairie residents. In 2025, the Community Services Manager was selected to join the local Eden Prairie Family Services Collaborative as a board member. This partnership allows the city to monitor and address human services needs in Eden Prairie. As part of the collaborative, the city works with several non-profits agencies and has the ability to assess critical services and gaps in services within the city. By addressing the gaps in services, the Eden Prairie Family Services Collaborative has the ability to award and fund critical services to further meet the underserved needs. CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) The City participates in the Regional Housing Preservation Work Group comprised of local city staffs, housing advocacy groups, MN Housing Finance Agency and the Met Council. The group is working on strategies to promote and preserve affordable housing, particularly in key areas threatened by gentrification such as communities along the proposed Southwest Light Rail Transit (SWLRT) line. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint testing is completed by Hennepin County. If lead hazards are found, they must be corrected, and the home must pass a clearance test before the project is considered complete. If the clearance test does not pass, the corrections and re-testing must continue until the home does pass. This process is completed following HUD regulations and guidelines. If lead is found in the home and children are present, the City will work with the county to help the family apply for county grants in order to address the lead hazards. These grants will provide for temporary housing of the family while the work is being performed as well as paying for a portion of the lead abatement work. Once the home has passed a clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer and there are not many households that participate in the housing rehabilitation program that are built prior to 1978. Since 2004, Hennepin County has taken a comprehensive approach to preventing childhood lead poisoning including community outreach and education, in-home lead education visits, lead risk assessments, lead hazard reduction, and contractor training. To date, Hennepin County has been awarded 13 HUD Office of Lead Hazard Control and Healthy Homes grants, totaling $43 million. Hennepin County was awarded a 2022 leadbased paint grant for $6.7 million to run through 2025. Since 2003, the lead grant programs have completed over 5,486 lead hazard reduction projects. Hennepin County is also administering a grant award from the Centers for Disease Control that is allowing us to increase our outreach and education especially to the most at risk populations and geographies through mini grants to community partners who already serve and are trusted in the targeted populations and geographies. These grants demonstrate Hennepin County's continued efforts to provide affordable and safe housing to its residents while working toward the goal of eliminating childhood lead poisoning. The funds may be used throughout Hennepin County Ten members of the Hennepin County Housing and Economic Development (HED) department have received the proper training and are licensed risk assessors. Single Family Rehabilitation program guidelines have been modified to incorporate requirements pertaining to the Lead Safe Housing Rule for project planning, inspection, and monitoring. The County draws from a small group of contractors who are qualified and able to perform the lead hazard reduction work properly. HED has an ongoing relationship with the County's health department to assist with the rehabilitation activities when an elevated blood (EBL) level is identified in an income eligible client in a suburban community. This partnership is expanded under our CDC grant award to offer in home risk assessment to families with children who have tested above 5 µg/dl, the current CDC reference level. CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City works to reduce the number of persons living below the poverty level in several ways. First, the City contributes 15 percent of its total annual CDBG allocation to public services. While the City did not expend CDBG funds this reporting period, the City continues to support local non-profits through other funding sources, some of which the City of Eden Prairie has utilized in the past in conjunction with CDBG funds. Some of these public services, including PROP, directly work toward reducing the number of persons living below the poverty level. Secondly, the City provides financial assistance to WHAHLT, to provide permanently affordable owner-occupied housing. The City also provides financial assistance (outside of CDBG funds) for community education programs that occur at Briarhill which is a site based Section 8 properties and provide critical programming and services aimed at helping residents become more self-sufficient. The City provides employment assistance to job seekers, including, but not limited to those with limited English skills and computer competencies. Staff assist with on-line job applications and resume building in order to help families gain stable employment and move out of poverty. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Eden Prairie works in collaboration with the school district, local faith based initiatives, and social services programs to help newly arriving immigrants navigate the “systems” such as the school system, the park & rec programs available, employment services etc. This enhanced coordination of efforts helps immigrants and people who are new to the low and moderate-income status make better choices for themselves and their families. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) Housing and Community Services (HCS) is a division of the Community Development Department of the City of Eden Prairie. Within HCS, housing staff administer the First Time Home Buyer and Housing Land Trust programs which help low and moderate-income individuals and families attain homeownership. HCS staff also administer the housing rehabilitation loan program which makes structural and energy enhancements and repairs to the homes of low and moderate-income people. The Community Services Manager and Housing and Community Services Specialist position in this Division works to establish and maintain relationships with the owners and manager of the city’s approximately 40 multifamily buildings, the Eden Prairie Multifamily Support & Resources Group meets on a regular basis and includes a community spotlight on social services and guest speakers. Fire and Police Department liaisons also participate in meetings. HCS staff work with the local emergency service providers and members of the faith community to match the needs to the resources available in the community and the region. The goals are to improve landlord / tenant relations and promote best practices in management. CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) The City provides annual grant funding to PROP, the local emergency services provider, to help people who are facing homelessness. The City works in collaboration with PROP case managers and managers of multi-family developments to locate and secure affordable units to house families and individuals at risk of homelessness. Eden Prairie Fire conducts annual health and safety inspections of multifamily units throughout the community. Fire staff manage health and safety risks that are covered by ordinance, and work collaboratively with HCS and local non profits to make referrals for issues that impact quality of living but are not within the scope of City inspection standards. