HomeMy WebLinkAboutCCWkspAgenda 2-5-14Falcon Heights City Council Workshop
City Hall
2077 W Larpenteur Ave.
6:30 p.m.
AGENDA
Wednesday, February 5, 2014
1) Recreation Budget Review
2) Continued Discussion with Minnesota Community
Solar on a Possible Solar Panel Array at City Hall
(continued discussion from August 2013 Council
Workshop)
3) Rental License Discussion
4) At the Request of Mayor Lindstrom-Discussion on a
Step Increase for City Administrator
If you have a disability and need accommodation in order to attend
this meeting, please notify City Hall 48 hours in advance between the
hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to
help.
Council Workshop Staff Report
The City That Soars!
Meeting Date February 5, 2014
Agenda Item Workshop 2
Attachment DRAFT-Community Solar Letter of
Intent Documents
Submitted By Bart Fischer, City Administrator
Item Continued discussion with Minnesota Community Solar on a possible solar panel
array at City Hall (continued discussion from August 2013 Council Workshop).
Description
At the August 2013 Workshop, Council heard a presentation regarding the
possibility of the City hosting a community solar array on the front lawn of City
Hall. Minnesota Community Solar would like to continue that discussion and
provided the draft lease documents.
The City Attorney had reviewed the Letter of Intent. A copy of the LOI with his
recommendations is attached for review and discussion. Once the Letter of Intent
has been decided on, the draft lease can be reviewed and discussed.
Budget Impact N/A
Attachment(s) DRAFT-Community Solar Letter of Intent Documents
Action(s)
Requested
Discussion
Families, Fields and Fair
__________________________
MN Community Solar LLC
4000 Minnehaha Ave
Minneapolis, MN 55406
Office 612.345.7188 Fax 612.886.1404
www.mncommunitysolar.com
January, 2014
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113-5594
(651)-792-7600
Re: Letter of Intent, Community Solar Project;
Dear Bart Fischer,
Falcon Heights (“The City”) owns property at 2077 West Larpenteur Avenue,
Falcon Heights, MN 55113-5594, currently used for City Hall (the “Property”). MN
Community Solar, LLC (“MCS”) is engaged in the business of developing solar
photovoltaic facilities which will be funded in whole or in part by subscribers who will
receive the right to apply an allocated portion of the electricity produced by the facility to
their residential or commercial utility bills. The City and MCS have discussed the
possible development of a community solar project at the Property, and have agreed to
enter into this letter of intent (“LOI”) with respect to that development and facility. In
particular, we agree as follows:
1. The City agrees to provide MCS and its representatives access to the
Property for the purpose of evaluating the grounds and related facilities for installation of
a solar facility approximately 39 kW in size. MCS will be allowed to take measurements
and do a visual inspection but will not undertake any physically intrusive testing without
The City’s approval. MCS will arrange with The City in advance the times for any of its
activities at the Property, agrees not to interfere with the City’s business activities, and
will abide by all safety and security guidelines required. The City also agrees to provide
MCS with structural, electrical and other design and construction information about the
building, grounds and Property which is in The City’s possession, custody or control for
assessment of suitability.
2. If initial inspections do not reveal any circumstance that would prevent facility
installation, MCS will prepare a preliminary design of the proposed facility for review and
general approval. The final design may change, but the preliminary design, once
approved, will permit the parties to negotiate a fuller lease. MCS will also assess
interconnection options, permitting requests, and other prerequisites for installation of
the facility.
3. MCS will procure and maintain liability, workers compensation and other
insurance required by law or otherwise necessary to provide coverage for its employees
Doc. #174707v.1 (redlined comparison of Doc. #174705v.1/v.2)
RNK: 1/31/2014
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or representatives while present at the Property. The City will be named as an additional
insured on any property insurance policies. MCS agrees to indemnify The City against
all claims by third parties for property damage or personal injury or death to the extent
arising from the activities of MCS on the Property.
4. MCS may enter into agreements with persons or entities responsible for
attracting and educating potential subscribers. The City agrees to allow MCS to
disclose the Property as a potential facility site to our Community Partners and potential
subscribers. MCS will not make any broader publication about the potential use of the
Property as a facility site. The City also agrees that MCS can submit an interconnection
application to Northern States Power Company (“NSP”) for the facility at the Property, at
no cost to The City.
5. The term of this LOI shall be one year from the date this LOI is signed by both
parties, or until a full lease for the facility at the Property is negotiated and executed by
the parties, whichever is earlier. MCS may terminate this LOI if the Property is found to
be unsuitable for its purposes. Otherwise, MCS and The City agree to negotiate a full
lease for the Property in good faith within sixty (60) days after MCS informs The City
that the Property is suitable for the proposed facility. MCS shall provide The City with a
draft lease for review upon execution of this LOI.
6. The City agrees that MCS’s rights under this LOI are exclusive and that The
City will not permit any other solar developer or installer the right to evaluate or develop
a solar facility at the Property during the term of this LOI, or solicit or entertain any such
offer from any such developer or installer.MCS must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all
data provided by the City pursuant to this Agreement, and (2) all data, created, collected,
received, stored, used, maintained, or disseminated by MCS pursuant to this
Agreement. MCS is subject to all the provisions of the Minnesota Government Data
Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section
13.08, as if it were a government entity. In the event MCS receives a request to release
data, MCS must immediately notify City. City will give MCS instructions concerning the
release of the data to the requesting party before the data is released. MCS agrees to
defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers
harmless from any claims resulting from MCS’s officers’, agents’, city’s, partners’,
employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of
protected data. The terms of this paragraph shall
7. All non-public information exchanged between MCS and The City with respect
to (i) the Property; (ii) the proposed facility; (iii) MCS’s program for developing and
financing facilities or attracting community subscribers; or (iv) any other information
about either party’s business; shall be treated as confidential and proprietary trade
secret information, and shall be used solely for the purposes set forth in this LOI,
subject to the City’s obligations under the Minnesota Government Data Practices Act
(“Act”). MCS may seek to have certain of its data protected as trade secret under the
provisions of the Act, at no expense to The City.
Formatted: Font: Arial
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8. 7. MCS will bear the costs of its inspection, evaluation and development
work. Each party will bear its costs incurred in negotiating this LOI or any lease or other
agreement between the parties or their affiliates.
98. MCS agrees that, to the fullest extent allowed by law with respect to The
City’s eligibility, The City will be entitled to acquire a subscription interest with respect to
any facility and development at the Property, or to invest as a tax investor in the facility
ownership entity, on terms equivalent to those available to other subscribers or
investors.
This LOI does not create an obligation on the part of MCS to develop or install a
solar facility at the Property, or obligate The City to enter into a lease for such a facility.
Any binding lease or other agreement to develop and install a facility will be separately
negotiated by the parties. In all other respects, this LOI shall be binding on MCS and
The City with respect to the terms set forth above.
We are excited about working with you. If the terms of this LOI are acceptable,
please sign where indicated below. Thank you for your interest and assistance.
For MN COMMUNITY SOLAR LLC, a Minnesota
limited liability company,
By___________________________________
Ken Bradley
Its Chief Executive Officer
For The City of Falcon Heights,
a Minnesota Municipality,municipal corporation
By___________________________________
Peter Lindstrom
Mayor
By___________________________________
Bart Fischer
City Administrator/Clerk
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