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Homeownership perceived as unattainable by some households of color. The First Time Home Buyer Program and the Housing Land Trust program are opportunities for families to overcome financial barriers to homeownership. The City has worked with realtors and lenders who serve low income populations to market these programs. The HCS Somali liaison is available to assist households with limited English with the first time homebuyer application process. New state resources have become available to help first-generation homebuyers attain what their families haven’t to date, owning their own home. The state funding has been split between Mid- Minnesota CDC’s FirstGenDPA program and Minnesota Housing’s First-Generation Homebuyer program, offering up to $32,000 and $35,000, respectively. Minnesota Housing’s program uses its traditional, established lender network that the city already uses for its local first-time homebuyer efforts. Because of this close linkage, staff will be able to direct clients who have never owned a home nor have their parents to a higher assistance level, enabling the city to further leverage its own funding and assist many households attain home ownership. NIMBY-ism with regard to siting and placement of affordable housing. Generally speaking, the city uses a “scattered site” housing strategy to avoid the concentration of affordable housing developments. Increasingly, however, as opportunity sites dwindled, interest has intensified around four light rail transit stations the city will host on the Twin Cities’ Green Line. For example, Greco’s Company’s The Fox & The Grouse development is completing the leasing of its first phase (425 total units across both phases) near the Golden Triangle station, with a quarter of them affordable. Other potential opportunities also being contemplated are the former Vikings training facility and the outer reaches of Eden Prairie Center, with early plans including dense multifamily housing as a significant part of redevelopment visioning at both large sites. The city requires that developers engage affected residents about potential housing developments early in the process. The city sought and CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) received special legislation last year that will enable redevelopment at Eden Prairie Center without the typically needed “blight” designation. The mixed-use concept plans include housing as a primary component, where again, one-quarter of new units would be expected to be affordable to low- and moderate-income households. The relative success the city had in bringing new multifamily projects online since 2017 has sparked some NIMBY-ism with some residents asking ‘how much is enough?’ and raising typical concerns such as loss of property value, increased traffic, and crime. To help combat this, staff has been working with and providing data and expertise to the nascent Eden Prairie Housing Alliance, which has as its main goal increasing awareness of the importance of affordable housing for a healthy and equitable community. The Met Council grant allowed the City to hire sonsultants to complete a comprehensive housing analysis connected to the comprehensive plan update. This will help support renewed dialogues regarding housing attitudes and preferences as pertain community sentiment, inclusive of those both in favor or against increased affordable housing and housing typologies in the city. The process will allow room for positive messaging concerning the importance of and need for such options. CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements In addition to receiving reports, the City also conducts an on-site monitoring visit of each subrecipient.These on-site monitoring visits consist of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up to ensure any problems found are being resolved. In addition to on-site monitoring, the City reviews its active files quarterly to verify subrecipients are expending their funds in a timely manner. On-site monitoring is completed biannually. An on-site visit will occur in 2026 since no CDBG funds were expended during this period.. The next on- site monitoring will be conducted in the spring of 2027 during the 2026 program year since no CDBG funds were expended in 2025 because the City of Eden Prairie was awaiting formal guidance to ensure compliance with executive orders. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Eden Prairie’s Citizen Participation Plan calls for Eden Prairie’s Annual Action Plan to be available for thirty days for public comment. The City solicited public comments from February 7, 2025 – March 10, 2025. This thirty-day comment period was published in the Sun Sailor on February 6, 2025 and the goal was to solicit comments from the public regarding the 2025-2029 Consolidated Plan and the 2025 Annual Action Plan. For the 2025 program year, the Eden Prairie City Council held a public hearing on March 18, 2025, and allowed the public to comment on the proposed activities. Notice of the public hearing was published on February 6, 2025, in the Sun Sailor. Representatives from PROP, Senior Community Services and WHAHLT addressed the City Council during the Public Hearing to express their gratitude for past funding and to answer any questions the Council members may have. No citizens participated in the public hearing. The plan was made available on the City’s website and a copy of the plan was available for review at Eden Prairie City Center and Eden Prairie Library. No questions or comments were received during the thirty-day comment period. The City of Eden Prairie’s citizen participation process includes an RFP process that allows non-profit agencies to apply for CDBG funding. Through this process, the City engages with social service providers, the faith community and school district staff to learn about the needs in the community and how to best allocate public service funds in the most effective manner. CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Throughout the year, the Eden Prairie City Council attends various community events to gather feedback and input on issues facing Eden Prairie residents. During the 2025 PY, the city council and staff held town hall meetings with the senior community and the business community. Attendees asked questions of staff and elected officials about plans for the future while also sharing their personal/professional experiences within the community and ideas for future conversations and action. Attendees represented community members, corporate residents, community organizations and educational institutions. OHS staff reached out to the Community Engagement Impact Council (CEIC), PROP (local nonprofit), the Senior Center, and the Multifamily Support & Resources group for any comments. These events provided information to residents and shared available resources and opportunities as well as addressing resident’s needs and concerns. Notice of the public hearing for the CAPER was published on August 13, 2026, in the Sun Sailor. Copies of the draft CAPER were available on Eden Prairie’s website, https://www.edenprairie.org/CAPER, from August 14-August 29, 2026. Translation of the CAPER was available upon request. The Eden Prairie City council held a public hearing on September 1, 2026, to solicit public comments on the CAPER. No comments were received regarding Eden Prairie’s CAPER. After the City’s public hearing, Hennepin County held a 15 day public comment period for the Consortium’s 2025 CAPER from September 9, 2026- September 24, 2026. The county’s public hearing was held on September 22, 2026. Action Plans and CAPER reports are available to the public on the website or upon request. CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The City of Eden Prairie did not expend any CDBG funds during this period because the City of Eden Prairie was awaiting formal implementation guidance necessary to ensure compliance with applicable executive orders. While no CDBG funds were expended in 2025, the City continues to run their housing programs using additional funding that the City has used in the past in conjunction with CDBG funds. While CDBG funds were not expended, the City still prioritizes and believes that the variety of activities it offers is well balanced and serves the needs of the community. Our goals are to allow people the opportunity to remain in their homes. The Rehabilitation Loan Program, HOME program, and PROP Homeless Prevention Program met this goal. Currently, the City is exploring ways to continue to meet the needs of the community while being in compliance with applicable executive orders. CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 0 0 0 0 0 Total Labor Hours 0 Total Section 3 Worker Hours 0 Total Targeted Section 3 Worker Hours 0 Table 8 – Total Labor Hours Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0 Outreach efforts to generate job applicants who are Other Funding Targeted Workers.0 Direct, on-the job training (including apprenticeships). 0 0 Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). 0 Outreach efforts to identify and secure bids from Section 3 business concerns.0 Technical assistance to help Section 3 business concerns understand and bid on contracts.0 Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 0 Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job 0 Held one or more job fairs. 0 provide direct services or referrals. 0 Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. 0 Assisted residents with finding child care. 0 0 Assisted residents to apply for, or attend vocational/technical training. 0 Assisted residents to obtain financial literacy training and/or coaching. 0 0 Provided or connected residents with training on computer use or online technologies. 0 Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.0 Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and 0 CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Other. 0 Table 9 – Qualitative Efforts - Number of Activities by Program Narrative Eden Prairie does not have CDBG funded projects that trigger section 3 requirements. PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:1 11:54 08-13-26 Program Year 2025 EDEN PRAIRIE , MN Metrics Grantee Program Year PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 08 TOTAL AVAILABLE (SUM, LINES 01-07) PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT 33 PRIOR YEAR PROGRAM INCOME 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) EDEN PRAIRIE , MN 2,025.00 279,550.49 279,604.00 0.00 0.00 90,476.64 0.00 0.00 0.00 0.00 649,631.13 150,316.17 0.00 150,316.17 52,470.92 0.00 0.00 202,787.09 446,844.04 0.00 0.00 150,316.17 0.00 150,316.17 100.00% PY: PY: PY: 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 279,604.00 91,655.02 0.00 371,259.02 0.00% 52,470.92 0.00 0.00 0.00 52,470.92 279,604.00 90,476.64 0.00 370,080.64 14.18% PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:2 11:54 08-13-26 Program Year 2025 EDEN PRAIRIE , MN LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 No data returned for this view. This might be because the applied filter excludes all data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2024 2024 2024 2024 2024 2024 2024 2024 2024 Total 1 1 1 1 1 1 1 1 5 265 265 265 265 265 265 265 265 273 7073755 7081787 7089300 7099641 7119603 7139458 7147457 7184983 7129649 Housing Rehab 2024 Housing Rehab 2024 Housing Rehab 2024 Housing Rehab 2024 Housing Rehab 2024 Housing Rehab 2024 Housing Rehab 2024 Housing Rehab 2024 Rehab Grants 14A 14A 14A 14A 14A 14A 14A 14A 14A 14A LMH LMH LMH LMH LMH LMH LMH LMH LMH Matrix Code 14A $16,414.41 $15,000.00 $16,120.00 $8,284.05 $62,003.71 $2,129.00 $10,365.00 $15,000.00 $5,000.00 $150,316.17 $150,316.17 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 No data returned for this view. This might be because the applied filter excludes all data. LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 PlanYear IDISProject IDISActivity VoucherNumber Activity Name MatrixCode NationalObjective Drawn Amount 2024 2024 2025 2025 2025 2025 2025 2025 2025 2025 2025 Total 7 7 6 6 6 6 6 6 6 6 5 264 264 272 272 272 272 272 272 272 272 274 7073755 7081787 7089300 7099641 7119603 7129649 7139458 7147457 7161841 7180023 7161841 Program Administration 2024 Program Administration 2024 2025 Program Administration 2025 Program Administration 2025 Program Administration 2025 Program Administration 2025 Program Administration 2025 Program Administration 2025 Program Administration 2025 Program Administration Fair Housing 2025 21A 21A 21A 21A 21A 21A 21A 21A 21A 21A 21A 21D 21D Matrix Code 21A Matrix Code 21D $4,202.20 $4,202.20 $4,148.60 $6,099.60 $4,562.60 $10,415.10 $10,144.91 $3,345.99 $803.39 $2,546.33 $50,470.92 $2,000.00 $2,000.00 $52,470.92 City Council Agenda Cover Memo Date: September 1, 2026 Section: Payment of Claims Item Number: IX Department: Administration / Finance ITEM DESCRIPTION Payment of Claims REQUESTED ACTION Move to approve the payment of claims as submitted (Role Call Vote) SUMMARY Checks 320436 - 320455 Checks 5009939 - 5010276 Wire Transfers 13006 - 13041 Purchasing Card n/a ATTACHMENTS Check Summary Check Register City of Eden Prairie Council Check Summary 9/1/2026 Division Amount 000 General 1,967 314 Special Investigations 79 100 City Manager (25) 315 Economic Development 1,111 101 Legislative 319 445 Cable PEG 125 102 Legal Counsel 47,776 502 Park Development 359,845 110 City Clerk 1,225 509 CIP Fund 153,340 111 Customer Service 983 513 CIP Pavement Management 1,685,243 113 Communications 4,500 526 Transportation Fund 28,998 114 Benefits & Training 10,621 543 Police Remodel 153,128 131 Finance 336 544 Shady Oak (FCD to Valley View)818 133 Planning 7,377 Total Capital Projects Fund 2,382,686 136 Public Safety Communications 1,289 151 Park Maintenance 43,259 601 Prairie Village Liquor 73,472 153 Organized Athletics 37 602 Den Road Liquor 152,304 154 Community Center 11,805 603 Prairie View Liquor 87,906 155 Beaches 221 605 Den Road Building 3,512 156 Youth Programs 23,367 701 Water Enterprise Fund 316,332 157 Special Events 12,142 702 Wastewater Enterprise Fund 462,094 158 Senior Center 705 703 Stormwater Enterprise Fund 39,533 162 Arts 10,989 Total Enterprise Fund 1,135,153 163 Outdoor Center 633 168 Art Center 455 802 494 Commuter Services 92 180 Police Sworn 8,020 806 SAC Agency Fund 2,485 184 Fire 16,045 807 Benefits Fund 781,543 186 Inspections 423 809 Investment Fund 4,954 200 Engineering 138 812 Fleet Internal Service 284,745 201 Street Maintenance 12,150 813 IT Internal Service 29,840 202 Street Lighting 1,573 814 Facilities Capital ISF 16,289 Total General Fund 218,330 815 Facilities Operating ISF 76,760 816 Facilities City Center ISF 44,347 301 CDBG 27 817 Facilities Comm. Center ISF 59,631 303 Cemetery Operation 2,528 818 Dental Insurance 14,648 322 Local Affordable Housing Aid 22,784 820 Fencing Consortium 1,527 804 100 Year History 3 Total Internal Svc/Agency Funds 1,316,861 Total Special Revenue Fund 25,341 446 2014A G.O. Tax Abatement Bonds 135,550 448 2016A G.O. Bonds - West 70th St.7,823 Report Total 5,794,359 449 2025A GO Capital Improvement Bonds 572,616 Total Debt Service Fund 715,988 City of Eden Prairie Council Check Register 09/01/26 Amount Vendor Account Description Business Unit Comments 1,648,158 BITUMINOUS ROADWAYS INC Pavement Rehab Streets Pavement Pay Estimate 2 - Pave Rehab 778,378 U S BANK Principal and Interest Payment Debt Funds Bond Payments 08.01.26 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Sept 2026 390,247 UKG INC Payroll Taxes Health & Benefits Payroll Taxes PR Period Ending 08.07.26 291,320 PATHFINDER TRAIL BUILDING LLC OCS-Other Contracted Services Park Acquisition & Development Cedar Hills Bike Park Construction 257,725 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Period Ending 07.24.26 154,181 TRANSWEST TRUCKS Autos Fleet-Park & Rec New Vehicle Purchase - 467 112,076 BKJ LAND COMPANY OCS-Other Contracted Services Capital Maint. & Reinvestment Homeward Hills Sport Court Rehab 91,444 CORE MECHANICAL SERVICES LLC OCS-Other Contracted Services Police Remodel 82,147 MOBILE PRO SYSTEMS Machinery & Equipment Fleet-Police 62,720 TREE TRUST Landscape Materials Tree Replacement 57,562 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 46,600 HULS BROKERAGE INC Lime Residual Removal Water Treatment 36,707 REGENCY PARC, LLC Refund Stormwater 36,251 XCEL ENERGY Electric Various Funds 36,136 VOYA Deferred Compensation Health & Benefits 34,485 ANCOM COMMUNICATIONS INC OCS-Other Contracted Services Capital Maint. & Reinvestment 34,247 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 32,051 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 30,420 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 30,095 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 29,637 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 28,359 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund 27,604 EXCEL LAWN & LANDSCAPE OCS-Lawn Maintenance City Center-CAM 22,809 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 22,703 J ROBERT ROOFING OCS-Other Contracted Services Local Affordable Housing Aid 22,356 WEIDNER PLUMBING & HEATING CO OCS-Other Contracted Services Police Remodel 21,739 XCEL ENERGY Electric Various Funds 21,386 ALTERNATIVE BUSINESS FURNITURE INC OCS-Other Contracted Services Police Remodel 20,976 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 20,735 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 20,693 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits 19,881 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police 19,321 WEX Health Savings Account Health & Benefits 19,179 HAWKINS INC Chemicals Water Treatment 18,581 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 18,024 WATERFRONT RESTORATION LLC OCS-Other Contracted Services Stormwater-Non-Capital 17,253 GRAYMONT Chemicals Water Treatment 17,184 GRAYMONT Chemicals Water Treatment 16,293 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 15,485 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 15,000 EXCEL LAWN & LANDSCAPE OCS-Other Contracted Services Facilities Capital 14,847 CENTERPOINT ENERGY Gas General Community Center 14,370 UKG INC MN Paid Medical/Leave Liability Health & Benefits 14,224 BADGER METER Telephone Water Metering 13,755 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 13,264 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 12,493 PREMIER LAKE HARVESTING LLC OCS-Other Contracted Services Stormwater Non-Capital 12,184 ADVANCED ENGINEERING & ENVIROMENTAL SERV Design & Engineering Wastewater Capital 11,540 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Sept 2026 10,498 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Health & Benefits 10,474 TRAFERA LLC Computers Water Capital 10,260 FAHRNER ASPHALT SEALERS Surface Seal Streets Pavement 10,194 HAWKINS INC Chemicals Water Treatment 10,079 HEALTHPARTNERS Dental Insurance Health & Benefits 9,826 SSI ABS-2025-1 PROJECT HOLDINGS LLC 9,610 PRECISION UTILITIES 9,000 DETAILS & DIXONS HOME SERVICES 8,400 ST CROIX ENVIRONMENTAL INC 8,053 SUPERIOR TURF SERVICES 8,015 HINTERLAND CSG LLC 7,377 STANTEC CONSULTING SERVICES INC 7,369 BREAKTHRU BEVERAGE MN WINE & SPIRITS 7,362 REVOLUTIONARY SPORTS, LLC 7,280 ADVANTAGE PROPERTY MAINTENANCE INC 7,270 2N SYSTEMS LLC 7,107 SOBANIA COMMUNITY SOLAR 6,925 INDIGO SIGNWORKS, INC. 6,625 HORIZON COMMERCIAL POOL SUPPLY 6,582 XCEL ENERGY 6,563 REVOLUTIONARY SPORTS, LLC 6,389 SSI ABS-2025-1 PROJECT HOLDINGS LLC 6,020 GREAT LAKES COCA-COLA DISTRIBUTION 5,902 ARTISAN BEER COMPANY 5,542 METROPOLITAN STATE UNIVERSITY 5,531 LAW ENFORCEMENT LABOR SERVICES INC. 5,482 HOHENSTEINS INC 5,359 HAMBURG BUILDERS GROUP LLC 5,126 ETHANOL PRODUCTS LLC 5,027 SITEONE LANDSCAPE SUPPLY, LLC 5,000 CONSERVATION CORPS MINNESOTA & IOWA 4,984 CEMSTONE PRODUCTS COMPANY 4,954 PFM ASSET MANAGEMENT LLC 4,884 INDIGO SIGNWORKS, INC. 4,861 ARTISAN BEER COMPANY 4,800 MIDWEST GROUNDCOVER 4,800 MADISON NATIONAL LIFE INSURANCE CO INC 4,650 FUN ENGINEERZ LLC 4,593 DUNHAM ASSOCIATES 4,586 CEMSTONE PRODUCTS COMPANY 4,569 HEALTHPARTNERS 4,500 GRANICUS LLC 4,487 MARTIN MARIETTA MATERIALS 4,430 DAKOTA SUPPLY GROUP INC 4,308 WEX 4,294 RIDGEWATER COLLEGE 4,222 FERGUSON ENTERPRISES LLC #2518 4,087 SYMETRA LIFE INSURANCE COMPANY 4,066 EARL F ANDERSON 4,055 GUARDIAN FLEET SAFETY LLC 4,032 VERIZON WIRELESS 3,791 UKG INC 3,694 BREAKTHRU BEVERAGE MN WINE & SPIRITS 3,619 BRYAN ROCK PRODUCTS INC 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Sept 2026 3,557 KRISS PREMIUM PRODUCTS INC 3,514 XIGENT SOLUTIONS LLC 3,512 INVOICE CLOUD INC 3,503 HOHENSTEINS INC 3,493 WEX 3,484 PHILLIPS WINE AND SPIRITS INC 3,438 MARTIN MARIETTA MATERIALS 3,425 IMPACT PROVEN SOLUTIONS 3,333 LOCKRIDGE GRINDAL NAUEN PLLP 3,300 BLUEBEAM INC 3,168 BRYAN ROCK PRODUCTS INC 3,162 WM CORPORATE SERVICES INC 3,075 SHOOTING STAR NATIVE SEEDS INC 3,016 RIVERS EDGE CONCRETE 3,007 METRO SALES INCORPORATED* 2,990 JOHN HENRY FOSTER MINNESOTA INC 2,983 XCEL ENERGY 2,923 OXFORD STREET MERCHANTS 2,820 BELLBOY CORPORATION 2,771 HANSON SPORTS LLC 2,764 FIRE SAFETY USA INC 2,730 TOM KRAEMER INC 2,712 WEX 2,651 BELLBOY CORPORATION 2,642 PAUSTIS & SONS COMPANY 2,538 XCEL ENERGY 2,512 HENNEPIN COUNTY TREASURER 2,460 METROPOLITAN COUNCIL 2,434 CLEAR RIVER BEVERAGE CO 2,399 BORDER STATES ELECTRIC SUPPLY 2,386 ASPEN MILLS 2,386 BCM ONE 2,358 SYSCO WESTERN MINNESOTA 2,353 EDGE ECOSYSTEMS LLC 2,284 RIVERS EDGE CONCRETE 2,282 WINE COMPANY, THE 2,282 SSI ABS-2025-1 PROJECT HOLDINGS LLC 2,256 BARNUM GATE SERVICES INC 2,250 DIETHELM, TAMMY L 2,173 GRAINGER 2,149 MENARDS 2,065 ASSURED SECURITY 2,000 LEROY WENZEL 1,950 PDCM/DDP 1,950 CLEAR RIVER BEVERAGE CO 1,946 PAUSTIS & SONS COMPANY 1,941 GENUINE PARTS COMPANY 1,903 MACQUEEN EQUIPMENT INC 1,860 GYM WORKS 1,839 CENTERPOINT ENERGY 1,825 CORE & MAIN 1,744 TRANSPORT GRAPHICS 1,735 XCEL ENERGY 1,720 EDEN PRAIRIE COMMUNITY EDUCATION 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Sept 2026 1,701 CINTAS CORPORATION 1,620 FERGUSON ENTERPRISES LLC 1,538 GUNNAR ELECTRIC CO INC 1,527 BURNSVILLE, CITY OF 1,524 LYNDALE PLANT SERVICES 1,514 MEGA BEER 1,500 ADRIANA WHEATON 1,500 DAN ISRAEL 1,490 PAFFY'S PEST CONTROL 1,460 MODIST BREWING COMPANY 1,456 IDC AUTOMATIC LLC 1,446 GOPHER STATE ONE-CALL 1,412 WEX 1,407 AMERICAN RED CROSS 1,387 ULINE 1,366 BERGMAN LEDGE LLC 1,337 ASSURED SECURITY 1,322 OXFORD STREET MERCHANTS 1,314 IDEAL SERVICE INC 1,296 METRO ELEVATOR 1,290 DOMACE VINO LLC 1,289 TRUE NORTH CONSULTING GROUP 1,285 SHADYWOOD TREE EXPERTS 1,275 SPORTS UNLIMITED 1,258 THE DISRUPTIVE ELEMENT LLC 1,250 FAT PANTS BREWING CO LLC 1,250 MINNESOTA NATIVE LANDSCAPES 1,246 MARCO INC 1,220 SITEONE LANDSCAPE SUPPLY, LLC 1,215 ROBERT SCHEIN 1,151 BOUND TREE MEDICAL LLC 1,141 FORKLIFTS OF MINNESOTA INC 1,125 WEX 1,121 BARR ENGINEERING COMPANY 1,116 GOKE LIZ 1,111 SUMMIT FIRE PROTECTION 1,101 UKG INC 1,100 BECKER ARENA PRODUCTS INC 1,077 VAN PAPER COMPANY 1,067 WEX 1,066 INTERSTATE POWER SYSTEMS INC 1,051 TJ3 LLC 1,031 INSIGHT BREWING COMPANY LLC 1,021 DREW'S CONCESSIONS LLC 1,007 WINEBOW 1,000 KASHIMANA AHUA 983 XCEL ENERGY 980 BITTY KITTY BRIGADE 939 BARREL THEORY BEER COMPANY 938 ASCAP 917 FERGUSON ENTERPRISES LLC #2518 910 VINOCOPIA 907 BROTHERS FIRE PROTECTION 897 BY THE YARD 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Sept 2026 857 ASPEN MILLS 833 LEXISNEXIS RISK SOLUTIONS FL INC 815 GARTNER REFRIGERATION & MFG INC 808 GLOBAL RESERVE LLC 800 AINSWORKS LLC DBA THE C NOTES 795 PETERSON COUNSELING AND CONSULTING LLC 776 COLLINS BROTHERS TOWING 760 VESSCO INC 750 AMERICAN ENVIRONMENTAL LLC 741 ASPEN WASTE SYSTEMS INC. 722 VINOCOPIA 717 JOHN HENRY FOSTER MINNESOTA INC 706 MINNESOTA DEPT OF REVENUE 700 KIMBERLY MILLER 700 HEALTHPARTNERS OCCUPATIONAL MEDICINE 690 MUEHLBAUER, THOMAS G 685 COUNTY MATERIALS CORPORATION 684 GLOBAL RESERVE LLC 675 DATAWORKS PLUS LLC 659 UDOR USA 622 WEX 618 MARCO INC 617 CDW GOVERNMENT INC. 613 STAPLES ADVANTAGE 613 WATER CONSERVATION SERVICES INC 599 MODERN OFFICE 557 XCEL ENERGY 548 VESTIS SERVICES LLC 542 FACTORY MOTOR PARTS COMPANY 533 AIRGAS USA LLC 523 IRMITER, JESSE 523 NAUMANN, ANDREW 516 WAYNE JORGENSON 511 MENARDS 508 SOCIABLE CIDER WERKS LLC 491 HENNEPIN COUNTY TREASURER 486 WATER CONSERVATION SERVICES INC 476 VERIZON WIRELESS 466 CARLSTON, BRANDON 462 SHAMROCK GROUP, INC - ACE ICE 455 MINNESOTA CLAY CO. USA 445 INVOICE CLOUD INC 437 RED BULL DISTRIBUTING COMPANY INC 436 ST CROIX LINEN LLC 426 LANO EQUIPMENT INC 425 MATTHEW CHARLES SILVERBERG 425 TALEWISE LLC 406 STEEL TOE BREWING LLC 395 MAVERICK WINE LLC 389 URBINA, JAIME 386 CEF EP COMMUNITY SOLAR LLC 385 WEX 383 JUNKYARD BREWING COMPANY LLC 373 PRYES BREWING COMPANY 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Sept 2026 364 INTERTECH INC 364 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC 360 UNMAPPED BREWING CO 350 JOHN KERNS MUSIC 350 PITNEY BOWES 349 ACME TOOLS 348 US BANK - PAYMODE 341 MICHAEL MILKOVICH 340 INNOVATIVE GRAPHICS 336 ARBEITER BREWING COMPANY LLC 327 QUALITY PROPANE 327 HANSON SPORTS LLC 326 COREMARK METALS 325 BOURGET IMPORTS 324 ECM PUBLISHERS INC 323 MODIST BREWING COMPANY 319 TIMESAVER OFF SITE SECRETARIAL INC 303 UNITED REFRIGERATION 301 BOURGET IMPORTS 300 NOTHING BUT HEMP 300 JOSEPH SCHAUMANN 300 NOLEN SELLWOOD 300 WEX 298 TRAFERA LLC 296 WEX 294 WEX 292 VENN BREWING COMPANY 280 SHAMROCK GROUP, INC - ACE ICE 274 VESTIS SERVICES LLC 274 BERRY COFFEE COMPANY 262 STEEL TOE BREWING LLC 260 PRAIRIE ELECTRIC COMPANY 242 OPTUM HEALTH 225 TWIN CITY MONUMENT CO 222 SCOTT GORDHAMER 217 WEX 216 XCEL ENERGY 212 DANGEROUS MAN BREWING 210 CDW GOVERNMENT INC. 208 VANCO SERVICES 207 JUNKYARD BREWING COMPANY LLC 200 SCOTT COUNTY SHERIFF'S OFFICE 200 BACK CHANNEL BREWING COLLECTIVE LLC 182 MAVERICK WINE LLC 180 DANGEROUS MAN BREWING 179 GRAINGER 177 CINTAS CORPORATION #470 167 STANDARD SPRING PARTS 166 ADAMS PEST CONTROL INC 162 FASTENAL COMPANY 158 JOSEPH AHLSTROM 155 WEX 155 LIBATION PROJECT 155 AM CRAFT SPIRITS SALES & MARKETING 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Sept 2026 147 BATTERIES PLUS BULBS #1248 145 MINNESOTA DEPT OF LABOR AND INDUSTRY 142 PROP - PR 141 DAXKO LLC 141 KELE INC 140 MINNESOTA EQUIPMENT 138 ELLIS, ROBERT 131 XCEL ENERGY 131 DAVE SHEPARD 130 SHRED RIGHT 125 EDINA, CITY OF 125 KELLY HENDERSON 120 PRESNELL LAURA 107 NEW FRANCE WINE COMPANY 104 CUSTOM HOSE TECH 102 I-STATE TRUCK CENTER 97 WEX 94 TWIN CITY SEED CO 92 PAYCHEX 92 BETSY AUNE 90 BOARD OF WATER & SOIL RESOURCES 85 ARCPOINT LABS OF EDINA 84 MSC INDUSTRIAL SUPPLY CO INC 83 CROWLEY MAGGIE 78 DANIKA GADIENT 72 WEX 71 MTI DISTRIBUTING INC 70 MPX GROUP, THE 70 CHARLES FOLKS 68 ALLISON SCHUESSLER 59 BOHNSACK, SUE 59 NCR PAYMENT SOLUTIONS,PA, LLC 59 NCR PAYMENT SOLUTIONS,PA, LLC 59 NCR PAYMENT SOLUTIONS,PA, LLC 54 XCEL ENERGY 53 XCEL ENERGY 51 AM CRAFT SPIRITS SALES & MARKETING 51 INBOUND BREW CO 49 I-STATE TRUCK CENTER 47 MADDEN, GALANTER, HANSEN PLLC 46 FACTORY MOTOR PARTS COMPANY 44 ROCKEY, JOSH 39 FLEETPRIDE INC 37 MADDIE MEYER 33 REGENTS OF THE UNIVERSITY OF MINNESOTA 30 VERIZON WIRELESS 29 REMMES NICHOLAS 28 ROBERT WEBSTER 25 BPAS 25 CHC CREATING HEALTHIER COMMUNITIES 25 EDEN PRAIRIE CRIME PREVENTION FUND 25 MINNESOTA VALLEY ELECTRIC COOPERATIVE 24 MINNESOTA DEPARTMENT OF PUBLIC SAFETY 23 SPOK, INC. 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Sept 2026 20 DIRECTOR OF LICENSING-NOTARY COMMISSION 17 XCEL ENERGY 17 XCEL ENERGY 16 CASEY CREGG 11 MTI DISTRIBUTING INC 10 EDEN PRAIRIE FOUNDATION 10 EDEN PRAIRIE LOCAL NEWS 5,794,359 Report Total City Council Agenda Cover Memo Date: Section: Item Number: Department: ITEM DESCRIPTION Resolution certifying the proposed 2027 property tax levy, accepting the proposed 2027 budget, setting the date for public hearing, and consenting and approving the HRA tax levy REQUESTED ACTION Move to adopt the resolution that: • Certifies the proposed 2027 property tax levy to be $54,381,193; and • Sets December 1, 2026 at 7:00 pm, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2027 budget of $70,165,770; and • Consents and approves the HRA tax levy of $240,000. SUMMARY Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2026. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. ATTACHMENTS Resolution Tax Levy Exhibit 2027 Proposed Budget Report City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION ADOPTING THE CITY’S PROPOSED 2027 PROPERTY TAX LEVIES, ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX- SUPPORTED OBLIGATIONS FOR 2027, AND CONSENTING AND APPROVING THE 2027 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager’s recommended 2027 budget and tax levies; and WHEREAS, the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2027 budget. Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 2). The proposed total Levy may not be exceeded when the City Council sets the ﬁnal tax levy for 2027. Taxes to be Levied Against Tax Capacity General Fund 51,483,588$ Bonds and Interest 2021A Tax Abatement Bonds - 2025A Capital Improvement Bonds 1,997,605 Tax Capacity Levy for Certification 53,481,193 Less Fiscal Disparities Distribution 2,810,401 Net Tax Collectible 50,670,792 Tax Abatement 900,000 Total Net Tax Collectible 51,570,792$ 2. Accepts the 2027 proposed levy of $54,381,193 and proposed budget totaling $70,165,770 at this time. 3. Consents and approves the 2027 HRA tax levy of $240,000. ADOPTED by the City Council of the City of Eden Prairie this ﬁrst day of September, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIESLEVIED YEAR 2026, COLLECTED YEAR 2027EXHIBIT 2 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual LevyOUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2026/2027 2026/2027 G.O. Tax Abatement Bonds 2021A 12/08/21 $11,940,000 $1,092,105 $900,000 G.O. Capital Improvement Bonds 2025A 03/12/25 $24,760,000 $1,997,605 $1,997,605 GRAND TOTAL $3,089,710 $2,897,605 City of Eden Prairie 09/01/2026 CITY COUNCIL PRESENTATION 2027 PROPOSED BUDGET 1 TABLE OF CONTENTS Table of Contents ....................................................................................................................................... 1 Budget Overview ........................................................................................................................................ 2 City Survey ................................................................................................................................................... 4 Tax Base ....................................................................................................................................................... 5 Tax Levy and Budget .................................................................................................................................. 6 Debt Levy ..................................................................................................................................................... 7 Capital Levy ................................................................................................................................................ 7 General Fund Revenue Budget ................................................................................................................ 8 General Fund Expenditure Budget ......................................................................................................... 10 Housing and Redevelopment Authority (HRA) ..................................................................................... 14 Conclusion ................................................................................................................................................. 15 2 BUDGET OVERVIEW The 2027 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise to the community to fulfill the mission and vision of Eden Prairie and continue making Eden Prairie a great place to live, work and dream. The City Council’s 2027 budget objectives include the following: Achieve City Goals • Community Well-being & Safety • High Quality Efficient Services • Preserved & Beautiful Environment • Sense of Community • Innovative & Sustainable Practices • Economic Vitality Provide Value to Citizens • Maintain High Quality City Services • Reasonable Tax Impacts Maintain Strong Financial Position and Bond Rating • Approve a Balanced Budget • Maintain Fund Balance Policies • Conservative Estimates of Revenues and Expenditures • Review fees and charges annually, at a minimum adjust for inflation • Comprehensive and Long-Range Capital Planning Sustain Current Levels of Employee Morale and Engagement • Provide pay and benefits that are competitive and consistent with public and private sector trends • Provide diverse, enriched training, professional development and wellness initiatives to build the skills of future leaders 3 The City Council is emphasizing the following areas to achieve City Goals for this budget cycle: o Community Development  Update to comprehensive plan based on revised growth projections and Met Council requirements  Housing Policies and Programs o Police  Maintain staffing, enhance recruitment and training o Fire  Hiring of full-time fire fighters based on the Standard of Cover Study conducted in 2024 o City-Wide  Enhanced community events and increased community engagement  Investments in Facility maintenance  Investments in Technology These goals and the related costs are interwoven in various sections of the budget. Many times the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in February with a review of City Council goals and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: Internal Budget Process for the 2026/2027 budget • 2025 – Complete City-Wide work plans • March/April 2025 - Internal service fund budgets prepared by managers • April 17 2025 - Budget kick-off meeting for the 2026/2027 budget • May 23 2025 - Staff budget preparation work due • May/June 2025 - Departmental budget meetings held • City Manager, Directors, and Finance prepare for City Council Workshop Council Process 2025 • February 18 – City Council Discussion on Priorities • April 15 – City Council Workshop on the Community Survey • May 6 – City Council Workshop o Council accepts 2024 financial results 4 • July 15 - City Council Budget Workshop • September 2 - Council adopts a preliminary tax levy and budget • November 18 – City Council Workshop on Enterprise Funds • December 2 - Public Meeting and Council adopts final tax levy and budget 2026 • May 5 – City Council Workshop o Council accepts 2025 financial results • July 14 – City Council Workshop on 2027 budget CITY SURVEY The 2024 Quality of Life Survey provided residents with the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality-of-service delivery and overall workings of local government. The survey also permitted residents to provide feedback to the government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings • Eden Prairie’s quality of life is exceptional, with 90% of respondents rating their overall quality of life as excellent or good, which places Eden Prairie’s quality of life rating higher than regional and national benchmark communities. • Eden Prairie is safe, with 93% positively evaluating their overall feeling of safety, while also ranking police services third among cities surveyed in the nation and first among cities surveyed in Minnesota. • The overall economic health of Eden Prairie is strong and it's a great place to work and conduct business, with residents ranking Eden Prairie higher than local and national benchmark communities. • City services are highly rated; many ratings outpaced benchmark communities and the overall quality of City services ranked second among all Minnesota cities surveyed. • The quality of Eden Prairie’s natural environment ranks first among all community characteristics rated in the survey, with 92% of residents rating it as excellent or good. 5 • Residents are engaged, with the City’s website ranking second behind “word-of-mouth” as a preferred source for local government information, followed by the City's quarterly newsletter, Life in the Prairie. • Traffic speeding topped the list of safety issues in the community, with 39% of residents indicating it as a moderate to extreme problem, followed by neighborhood stop sign violations at 24%. TAX BASE The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. Below is a history of the City’s market value of all residential and commercial properties. The current estimated market value for taxes payable in 2027 is a market value increase to $14.9 billion, which is a 1.8% increase over 2026. The table below shows the history of adjusted net tax capacity, certified tax levy and the City tax rate since 2022. 6 Below summarizes the for residential, apartment, and commercial properties based on current information from the County. TAX LEVY AND BUDGET Below summarizes the proposed total tax levy and budget. Percent Property Type 2025/2026 2026/2027 Difference Change Residential ($587,300)1,870$ 1,967$ 97$ 5.19% Apartment ($18M)76,664$ 74,447$ (2,217)$ (2.89%) Commercial ($4M)15,518$ 15,284$ (234)$ (1.51%) 2026 2027 Percent Fund Adopted Proposed Difference Change General Fund 49,949,571$ 51,483,588$ 1,534,017$ 3.1% Capital Improvement Fund - - - 0.0% Debt 2,895,243 2,897,605 2,362 0.1% Sub-total 52,844,814 54,381,193 1,536,379 2.9% Less Fiscal Disparity Distribution (2,725,032) (2,810,401) (85,369) 3.1% Total Levy 50,119,782$ 51,570,792$ 1,451,010$ 2.9% 7 Budget DEBT LEVY For 2027, debt payments supported by the tax levy are projected to remain 4% to 5% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their highest rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s large, growing suburbs, strong management and robust financial position with modest leverage. For 2027, the total debt levy is $2,897,605. The City currently has two bonds that are supported by the debt levy. These include the Aquatics expansion at the Community Center and the newly issued debt for the Police remodel. Below summarizes the detail of the 2027 debt levy. CAPITAL LEVY The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks – parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance 2026 2027 Percent Fund Adopted Proposed Difference Change General Fund $63,951,818 $67,268,165 $3,316,347 5.2% Debt 2,895,243 2,897,605 2,362 0.1% Capital Levy - - - 0.0% Total City Budget $66,847,061 $70,165,770 $3,318,709 5.0% 2026 2027 Percent Debt Levy Adopted Proposed Difference Change 2021 Refunded Tax Abatement (Aquatics)900,000$ 900,000$ -$ 0.0% 2025A Capital Improv. Bonds (Police Remodel)1,995,243 1,997,605 2,362 0.1% Total 2,895,243$ 2,897,605$ 2,362$ 0.1% 8 policy have been transferred to the CIMF. Based on positive operating results over the past few years, the City did not levy an amount in 2026 and does not anticipate levying an amount in 2027. In previous years, the levy amount has been $400,000 annually. GENERAL FUND REVENUE BUDGET Below summarizes the 2027 proposed General Fund Revenue Budget. Property tax revenue is the single largest source of revenue, and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 75% of the General Fund budget. The tax levy in the proposed budget is increasing 2.9% in 2027. is the second largest revenue source and accounts for 10.1% of the General Fund Budget. Charges for services are increasing $255,352 or 3.9% in 2027. The increase is due to continued increase in memberships and also a membership fee increase. is the third largest revenue source to the General Fund and accounts for 7.2% of the General Fund revenues. Licenses and permits are increasing $497,837 or 11.5% for 2027. Significant items to note include the following: Building permit and fees revenue for 2027 is budgeted to increase to $3,256,700 which is $500,000 or 18.1% more than 2026. Building permit fees were not increased for 2027 but we were able to increase the budget due to conservative budgeting in the past. The below history shows actual amounts to 2025 and then budgeted amounts to 2027. 2026 2027 Percent Adopted Proposed Difference Change Taxes 48,990,580$ 50,493,916$ 1,503,336$ 3.1% Licenses and Permits 4,332,913 4,830,750 497,837 11.5% Intergovernmental Revenue 2,583,221 3,234,534 651,313 25.2% Charges for Services 6,535,807 6,791,159 255,352 3.9% Fines and Forfeits 425,000 425,000 - 0.0% Investment Income 372,600 750,000 377,400 101.3% Other Revenue 203,625 207,375 3,750 1.8% Transfer In 508,072 535,431 27,359 5.4% 63,951,818$ 67,268,165$ 3,316,347$ 5.2% 9 sources includes Federal and State grants, State aid, School Liaison, and other local grants. For 2027, IGR is increasing to $3,234,534 which is an increase of $651,313 or 25.2%. The increase is primarily due to the SAFER grant the City was awarded in 2025. IGR revenue also includes the School District’s share of the cost of the School Resource Officer’s (SRO) wages and benefits. These costs are split 50/50 with the city, which is consistent with our surrounding peers. Currently, there are 4.5 SROs for the 2026-2027 school year. Below is a history of the IGR revenue (without COVID money in 2020-2022). The below history shows actual amounts to 2025 and then budgeted amounts to 2027. $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Building Permits & Fees Budget vs Actual Full Year Budget 10 Other revenues that the General Fund receives consists of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make-up 2.9% of General Fund Revenues. GENERAL FUND EXPENDITURE BUDGET Expenditures are proposed to increase 5.2% in 2027. The following graph shows budget changes by category: Since the City provides significant services to the community, wages and benefits make up 69.9% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, and electricity. These items make up another 18.2% of the budget. All other items make up 11.9% of the budget. 2026 2027 Percent Adopted Proposed Difference Change Administration 5,695,142$ 5,825,364$ 130,222$ 2.3% Community Development 2,868,833 2,890,088 21,255 0.7% Police 22,737,116 23,706,415 969,299 4.3% Fire 8,983,722 10,296,301 1,312,579 14.6% Public Works 6,845,421 7,272,243 426,822 6.2% Parks and Recreation 16,739,970 17,196,140 456,170 2.7% Debt Service 81,614 81,614 - 0.0% 63,951,818 67,268,165 3,316,347 5.2% 11 The chart below illustrates the budget by category. Below provides information on the significant items in the budget. With a staff of 251 full-time employees in the general and internal service funds, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are projected to increase by 9.1% in 2027. This increase includes a 3% base wage adjustment, contractual step increases, and the addition of eight firefighters funded through the SAFER grant. While staff turnover typically creates salary savings because new employees are often hired at lower starting wages, those savings diminish over time as employees progress through step increases and performance-based pay until they reach the target rate for their positions. In 2025, the City was awarded a $2.2 million SAFER grant, with a required City match of $1.4 million, covering the period from March 23, 2026, through March 22, 2029. The grant will fund 75% of wages and benefits for the eight firefighters during the first two years and 35% during the final year. Wages part-time are decreasing $50,915 or 1.6% in 2027. For 2027, the election budget decreased as it is a non-election year. The 2027 budget also includes an increase of $15,000 in part time wages for a summer intern in the Planning department. 12 Duty Crew Duty Crew wages for 2027 are $1,263,522 which is $36,802 or 3% more than 2026. Duty Crew firefighters continue to provide excellent service to our City. However, there continues to be a gap in hours that our Duty Crew firefighters are able to cover in order to maintain high quality services. All Duty Crew firefighters have other full-time or part-time jobs, and their time availability has changed in recent years. In 2024 a Standard of Cover Study was conducted. The study provided an evaluation of the fire department service delivery and also provided recommendations on what is needed to maintain high quality service delivery today and in future years. The study also evaluated current service delivery, fire station locations, changing city demographics, all-hazard response needs, and changing city operations/services. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2025, membership includes 94 active participants, 104 retirees and beneficiaries currently receiving benefits, and 19 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. An updated actuarial was completed for 2026 and 2027 which resulted in a required contribution (City and State) of $413,280. It is estimated that the City will receive $700,000 of Fire Relief Pension Aid from the State, which offsets the required contribution. The City pays public employees’ retirement (PERA) benefits for all eligible employees. Generally all full-time employees and part-time employees, who earn more than $425 in a single month, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2027. The City also pays 7.65% of the salary for FICA except for police and fire where the percentage is 1.45%. The City budgeted $5,116,565 in 2027. 13 Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure health insurance. State law requires that the City issue an RFP every five years. In 2025, the city Council approved a two-year health insurance contract with HealthPartners for 2026 and 2027. For 2027 the rate cap was set at 16.5%. For 2027, the budget is $4,081,492 which is an increase of $354,785 or 9.5%. The City was able to use $500,000 of fund balance from the Health and Benefits fund to help offset the 16.5% premium increase. The workers compensation user charge is decreasing from $987,150 in 2026 to $733,118 in 2027. This is a reduction of $254,032 or 25.7%. For the years 2020-2024 premiums have increased on average 17%. Rates are finally starting to come back down and on average have decreased by 13%. Our current experience modifiation is .75 and has ranged from .55 to 1.06 since 2014. When the EMR is lower, our workers compensation costs are less due to positive experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. Beginning January 1, 2026 the PFML program will provide job-protected, partial wage replacement to eligible employees who need time off for certain qualifying events. The program is funded by a .88% contribution split 50/50 between the employer and employee. The City’s portion is $139,797 for 2027. The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charge back to the internal users for these services. Facility user charges are increasing from $7,149,009 in 2026 to $7,415,146 in 2027, which is an increase of $266,137, or 3.7%. The increase is due mainly to wages and benefits. The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including: 14 • General PC/Phone Systems Support; • Network Wellness (Network Hardware/Servers/Enterprise Applications); • Application Analysis, Implementation and Support and; • Technology Analysis, Recommendation and Implementation. The Information Technology Division manages approximately 100 different software applications and 625 devices (desktops, laptops, iPads). IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $3,548,658 in 2026 to $3,595,131 in 2027 an 1.3% increase. For 2027, two GIS employees were moved from Information Technology to the Engineering department. Fleet services provide and maintain a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 270 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing from $3,137,887 in 2026 to $3,298,454 in 2027 a 5.1% increase. HOUSING AND REDEVELOPMENT AUTHORITY (HRA) In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources on the following: • to provide a sufficient supply of adequate, safe, and sanitary dwellings to protect the health, safety, morals, and welfare of the citizens of this state; • to perform those duties according to comprehensive plans; • to remedy the shortage of housing for low- and moderate-income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. The Housing and Redevelopment Authorities (HRA) can levy a tax of up to .0185 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $2.7M. In 2006, the Council approved the HRA levy for the first time. For 2027 the HRA levy is $240,000. 15 The HRA levy pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administratin of Rental Housing Licensing. Wages and benefits total $245,000 for 2027. Other City resources for housing that the City anticipates collecting in 2025 are: • Tax Increment Financing, $3,600,000 • Community Development Block Grant, $250,000 to $300,000 • Local Affordable Housing Aid, $760,000 CONCLUSION This document is intended to provide information on the proposed 2027 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas.