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HomeMy WebLinkAbout05-11-2015 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, May 11, 2015 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser and Stoesz City Administrator: Jeff Karlson ECONOMIC DEVELOPMENT AUTHORITY, 6:00 P.M. The council will be convening as the Economic Development Authority (EDA) for the purpose of approving agreements related to the issuance of Lease Revenue Bonds for the Lino Lakes Fire Station (see separate agenda) CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Kusterman, Roeser, Stoesz and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items The agenda was amended to add a Proclamation recognizing Police Week 2015 1. CONSENT AGENDA A) Consideration of Expenditures: i) May 11, 2015 (Check No. 100252 through 100319) in the amount of $128,099.06; ii) Centennial Fire District (Check No. 6916 through 6941) in the amount of $37,661.83, and Visa pmt in the amount of $1,236.89 B) Consider Approval of April 27, 2015 Work Session Minutes C) Consider Approval of April 27, 2015 Council Meeting Minutes D) Consider Resolution No. 15-47 Approving the Extension of Time for the Submittal of the PUD Final Plan/Final Plat for Century Farm North 6th Addition E) Consider Approval of Wage Increase for Video Technician, Jeff Karlson F) Consider Approval of April 27, 2015 Board of Appeal Minutes G) Action Taken: Motion by Kusterman, seconded by Roeser, to approve the Consent Agenda, Items 1A through 1G as presented, was adopted Council Agenda -2- May 11, 2015 EXPANDED AGENDA 2. FINANCE DEPARTMENT REPORT A) Consider Resolution 15-51 Authorizing the Execution and Delivery of a Ground Lease, Lease -Purchase Agreement and Related Documents, Al Rolek Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 15-51 as presented, was adopted 3. ADMINISTRATION DEPARTMENT REPORT No report 4. PUBLIC SAFETY DEPARTMENT REPORT A) Authorization to Hire Paid On -Call Fire Personnel, John Swenson Action Taken: Motion by Rafferty, seconded by Stoesz, to approve the hiring of Aaron Jennissen as recommended, was adopted B) Consider Resolution 15-49 Canceling Paid On -Call Fire Recruitment Incentive Program, John Swenson Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 15-49 as presented, was adopted C) Consider Resolution 15-50 Establishing Paid On -Call Fire Training Compensation Program, John Swenson Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 15-50 as presented, was adopted D) Acceptance of Donation of an AED from the Shakopee Mdewakanton Sioux Community, John Swenson Action Taken: Motion by Rafferty, seconded by Stoesz, to accept the donation as recommended, was adopted E) Public Safety Department Update, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 15-46 Amending the Conditional Use Permit (CUP) for Planned Unit Development (PUD) Development Stage Plan/Preliminary Plat for Turnberry Crossing, Katie Larsen Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 15-46 as presented, was adopted Council Agenda -3- May 11, 2015 EXPANDED AGENDA B) Consider Resolution No. 15-48 Order Project, Approving the Plans & Specifications, Authorizing the Ad for Bid, 2015 Mill and Overlay Project, Diane Hankee Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 15-48 as presented, was adopted (Abstain — Roeser) C) Water Reuse Studies, Michael Grochala i. Consider Resolution No. 15-52, Approving the Development and Submittal of an Application to the Legislative Citizen Commission on Minnesota Resources (LCCMR) for the Funding of Integrated Water Management Plans for Local Government Units; Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 15-52 as presented, was adopted ii. Consider Resolution No. 15-53, Authorizing Feasibility Study for Development of a Water Reuse/Irrigation System Action Taken: Motion by Stoesz, seconded by Rafferty, to postpone Resolution No. 15-53, was adopted (subject matter to be reviewed by the Environmental Board) D) Consider Resolution No. 15-54, Accepting Donation of Land, Michael Grochala Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 15-54 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Stoesz, to adjourn at 8:35 p.m. was adopted 4- Wednesday, May 13 4- Tuesday, May 26 a- Tuesday, May 26 Community Calendar — A Look Ahead May 12, 2015 through May 26, 2015 6:30 pm, Council Chambers 6:00 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning Council Work Session City Council Meeting Packet Updated 5-8-15 CITY COUNCIL AGENDA Monday, May 11, 2015 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser and Stoesz City Administrator: Jeff Karlson ECONOMIC DEVELOPMENT AUTHORITY, 6:00 P.M. The council will be convening as the Economic Development Authority (EDA) for the purpose of approving agreements related to the issuance of Lease Revenue Bonds for the Lino Lakes Fire Station (see separate agenda) CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment • Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) May 11, 2015 (Check No. 100252 through 100319) in the amount of $128,099.06; ii) Centennial Fire District (Check No. 6916 through 6941) in the amount of $37,661.83, and Visa pmt in the amount of $1,236.89 B) Consider Approval of April 27, 2015 Work Session Minutes C) Consider Approval of April 27, 2015 Council Meeting Minutes D) Consider Resolution No. 15-47 Approving the Extension of Time for the Submittal of the PUD Final Plan/Final Plat for Century Farm North 6th Addition E) Consider Approval of Wage Increase for Video Technician, Jeff Karlson F) Consider Approval of April 27, 2015 Board of Appeal Minutes 2. FINANCE DEPARTMENT REPORT A) Consider Resolution 15-51 Authorizing the Execution and Delivery of a Ground Lease, Lease -Purchase Agreement and Related Documents, Al Rolek 3. ADMINISTRATION DEPARTMENT REPORT No report Council Agenda -2- May 11, 2015 4. PUBLIC SAFETY DEPARTMENT REPORT A) Authorization to Hire Paid On -Call Fire Personnel, John Swenson B) Consider Resolution 15-49 Canceling Paid On -Call Fire Recruitment Incentive Program, John Swenson C) Consider Resolution 15-50 Establishing Paid On -Call Fire Training Compensation Program, John Swenson D) Acceptance of Donation of an AED from the Shakopee Mdewakanton Sioux Community, John Swenson E) Public Safety Department Update, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 15-46 Amending the Conditional Use Permit (CUP) for Planned Unit Development (PUD) Development Stage Plan/Preliminary Plat for Turnberry Crossing, Katie Larsen B) Consider Resolution No. 15-48 Order Project, Approving the Plans & Specifications, Authorizing the Ad for Bid, 2015 Mill and Overlay Project, Diane Hankee C) Water Reuse Studies, Michael Grochala Consider Resolution No. 15-52, Approving the Development and Submittal of an Application to the Legislative Citizen Commission on Minnesota Resources (LCCMR) for the Funding of Integrated Water Management Plans for Local Government Units. ii. Consider Resolution No. 15-53, Authorizing Feasibility Study for Development of a Water Reuse/Irrigation System. D) Consider Resolution No. 15-54, Accepting Donation of Land, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Council Agenda -3- May 11, 2015 Adjournment 4.- Wednesday, May 13 4- Tuesday, May 26 4- Tuesday, May 26 Community Calendar — A Look Ahead May 12, 2015 through May 26, 2015 6:30 pm, Council Chambers 6:00 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning Council Work Session City Council Meeting LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY Monday, May 11, 2015 6:00 P.M. City Council Chambers AGENDA 1. Call to Order and Roll Call 2. Approval of Agenda 3. Approval of March 23, 2015 Minutes 4. Action Items A. Lino Lakes Fire Station Financing i Consideration of Resolution No. 15-02, Authorizing the Execution and Delivery of a Ground Lease, Lease -Purchase Agreement, and Related Documents. ii Consideration of Resolution No. 15-03, Approving Post -Issuance Compliance Procedure and Policy for Tax -Exempt Governmental Bonds. 5. Adjourn EDA MINUTES March 23, 2015 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT: : March 23, 2015 . 6:10 p.m. . 6:25 p.m. : Commissioners Kusterman, Reinert, Rafferty, Stoesz and Roeser : none : Administrator Jeff Karlson; Community Development Director Michael Grochala; Finance Director Al Rolek; City Clerk Julie Bartell The meeting was called to order at 6:10 p.m. by President Roeser. CONSIDERATION OF THE MINUTES OF JANUARY 12, 2015 Economic Development Authority (EDA) Member Rafferty moved to approve the January 12, 2015 minutes. EDA Member Reinert seconded the motion. Motion carried on a voice vote. CONSIDERATION OF RESOLUTION NO. 15-01, PROVIDING FOR ISSUANCE AND SALE OF LEASE REVENUE BONDS, SERIES 2015A, IN THE MAXIMUM AGGREGATE AMOUNT OF $4,885,000 SUBJECT TO CERTAIN PARAMETERS Finance Director Rolek reviewed his written report. The city is proposing to develop a second fire station in the city and has developed and received a proposal to construct that facility. The city's fiscal advisor is recommending the issuance of lease revenue bonds through the EDA to finance the cost of facility construction. He introduced Terri Heaton, of Springsted, Inc, to explain the bonding process. It was noted that the amount of bonding was reduced based on discussions just previous to the meeting. Ms. Heaton reviewed a PowerPoint presentation (on file) and outlined: What are lease revenue bonds; - The city's EDA can issue this type of bonds and therefore the lease will be a government - to government situation; - The bonds would have a twenty year term; The amount of the bonding has been reduced by the council to $4,885,000; - A competitive sale of the bonds is recommended; The award of the bonds will be handled by a pricing committee; - The maximum interest rate is five percent; Ms. Heaton remarked that the market is in a good place at this time; interest rates are very reasonable. Mayor Reinert noted that while the EDA is authorizing a bond amount of $4,885,000, that amount includes some extras that won't be spent such as contingency. The actual project cost is $4.2 million. 1 EDA MINUTES March 23, 2015 DRAFT Council Member Roeser concurred; the amount being approved is conservative to allow for contingencies. He asked if there is any reason not to bundle the bonds with others being considered this evening. Ms. Heaton explained that these EDA bonds couldn't be bundled with general obligation bonds of the city. EDA member Reinert moved to approve EDA Resolution No. 15-01. EDA Member Kusterman seconded the motion. Motion carried on a voice vote. ADJOURNMENT There being no further business, EDA Member Stoesz moved to adjourn. EDA Member Kusterman seconded the motion. Motion carried on a voice vote. The meeting was adjourned at 6:25 p.m. 2 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY AGENDA ITEM 4A(i) STAFF ORIGINATOR: Al Rolek MEETING DATE: May 11, 2015 TOPIC: Consider Resolution 15-02 Authorizing the Execution and Delivery of a Ground Lease, Lease -Purchase Agreement and Related Documents VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Economic Development Authority (EDA) has approved Resolution 15-01 setting parameters for the issuance of Lease Revenue Bonds, Series 2015A, for financing for a new fire station facility. The EDA must now consider entering into a ground lease and a lease - purchase agreement with the City of Lino Lakes to go forward with this financing. Attached to this report are drafts of Resolution 15-02, the Ground Lease agreement and the Lease -Purchase agreement. BACKGROUND The City Council has entered into a contract to construct a fire station facility at Birch Street and Centerville Road. The project will be financed with lease -revenue bonds issued through the Lino Lakes Economic Development Authority (EDA). The City currently owns the property on which the facility is to be built. In order for the EDA to finance the project, the City must provide a ground lease to the EDA for the land on which the building will reside. The lease will commence upon the signing of the agreement, tentatively June 1, 2015, and will terminate according to the terms written in Article III of the agreement. The rent on the lease of the property will consist of good consideration and the payment of $1.00. The EDA will also enter into a lease -purchase agreement with the City. The lease will be in effect through February 1, 2036, at which time the financing for the facility will be retired. At that time the facility will become the property of the City. The City will annually appropriate funds to pay its lease obligation to the EDA, equal to the annual debt service payments, according to Exhibit B of the agreement, including all fees, charges and agent and counsel fees as they come due. The City agrees to maintain the property during the term of the lease and keep it in good repair. The City also agrees to provide liability and property insurance on the property and to indemnify the EDA during the lease term. All other terms and conditions of the lease -purchase agreement will also apply. Julie Eddington of the firm of Kennedy and Graven, Ltd., is the EDA's bond counsel. Ms. Eddington will be in attendance at tonight's meeting to address any questions or concerns you may have relative to these agreements. RECOMMENDATION Staff recommends approval of Resolution 15-02. ATTACHMENTS Resolution 15-02 Ground Lease between the City of Lino Lakes and The Lino Lakes Economic Development Authority Lease -Purchase Agreement between the Lino Lakes Economic Development Authority and the City of Lino Lakes LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE, LEASE -PURCHASE AGREEMENT, AND RELATED DOCUMENTS BE IT RESOLVED By the Board of Commissioners (the "Board") of the Lino Lakes Economic Development Authority (the "Authority") as follows: 1. Background; Authorizations. (a) The City of Lino Lakes, Minnesota (the "City") and the Authority have determined that it is in the best interests of the City and its residents that the City undertake the acquisition, construction, and equipping of a new fire hall (the "Facility") to be located on certain land (the "Site") in the City (the "Project"). (b) The Board has previously authorized the issuance and sale of its Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation) (the "Bonds"), subject to certain parameters set forth in a resolution adopted by the Board on March 23, 2015 (the "Parameters Resolution"). (c) Forms of the following lease documents have been presented before the Board: (i) a Ground Lease, to be dated on or after June 1, 2015 (the "Ground Lease"), between the City, as lessor, and the Authority, as lessee, pursuant to which the Authority will lease the Site from the City; and (ii) a Lease -Purchase Agreement, to be dated on or after June 1, 2015 (the "Lease"), between the Authority, as lessor, and the City, as lessee, pursuant to which the City will lease the Site and the Facility to be constructed thereon from the Authority. (d) A form of Bond Purchase Agreement, to be dated after the date hereof (the "Bond Purchase Agreement"), between the Authority, the City, and Piper Jaffray & Co. (the "Underwriter"), has been presented before the Board, setting forth the terms and conditions of the purchase of the Bonds by the Underwriter. (e) An Official Statement (the "Official Statement") has been prepared by Springsted Incorporated with respect to the Bonds and has been presented before the Board. 2. Payment of Lease Payments. Pursuant to a resolution adopted by the City Council of the City on the date hereof, the City has agreed to pay to the registrar for the Bonds, promptly when due, all of the lease payments due under the Lease (the "Lease Payments") and other amounts required by the Lease. To provide moneys to make such payments, the City will include in its annual budget, for each fiscal year (the "Fiscal Year") during the term of the Lease, commencing with the Fiscal Year ending on December 31, 2016, moneys sufficient to pay and for the purpose of paying all Lease Payments, a reasonable estimate of additional Lease Payments, and other amounts payable under the Lease. The City will approve its annual budget no less than three months prior to any Lease Payment paid with a tax levy or other moneys included in that annual budget. The agreement of the City in this section is subject to the City's right to teHninate the Lease at the end of any Fiscal Year, as set forth in Section 5.6 of the Lease. 460962v3 JAE LN140-112 3. Continuing Disclosure. (a) "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate to be executed by the President and Executive Director of the Authority and the Mayor and City Administrator of the City and dated as of the date of issuance of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. (b) The Authority hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate substantially in the form on file with the Authority. Notwithstanding any other provision of this resolution, failure of the Authority to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Authority to comply with its obligations under this section. 4. Official Statement. The Official Statement, as completed and supplemented, and its distribution to potential purchasers of the Bonds, is hereby approved. The President and Executive Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5. Paying Agent. There has been presented before the Board a form of Paying Agent Agreement, to be dated on or after June 1, 2015 (the "Paying Agent Agreement"), between the Authority and U.S. Bank National Association, as paying agent (the "Paying Agent"). Pursuant to the Paying Agent Agreement, the Paying Agent will agree to perform the duties as paying agent and bond registrar for the Bonds. 6. Authorization of Documents. (a) The President and Executive Director are authorized and directed to execute and deliver the Ground Lease, the Lease, the Bond Purchase Agreement, the Continuing Disclosure Certificate, and the Paying Agent Agreement on behalf of the Authority, substantially in the forms on file with the Authority, but with all such changes therein as shall be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all of the transaction documents shall be delivered, filed and recorded as provided therein. The President, Executive Director, and other Authority officers are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated. (b) The officers of the Authority are authorized and directed to prepare and furnish to the original purchaser of the Bonds, and to the attorneys approving the Bonds, certified copies of all proceedings and records of the Authority relating to the power and authority of the Authority to enter into the Ground Lease, the Lease, the Bond Purchase Agreement, the Continuing Disclosure Certificate, and the Paying Agent Agreement within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the Authority as to the facts stated therein. 7. Amendment to Parameters Resolution. The Board has determined to amend the parameters set forth in Section 1.02 of the Parameters Resolution so that the Bonds shall have a maturity 2 460962v3 JAE LN140-112 of twenty-one (21) years. Except as otherwise amended by this Section 7, the Parameters Resolution shall remain in full force and effect. Adopted by the Board of Commissioners of the Lino Lakes Economic Development Authority this 11t day of May, 2015. ATTEST: Executive Director 3 460962v3 JAE LN140-112 President First Draft April 29, 2015 GROUND LEASE between CITY OF LINO LAKES, MINNESOTA, as Lessor and LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, as Lessee Dated as of June 1, 2015 Related to: $4,430,000 Lino Lakes Economic Development Authority Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation) This instrument drafted by: KENNEDY & GRAVEN, Chartered (JAE) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 (612) 337-9300 GROUND LEASE THIS GROUND LEASE, dated as of June 1, 2015 (the "Ground Lease"), is by and between the CITY OF LINO LAKES, MINNESOTA, a home rule charter city and political subdivision of the State of Minnesota, as lessor (the "City"), and the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and political subdivision of the State of Minnesota, as lessee (together with its successors and assigns as lessee hereunder, the "Authority"). WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I Demise of Site and Warranties Section 1.01. Demise. Subject to and upon the terms, conditions, covenants and undertakings hereinafter set forth, the City hereby leases and permits the use to, and the Authority hereby leases from the City, the property described in EXHIBIT A attached hereto, located in Anoka County, Minnesota (hereinafter called the "Site"). Section 1.02. Warranties. The City covenants and warrants to the Authority: (1) That the City has good and merchantable title to the Site, has authority to enter into, execute and deliver this Ground Lease, has duly authorized the execution and delivery of this Ground Lease, and has duly executed and delivered this Ground Lease; (2) That the Site is not subject to any dedication, easement, right-of-way, reservation in patent, covenant, condition, restriction, lien or encumbrance which would prohibit or materially interfere with the alteration, improvement or operation of certain facilities (hereinafter called the "Facilities") on the Site, as contemplated by that certain Lease -Purchase Agreement, dated as of June 1, 2015 (the "Lease"), between the Authority, as lessor, and the City, as lessee; (3) That all taxes, assessments or impositions of any kind with respect to the Site, except current taxes, have been paid in full; (4) That the Site is properly zoned for the purpose of the Facilities; and (5) That the City has authority to enter into, execute and deliver the Lease, has duly authorized its execution and delivery, and has duly executed and delivered the Lease. Section 1.03. Environmental Covenant. To the best knowledge of the City, after due inquiry, (i) no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed by the provisions of any federal, state or local law, statute, code, ordinance, regulation, requirement or rule relating thereto (collectively, "Environmental Regulations"), and also including urea -formaldehyde, polychlorinated biphenyls, asbestos, asbestos -containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant or contaminant which would subject the owner of the Site and the Facilities to any damages, penalties or liabilities under any applicable Environmental Regulation (collectively, "Hazardous Substances") are now or have been stored, located, generated, produced, processed, treated, 460514v1 JAE LN140-112 1 transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Site or the Facilities in violation of any Environmental Regulation; (ii) no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, an industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is located at the Site or has previously been located therein but has been removed therefrom; (v) no violation of any Environmental Regulation now exists relating to the Site or the Facilities, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site or the Facilities by any governmental entity or agency which in any way relates to Hazardous Substances; (vi) no person, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under, over or from the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance. The City shall not store, locate, generate, produce, process, treat, transport, incorporate, discharge, emit, release, deposit or dispose of any Hazardous Substance in, upon, under, over or from the Site or the Facilities in violation of any Environmental Regulation; shall not permit any Hazardous Substance to be stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of or to escape therein, thereupon, thereunder, thereover or therefrom in violation of any Environmental Regulation; shall cause all Hazardous Substances to be properly removed therefrom and properly disposed of in accordance with all applicable Environmental Regulations; and shall not install or permit to be installed any underground storage tank therein or thereunder in violation of any Environmental Regulations which are applicable to the Site and the Facilities. In the event any Hazardous Substance is found upon, under, over or from the Site or the Facilities in violation of any Environmental Regulation or if any lien or claim for lien in favor of any governmental entity or agency as a result of any release of any Hazardous Substance is threatened, the City, at its sole cost and expense, shall, within ten days of such finding, deliver written notice thereof to the Authority and shall promptly remove such Hazardous Substances upon, under, over or from the Site or the Facilities and prevent the imposition of any liens against the Site or the Facilities for the cleanup of any Hazardous Materials. Such removal shall be conducted and completed in compliance with all applicable federal, state and local laws, regulations, rules, ordinances and policies, in accordance with the orders and directives of all federal, state and local governmental authorities. In the event the City has not removed such Hazardous Substances within a time period deemed reasonable by the Authority, the City shall, at the written direction of the Authority, take such remedial action as the Authority shall direct. In the event the City shall not comply with the written directions of the Authority within the time frame established within its written directions, the City hereby grants to the Authority an irrevocable license to remove Hazardous Substances from, repair, clean up, and detoxify the Site and the Facilities and agrees to reimburse the Authority for all of its costs therefor. The City further agrees, to the extent permitted by Minnesota law, to reimburse the Authority for any and all claims, demands, judgments, penalties, liabilities, costs, damages and expenses, including court costs and attorneys' fees directly or indirectly incurred by the Authority (prior to trial, at trial and on 460514v1 JAE LN140-112 2 appeal) in any action against or involving the Authority, resulting from any breach of the foregoing covenants, or from the discovery of any Hazardous Substance, in, upon, under or over, or emanating from the Site or the Facilities, whether or not the City is responsible therefor, it being the intent of the City and the Authority that the Authority shall have no liability or responsibility for damage or injury to human health, the environment or natural resources caused by, for abatement and/or clean up of, or otherwise with respect to, Hazardous Substances by virtue of the interest of the Authority in the Site and the Facilities pursuant to this Ground Lease, or hereafter created, or as the result of the Authority exercising any of its rights or remedies with respect thereto hereunder or under any other instrument, including but not limited to becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties and covenants of this Section shall be deemed continuing covenants, representations and warranties for the benefit of the Authority, including but not limited to any purchaser at a foreclosure sale, any transferee of the title of the Authority or any other purchaser at a foreclosure sale, and any subsequent owner of the Site or the Facilities, and shall survive the satisfaction or release of this Ground Lease, any foreclosure of a mortgage lien under any instrument, and/or any acquisition of title to the Site or the Facilities or any part thereof by the Authority, by deed in lieu of foreclosure of otherwise. Any amounts covered by the foregoing shall bear interest from the date incurred at the maximum rate permitted by law and shall be payable on demand. ARTICLE II Term and Rent Section 2.01. Term. The term of this Ground Lease shall commence as of the day and year first above written and shall end on the date the term of this Ground Lease is terminated in accordance with Section 3.01 hereof. Section 2.02. Rent. The rent for the entire term of this Ground Lease shall be One Dollar ($1.00), payable in one installment in advance on the Closing Date. ARTICLE III Termination Section 3.01. Termination. Subject to the other provisions of this Ground Lease, this Ground Lease shall terminate upon the occurrence of any one of the following events: (1) The payment by the City of all Lease Payments owing by the City as lessee under the Lease. (2) The exercise by the City of its option to prepay the Lease Payments and all other sums due in accordance with the terms and conditions of the Lease. (3) The termination of the Term of Lease by the City for non -appropriation pursuant to Section 5.6 of the Lease and the receipt by the Authority of amounts from the sublease or other disposition of the Authority's interest in the Site and the Facilities sufficient to: (a) Reimburse the Authority for all administrative costs and expenses, including reasonable attorneys' fees, incurred by the Authority as a result of the 460514v1 JAE LN140-112 3 termination of the Term of Lease and the sublease or sale of the Authority's interest in the Site and the Facilities; and (b) Reimburse the Authority for all capital costs and expenses in any manner incurred by the Authority with respect to preparing the Site and the Facilities for sublease for commercial or other lawful purposes (as used in this Ground Lease, the right to sublease the Site includes the right to sell all leasehold interests in the Site); and (c) Pay the unpaid principal of and interest on the Bonds described in the Lease. (4) The termination of the Term of Lease upon the occurrence of an Event of Default by the City under Article X of the Lease and the receipt by the Authority of amounts from the sublease or sale of the Authority's interest in the Site and the Facilities sufficient to: (a) Reimburse the Authority for all administrative costs and expenses, including reasonable attorneys' fees, incurred by the Authority as a result of the Event of Default and the termination of the Lease and the sublease or sale of the Authority's interest in the Site and the Facilities; and (b) Reimburse the Authority for all capital costs and expenses in any manner incurred by the Authority with respect to preparing the Site and the Facilities for sublease for commercial or other lawful purposes; and (c) Pay the unpaid principal of and interest on the Bonds described in the Lease. The amounts referred to in paragraphs (a), (b) and (c) of Section 3.01(3) or 3.01(4), as applicable, are hereinafter referred to as the "Reimbursement Amount." Section 3.02. Use of Revenues. After termination of the Term of Lease by the City because of non -appropriation pursuant to Section 5.6 of the Lease or termination of the Term of Lease upon the occurrence of an Event of Default under Article X of the Lease, revenues received by the Authority from the Site and the Facilities as contemplated in Section 3.01(3) or 3.01(4) hereof shall be applied as follows: FIRST An amount thereof equal to ongoing administrative costs and costs of operation of the Site and the Facilities may be retained by the Authority; SECOND An amount thereof equal to interest on the outstanding Reimbursement Amount at the rates per annum specified in Exhibit B to the Lease may be retained by the Authority; and THIRD Any remaining amount thereof shall be retained by the Authority and credited to the payment of the Reimbursement Amount. Use of the Site and the Facilities by the Authority or any affiliate of the Authority, other than for the purpose of assuming control, making any necessary changes in the Site or the Facilities, and the initial subleasing thereof, shall be treated as the sublease thereof on a monthly basis at the then current monthly value. 460514v1 JAE LN140-112 4 Section 3.03. Reports. In the event that the Term of Lease is terminated by the City because of non -appropriation pursuant to Section 5.6 of the Lease or terminated by the Authority as a result of the occurrence of an Event of Default by the City thereunder, the Authority shall keep complete and accurate records regarding any sublease of the Site and the Facilities and shall, within sixty (60) days after the end of each Fiscal Year of the City, deliver a written report to the City showing (a) all amounts received by the Authority from any sublease of the Site and the Facilities; (b) an analysis as to whether the Authority has received the Reimbursement Amount, with all supporting calculations; and (c) the date, if any, during the next Fiscal Year of the City on which the Authority expects to receive the Reimbursement Amount. Such written report shall be verified by a certified public accountant or firm of certified public accountants not in the regular employ of the Authority. The City shall have the right, at its own expense, to examine all of the Authority's records insofar as they relate to the Site and the Facilities. Such examination shall be made at the Authority's offices during normal business hours. Section 3.04. City's Option to Pay Reimbursement Amount. In the event that the Term of Lease is terminated by the City because of non -appropriation pursuant to Section 5.6 of the Lease or terminated by the Authority as a result of the occurrence of an Event of Default by the City thereunder, the unpaid balance of the Reimbursement Amount and any other payment required under Section 3.02 hereof may be paid by the City at any time. Upon such payment, this Ground Lease and the Authority's interest in the Site and the Facilities shall terminate; provided, that if the Authority's interest in the Site or the Facilities has been subleased to any sublessee pursuant to any sublease that is still in effect, this Ground Lease shall not terminate, but the Authority shall assign and set over to the City all of the Authority's interest in the Site and the Facilities granted under this Ground Lease, subject to all existing rights created in the Site and the Facilities by all such subleases, and the City shall be entitled to all rent payments with respect to any subleases of the Site and the Facilities. Section 3.05. Effect of Termination of Lease. In the event that the Term of Lease is terminated by the City because of non -appropriation pursuant to Section 5.6 of the Lease or terminated by the Authority as a result of the occurrence of an Event of Default by the City thereunder, the City shall have no continuing obligation under this Ground Lease after such termination, other than to continue to allow the Authority to continue to use and enjoy the Site and the Facilities as provided herein. ARTICLE IV Use of Site; Additional Covenants Section 4.01. Use. The Authority shall not use or permit the use of the Site for any unlawful purpose. Section 4.02. Quiet Enjoyment. The City covenants that upon the Authority's paying the rent reserved herein, and performing all conditions and covenants set forth in this Ground Lease and the Lease, the Authority shall and may peaceably have, hold and enjoy the Site for the term of this Ground Lease. The Authority covenants that upon expiration of this Ground Lease, it shall give the City peaceable possession of the Site, together with the Facilities and any other improvements constructed thereon pursuant to the Lease. Section 4.03. Assignment and Subletting. The Authority shall have the right to assign its interest in this Ground Lease, and to sublet the Site in accordance with the Lease. Section 4.04. Additional Covenants. In the event that any person or entity, however organized (other than the Authority or any assignee of the Authority), shall be determined to hold any interest that in 460514v1 JAE LN140-112 5 any manner affects the City's good and merchantable title to the Site, the City shall use its best efforts to acquire the interest so held, such acquisition to be made at the City's sole cost and expense. The City hereby agrees to save and keep harmless the Authority, or any assignee of the Authority, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys' fees, but only in the event that litigation is actually commenced by the Authority) of whatever kind and nature, imposed on, incurred by or asserted against the Authority, or any assignee of the Authority, that in any way relate to or arise out of the assertion of any interest affecting the City's good and merchantable title to the Site by any person or entity, however organized (other than the Authority or any assignee of the Authority). ARTICLE V Miscellaneous Section 5.01. Binding Effect. This Ground Lease shall be binding upon, and inure to the benefit of, the parties hereto, and their successors and assigns. Section 5.02. Certain Defined Terms. Unless the context hereof clearly requires otherwise, capitalized terms used in this Ground Lease and defined in the Lease are used herein with the same meanings as set forth in the Lease. 460514v1 JAE LN140-112 (The remainder of this page is intentionally left blank.) 6 IN WITNESS WHEREOF, the City has caused this Ground Lease to be executed in its corporate name by its duly authorized officers and the Authority has caused this Ground Lease to be executed in its name by its duly authorized officers, all as of the date and year first written above. CITY OF LINO LAKES, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by Jeff Reinert, the Mayor of the City of Lino Lakes, Minnesota, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by Jeff Karlson, the City Administrator of the City of Lino Lakes, Minnesota, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the City. 460514v1 JAE LN140-112 Notary Public S-1 Execution page of the Authority to the Ground Lease, dated as of the date and year first written above. STATE OF MINNESOTA ) ss. COUNTY OF ANOKA LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director The foregoing instrument was acknowledged before me this day of June, 2015, by , the President of the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by , the Executive Director of the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. 460514v1 JAE LN140-112 Notary Public S-2 [Insert legal description] 460514v1 JAE LN140-112 EXHIBIT A DESCRIPTION OF SITE A-1 Second Draft May 6, 2015 LEASE -PURCHASE AGREEMENT between LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, as Lessor and CITY OF LINO LAKES, MINNESOTA, as Lessee Dated as of June 1, 2015 Related to: $4,430,000 Lino Lakes Economic Development Authority Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation) This instrument drafted by: Kennedy & Graven, Chartered (JAE) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 (612) 337-9300 Error! Bookmark not defined. TABLE OF CONTENTS Page PARTIES AND RECITALS 1 ARTICLE I Definitions and Exhibits Section 1.1. Definitions 2 Section 1.2. Exhibits 4 ARTICLE II Representations, Covenants and Warranties Section 2.1. Representations, Covenants and Warranties of the City 6 Section 2.2. Representations, Covenants and Warranties of the Authority 7 ARTICLE III Acquisition, Construction, and Equipping of Facilities; Payment of Project Costs Section 3.1. Project Costs 8 Section 3.2. Acquisition, Construction, and Equipping of Facilities; Payment of Costs 8 ARTICLE IV Lease and Sale of Facilities Section 4.1. Lease and Sale of Facilities 10 Section 4.2. Lease Payments 10 Section 4.3. Additional Lease Payments 10 Section 4.4. Source of Lease Payments 10 Section 4.5. City's Obligations and Remedies 11 Section 4.6. Possession and Enjoyment 11 Section 4.7. Authority Access to Site and Facilities 12 ARTICLE V Term of Lease; Transfer or Surrender of Site and Facilities Section 5.1. Term of Lease 13 Section 5.2. Termination of Term of Lease 13 Section 5.3. Authority's Interest in the Site and Facilities 13 Section 5.4. Surrender of Site and Facilities 13 Section 5.5. Purchase; Conveyance of Title 13 Section 5.6. Non -Appropriation 14 Section 5.7. Intent to Continue Term; Appropriations 14 Section 5.8. Effect of Termination 14 460515v2 JAE LN140-112 1 ARTICLE VI General Matters Section 6.1. Use; Permits 15 Section 6.2. Maintenance and Modification of Facilities by the City 15 Section 6.3. Taxes, Other Governmental Charges and Utility Charges 16 Section 6.4. Liens 16 Section 6.5. Easements 16 Section 6.6. Addition and Substitution of Land 16 Section 6.7. Compliance with Bond Resolution 17 Section 6.8. Tax Covenants 17 Section 6.9. Rebate 18 ARTICLE VII Insurance and Indemnification; Damage, Destruction and Condemnation Section 7.1. Liability Insurance 19 Section 7.2. Property Insurance 19 Section 7.3. Administration of Claims, Etc 19 Section 7.4. Other Insurance and Requirements for All Insurance 19 Section 7.5. Indemnification 20 Section 7.6. Hazardous Substance Indemnification 20 Section 7.7. Damage, Destruction and Condemnation 20 Section 7.8. Insufficiency of Net Proceeds 21 Section 7.9. Cooperation of Authority 21 ARTICLE VIII Option to Purchase; Option to Prepay Section 8.1. Option to Purchase or Prepay 22 Section 8.2. Exercise of Option 22 Section 8.3. Provision for Payment of Purchase Price; Discharge of City's Obligation 22 Section 8.4. Prerequisite; No Default 22 ARTICLE IX Assignment, Subleasing, Indemnification, Mortgaging and Selling Section 9.1. Assignment by Authority 23 Section 9.2. Assignment and Subleasing by the City 23 Section 9.3. Restriction on Mortgage or Sale by the City 23 ARTICLE X Events of Default and Remedies Section 10.1. Events of Default Defined 24 Section 10.2. Remedies on Default 25 Section 10.3. Delay; Notice 25 460515v2 JAE LN140-112 Section 10.4. No Remedy Exclusive 25 Section 10.5. No Additional Waiver Implied by One Waiver 25 ARTICLE XI Administrative Provisions Section 11.1. Notices 26 Section 11.2. Binding Effect 26 Section 11.3. Severability 26 Section 11.4. Amendments, Changes and Modifications 26 Section 11.5. Further Assurances and Corrective Instruments 26 Section 11.6. Execution in Counterparts 26 Section 11.7. Applicable Law 26 Section 11.8. Authorized Officers 26 Section 11.9. Captions 27 SIGNATURES S-1 EXHIBIT A Description of Site and Permitted Encumbrances A-1 EXHIBIT B Schedule of Lease Payments B-1 EXHIBIT C Form of Completion Certificate C-1 460515v2 JAE LN140-112 111 LEASE -PURCHASE AGREEMENT THIS LEASE -PURCHASE AGREEMENT, dated as of June 1, 2015 (the "Lease"), is by and between the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and political subdivision of the State of Minnesota, as lessor (the "Authority"), and the CITY OF LINO LAKES, MINNESOTA, a home rule charter city and political subdivision of the State of Minnesota, as lessee (the "City"). WITNESSETH: WHEREAS, the City is authorized by law to acquire such items of real and personal property as are needed to carry out its governmental and proprietary functions, and to acquire such real and personal property by entering into lease -purchase contracts; and WHEREAS, the City has determined that it is necessary for it to acquire pursuant to this Lease the Authority's interest in certain real property described on EXHIBIT A attached hereto (the "Site"), together with the fire hall, structures and improvements constructed and to be constructed thereon and certain equipment to be contained therein (the "Facilities"); and WHEREAS, the development of the Site and the Facilities is consistent with and furthers the economic development functions of the Authority; and WHEREAS, the Authority is willing to acquire a leasehold interest in the Site pursuant to a Ground Lease, dated as of June 1, 2015 (the "Ground Lease"), between the City, as lessor, and the Authority, as lessee, and to acquire title to the Facilities and to lease and sell the Site and the Facilities to the City, pursuant to this Lease; and WHEREAS, to provide funds for the acquisition, construction and equipping of the Facilities, including certain public infrastructure necessary for the fire hall, the Authority will issue its Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation) (the "Bonds"), in the original aggregate principal amount of $4,430,000, pursuant to a resolution adopted by the Authority on March 23, 2015 (the "Bond Resolution"); and NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank) 1 ARTICLE I Definitions and Exhibits Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Lease and Exhibits attached hereto, have the meanings herein specified: "Additional Lease Payments" means payments due from the City pursuant to Section 4.3 hereof. "Authority" means the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, and its successors and assigns as lessor hereunder. "Authorized Officer," when used with respect to the City, means its Mayor, City Administrator, Finance Director, City Clerk or any other person who is designated in writing by the City as an Authorized Officer for purposes of this Lease, and when used with respect to the Authority means its Executive Director or any other person who is designated in writing by the Authority as an Authorized Officer for purposes of this Lease. "Bond Counsel" means any attorney or law firm having a national reputation as bond counsel in connection with the issuance of state and local governmental obligations and appointed by the Authority as bond counsel. "Bond Registrar" means U.S. Bank National Association, Saint Paul, Minnesota, or any successor Bond Registrar appointed by the Authority. "Bond Resolution" means the resolution authorizing the issuance and sale of the Bonds adopted by the Board of Commissioners of the Authority on March 23, 2015. "Bonds" means the Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation), issued by the Authority in the original aggregate principal amount of $4,430,000, pursuant to the Bond Resolution. "City" means the City of Lino Lakes, a home rule city and political subdivision of the State of Minnesota, and any successor to its functions. "City Council" means the City Council of the City and any successor as governing body of the City. "Closing Date" means June 18, 2015, the date upon which the Bonds are delivered to the Original Purchaser thereof against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended. "Completion Date" means the date of completion of the acquisition, construction and equipping of the Facilities, as evidenced by the certificate of the City described in Section 3.2(f) hereof. "Costs of Issuance" means all fees and expenses incurred by the City and the Authority in connection with the execution and delivery of the Lease and the issuance of the Bonds, including, but not limited to, costs of preparing and printing the Bonds, this Lease, the Ground Lease, the Paying Agent Agreement, the Official Statement relating to the Bonds, and related documents; legal fees (including, without limitation, those of Bond Counsel and counsel to the Authority and the City); recording fees and title insurance 460515v2 JAE LN140-112 2 premiums; Rating Agency fees; financial advisor's fees; and the Bond Registrar's and Paying Agent's initial fees. "Facilities" means the fire hall and any other buildings, structures and improvements to be constructed on the Site, and all furniture, fixtures and equipment to be acquired with proceeds of sale of the Bonds and located thereon. "Fiscal Year" means the twelve-month fiscal period of the City, which commences on January 1 and ends on December 31 of each year. "Ground Lease" means the Ground Lease, dated as of June 1, 2015, by which the City leases the Site to the Authority, as amended or supplemented from time to time. "Independent," when used with reference to an attorney, engineer, architect, certified public accountant, consultant or other professional person, means a person who (i) is in fact independent, (ii) does not have any material financial interest in the City or the transaction to which such person's certificate or opinion relates (other than payment to be received for professional services rendered), and (iii) is not connected with the Authority or the City as an officer, director or employee. "Independent Counsel" means an Independent attorney duly admitted to practice law before the highest court of any state. "Interest Payment Date" means February 1, 2016, and each August 1 and February 1 thereafter until the Bonds are paid in full. "Lease" means this Lease -Purchase Agreement, dated as of June 1, 2015, between the Authority, as lessor, and the City, as lessee, as amended or supplemented from time to time. "Lease Payment" means each of the payments due from the City to the Authority on each Lease Payment Date during the Term of Lease, as shown on EXHIBIT B attached hereto. "Lease Payment Date" means the date upon which any Lease Payment is due and payable as provided in EXHIBIT B attached hereto. "Net Proceeds," when used with respect to proceeds of insurance or a condemnation award, means moneys received or receivable by the City, as owner or as lessee hereunder, or the Authority, as lessee under the Ground Lease or as secured party, of the Site or the Facilities, less the cost of recovery (including attorneys' fees) of such moneys from the insuring company or the condemning authority. "Original Purchaser" means Piper Jaffray & Co. "Outstanding," when used as of any particular time with reference to the Bonds, means all Bonds theretofore authenticated and delivered by the City under the Bond Resolution except: (i) Bonds theretofore canceled by the Bond Registrar or surrendered to the Bond Registrar for cancellation; (ii) Bonds for the payment or redemption of which funds or direct obligations of or obligations fully guaranteed by the United States of America in the necessary amount shall have theretofore been deposited with the Bond Registrar (whether upon or prior to the maturity or the redemption date of such Bonds), provided that if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given pursuant to the Bond Resolution, or provision satisfactory to the Bond Registrar shall have been made for the giving of such notice; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authenticated and 460515v2 JAE LN140-112 3 delivered by the Bond Registrar pursuant to the terms of Section 2.03(h) of the Bond Resolution pertaining to the replacement of Bonds. "Owner" means the registered owner of any Outstanding Bond. "Paying Agent" means U.S. Bank National Association, Saint Paul, Minnesota, or any successor paying agent appointed by the Authority. "Paying Agent Agreement" means the Paying Agent Agreement, dated as of June 1, 2015, between the Paying Agent and the Authority, as amended or supplemented from time to time. "Permitted Encumbrances" means, as of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to provisions of Section 6.3 hereof, permit to remain unpaid; (ii) the Ground Lease, this Lease and amendments hereto or thereto; (iii) the Authority's interest in the Facilities; (iv) any mechanic's, laborer's, materialmen's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law; (v) such minor defects, irregularities, encumbrances, easements, rights-of-way and clouds on title as normally exist with respect to properties similar in character to the Site and which do not, in the opinion of Independent Counsel, materially impair the property affected thereby for the purpose for which it was intended; and (vi) easements, restrictions or encumbrances, if any, shown on EXHIBIT A hereto. "Project Costs" has the meaning provided in Section 3.2(b) hereof. "Project Fund" means the Project Fund established under the Bond Resolution. "Purchase Price" means, with respect to any date, cash or obligations of or guaranteed by the United States of America maturing at such times and in such amounts as to provide for the full and timely payment of all interest and premium, if any, on and principal of the Outstanding Bonds to maturity or an earlier redemption date, if applicable. The City shall be entitled to credit against the Purchase Price the amount of any moneys theretofore paid to and held by the Authority or the Paying Agent and available for the payment of the Outstanding Bonds. "Site" means the real property described in EXHIBIT A hereto, including any property added to or substituted for any portion of the Site, and less any real property released from this Lease pursuant to Article VI hereof. "State and Federal Laws" means the Constitution and any law of the State of Minnesota and any ordinance, rule or regulation of any agency or political subdivision of the State of Minnesota; and any law of the United States, and any rule or regulation of any executive department or federal agency. "Term of Lease" means the period during which this Lease may remain in effect as specified in Section 5.1 hereof. Lease: Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Lease. EXHIBIT A: A legal description of the Site and a listing of Permitted Encumbrances. EXHIBIT B: The date and amount of each Lease Payment coming due during the Term of 460515v2 JAE LN140-112 4 EXHIBIT C: The form of Completion Certificate to be delivered by the City to the Authority pursuant to Section 3.2(f) hereof. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 5 ARTICLE II Representations, Covenants and Warranties Section 2.1. Representations, Covenants and Warranties of the City. The City represents, covenants, and warrants as follows: (a) The City is authorized under its charter and the Constitution and laws of the State of Minnesota to enter into this Lease and the transactions contemplated hereby, and to perform all of its obligations hereunder. (b) Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the City, or upon the Site and the Facilities except Permitted Encumbrances. (c) This Lease is entered into under authority of and pursuant to Minnesota Statutes, Section 465.71. (d) The officers of the City executing this Lease have been duly authorized to do so. (e) The City will not pledge, mortgage or assign this Lease, or its rights, duties and obligations hereunder to any other person, firm or corporation except as provided under the terms of this Lease. (f) Subject to the City's rights under Section 5.6 hereof, the Facilities will be used until the Bonds have all been paid primarily to carry out the essential governmental or proprietary purposes of the City. (g) Subject to the provisions of Section 5.6 hereof, the Finance Director of the City will include in the annual budget of the City submitted to the City Council, for each Fiscal Year during the Term of Lease, moneys sufficient to pay and for the purpose of paying all Lease Payments and Additional Lease Payments and other obligations of the City under this Lease, and for this purpose the City will make a reasonable estimate of Additional Lease Payments to become due in the next Fiscal Year, and will take all other actions necessary to provide moneys for the payment of the obligations of the City under this Lease from sources of the City lawfully available for this purpose. (h) Except to the extent specifically provided herein, the City is not obligated to appropriate or otherwise provide moneys for the payment of the Lease Payments or any other amounts coming due hereunder; and in the event of non -appropriation or non -renewal by the City, the City shall not be liable for general, special, incidental, consequential or other damages resulting therefrom. This Lease does not constitute a general obligation of the City, and the full faith and credit and taxing powers of the City are not pledged for the payment of the Lease Payments or other amounts coming due, or other actions required to be performed, hereunder. (i) The City hereby declares its current need for the Facilities. The City has determined that the purchase price to be paid for the Site and the Facilities under this Lease represents the fair 460515v2 JAE LN140-112 6 market value of the Facilities; that the Lease Payments and Additional Lease Payments hereunder during the Term of Lease represent the fair value of the use of the improved Facilities; and that the Purchase Price represents the fair purchase price of the Facilities. The City hereby determines that the Lease Payments and Additional Lease Payments do not exceed a reasonable amount so as to place the City under an economic compulsion to renew this Lease or to exercise its option to purchase the Facilities hereunder. In making such determinations the City has given consideration to the costs of the Facilities, the uses and purposes for which the Facilities will be employed by the City, the benefit to the City by reason of the acquisition of the Facilities pursuant to the terms and provisions of this Lease and the City's option to purchase the Facilities. The City hereby determines and declares that the acquisition, construction and equipping of the Facilities and the leasing of the Facilities pursuant to this Lease will result in facilities of comparable quality and meeting the same requirements and standards as would be necessary if the acquisition of the Facilities were performed by the City other than pursuant to this Lease. The City hereby determines and declares that the period during which the City has an option to purchase the Facilities (i.e., the Term of Lease) does not exceed the anticipated useful life of the Facilities. Section 2.2. Representations, Covenants and Warranties of the Authority. The Authority represents, covenants, and warrants as follows: (a) The Authority is a public body corporate and politic and political subdivision of the State of Minnesota; has power to enter into this Lease; is possessed of full power to own and hold real and personal property, and to sell the same; and has duly authorized the execution and delivery of this Lease. (b) Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Authority is now a party or by which the Authority is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Authority, or upon the Site and the Facilities except Permitted Encumbrances. (c) This Lease is entered into under authority of and pursuant to Minnesota Statutes, Sections 469.090 through 469.1082. (d) The Authority declares and finds that the Facilities promote economic development generally by ensuring a modern and efficient fire hall in the City. (e) The officers of the Authority executing this Lease have been duly authorized to do so. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 7 ARTICLE III Acquisition, Construction and Equipping of Facilities; Payment of Costs Section 3.1. Project Costs. The City has estimated that the costs of acquiring, constructing, and equipping of the Facilities and the Costs of Issuance of the Bonds will be not less than $4,430,000. In order to provide the moneys needed to pay such costs when due, and in consideration of the actions agreed to be performed by the City under this Lease, the Authority has adopted the Bond Resolution, pursuant to which the proceeds of the sale of the Bonds in the amount of $ (par amount of $4,430,000, [plus original issue premium of $ ,] [less original issue discount of $ ,] less underwriter's discount of $ ), plus accrued interest, if any, will be deposited with the City. Section 3.2. Acquisition, Construction and Equipping of Facilities; Payment of Costs. (a) The Authority shall cause the Facilities to be constructed with all reasonable dispatch. The Authority hereby appoints the City as its agent for the purpose of acquisition, construction and equipping of the Facilities, and the City may perform the same itself or through its agents, and may make or issue such contracts, orders, receipts and instructions, and in general do or cease to be done all such other things as it may consider requisite or advisable for the completion of the acquisition, construction and equipping of the Facilities and for fulfilling its obligations under this Article. The City shall have full authority and the sole right under this Lease to supervise and control, directly or indirectly, all aspects of the acquisition, construction and equipping of the Facilities. (b) The Authority shall deposit the proceeds of the Bonds in the amount of $ with the City for credit to the Project Fund, as provided in the Bond Resolution. Amounts in the Project Fund shall be disbursed to pay the following costs (referred to as "Project Costs"): (i) Obligations incurred for labor and to contractors, builders and material suppliers in connection with the construction of the Facilities, including obligations for machinery, materials and equipment therefor; (ii) Costs of acquisition of land and all interests in land required specifically for the Site, site improvements required for the construction or operation of the Facilities, demolition of any portion of the existing building on the Site and removal of any equipment therefrom (net of any salvage); (iii) Costs of acquisition and installation of equipment, furnishings and other tangible personal property required for the Facilities; (iv) Fees and expenses of engineers and architects for surveys, estimates and other preliminary investigations, preparation of plans, drawings and specifications, and supervising construction, as well as for the performance of all other duties of engineers and architects in relation to the Facilities or the issuance of the Bonds therefor, including the costs of such services as may have been performed by employees of the City; (v) Expenses of administration, supervision and inspection properly chargeable to the construction of the Facilities, administrative fees and other expenses relating to construction of the Facilities, title insurance premiums, abstracting and filing fees, and legal expenses and fees; 460515v2 JAE LN140-112 8 (vi) Costs of Issuance of the Bonds; (vii) The payment of interest on the Bonds during construction of the Facilities; and (viii) Any other obligation or expense heretofore or hereafter incurred by the City in connection with the Facilities defined as and constituting a proper cost of the Facilities and approved by an Authorized Officer of the City. (c) Before any of the payments referred to in this Section may be made from the Project Fund, an Authorized Officer of the City shall certify to the Authority with respect to each such payment: (i) that none of the items for which the payment is proposed to be made has formed the basis for any payment theretofore made from the Project Fund; and (ii) that each item for which payment is proposed to be made is or was necessary in connection with acquisition, construction, and equipping of the Facilities. In the case of any construction contract providing for the retention of a portion of the contract price, there shall be paid only the net amount remaining after deduction of any such portion. Notwithstanding anything to the contrary herein, proceeds of the Bonds may be applied directly to pay Costs of Issuance. (d) Money in the Project Fund shall be subject to withdrawal from time to time only for the purposes of paying Project Costs or for the reimbursement to the City, subject to any applicable provision of law, for payments theretofore made by the City for Project Costs. The Authority agrees that none of the funds in the Project Fund shall be used for any purposes other than payment or reimbursement of Project Costs and the payment of principal of, premium (if any) on and interest on the Bonds. (e) If the proceeds of the Bonds, together with any other moneys available to pay the costs of acquisition, construction, and equipping of the Facilities, shall not be sufficient to pay such costs in full, then the City shall pay all that portion of the costs in excess of the moneys available therefor. If the City shall make any payments pursuant to this paragraph (e), it shall not be entitled to any reimbursement therefor from the Authority or the Owners of the Bonds, nor shall it be entitled to any diminution in or postponement of the payment of the Lease Payments, the Additional Lease Payments or the payment of any other amounts payable under this Lease. (f) The Completion Date shall be the date on which the Facilities are completed in their entirety and are ready to be placed in service and all other property which constitutes the Facilities has been acquired and installed, all as determined by the City. Promptly after the Completion Date, the City shall submit to the Authority a certificate signed by an officer of the City, substantially in the form of EXHIBIT C hereto, which shall specify the Completion Date and shall state that construction of the Facilities has been completed and the costs thereof have been paid, except for any portion thereof which has been incurred but is not then due and payable, or the liability for the payment of which is being contested or disputed by the City. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date thereof or which may subsequently come into being. The certificate as to the Completion Date shall include a list of the equipment fmanced with proceeds of the Bonds and included as part of the Facilities. (g) Upon the Completion Date, the Authority shall transfer any remaining balance in the Project Fund to the Debt Service Fund for the Bonds in accordance with the Bond Resolution. 460515v2 JAE LN140-112 9 ARTICLE IV Lease and Sale of Facilities Section 4.1. Lease and Sale of Facilities. The Authority hereby leases and sells its leasehold interest in the Site and the Facilities to the City, and the City hereby leases and purchases the Authority's interest in the Site and the Facilities from the Authority, upon the terms and conditions set forth in this Lease. The sale shall be completed in accordance with the terms of Section 5.5 hereof. The Site and the Facilities are leased and sold in their present condition without representation or warranty of any kind by the Authority, and subject to the rights of parties in possession, to the existing state of title, to all applicable legal requirements now or hereafter in effect, and to Permitted Encumbrances. The City has examined the Site and title thereto and has found all of the same to be satisfactory for the purposes of this Lease. Section 4.2. Lease Payments. Subject to the provisions of Section 4.4 hereof, the City shall pay to the Authority Lease Payments at the times and in the manner specified in the attached EXHIBIT B. The Lease Payments shall be paid in lawful money of the United States of America, in same-day funds, directly to the Paying Agent. It is acknowledged that the Lease Payment to be made on each February 1 or August 1 shall be applied by the Paying Agent to payment of the principal of and interest on the Bonds to be paid on the same date. Section 4.3. Additional Lease Payments. During the Term of Lease, the City shall pay or cause to be paid as Additional Lease Payments the following amounts: (a) All fees, charges and expenses, including agent and counsel fees, of the Bond Registrar and Paying Agent, as and when the same become due. (b) All costs incident to the payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable, including redemption premiums, if any, and all other costs and expenses in connection with the call, redemption and payment of Bonds. (c) An amount sufficient to reimburse the Authority for all expenses reasonably incurred by the Authority hereunder and in connection with the performance of the Authority's obligations under this Lease or the Bond Resolution. (d) All expenses incurred in connection with the enforcement of any rights under this Lease by the Authority or the Owners of the Bonds. (e) All other payments of whatever nature which the City has agreed to pay or assume under the provisions of this Lease (including, without limitation, any amounts advanced under Section 6.2(b) hereof and interest thereon). (f) All costs, charges, expenses and other amounts and obligations due and owing by the Authority under the Ground Lease, as and when the same become due. Section 4.4. Source of Lease Payments. Notwithstanding any other provision of this Lease to the contrary, this Lease shall not constitute a general obligation of the City, and the full faith and credit of the City are not pledged for the payment of the Lease Payments or the performance by the City of its obligations hereunder. The Lease Payments and Additional Lease Payments shall be paid, and other obligations of the 460515v2 JAE LN140-112 10 City hereunder shall be met, solely from the amount appropriated by the City Council for such purpose in the City's annual budget and shall constitute a current expense of the City for the Fiscal Year then in effect. It shall not constitute an indebtedness of the City within the meaning of the Constitution and laws of the State of Minnesota. The other obligations of the City hereunder shall be met solely from one or more of the following: (a) Net Proceeds of insurance or self-insurance required to be maintained by the City under Article VII hereof; (b) Net Proceeds of any condemnation award with respect to the Site and Facilities; and (c) moneys from time to time appropriated by the City Council for this purpose, provided that the City Council shall have no legal obligation to appropriate moneys for this purpose. Section 4.5. City's Obligations and Remedies. (a) Except as provided in Section 5.6 hereof, the City's obligation to pay Lease Payments due with respect to the Site and the Facilities, and to perform and observe all other covenants and agreements of the City contained herein, shall be absolute and unconditional; and the Lease Payments and Additional Lease Payments due and payable hereunder shall be made without notice or demand and without set-off, counterclaim, abatement, deduction or defense including, without limitation, any failure or delay by the Authority in the performance of any of its obligations hereunder, and irrespective of whether the Facilities shall have been started or completed, or whether the City's or the Authority's title thereto or to any part thereof is defective or nonexistent, and notwithstanding any damage to, loss, theft or destruction of the Facilities or any part thereof, any failure of consideration, the taking by eminent domain of title to or of the right of temporary use of all or any part of the Facilities, legal curtailment of the City's use thereof, the eviction or constructive eviction of the City, any change in the tax or other laws of the United States of America, the State of Minnesota or any political subdivision thereof, any change in the Authority's legal organization or status, or any default of the Authority hereunder, and regardless of the invalidity of any action of the Authority, and regardless of the invalidity of any portion of this Lease. (b) Notwithstanding any provision or covenant contained in this Lease or the Bonds, the City is not obligated to renew the Lease beyond any Fiscal Year from time to time in effect, nor is it obligated to budget or appropriate moneys or to pay Lease Payments or Additional Lease Payments beyond the end of the Fiscal Year in effect at a given time. (c) Nothing in this Lease shall be construed to release the Authority from the performance of any agreement on its part herein contained or as a waiver by the City of any rights or claims which the City may have against the Authority under this Lease or otherwise, but any recovery upon such rights and claims shall be had from the Authority separately, it being the intent of this Lease that the City shall be unconditionally and absolutely obligated to perform fully all of its obligations, agreements and covenants under this Lease during the Term of Lease unless sooner terminated in accordance with Section 5.2 hereof (including the obligation to make Lease Payments and Additional Lease Payments) for the benefit of the Owners of the Bonds. The City may, however, at its own cost and expense and in its own name or in the name of the Authority, prosecute or defend any action or proceeding or take any other action involving third persons which the City deems reasonably necessary in order to secure or protect its right of possession, occupancy and use hereunder, and in such event the Authority hereby agrees to cooperate fully with the City and to take all action necessary to effect the substitution of the City for the Authority in any such action or proceeding if the City shall so request. Section 4.6. Possession and Enjoyment. The Authority hereby covenants to provide the City during the Term of Lease with quiet use and enjoyment of the Site and Facilities, and the City shall during such Term peaceably and quietly have and hold and enjoy the Site and Facilities, without suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease. At the request of the City and at the City's 460515v2 JAE LN140-112 11 cost, the Authority will join in any legal action in which the City asserts its right to such possession and enjoyment to the extent the Authority may lawfully do so. Section 4.7. Authority Access to Site and Facilities. The Authority shall have the right at all reasonable times to examine and inspect the Site and Facilities, and shall have such rights of access to the Site and Facilities as may be reasonably necessary to cause the proper maintenance thereof in the event of failure by the City to perform its obligations hereunder. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 12 ARTICLE V Term of Lease; Transfer or Surrender of Site and Facilities Section 5.1. Term of Lease. Subject to the provisions of Section 5.6 hereof, this Lease shall be in effect for a term commencing upon the execution hereof and ending on February 1, 2036. Section 5.2. Termination of Term of Lease. The Term of Lease will terminate upon the occurrence of the first of the following events: (a) non -appropriation by the City pursuant to Section 5.6 hereof; (b) the payment by the City of the Purchase Price, pursuant to Section 8.1 hereof; (c) the discharge by the City of its obligation to pay the Lease Payments and Additional Lease Payments required to be paid by it hereunder pursuant to Section 8.3 hereof; or (d) a default by the City and the Authority's election to terminate this Lease pursuant to Article X hereof. Section 5.3. Authority's Interest in the Site and Facilities. Upon payment of all Lease Payments and Additional Lease Payments due hereunder, or upon prepayment of the Lease Payments and Additional Lease Payments or discharge of the City's obligation to make the Lease Payments and Additional Lease Payments in accordance with Article VIII hereof, and in either event, upon defeasance of the Bonds, full and unencumbered legal title to the Facilities shall pass to the City, and the Authority shall have no further interest therein. In such event the Authority and its officers shall take all actions necessary to authorize, execute and deliver to the City any and all documents necessary to vest in the City, all of the Authority's right, title and interest in and to the Site and Facilities, free and clear of all liens, leasehold interests, encumbrances (other than Permitted Encumbrances), including, if necessary, a release of any and all interests or liens created under the provisions of this Lease. Section 5.4. Surrender of Site and Facilities. Upon termination of the Term of Lease pursuant to Section 5.2(a) or 5.2(d), or upon exercise by the Authority of its right to take possession of the Site and Facilities under Section 10.2 hereof, the City shall surrender the Site and Facilities to the Authority in the condition in which they were originally received from the Authority, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby, ordinary wear and tear excepted. The City shall have the right to remove from the Site and Facilities at or prior to such termination or possession all personal property located therein which was not financed with proceeds of the Bonds, or which has not replaced personal property so financed, and which is not otherwise owned by the Authority, but the City shall repair any damages caused by such removal. Section 5.5. Purchase; Conveyance of Title. At any time when the Purchase Price, together with any unpaid or delinquent interest, has been fully paid or provided for, whether by (i) payment of all Lease Payments and Additional Lease Payments as provided in Section 8.1 hereof, or (ii) payment or provision for payment of the Purchase Price as provided in Article VIII hereof, then the purchase of the Site and the Facilities by the City shall be deemed to have been completed. The Authority shall thereupon deliver to the City such instruments of conveyance or release as, in the opinion of the City, may be necessary to release the interest of the Authority in the Site and Facilities. 460515v2 JAE LN140-112 13 Section 5.6. Non -Appropriation. If the City Council does not appropriate or budget moneys sufficient to pay the Lease Payments and reasonably estimated Additional Lease Payments coming due in the next Fiscal Year, as determined by the City's budget for the Fiscal Year in question, then the Term of Lease shall tenninate at the end of the preceding Fiscal Year. The City Council shall effect such non -appropriation by adoption of a resolution specifically referring to this Lease and determining (i) not to provide moneys for payments due hereunder in the next Fiscal Year and (ii) that the Lease shall terminate at the end of the then - current Fiscal Year, and the City shall give the Authority a written notice of such non -appropriation and shall pay to the Authority any Lease Payments and Additional Lease Payments which are due and have not been paid at or before the end of its then current Fiscal Year. The City shall endeavor to give as much notice of non -renewal as possible prior to the end of such Fiscal Year, but in any event the City shall not be required to give more than twelve (12) months' notice, and the City shall notify the Authority of any anticipated termination. In the event of termination of this Lease as provided in this Section, the City shall surrender possession of the Site and Facilities to the Authority in accordance with Section 5.4 hereof and convey to the Authority or release its interest in the Site and Facilities within ten (10) days after the expiration of the then current term. Section 5.7. Intent to Continue Term; Appropriations. The City presently intends to continue this Lease for the entire Term of Lease and to pay all Lease Payments specified in EXHIBIT B and Additional Lease Payments. The City reasonably believes that moneys in an amount sufficient to make all such Lease Payments and Additional Lease Payments can and will lawfully be appropriated or budgeted and made available. Section 5.8. Effect of Termination. Upon termination of this Lease as provided in Section 5.6 hereof, the City shall not be responsible for the payment of any Lease Payments or Additional Lease Payments coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession of the Site and Facilities to the Authority in accordance with Section 5.4 hereof and conveyed to the Authority or released its interest in the Site and Facilities within ten (10) days after the termination date, the termination shall nevertheless be effective, but the City shall be responsible for the payment of damages in an amount equal to the amount of the Lease Payments thereafter coming due under EXHIBIT B and Additional Lease Payments which are attributable to the number of days during which the City fails to take such actions and for any other loss suffered by the Authority as a result of the City's failure to take such actions as required. The City shall be required to pay over to the Authority any moneys which it has appropriated or budgeted for the purpose of paying obligations under this Lease for any Fiscal Years preceding the Fiscal Year for which non -renewal under Section 5.6 hereof is effective. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank ) 14 ARTICLE VI General Matters Section 6.1. Use; Permits. The City shall exercise due care in the use, operation and maintenance of the Site and Facilities, and shall not use, operate or maintain the Site and Facilities improperly, carelessly, in violation of any State and Federal Law or for a purpose or in a manner contrary to that contemplated by this Lease. The City shall obtain or cause to be obtained all permits and licenses necessary for the operation, possession and use of the Site and Facilities. The City shall comply with all State and Federal Laws applicable to the operation, possession and use of the Site and Facilities, and if compliance with any such State and Federal Law requires changes or additions to be made to the Site and Facilities, such changes or additions shall be made by the City at its expense. Section 6.2. Maintenance and Modification of Facilities by the City. (a) During the Term of Lease the City shall, at its own expense, maintain, preserve and keep the Site and the Facilities in good repair, working order and condition, and shall from time to time make all repairs, replacements and improvements necessary to keep the Site and the Facilities in such condition. The Authority shall have no responsibility for any of these repairs, replacements or improvements. In addition, the City shall, at its own expense, have the right to remodel the Facilities or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall thereafter comprise part of the Facilities and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage the Facilities; and the Facilities, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value not less than the value of the Facilities immediately prior to the making of such additions, modifications and improvements. Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by the City in such manner and on such terms as are determined by the City. The City will not peunit any mechanic's or other lien to be established or remain against the Site and Facilities for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by the City pursuant to this Section; provided that if any such lien is established and the City shall first notify the Authority of the City's intention to do so, the City may in good faith contest any lien filed or established against the Site or the Facilities, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless the Authority shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of the Authority in the Site or the Facilities will be materially endangered or the Site or the Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide the Authority with full security against any such loss or forfeiture, in form satisfactory to the Authority. The Authority will cooperate fully with the City in any such contest, upon the request and at the expense of the City. (b) In the event the Authority becomes aware of any condition on the Site or in the Facilities which, in the reasonable opinion of the Authority, creates a risk to the health and safety of any users of the Facilities or creates a risk of significant deterioration of the Facilities if not corrected, the Authority may, but shall be under no obligation to, notify the City of such condition and request that it be cured as promptly as is reasonably possible. In the event the City does not promptly cure such condition, the Authority may, but shall be under no obligation to, take reasonable steps to correct such condition. In such event, the cost to the Authority and interest thereon at the highest rate specified in any Bond until paid will be charged to the City as an Additional Lease Payment. 460515v2 JAE LN140-112 15 Section 6.3. Taxes, Other Governmental Charges and Utility Charges. During the Term of Lease the City shall also pay or cause to be paid when due all gas, water, steam, electricity, heat, power and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Site and the Facilities. The City shall also pay all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Site or the Facilities or any part thereof or the Lease Payments, and which become due during the Term of Lease with respect thereto; and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Site or the Facilities; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of Lease as and when the same become due. The City shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by the Authority, its successors or assigns, unless such tax is made in lieu of or as a substitute for any real estate or other tax upon property. The City may, at the City's expense and in the City's name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any such items the interest of the Authority in the Site or the Facilities will be materially endangered or the Site, the Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority. Section 6.4. Liens. The City shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Site or the Facilities, except the respective rights of the Authority and the City as herein provided and Permitted Encumbrances. Except as expressly provided in this Article, the City shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. The City shall reimburse the Authority for any expense incurred by it in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim Section 6.5. Easements. The Authority will from time to time, at the request of the City and at the City's cost and expense, cooperate and join with the City: (a) in granting easements and other rights in the nature of easements, releasing existing easements or other rights in nature of easements which are for the benefit of the Site or the Facilities; (b) in executing amendments to any covenants and restrictions affecting the Site or the Facilities; (c) in executing and delivering to any person any instrument appropriate (i) to confirm or to the effect that such grant, release or execution is not detrimental to the proper conduct of the operations of the City on or in the Site or the Facilities, (ii) to show the consideration, if any, being paid for such grant, release or amendment, (iii) to show that such grant, release, dedication, transfer, petition or amendment does not materially impair the use of the Site or the Facilities or reduce the value of the Site or the Facilities, or (iv) to confirm that the City will remain obligated hereunder to the same extent as if such grant, release, or amendment had not been made, and the City will perform all obligations under such instrument. The consideration, if any, received by the Authority or the City for such grant, release, or amendment shall be applied to the payment of the Bonds. Section 6.6. Addition and Substitution of Land. The Authority and the City agree to add to the Ground Lease and this Lease certain additional interests in land, and to release from the Ground Lease and this Lease certain portions of the Site, and to substitute other interests in real property for some or all of the portions of the Site so released, but only upon the conditions hereinafter set forth: 460515v2 JAE LN140-112 16 (1) The City may, from time to time, add additional real property to the Site subject to the Ground Lease and this Lease if (i) the additional real property is to be the site of a portion of the Facilities, and (ii) the City provides the Authority with an adequate legal description and survey of the Site, satisfactory to the Authority. (2) The City may, from time to time and with the prior written consent of the Authority, obtain the release of a portion of the Site as now described, if (i) the City certifies that such portion of the Site is not reasonably necessary for the construction the Facilities and (ii) the unreleased portion of the Site is not impaired by such release with respect to ingress and egress, access to dedicated roads and use of the unreleased portion of the Site for its then current or intended purposes. (3) To accomplish the addition, release or substitution of real property as described in paragraph (1) or (2), the City shall prepare and furnish to the Authority amendments or supplements to this Lease, the Ground Lease and any UCC Financing Statements filed in connection with this Lease. The City shall pay all expenses, including attorneys' fees, incurred in accomplishing any such addition, release or substitution. Section 6.7. Compliance with Bond Resolution. During the Term of Lease, the City agrees to perform all obligations imposed upon the Authority or the City by the Bond Resolution. Section 6.8. Tax Covenants. (a) The City covenants and agrees with the Authority for the benefit of the Owners from time to time of the Bonds that it will take, and will cause its officers, employees or agents to take, all actions necessary to comply with the applicable provisions of the Code, and that it will not take or permit to be taken by any of its officers, employees or agents any actions that would cause the interest on the Bonds to become subject to federal income taxation under the applicable provisions of the Code. (b) None of the proceeds of the Bonds will be used, directly or indirectly, to replace funds which were used in any business carried on by any person other than a state or local governmental unit. (c) The payment of the Lease Payments will not be (A) directly or indirectly secured by any interest in (i) property used or to be used for a private business use by any person other than a state or local governmental unit or (ii) payments in respect of such property, or (B) directly or indirectly derived from payments (whether or not by or to the Authority or the City), in respect of property or borrowed money, used or to be used for a private business use by any person other than a state or local governmental unit. (d) None of the proceeds of the Bonds will be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (e) Except as provided below, no user of the Facilities or other property financed with proceeds of the Bonds will use the Facilities or such other property in a trade or business on any basis other than the same basis as the general public; and no person other than a state or local governmental unit will be a user of the Facilities or such other property in a trade or business as a result of (i) ownership, or (ii) actual or beneficial use pursuant to a lease or a management or incentive payment contract, or (iii) joint venture or any other similar arrangement. Notwithstanding the foregoing, the City may permit a portion of the useable square footage of the Facilities to be used in the trade or business of a person other than a governmental unit, subject to the same conditions that apply to any sublease by the City under Section 9.2 hereof (e.g., consent of the Authority and receipt of an opinion of nationally recognized bond counsel). 460515v2 JAE LN140-112 17 Section 6.9. Rebate. The City shall take such actions and make all calculations, transfers and payments that may be necessary to comply with the rebate requirements contained in Section 148(f) of the Code. The City will compute the rebate requirement and make rebate payments in accordance with law. The City must make periodic computations of the amount to be paid to the United States under Section 148(0 of the Code and transfer the appropriate amount to the United States or to the Authority for transfer to the United States. The City will use any funds legally available to make any such required deposit or rebate payment. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 18 ARTICLE VII Insurance and Indemnification; Damage, Destruction and Condemnation Section 7.1. Liability Insurance. During the Term of Lease the City shall procure and maintain continuously in effect with respect to the Site and the Facilities, insurance against liability for injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the maintenance, use or operation of the Site, the Facilities or any part thereof, in amounts not less than the City's tort liability limits under Minnesota Statutes, Chapter 466 ("Chapter 466") for death of or personal injury to any one person, in amounts not less than the City's tort liability limits under Chapter 466 for all personal injuries and deaths arising out of any one occurrence, and in amounts not less than the City's tort liability limits under Chapter 466 for property damage arising out of any one occurrence. The Net Proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which the insurance proceeds may be paid. It is understood that with respect to persons or entities other than the Authority, this insurance covers any and all liability of the City and its officers, employees and agents. As an alternative to the purchase of liability insurance, the City may self -insure against such liabilities in accordance with the provisions of applicable law. Policies of commercial insurance may include deductibles of no more than ten percent (10%) of policy amounts. Section 7.2. Property Insurance. During the Term of Lease, the City shall procure and maintain continuously in effect, to the extent of the full insurable value of the Facilities, other than building foundations, but in an amount at least equal to the principal amount of the outstanding Bonds from time to time, insurance against loss from or damage by vandalism and fire, with a uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State of Minnesota, in such amount as will be at least sufficient so that a claim may be made for the full replacement cost of any part thereof damaged or destroyed. All policies (or endorsements or riders) evidencing insurance required in this Section shall be carried in the names of the City and the Authority, as their respective interests may appear. The Net Proceeds of insurance required by this Section shall be applied as provided in this Article. Section 7.3. Administration of Claims, Etc. Neither the City nor the Authority shall be required to prosecute any claim against or contest any settlement proposed by any insurer, but any of them may prosecute any such claim or contest any such settlement. In the event of a contest by the City, it shall be at the City's expense, and the City may bring such claim or contest in the name of the Authority, the City or both, and the Authority will join therein at the City's written request upon the receipt by the Authority of an indemnity from the City against all costs, liabilities and expenses in connection with such claim or contest. Section 7.4. Other Insurance and Requirements for All Insurance. All insurance required by this Article may be carried under a separate policy or a rider or endorsement; shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota; shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to the City and the Authority at least thirty (30) days before the cancellation or revision becomes effective; and shall name the City and the Authority as insured parties. The insurance required by Sections 7.1 and 7.2 hereof may be provided by the City pursuant to an umbrella policy which provides coverage for the amounts and the insurable incidents provided in such Sections. Annually, the City shall deposit with the Authority policies evidencing any such insurance procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in force and effect. Before the expiration of any such policy, the City shall furnish to the Authority evidence that the 460515v2 JAE LN140-112 19 policy has been renewed or replaced by another policy conforming to the provisions of this Article, unless such insurance is no longer obtainable. Section 7.5. Indemnification. As between the Authority and the City, to the extent permitted by the laws of the State of Minnesota, the City assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Facilities and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of the City, the Authority or of third parties, and whether such property damage be to the City or the Authority's property or the property of others, which is proximately caused by the negligent conduct of the City, its officers, employees, agents and lessees, or arising out of the operation, maintenance or use of the Site and the Facilities by the City, its officers, employees, agents and lessees. The City hereby assumes responsibility for and agrees to reimburse the Authority for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against the Authority or its officers or employees that in any way relate to or arise out of a claim, suit or proceeding based in whole or in part on the foregoing, to the maximum extent permitted by law. Section 7.6. Hazardous Substance Indemnification. The City agrees, to the extent permitted by the laws of the State of Minnesota, to defend, indemnify and hold harmless the Authority, its officers, employees, agents, successors and assigns (the "Indemnitees") from and against, and shall reimburse the Indemnitees for, any and all loss, claim, liability, damage, judgment, penalty, injunctive relief, injury to personal property or natural resources, cost, expense, action or cause of action arising in connection with or as the result of any past, present or future existence, use, handling, storage, transportation, manufacture, release or disposal of any Hazardous Substance in, on or under the Site, whether foreseeable or unforeseeable, regardless of the source, the time of occurrence or the time of discovery (collectively referred to as "Loss"). This indemnification against Loss includes, without limitation, indemnification against all costs in law or in equity or removal, response, investigation, or remediation of any kind, and disposal of such Hazardous Substances, all costs of determining whether the Site is in compliance with, and of causing the Site, to be in compliance with, all applicable Environmental Laws, all costs associated with claims for damages to persons, property, or natural resources, and the Indemnitees' reasonable attorneys' and consultants' fees, court costs and expenses incurred in connection with any of the above. For this purpose "Hazardous Substance" shall be defined as any substance, the presence of which requires investigation, permitting, control or remediation under any federal, state or local statute, regulation, ordinance or order, including without limitation: (a) any substance defined as "hazardous waste" under the Resource Conservation and Recovery Act, as amended (42 U.S.C. §6901, et seq.); (b) any substance defined as a "hazardous substance" under the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. §9601, et seq.); (c) any substance defined as a "hazardous material" under the Hazardous Materials Transportation Act (49 U.S.C. §5101, et seq.); (d) any substance defined under any Minnesota statute analogous to (a), (b) or (c), to the extent that said statute defines any term more expansively; (e) asbestos; (f) urea formaldehyde; (g) polychlorinated biphenyls; (h) petroleum, or any distillate or fraction thereof; (i) any hazardous or toxic substance designated pursuant to the laws of the State of Minnesota; and (j) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority. Section 7.7. Damage, Destruction and Condemnation. If the Facilities or any portion thereof is destroyed (in whole or in part) or is damaged by fire or other casualty or title to or the temporary use of the Facilities or any part thereof or the interest of the City or the Authority in the Site or the Facilities or any part thereof is taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, the City shall have the rights with respect to the Net Proceeds of any insurance or condemnation award specified in this Section, but the City shall be obligated to continue to pay the Lease Payments and Additional Lease Payments due with respect to the Facilities. All Net Proceeds shall be applied to the prompt repair, restoration, modification, improvement or replacement of the Site and the Facilities by the City, or, if the City elects not to repair or rebuild, all Net 460515v2 JAE LN140-112 20 Proceeds shall be applied to prepay the Lease Payments and Additional Lease Payments; in either event all Net Proceeds not needed for the purpose shall belong to the City. Section 7.8. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification, improvement or replacement of the Site and the Facilities, the City shall either: (a) complete the work and pay any cost in excess of the amount of the Net Proceeds, and the City agrees that if by reason of any such insufficiency of the Net Proceeds, the City shall make any payments pursuant to the provisions of this Section 7.8, the City shall not be entitled to any reimbursement therefor from the Authority nor shall the City be entitled to any diminution of the Lease Payments or Additional Lease Payments due with respect to the Facilities; or (b) prepay the Lease Payments and Additional Lease Payments, in which event the Net Proceeds shall be used for this purpose. If the City elects not to repair, rebuild or restore, the City shall prepay or discharge the Lease Payments and Additional Lease Payments to the full extent of the Net Proceeds. Section 7.9. Cooperation of Authority. The Authority shall cooperate fully with the City at the expense of the City in filing any proof of loss with respect to any insurance policy covering the casualties described in Section 7.7 hereof and in the prosecution or defense of any prospective or pending condemnation proceeding with respect to the Site or the Facilities or any part thereof and will, to the extent it may lawfully do so, permit the City to litigate in any proceeding resulting therefrom in the name of and on behalf of the Authority. In no event will the Authority voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim or any prospective or pending condemnation proceeding with respect to the Site or the Facilities or any part thereof without the written consent of the City. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 21 ARTICLE VIII Option to Purchase; Option to Prepay Section 8.1. Option to Purchase or Prepay. The City shall have the option at any time to purchase the Site and Facilities by payment to the Authority of the Purchase Price then applicable, or to prepay unpaid Lease Payments and Additional Lease Payments, in whole or in part. Section 8.2. Exercise of Option. The City shall give notice to the Authority of its intention to exercise its purchase or prepayment option not less than forty-five (45) days in advance of the date of prepayment or purchase, and shall pay to the Authority on the date of prepayment or purchase the prepayment amount or (in the event of a purchase) an amount equal to the then current Purchase Price, less any Net Proceeds to be applied to the amount to be so paid in accordance with Section 7.8 hereof. Section 8.3. Provision for Payment of Purchase Price; Discharge of City's Obligation. The City may at any time provide for the payment of the Purchase Price or discharge its obligation to pay Lease Payments due under this Lease by: (a) depositing with the Paying Agent cash in the amount specified in Section 8.2 hereof; or (b) depositing irrevocably in escrow with a bank or trust company, cash or direct obligations of the United States, bearing interest payable at such times and at such rates and maturing on such dates, but not callable prior thereto, as shall be required to provide moneys sufficient to pay or prepay all unpaid Lease Payments and the applicable redemption premium, if any, on the Outstanding Bonds, on the dates when they are due or subject to prepayment as provided in Section 8.1, as determined by the City, together with (i) computations and an opinion letter of a certified public accounting firm showing and attesting to the sufficiency of such moneys and securities for this purpose, and (ii) an opinion letter of Bond Counsel stating that the deposit of such cash or securities will not cause the Bonds to become "arbitrage bonds" under Section 148 of the Code. Section 8.4. Prerequisite; No Default. The City may exercise the rights specified in Sections 8.1, 8.2, and 8.3 hereof only if it is not in default under this Lease or if such exercise cures any default then existing. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank ) 22 ARTICLE IX Assignment, Subleasing, Indemnification, Mortgaging and Selling Section 9.1. Assignment by Authority. Except as expressly provided in this Section, the Authority's rights and obligations under this Lease, including the right to receive and enforce payment of the Lease Payments and Additional Lease Payments to be made by the City under this Lease and its interest in the Site and the Facilities, shall not be assigned, pledged, mortgaged or transferred, in whole or in part. The rights and obligations of the Authority may be transferred and assigned to any legal successor to the functions of the Authority. Section 9.2. Assignment and Subleasing by the City. The rights and obligations of the City under this Lease may not be assigned by the City without the written consent of the Authority. The City may sublease the Facilities, or any portion thereof, to any other entity, provided that the City furnishes to the Authority an Opinion of Counsel, who is nationally recognized bond counsel, that such sublease will not adversely affect the validity of the Outstanding Bonds or the exemption of the interest thereon from federal income taxation. Section 9.3. Restriction on Mortgage or Sale by the City. Without the prior written consent of the Authority, the City will not mortgage, sell, assign, transfer or convey the Site or the Facilities or any portion thereof during the Term of Lease. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 23 ARTICLE X Events of Default and Remedies Section 10.1. Events of Default Defined. Any one or more of the following events shall be an "Event of Default" under this Lease: (a) Failure by the City to pay any Lease Payment, Additional Lease Payment, or other payment required to be paid hereunder at the time and from the sources specified herein. (b) Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in clause (a) of this Section, for a period of sixty (60) days after written notice specifying such failure and requesting that it be remedied has been given to the City by the Authority, unless the Authority shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the Authority shall not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the City within the applicable period and diligently pursued until the default is corrected. (c) The occurrence of any of the following events: (i) The City shall (a) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or the like of the City or of all or a substantial part of its property, (b) commence a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), or (c) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up or composition or adjustment of debts; or (ii) A proceeding or case shall be commenced, without the application or consent of the City, as the case may be, in any court of competent jurisdiction, seeking (a) the liquidation, reorganization, dissolution, winding -up, or the composition or adjustment of debts, of the City, (b) the appointment of a trustee, receiver, custodian, liquidator or the like of the City, or (c) similar relief in respect of the City under any law relating to bankruptcy, insolvency, reorganization, winding -up or composition or adjustment of debts, and such proceeding or case has not been dismissed within sixty (60) days of the filing thereof. The provisions of Section 10.1(b) are subject to the following limitation: if by reason of force maieure either party is unable in whole or in part to carry out its obligations under this Lease, it shall not be deemed in default during the continuance of such inability or during any other delays which are a direct consequence of the force majeure inability, and the time for such performance shall be extended to cover such delays. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or any of its departments, agencies or officials, or any civil or military authority, or the State of Minnesota or any of its departments, agencies or officials; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of a party and not resulting from its negligence. Each party agrees, however, to remedy with all reasonable dispatch the cause or causes preventing it from carrying out its agreements. 460515v2 JAE LN140-112 24 Section 10.2. Remedies on Default. Whenever any Event of Default shall have happened and be continuing, the Authority may take, but only upon not less than five (5) days' written notice to the City, one or any combination of the following remedial steps: (a) Without terminating this Lease, re-enter and take possession of the Site and the Facilities and exclude the City from using the Site and the Facilities until the Event of Default is cured; or (b) Subject to the provisions of Section 5.6 hereof, take any action at law or in equity which may appear necessary or desirable to: (i) collect the Lease Payments and Additional Lease Payments then due for the Fiscal Year then in effect, (ii) collect any Lease Payments and Additional Lease Payments to become due and payable during the current Fiscal Year, or (iii) enforce performance and observance of any obligation, agreement or covenant of the City under this Lease; or (c) Terminate this Lease, exclude the City from possession of the Site and the Facilities, and use its best efforts to lease the Site and the Facilities to another for the account of the City, holding the City liable for the difference between the rentals received and the Lease Payments and Additional Lease Payments which would have been receivable hereunder for the Fiscal Year then in effect. This provision does not limit any other remedies which the Authority may have under any other document or provision of law. Section 10.3. Delay; Notice. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any part to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as may be required in this Lease. Section 10.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Lease is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 25 ARTICLE XI Administrative Provisions Section 11.1. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in certified or registered form with postage fully prepaid: If to the City: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Attention: City Administrator If to the Authority: Lino Lakes Economic Development Authority 600 Town Center Parkway Lino Lakes, MN 55014 Attention: Executive Director The above-named persons, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 11.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the Authority and the City and their respective successors and assigns. Section 11.3. Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.4. Amendments, Changes and Modifications. This Lease may be amended or any of its terms modified only by written amendment authorized and executed by the City and the Authority. Section 11.5. Further Assurances and Corrective Instruments. The Authority and the City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Site and the Facilities or for carrying out the expressed intention of this Lease. Section 11.6. Execution in Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.7. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 11.8. Authorized Officers. Whenever under the provisions of this Lease the approval of the Authority or the City is required, or the Authority or the City is required to take some action at the request of the other, such approval of such request shall be given for the Authority or for the City by an Authorized Officer, and any party hereto shall be authorized to rely upon any such approval or request. 460515v2 JAE LN140-112 26 Section 11.9. Captions. The captions or headings in this Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Lease. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 27 IN WITNESS WHEREOF, the Authority has caused this Lease to be executed in its corporate name by its duly authorized officers and the City has caused this Lease to be executed in its name by its duly authorized officers, all as of the date and year first written above. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by , the President of the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by , the Executive Director of the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. 460515v2 JAE LN140-112 Notary Public S-1 Execution page of the City to the Lease, dated as of the date and year first written above. CITY OF LINO LAKES, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of June, 2015, by Jeff Reinert, the Mayor of the City of Lino Lakes, Minnesota, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by Jeff Karlson, the City Administrator of the City of Lino Lakes, Minnesota, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the City. 460515v2 JAE LN140-112 Notary Public S-2 EXHIBIT A DESCRIPTION OF SITE AND PERMITTED ENCUMBRANCES Legal Description of the Site Permitted Encumbrances 460515v2 JAE LN140-112 A-1 EXHIBIT B SCHEDULE OF LEASE PAYMENTS Payment Date Principal Interest Rate Interest Total Payment 02/01/2016 08/01/2016 02/01/2017 08/01/2017 02/01/2018 08/01/2018 02/01/2019 08/01/2019 02/01/2020 08/01/2020 02/01/2021 08/01/2021 02/01/2022 08/01/2022 02/01/2023 08/01/2023 02/01/2024 08/01/2024 02/01/2025 08/01/2025 02/01/2026 08/01/2026 02/01/2027 08/01/2027 02/01/2028 08/01/2028 02/01/2029 08/01/2029 02/01/2030 08/01/2030 02/01/2031 08/01/2031 02/01/2032 08/01/2032 02/01/2033 08/01/2033 02/01/2034 08/01/2034 02/01/2035 08/01/2035 02/01/2036 460515v2 JAE LN140-112 B-1 EXHIBIT C FORM OF COMPLETION CERTIFICATE I, the undersigned, hereby certify that I am the duly qualified and acting City Administrator of the City of Lino Lakes, Minnesota (the "City"); and, with respect to the Lease -Purchase Agreement, dated as of June 1, 2015 (the "Lease"), by and between the City and the Lino Lakes Economic Development Authority (the "Authority"), that: 1. The Facilities described in the Lease have been completed, delivered, and installed in accordance with the City's specifications. 2. The City has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Lease Payments required to be paid under the Lease during the current Fiscal Year of the City, and such moneys will be applied in payment of all Lease Payments due and payable during such current Fiscal Year. 3. Attached as Exhibit A to this Certificate is a list of the equipment financed with proceeds of the Bonds and utilized within the Facilities. Capitalized terms used in this Certificate have the meaning provided in the Lease. Dated: , 20 . 460515v2 JAE LN140-112 CITY OF LINO LAKES, MINNESOTA By Its City Administrator C-1 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY AGENDA ITEM 4A(ii) STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION Al Rolek May 11, 2015 Consider Resolution 15-03 Approving Post -Issuance Compliance Procedure and Policy for Tax -Exempt Governmental Bonds Simple Majority The EDA's Bond Counsel has determined that for purposes of reporting bond sale information to the Internal Revenue Service (IRS) and for ongoing reporting requirements it would be prudent for the EDA to adopt a formal post -issuance compliance procedure and policy for Authority -issued tax exempt bonds. This policy is identical to the policy adopted by the Lino Lakes City Council on October 22, 2012. BACKGROUND In order for the EDA Lease -Revenue Series 2015 Bonds to retain their tax-exempt status, the EDA is required to comply with various rules after the bonds have closed. In a letter to staff, Bond Counsel Julie Eddington of Kennedy and Graven points out two key rules as follows: 1. Issuers must ensure that the facilities financed with proceeds of the bonds continue to be used for public purposes. If the use is later changed to a private use (or certain other things happen that would render the bonds taxable), the issuer must take a "remedial action" to prevent the bonds from losing their tax-exempt status. Usually, this means all or a portion of the bonds must be redeemed or defeased. 2. Issuer must also ensure that proceeds of the bonds are used in a way that complies with complex rules under Section 148 of the Code governing "arbitrage." Arbitrage is the term for what happens if the City invests proceeds of tax-exempt bonds at a higher rate than the interest payable on the bonds. In some cases, the City may in fact earn this arbitrage, but still must rebate the amounts earned to the federal government. While the EDA is not technically required to have written procedures on these matters, the new IRS Form 8038-G provides strong incentive to adopt such procedures, as it will not be in the Authority's interest to file the new form without checking "yes" in these two boxes. The procedures help show the IRS that the City has a strategy for compliance with the rules described above. The draft Policy responds to the IRS concerns. It generally designates the Executive Director as the EDA staff person responsible to oversee compliance with the various post -issuance rules. The Policy recognizes that the EDA's financial advisor and bond counsel will play significant roles in these efforts, both assisting staff, and in some cases undertaking certain tasks directly. The Policy simply puts in writing what the Authority has done (and should do) as a matter of practice. This does not represent a significant Policy change, but merely formalizes how the City will ensure the continued tax-exempt status of the governmental bonds it issues. RECOMMENDATION Staff is recommending approval of Resolution No. 15-03. ATTACHMENTS Resolution 15-03 Post -Issuance Compliance Procedure and Policy for Tax-exempt Governmental Bonds LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 15-03 RESOLUTION APPROVING POST -ISSUANCE COMPLIANCE PROCEDURE AND POLICY FOR TAX-EXEMPT GOVERNMENTAL BONDS BE IT RESOLVED By the Board of Commissioners (the "Board of Commissioners") of the Lino Lakes Economic Development Authority, a body corporate and politic and political subdivision of the State of Minnesota (the "Authority"), as follows: Section 1. Recitals. 1.01. The Authority from time to time issues tax-exempt governmental bonds to finance various public capital improvements. 1.02. Under Sections 103 and 140 to 150 of the Internal Revenue Code of 1986, as amended (the "Code") and related regulations, the Authority is required to take certain actions after the issuance of such bonds to ensure that interest on those bonds remains tax-exempt. 1.03. The Authority has determined to adopt written procedures regarding how the Authority will carry out its bond compliance responsibilities, and to that end has caused to be prepared a document titled Post -Issuance Compliance Procedure and Policy for Tax -Exempt Governmental Bonds (the "Policy"). 1.04. The Board of Commissioners has reviewed the Policy has determined that it is in the best interest of the Authority to adopt the Policy. Section 2. Policy Approved. 2.01. The Board of Commissioners approves the Policy in substantially the form on file with the Executive Director. 2.02. Authority staff are authorized to take all actions necessary to carry out the Policy. Adopted by the Board of Commissioners of the Lino Lakes Economic Development Authority this 11th day of May, 2015. President ATTEST: Executive Director 460517v1 JAE LN140-112 Lino Lakes Economic Development Authority POST -ISSUANCE COMPLIANCE PROCEDURE AND POLICY FOR TAX-EXEMPT GOVERNMENTAL BONDS May 11, 2015 460516v1 JAE LN140-112 Post -Issuance Compliance Procedure and Policy for Tax -Exempt Governmental Bonds The Lino Lakes Economic Development Authority (the "Authority") issues tax-exempt governmental bonds to finance capital improvements. As an issuer of tax-exempt governmental bonds, the Authority is required by the terms of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder (the "Treasury Regulations"), to take certain actions subsequent to the issuance of such bonds to ensure the continuing tax-exempt status of such bonds. In addition, Section 6001 of the Code and Section 1.6001-1(a) of the Treasury Regulations, impose record retention requirements on the Authority with respect to its tax- exempt governmental bonds. This Post -Issuance Compliance Procedure and Policy for Tax -Exempt Governmental Bonds (the "Policy") has been approved and adopted by the Authority to ensure that the Authority complies with its post -issuance compliance obligations under applicable provisions of the Code and Treasury Regulations. 1. Effective Date and Term. The effective date of this Policy is May 11, 2015, and shall remain in effect until superseded or terminated by the Authority. 2. Responsible Parties. The Executive Director of the Authority shall be the party primarily responsible for ensuring that the Authority successfully carries out its post -issuance compliance requirements under applicable provisions of the Code and Treasury Regulations. The Executive Director will be assisted by the staff of the Finance Department (the "Finance Department") of the City of Lino Lakes, Minnesota (the "City") and by Authority staff and officials when appropriate. The Executive Director of the Authority will also be assisted in carrying out post -issuance compliance requirements by the following organizations: (a) Bond Counsel (the law firm primarily responsible for providing bond counsel services for the Authority); (b) Municipal Advisor (the organization utilized from time to time for providing financial advisor services to the Authority); (c) Paying Agent (the person, organization, or Authority officer primarily responsible for providing paying agent services for the Authority); and (d) Rebate Analyst (the organization primarily responsible for providing rebate analyst services for the Authority). The Executive Director shall be responsible for assigning post -issuance compliance responsibilities to members of the Finance Department, staff of the Authority, Bond Counsel, Municipal Advisor, Paying Agent, and Rebate Analyst. The Executive Director shall utilize such other professional service organizations as are necessary to ensure compliance with the post -issuance compliance requirements of the Authority. The Executive Director shall provide training and educational resources to Authority staff who are responsible for ensuring compliance with any portion of the post -issuance compliance requirements of this Policy. 3. Post -Issuance Compliance Actions. The Executive Director shall take the following post - issuance compliance actions or shall verify that the following post -issuance compliance actions have been taken on behalf of the Authority with respect to each issue of tax-exempt governmental bonds issued by the Authority: 460516v1 JAE LN140-112 1 (a) The Executive Director shall prepare a transcript of principal documents (this action will be the primary responsibility of Bond Counsel). (b) The Executive Director shall file with the Internal Revenue Service (the "IRS"), within the time limit imposed by Section 149(e) of the Code and applicable Treasury Regulations, an Information Return for Tax -Exempt Governmental Obligations, Form 8038-G (this action will be the primary responsibility of Bond Counsel). (c) The Executive Director shall prepare an "allocation memorandum" for each issue of tax-exempt governmental bonds in accordance with the provisions of Treasury Regulations, Section 1.148-6(d)(1), that accounts for the allocation of the proceeds of the tax-exempt bonds to expenditures not later than the earlier of: (i) eighteen (18) months after the later of (A) the date the expenditure is paid, or (B) the date the project, if any, that is financed by the tax-exempt bond issue is placed in service; or (ii) the date sixty (60) days after the earlier of (A) the fifth anniversary of the issue date of the tax-exempt bond issue, or (B) the date sixty (60) days after the retirement of the tax-exempt bond issue. Preparation of the allocation memorandum will be the primary responsibility of the Executive Director (in consultation with Bond Counsel, and, if employed with respect to the tax-exempt issue, the Municipal Advisor). (d) The Executive Director, in consultation with Bond Counsel, shall identify proceeds of tax-exempt governmental bonds that must be yield -restricted and shall monitor the investments of any yield -restricted funds to ensure that the yield on such investments does not exceed the yield to which such investments are restricted. (e) In consultation with Bond Counsel, the Executive Director shall determine whether the Authority is subject to the rebate requirements of Section 148(f) of the Code with respect to each issue of tax-exempt governmental bonds. In consultation with Bond Counsel, the Executive Director shall determine, with respect to each issue of tax-exempt governmental bonds of the Authority, whether the Authority is eligible for any of the temporary periods for unrestricted investments and is eligible for any of the spending exceptions to the rebate requirements. The Executive Director shall contact the Rebate Analyst (and, if appropriate, Bond Counsel) prior to the fifth anniversary of the date of issuance of each issue of tax-exempt governmental bonds of the Authority and each fifth anniversary thereafter to arrange for calculations of the rebate requirements with respect to such tax-exempt governmental bonds. If a rebate payment is required to be paid by the Authority, the Executive Director shall prepare or cause to be prepared the Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate, Form 8038-T, and submit such Form 8038-T to the IRS with the required rebate payment. If the Authority is authorized to recover a rebate payment previously paid, the Executive Director shall prepare or cause to be prepared the Request for Recovery of Overpayments Under Arbitrage Rebate Provisions, Form 8038-R, with respect to such rebate recovery, and submit such Form 8038-R to the IRS. 4. Procedures for Monitoring, Verification, and Inspections. The Executive Director shall institute such procedures as the Executive Director shall deem necessary and appropriate to monitor the 460516v1 JAE LN140-112 2 use of the proceeds of tax-exempt governmental bonds issued by the Authority, to verify that certain post - issuance compliance actions have been taken by the Authority, and to provide for the inspection of the facilities financed with the proceeds of such bonds. At a minimum, the Executive Director shall establish the following procedures: (a) The Executive Director shall monitor the use of the proceeds of tax-exempt governmental bonds to: (i) ensure compliance with the expenditure and investment requirements under the temporary period provisions set forth in Treasury Regulations, Section 1.148-2(e); (ii) ensure compliance with the safe harbor restrictions on the acquisition of investments set forth in Treasury Regulations, Section 1.148-5(d); (iii) ensure that the investments of any yield - restricted funds do not exceed the yield to which such investments are restricted; and (iv) determine whether there has been compliance with the spend -down requirements under the spending exceptions to the rebate requirements set forth in Treasury Regulations, Section 1.148-7. (b) The Executive Director shall monitor the use of all bond -financed facilities in order to: (i) determine whether private business uses of bond -financed facilities have exceeded the de minimus limits set forth in Section 141(b) of the Code as a result of leases and subleases, licenses, management contracts, research contracts, naming rights agreements, or other arrangements that provide special legal entitlements to nongovernmental persons; and (ii) determine whether private security or payments that exceed the de minimus limits set forth in Section 141(b) of the Code have been provided by nongovernmental persons with respect to such bond -financed facilities. The Executive Director shall provide training and educational resources to any Authority staff who have the primary responsibility for the operation, maintenance, or inspection of bond -financed facilities with regard to the limitations on the private business use of bond -financed facilities and as to the limitations on the private security or payments with respect to bond -financed facilities. (c) The Executive Director shall undertake the following with respect to each outstanding issue of tax-exempt governmental bonds of the Authority: (i) an annual review of the books and records maintained by the Authority with respect to such bonds; and (ii) an annual physical inspection of the facilities financed with the proceeds of such bonds, conducted by the Executive Director with the assistance of any Authority staff who have the primary responsibility for the operation, maintenance, or inspection of such bond -financed facilities. 5. Record Retention Requirements. The Executive Director shall collect and retain the following records with respect to each issue of tax-exempt governmental bonds of the Authority and with respect to the facilities financed with the proceeds of such bonds: (i) audited financial statements of the Authority; (ii) appraisals, demand surveys, or feasibility studies with respect to the facilities to be financed with the proceeds of such bonds; (iii) publications, brochures, and newspaper articles related to the bond financing; (iv) trustee or paying agent statements; (v) records of all investments and the gains (or losses) from such investments; (vi) paying agent or trustee statements regarding investments and investment earnings; (vii) reimbursement resolutions and expenditures reimbursed with the proceeds of such bonds; (viii) allocations of proceeds to expenditures (including costs of issuance) and the dates and amounts of such expenditures (including requisitions, draw schedules, draw requests, invoices, bills, and cancelled checks with respect to such expenditures); (ix) contracts entered into for the construction, renovation, or purchase of bond -financed facilities; (x) an asset list or schedule of all bond -financed depreciable property and any depreciation schedules with respect to such assets or property; (xi) records of the purchases and sales of bond -financed assets; (xii) private business uses of bond -financed facilities that arise subsequent to the date of issue through leases and subleases, licenses, management contracts, research contracts, naming rights agreements, or other arrangements that provide special legal 460516v1 JAE LN140-112 3 entitlements to nongovernmental persons and copies of any such agreements or instruments; (xiii) arbitrage rebate reports and records of rebate and yield reduction payments; (xiv) resolutions or other actions taken by the governing body subsequent to the date of issue with respect to such bonds; (xv) formal elections authorized by the Code or Treasury Regulations that are taken with respect to such bonds; (xvi) relevant correspondence, including letters, faxes or emails, relating to such bonds; (xvii) documents related to guaranteed investment contracts or certificates of deposit, credit enhancement transactions, and financial derivatives entered into subsequent to the date of issue; (xviii) bidding of financial products for investment securities; (xix) copies of all Form 8038 -Ts, Form 8038 -Rs, and Form 8038-CPs filed with the IRS and any other forms or documents filed with the IRS; (xx) the transcript prepared with respect to such tax-exempt governmental bonds, including but not limited to (a) official statements, private placement documents, or other offering documents, (b) minutes and resolutions, orders, or ordinances or other similar authorization for the issuance of such bonds, and (c) certification of the issue price of such bonds; and (xxi) documents related to government grants associated with the construction, renovation, or purchase of bond -financed facilities. The records collected by the Executive Director shall be stored in any format deemed appropriate by the Executive Director and shall be retained for a period equal to the life of the tax-exempt governmental bonds with respect to which the records are collected (which shall include the life of any bonds issued to refund any portion of such tax-exempt governmental bonds or to refund any refunding bonds) plus three (3) years. The Executive Director shall also collect and retain reports of any IRS examination of the Authority or any of its bond financings. 6. Remedies. In consultation with Bond Counsel, the Executive Director shall become acquainted with the remedial actions (including redemption or defeasance) under Treasury Regulations, Section 1.141-12, to be utilized in the event that private business use of bond -financed facilities exceeds the de minimus limits under Section 141(b)(1) of the Code. In consultation with Bond Counsel, the Executive Director shall become acquainted with the Tax Exempt Bonds Voluntary Closing Agreement Program described in Notice 2008-31, 2008-11 I.R.B. 592, to be utilized as a means for an issuer to correct any post -issuance infractions of the Code and Treasury Regulations with respect to outstanding tax-exempt bonds. 7. Continuing Disclosure Obligations. In addition to its post -issuance compliance requirements under applicable provisions of the Code and Treasury Regulations, the Authority has agreed to provide continuing disclosure, such as annual financial information and material event notices, pursuant to a continuing disclosure certificate or similar document (the "Continuing Disclosure Document") prepared by Bond Counsel and made a part of the transcript with respect to each issue of bonds of the Authority that is subject to such continuing disclosure requirements. The Continuing Disclosure Documents are executed by the Authority to assist the underwriters of the Authority's bonds in meeting their obligations under Securities and Exchange Commission Regulation, 17 C.F.R. Section 240.15c2-12, as in effect and interpreted from time to time ("Rule 15c2-12"). The continuing disclosure obligations of the Authority are governed by the Continuing Disclosure Documents and by the terms of Rule 15c2-12. The Executive Director is primarily responsible for undertaking such continuing disclosure obligations and to monitor compliance with such obligations. 8. Other Post -Issuance Actions. If, in consultation with Bond Counsel, Municipal Advisor, Paying Agent, Rebate Analyst, the Executive Director, the Authority Attorney, or the Board of Commissioners, the Executive Director determines that any additional action not identified in this Policy must be taken by the Executive Director to ensure the continuing tax-exempt status of any issue of governmental bonds of the Authority, the Executive Director shall take such action if the Executive Director has the authority to do so. If, after consultation with Bond Counsel, Municipal Advisor, Paying Agent, Rebate Analyst, the Executive Director, the Authority Attorney, or the Board of Commissioners, 460516v1 JAE LN140-112 4 the Executive Director and the Executive Director determine that this Policy must be amended or supplemented to ensure the continuing tax-exempt status of any issue of governmental bonds of the Authority, the Executive Director shall recommend to the Board of Commissioners that this Policy be so amended or supplemented. 9. Taxable Governmental Bonds. Most of the provisions of this Policy, other than the provisions of Section 7, are not applicable to governmental bonds the interest on which is includable in gross income for federal income tax purposes. However, if an issue of taxable governmental bonds is later refunded with the proceeds of an issue of tax-exempt governmental refunding bonds, then the uses of the proceeds of the taxable governmental bonds and the uses of the facilities financed with the proceeds of the taxable governmental bonds will be relevant to the tax-exempt status of the governmental refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable governmental bonds may be refunded, in whole or in part, with the proceeds of an issue of tax-exempt governmental bonds, for purposes of this Policy, the Executive Director shall treat the issue of taxable governmental bonds as if such issue were an issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of this Policy with respect to such taxable governmental bonds. The Executive Director shall seek the advice of Bond Counsel as to whether there is any reasonable possibility of issuing tax- exempt governmental bonds to refund an issue of taxable governmental bonds. 10. Qualified 501(c)(3) Bonds. If the Authority issues bonds to finance a facility to be owned by the Authority but which may be used, in whole or in substantial part, by a nongovernmental organization that is exempt from federal income taxation under Section 501(a) of the Code as a result of the application of Section 501(c)(3) of the Code (a "501(c)(3) Organization"), the Authority may elect to issue the bonds as "qualified 501(c)(3) bonds" the interest on which is exempt from federal income taxation under Sections 103 and 145 of the Code and applicable Treasury Regulations. Although such qualified 501(c)(3) bonds are not governmental bonds, at the election of the Executive Director, for purposes of this Policy, the Executive Director shall treat such issue of qualified 501(c)(3) bonds as if such issue were an issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of this Policy with respect to such qualified 501(c)(3) bonds. 460516v1 JAE LN140-112 5 Expenditures May 11, 2015 Check #100252 to #100319 128,099.06 Date: 05/01/2015 Time: 09:28:31 Ranges: Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (r) 12606 12618 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: s Sort: a Name City of Lino Lakes Operator: TJT Page: FM Entry - Invoice Journal Invoice Status: A # of copies: 1 Check Over Expend: N # of items Discount Net Gross Discount Lost 009212 911 Safety Equipment 000200 AFLAC 000318 AMERIPRIDE SERVICES, INC. 000228 ANOKA COUNTY ELECTIONS 008739 BAUER BUILT TIRE 900524 LUANN BURGER 000258 CARROLL DISTRIBUTING & CONST. SUPPLY 000122 CDW GOVERNMENT 000537 CENTRAL PENSION FUND 008767 CES IMAGING 001117 CHOMONIX GOLF COURSE 001100 CIRCLE PINES POST OFFICE 000720 CITY OF BLAINE 900491 CITY OF ROSEVILLE 009208 Ray Culp 001270 DALCO, INC. 001301 DELTA DENTAL PLAN OF MINNESOTA 009209 Judith Ann Deppa-Elan 001380 EARL F. ANDERSEN 009170 ENTENMANN-ROVIN CO. 003220 FACTORY MOTOR PARTS COMPANY, INC. 008044 FREIMUTH ENTERPRISES, LLC 2 1 2 1 1 1 1 1 1 1 1 2 2 1 1 2 1 1 1 2 1 2,186.30 2,186.30 .00 .00 520.78 520.78 .00 .00 275.29 275.29 .00 .00 4,461.04 4,461.04 .00 .00 197.90 197.90 .00 .00 832.00 832.00 .00 .00 34.59 34.59 .00 .00 3,204.58 3,204.58 .00 .00 3,600.00 3,600.00 .00 .00 80.00 80.00 .00 .00 200.00 200.00 .00 .00 1,040.18 1,040.18 .00 .00 4,601.37 4,601.37 .00 .00 373.98 373.98 .00 .00 1,662.23 1,662.23 .00 .00 914.15 914.15 .00 .00 4,813.90 4,813.90 .00 .00 200.00 200.00 .00 .00 743.70 743.70 .00 .00 2,432.45 2,432.45 .00 .00 375.80 375.80 .00 .00 4,514.90 4,514.90 .00 .00 Date: 05/01/2015 Time: 09:28:32 City of Lino Lakes Operator: TJT Page: 2 FM Entry - Invoice Journal Discount Vendor # Name # of items Net Gross Discount Lost 001720 GRAINGER 2 72.61 72.61 .00 .00 009207 Gregory A. Burrell 2 130.16 130.16 .00 .00 001048 HARMON P.UTO GLASS 1 239.00 239.00 .00 .00 001285 HEWLETT-PACKARD COMPANY 1 1,242.32 1,242.32 .00 .00 000082 S.H. LARSON COMPANY, INC. 1 136.75 136.75 .00 .00 001940 KEEPRS 2 624.24 624.24 .00 .00 009210 Katherine Kelly 1 8.00 8.00 .00 .00 007701 LINCOLN NATIONAL LIFE INS CO 1 1,244.84 1,244.84 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 834.38 834.38 .00 .00 008224 MEDICA 1 45,138.47 45,138.47 .00 .00 002550 MENARDS 2 203.70 203.70 .00 .00 009019 MIDWEST FENCE 1 52.00 52.00 .00 .00 008750 MINNESOTA COACHES, INC. 2 1,108.85 1,108.85 .00 .00 007383 MINNESOTA UI 1 795.14 795.14 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 4 1,349.71 1,349.71 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 138.00 138.00 .00 .00 003091 NCPERS MINNESOTA 1 288.00 288.00 .00 .00 000019 NEOPOST 1 350.00 350.00 .00 .00 000900 O'REILLY AUTOMOTIVE STORES, INC. 4 150.85 150.85 .00 .00 008850 OfficeMax 1 327.33 327.33 .00 .00 009159 PERFORMANCE PLUS LLC 1 245.00 245.00 .00 .00 003492 PETTY CASH 1 229.53 229.53 .00 .00 000217 POLAR CHEVROLET & MAZDA 4 239.42 239.42 .00 .00 008545 PRIMARY PRODUCTS COMPANY 2 62.47 62.47 .00 .00 007696 RATWIK, ROSZAK & MALONEY, PA 1 10,124.27 10,124.27 .00 .00 000329 ALAN ROLEK 1 59.80 59.80 .00 .00 003880 SEH TECHNOLOGY SOLUTIONS INC 1 7,667.00 7,667.00 .00 .00 Date: 05/01/2015 Time: 09:28:33 City of Lino Lakes FM Entry - Invoice Journal Operator: TJT Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost 003974 SENSUS USA 1 1,784.47 1,784.47 .00 .00 007756 SHI INTERNATIONAL CORP 1 332.00 332.00 .00 .00 009211 Kathryn Sibbet 1 30.00 30.00 .00 .00 009186 Silver Star Industries 1 225.00 225.00 .00 .00 009075 SPRINGBROOK SOFTWARE INC 1 1,121.73 1,121.73 .00 .00 009130 STANDARD & POOR'S FINANCIAL SERVICES LLC 1 9,370.00 9,370.00 .00 .00 008142 STAPLES ADVANTAGE 3 467.15 467.15 .00 .00 007735 STREET SMART RENTAL 1 90.00 90.00 .00 .00 009167 SUN LIFE FINANCIAL 1 1,444.50 1,444.50 .00 .00 004760 WALDOCH SPORTS, INC. 3 149.33 149.33 .00 .00 009042 WALTON'S HOLLOW 1 400.00 400.00 .00 .00 007421 WRIGHT-HENNEPIN CO-OP ELECTRIC ASSOC 1 990.00 990.00 .00 .00 003250 XCEL ENERGY 1 1,367.90 1,367.90 .00 .00 Grand Totals: 87 128,099.06 128,099.06 .00 .00* Date: 05/01/2015 Ranges: Time: 09:29:02 Operator: TJT Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (r) 12610 (A) Options: Print Ranges/Options: Y Page on Department: N Department MAYOR/COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ELECTIONS FINANCE FINANCE FINANCE FINANCE FINANCE Vendor Name - 12623 # of copies: 1 Description AFLAC CENTRAL PENSION FUND DELTA DENTAL PLAN OF MN CHILD SUPPORT PAY NCPERS MINNESOTA MEDICA MIDWEST FENCE SUN LIFE FINANCIAL Gregory A. Burrell AFLAC INSURANCE PREMIUMS APRIL CENTRAL PENSION MAY DENTAL INS PREMIUMS CHILD SUPPORT MAY LIFE INS PREMIUMS MAY HEALTH INS PREMIUMS PERMIT REFUND 7110 MOURN MAY INSURANCE PREMIUMS ORDER TO DEDUCT Total for Department Culp, Ray BLUE HERON DAYS FLOAT Total for Department 401 DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI MEDICA MAY HEALTH INS PREMIUMS SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 402 ANOKA COUNTY ELECTIO ANNUAL FEE JOINT POWERS Total for Department 403 ROLEK, ALAN MILEAGE DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI MEDICA MAY HEALTH INS PREMIUMS SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 407 LEGAL CONSULTANTS RATWIK, ROSZAK & MAL MARCH LEGAL Total for Department 414 PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING DELTA DENTAL PLAN OF SEH TECHNOLOGY SOLUT RATWIK, ROSZAK & MAL LINCOLN NATIONAL LIF MEDICA SUN LIFE FINANCIAL MAY DENTAL INS PREMIUMS MARCH GIS SERVICES MARCH LEGAL MAY LIFE INSURANCE PREMI MAY HEALTH INS PREMIUMS MAY INSURANCE PREMIUMS Total for Department 416 Amount 520.78 3,600.00 1,941.90 1,349.71 288.00 5,862.16 52.00 1,271.75 130.16 15,016.46* 1,662.23 1,662.23* 127.20 59.08 981.18 7.65 1,175.11* 4,461.04 4,461.04* 59.80 127.20 62.20 1,510.48 7.65 1,767.33* 4,303.72 4,303.72* 42.40 1,854.00 574.00 22.56 423.43 2.55 2,918.94* Date: 05/01/2015 Department Time: 09:29:02 Operator: TJT Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount ENGINEERING COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE RATWIK, ROSZAK & MAL MARCH LEGAL Total for Department 417 870.00 870.00* DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS 42.40 SEH TECHNOLOGY SOLUT MARCH GIS SERVICES 2,538.00 LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI 38.18 MEDICA MAY HEALTH INS PREMIUMS 981.18 SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS 5.10 Total for Department 418 3,604.86* HEWLETT-PACKARD COMP DELTA DENTAL PLAN OF KEEPRS PETTY CASH/LLPD PETTY CASH/LLPD PETTY CASH/LLPD PETTY CASH/LLPD PETTY CASH/LLPD PETTY CASH/LLPD PETTY CASH/LLPD PETTY CASH/LLPD PETTY CASH/LLPD LINCOLN NATIONAL LIF SHI INTERNATIONAL CO STAPLES ADVANTAGE STAPLES ADVANTAGE MEDICA PRIMARY PRODUCTS COM OfficeMax SUN LIFE FINANCIAL Total for CDW GOVERNMENT DELTA DENTAL PLAN OF PETTY CASH/LLPD LINCOLN NATIONAL LIF MEDICA PRIMARY PRODUCTS COM PERFORMANCE PLUS LLC SUN LIFE FINANCIAL ENTENMANN-ROVIN CO. 911 Safety Equipment COMPUTER MAY DENTAL INS PREMIUMS UNIFORM ALLOWANCE M.RUMP COMPLIANCE CHECKS A. JUNG COMPLIANCE CHECKS A.NELS COMPLIANCE CHECKS M.BROW MEETING SUPPLIES OFFICER INTERVIEW SUPPLI OPEN HOUSE SUPPLIES PARKING POST BOARD MEETI PATROL NOTEBOOKS RAMSEY CO. CHIEF'S MEETI MAY LIFE INSURANCE PREMI OFFICE PRO PLUS-WAYNE'S CHAIR HP TONER,SHEET PROTECTOR MAY HEALTH INS PREMIUMS REFUND SALES TAX INV#545 BATTERIES, COPY PAPER,NOT MAY INSURANCE PREMIUMS Department 420 FIRE SUV COMPUTER MAY DENTAL INS PREMIUMS SCBA BATTERIES MAY LIFE INSURANCE PREMI MAY HEALTH INS PREMIUMS EXAM GLOVES EXAM,FIT,SCREEN-A.JENISS MAY INSURANCE PREMIUMS LINO LAKES DOME BADGES FIRE BOOTS 911 Safety Equipment FIRE GEAR RENTAL Total for Department 421 BUILDING INSPECTIONS DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS BUILDING INSPECTIONS LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI BUILDING INSPECTIONS MEDICA MAY HEALTH INS PREMIUMS BUILDING INSPECTIONS SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 422 1,242.32 1,383.00 624.24 10.00 10.00 20.00 14.72 9.88 41.96 2.75 9.63 25.00 573.21 332.00 111.48 309.85 21,347.89 -6.24 327.33 76.50 26,465.52* 3,204.58 127.20 85.59 75.83 3,137.85 68.71 245.00 10.20 2,432.45 761.30 1,425.00 11,573.71* 84.80 36.89 981.18 5.10 1,107.97* Date: 05/01/2015 Department Time: 09:29:02 Operator: TJT Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS CARROLL DISTRIBUTING DELTA DENTAL PLAN OF EARL F. ANDERSEN MENARDS SEH TECHNOLOGY SOLUT WRIGHT-HENNEPIN CO -O LINCOLN NATIONAL LIF STREET SMART RENTAL MEDICA SUN LIFE FINANCIAL Total for MACQUEEN EQUIPMENT, POLAR CHEVROLET & MA POLAR CHEVROLET & MA POLAR CHEVROLET & MA POLAR CHEVROLET & MA AMERIPRIDE SERVICES, O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE HARMON AUTO GLASS DELTA DENTAL PLAN OF FACTORY MOTOR PARTS WALDOCH SPORTS, INC. WALDOCH SPORTS, INC. WALDOCH SPORTS, INC. LINCOLN NATIONAL LIF MEDICA BAUER BUILT TIRE SUN LIFE FINANCIAL Total for Department 431 CHAPIN SHUT-OFF ASSEMBLY 34.59 MAY DENTAL INS PREMIUMS 254.40 STREET NAME PLATES 743.70 SHOVELS 59.96 MARCH GIS SERVICES 272.00 APRIL ELECTRIC 990.00 MAY LIFE INSURANCE PREMI 114.43 RENTED LIGHT ARROWBOARDS 90.00 MAY HEALTH INS PREMIUMS 2,117.17 MAY INSURANCE PREMIUMS 17.85 4,694.10* Department 430 ASPHALT HOT BOX 834.38 #208 GASKET 7.91 #208 GASKETS 12.80 #214 CAM,GOVERNOR 205.91 STOCK GASKETS 12.80 SHOP TOWELS 33.90 STOCK AIR,OIL FILTERS 61.57 STOCK ALT BRG -7.36 STOCK DIFF GSKT KT 8.72 STOCK GEAR OIL 87.92 #203 NEW WINDSHIELD 239.00 MAY DENTAL INS PREMIUMS 42.40 STOCK 12V 375.80 #144 OIL FILTER 30.58 STOCK CARB CLEANER,COMBU 19.79 STOCK LOW VISCOSITY HY-G 98.96 MAY LIFE INSURANCE PREMI 16.21 MAY HEALTH INS PREMIUMS 423.44 #139 TIRES 197.90 MAY INSURANCE PREMIUMS 2.55 2,705.18* J.H. LARSON COMPANY, AMERIPRIDE SERVICES, CIRCLE PINES POST OF DALCO, INC. DALCO, INC. MENARDS NARDINI FIRE EQUIPME STAPLES ADVANTAGE CES IMAGING CITY OF ROSEVILLE Total for Department 432 FLUORESCENT LAMPS 136.75 MATS 241.39 ANNUAL STD MAIL FEE RENE 220.00 FABULOSO CLEANER 64.40 MULTI -FOLD TOWELS,TISSUE 849.75 GLASS CLEANER 23.82 SEMI ANNUAL INSPECTION 138.00 LEGAL PADS,MANILA FOLDER 45.82 APRIL PLOTTER/SCANNER MA 80.00 PUBLIC WORKS WIRELESS AC 373.98 2,173.91* DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS MENARDS SHOVELS SEH TECHNOLOGY SOLUT MARCH GIS SERVICES MINNESOTA UI 1ST QTR UNEMPLOYMENT 267.88 59.96 605.00 795.14 Date: 05/01/2015 Time 09:29:03 Operator: TJT Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PARKS PARKS PARKS RECREATION RECREATION RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE FORESTRY FORESTRY FORESTRY FORESTRY SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS YOUTH INSTRUCTIONAL BLUE HERON DAYS LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI MEDICA MAY HEALTH INS PREMIUMS SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 450 DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI MEDICA MAY HEALTH INS PREMIUMS SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 451 DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI MEDICA MAY HEALTH INS PREMIUMS SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 461 DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI FREIMUTH MEDICA SUN LIFE ENTERPRISES APRIL RECYCLING MAY HEALTH INS PREMIUMS FINANCIAL MAY INSURANCE PREMIUMS Total for Department 462 DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI MEDICA MAY HEALTH INS PREMIUMS SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 463 Total for Fund 101 Kelly, Katherine PROGRAM REFUND Sibbet, Kathryn PROGRAM REFUND Total for Department CITY OF BLAINE OLD LOG THEATER SENIOR T MINNESOTA COACHES, I SENIOR TRIP HISTORY THEA MINNESOTA COACHES, I SENIOR TRIP OLD LOG THEA Deppa-Elan, Judith A PERFORMANCE AT SENIOR CE Total for Department 205 BURGER, LUANN SPRING DANCE CLASSES Total for Department 207 Total for Fund 201 WALTON'S HOLLOW BLUE HERON DAYS EVENT Total for Department 497 89.55 2,546.77 15.16 4,379.46* 135.68 54.88 1,962.36 8.16 2,161.08* 14.84 7.86 148.20 .89 171.79* 12.72 6.73 4,514.90 127.03 .77 4,662.15* 14.84 7.87 148.20 .89 171.80* 96,046.36* 8.00 30.00 38.00* 621.44 579.45 529.40 200.00 1,930.29* 832.00 832.00* 2,800.29* 400.00 400.00* Date: 05/01/2015 Time: 09:29:03 Operator: TJT Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount FLEET Total for Fund 205 400.00* Silver Star Industri #256 LUVERNE MOUNT KIT,G 225.00 Total for Department 431 225.00* Total for Fund 402 225.00* FINANCE SPRINGBROOK SOFTWARE PARALLEL WEEK CONSULTANT 1,121.73 Total for Department 407 1,121.73* Total for Fund 403 1,121.73* OTHER RATWIK, ROSZAK & MAL MARCH LEGAL 101.50 Total for Department 499 101.50* Total for Fund 422 101.50* OTHER RATWIK, ROSZAK & MAL MARCH LEGAL 822.55 Total for Department 499 822.55* Total for Fund 474 822.55* OTHER RATWIK, ROSZAK & MAL MARCH LEGAL 263.50 Total for Department 499 263.50* Total for Fund 476 263.50* OTHER STANDARD & POOR'S FI BOND ANALYTICAL SERVICES 1,393.00 Total for Department 499 1,393.00* Total for Fund 481 1,393.00* OTHER STANDARD & POOR'S FI BOND ANALYTICAL SERVICES 7,977.00 Total for Department 499 7,977.00* Total for Fund 482 7,977.00* CITY OF BLAINE 1ST QTR WATER & SEWER 46.11 Total for Department 46.11* WATER NEOPOST, INC. SERVICE ON NEOPOST MACHI 175.00 WATER CITY OF BLAINE 1ST QTR WATER & SEWER 2,548.12 WATER CIRCLE PINES POST OF UTILITY BILLING POSTAGE 410.09 WATER DELTA DENTAL PLAN OF MAY DENTAL INS PREMIUMS 97.52 WATER MENARDS SHOVELS 29.98 WATER XCEL ENERGY ELECTRIC 1,367.90 WATER SEH TECHNOLOGY SOLUT MARCH GIS SERVICES 2,398.00 WATER SENSUS USA ANNUAL SOFTWARE MAINTENA 1,784.47 WATER LINCOLN NATIONAL LIF MAY LIFE INSURANCE PREMI 39.69 WATER MEDICA MAY HEALTH INS PREMIUMS 1,219.99 Date: 05/01/2015 Time: 09:29:03 Operator: TJT Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 494 Total for Fund 601 NEOPOST, INC. CITY OF BLAINE CIRCLE PINES POST OF DELTA DENTAL PLAN OF GRAINGER GRAINGER MENARDS LINCOLN NATIONAL LIF MEDICA SERVICE ON NEOPOST MACHI 1ST QTR WATER & SEWER UTILITY BILLING POSTAGE MAY DENTAL INS PREMIUMS DRUM FUNNEL GREEN HAND STRETCH WRAP SHOVELS MAY LIFE INSURANCE PREMI MAY HEALTH INS PREMIUMS SUN LIFE FINANCIAL MAY INSURANCE PREMIUMS Total for Department 495 Total for Fund 602 CHOMONIX GOLF COURSE EMPLOYEE RECOGNITION EVE RATWIK, RATWIK, RATWIK, ROSZAK & MAL MARCH LEGAL -CENTURY FARM ROSZAK & MAL MARCH LEGAL-NORTHPOINTE ROSZAK & MAL MARCH LEGAL -SADDLE CLUB Total for Department Total for Fund 801 Grand Total 5.87 10,076.63* 10,122.74* 175.00 1,385.70 410.09 97.52 24.12 48.49 29.98 39.67 1,219.96 5.86 3,436.39* 3,436.39* 200.00 840.50 1,077.50 1,271.00 3,389.00* 3,389.00* 128,099.06* CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 5/1/2015 - 5/7/2015 May 07, 2015 12:48PM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Payee Description Check Amount 05/15 05/07/2015 6916 10800 05/15 05/07/2015 6917 11565 05/15 05/07/2015 6918 30490 05/15 05/07/2015 6919 60025 05/15 05/07/2015 6920 60650 05/15 05/07/2015 6921 90151 05/15 05/07/2015 6922 110300 05/15 05/07/2015 6923 120450 05/15 05/07/2015 6924 131470 05/15 05/07/2015 6925 140450 05/15 05/07/2015 6926 160050 05/15 05/07/2015 6927 160130 05/15 05/07/2015 6928 180290 05/15 05/07/2015 6929 180300 05/15 05/07/2015 6930 180550 05/15 05/07/2015 6931 180600 05/15 05/07/2015 6932 190315 05/15 05/07/2015 6933 200150 05/15 05/07/2015 6934 210050 05/15 05/07/2015 6935 210405 05/15 05/07/2015 6936 220200 05/15 05/07/2015 6937 888822 05/15 05/07/2015 6938 888823 05/15 05/07/2015 6939 888824 05/15 05/07/2015 6940 888825 05/15 05/07/2015 6941 999982 Grand Totals: ANOKA CO FIRE PROTECT. CO ASPEN MILLS, INC CENTERPOINT ENERGY F.I.R.E., INC FRATTALLONE'S HARDWARE S IMAGE PRINTING & GRAPHICS KIRVIDA FIRE, INC CITY OF LINO LAKES MUNICIPAL EMERGENCY SERV NORTH MEMORIAL MEDICAL C PAETEC, INC PERFORMANCE PLUS LLC RIVARD ELECTRIC CO, INC RIVERLAND COMMUNITY COLL ROSENBAUER MINNESOTA, LL CITY OF ROSEVILLE MIKE SCHWEIGERT THOMAS MOTORS, INC UDOR USA UNIFORMS UNLIMITED, INC VERIZON WIRELESS DAVID G ARCAND KURT BECKER MATHEW D KOHOUT STEPHEN F. KOLOSKY TIMOTHY D. GILSRUD 2015 PSDS COSTS -3 CITIES UNIFORMS STATION 2 GAS TRAINING LIVE BURN BLDG SUPPLIES BULBS DISTRICT RUN FORMS ENGINE 11 PARTS MARCH REIMB-FEMA INS STRUCTURAL FIRE HELMETS TRAINING LIVE BURN EXPENS PHONES STATION 2 FEMA -IMMUNIZATION STATION 2 & 3 ELECTRICAL W TRAINING CHEVALLIER FIRE HOSE SALES TAX FEMA-REIMB MN FIREHIRE EX VEH MTC GRASS 11 NOZZLE PARTS GRASS 11 VEH UNIFORMS COMMUNICATIONS FEMA -REFERRAL BONUS FEMA -REFERRAL BONUS FEMA -REFERRAL BONUS FEMA -REFERRAL BONUS FEMA -REFERRAL BONUS 2,046.00 328.00 137.69 1,500.00 34.66 87.76 144.97 26,813.76 888.09 423.45 160.24 95.00 1,042.75 100.00 378.00 963.07 130.11 128.96 145.50 1,447.70 166.12 100.00 100.00 100.00 100.00 100.00 37,661.83 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 4/30/2015 - 4/30/2015 Apr 30, 2015 03:13PM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 04/15 04/30/2015 2015004 210300 US BANK VISA -CLEANING SUPPLIES VAC 1,236.89 Grand Totals: 1,236.89 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 1 Input Dates: 5/1/2015 - 5/7/2015 May 07, 2015 12:54PM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period 05/07/2015 10800 ANOKA CO FIRE PROTECT. COUNCIL ANOKA CO 10800 15-020 1 Invoi 2015 PSDS COSTS -3 CITIES 05/07/2015 Total 10800 ANOKA CO FIRE PROTECT. COUNCIL: 11565 ASPEN MILLS, INC ASPEN MIL 11565 164328 1 Invoi UNIFORMS Total 11565 ASPEN MILLS, INC: 1 Invoi STATION 2 GAS 60025 1171 1 Invoi TRAINING LIVE BURN 30490 CENTERPOINT ENERGY CENTERP 30490 050715 Total 30490 CENTERPOINT ENERGY: 60025 F.I.R.E., INC F.I.R.E., IN Total 60025 F.I.R.E., INC: 60650 FRATTALLONE'S HARDWARE STORE FRATTALL 60650 050715 1 Invoi BLDG SUPPLIES BULBS Total 60650 FRATTALLONE'S HARDWARE STORE: 90151 IMAGE PRINTING & GRAPHICS INC IMAGE PRI 90151 144025 1 Invoi DISTRICT RUN FORMS Total 90151 IMAGE PRINTING & GRAPHICS INC: 110300 KIRVIDA FIRE, INC KIRVIDA FI 110300 4669 1 Invoi ENGINE 11 PARTS Total 110300 KIRVIDA FIRE, INC: 120450 CITY OF LINO LAKES CITY OF LI 120450 CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI 120450 120450 120450 120450 120450 120450 120450 120450 050715 1 Invoi MARCH REIMB-SALARIES 050715 2 Invoi MARCH REIMB-PAYROLL TAXE 050715 3 Invoi MARCH REIMB-INS 050715 4 Invoi MARCH REIMB-EMS COORD SA 050715 5 Invoi MARCH REIMB-EMS COORD PA 050715 6 Invoi MARCH REIMB-FUEL 050715 7 Invoi MARCH REIMB-FEMA SALARIE 050715 8 Invoi MARCH REIMB-FEMA PAYROLL 050715 9 Invoi MARCH REIMB-FEMA INS Total 120450 CITY OF LINO LAKES: 05/07/2015 05/07/2015 05/07/2015 05/07/2015 05/07/2015 05/07/2015 05/07/2015 2,046.00 801-42-2210-385 05/15 2,046.00 05/07/2015 328.00 801-42-2210-218 05/15 328.00 05/07/2015 137.69 801-42-2210-380 05/15 137.69 05/07/2015 1,500.00 801-42-2210-331 05/15 1,500.00 05/07/2015 34.66 801-42-2210-202 05/15 34.66 05/07/2015 87.76 801-42-2210-201 05/15 87.76 05/07/2015 144.97 801-42-2210-404 05/15 144.97 05/07/2015 05/07/2015 12,659.32 801-42-2210-101 05/15 05/07/2015 05/07/2015 2,222.60 801-42-2210-120 05/15 05/07/2015 05/07/2015 1,776.35 801-42-2210-130 05/15 05/07/2015 05/07/2015 3,108.00 801-42-2240-104 05/15 05/07/2015 05/07/2015 470.87 801-42-2240-120 05/15 05/07/2015 05/07/2015 676.56 801-42-2210-212 05/15 05/07/2015 05/07/2015 4,651.20 201-42-2210-101 05/15 05/07/2015 05/07/2015 681.34 201-42-2210-120 05/15 05/07/2015 05/07/2015 567.52 201-42-2210-130 05/15 131470 MUNICIPAL EMERGENCY SERVICES INC MUNICIPAL 131470 00622728 1 Invoi FIREFIGHTER GLOVES 05/07/2015 MUNICIPAL 131470 00625994 1 Invoi STRUCTURAL FIRE HELMETS 05/07/2015 Total 131470 MUNICIPAL EMERGENCY SERVICES INC: 140450 NORTH MEMORIAL MEDICAL CENTER NORTH ME 140450 050715 1 Invoi TRAINING LIVE BURN EXPENS 26, 813.76 05/07/2015 370.91 801-42-2210-570 05/15 05/07/2015 517.18 801-42-2210-570 05/15 888.09 05/07/2015 05/07/2015 423.45 801-42-2210-331 05/15 CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 2 Input Dates: 5/1/2015 - 5/7/2015 May 07, 2015 12:54PM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period Total 140450 NORTH MEMORIAL MEDICAL CENTER: 423.45 160050 PAETEC, INC PAETEC, I 160050 050715 1 Invoi PHONES STATION 2 05/07/2015 05/07/2015 160.24 801-42-2210-321 05/15 Total 160050 PAETEC, INC: 160.24 160130 PERFORMANCE PLUS LLC PERFORM 160130 4026 1 Invoi FEMA -IMMUNIZATION 05/07/2015 05/07/2015 95.00 201-42-2230-308 05/15 Total 160130 PERFORMANCE PLUS LLC: 95.00 180290 RIVARD ELECTRIC CO, INC RIVARD EL 180290 3767 1 Invoi STATION 2 & 3 ELECTRICAL W 05/07/2015 05/07/2015 1,042.75 801-42-2210-401 05/15 Total 180290 RIVARD ELECTRIC CO, INC: 1,042.75 180300 RIVERLAND COMMUNITY COLLEGE RIVERLAN 180300 002006SF 1 Invoi TRAINING CHEVALLIER 05/07/2015 05/07/2015 100.00 801-42-2210-331 05/15 Total 180300 RIVERLAND COMMUNITY COLLEGE: 100.00 180550 ROSENBAUER MINNESOTA, LLC ROSENBA 180550 00000163 1 Invoi FIRE HOSE 05/07/2015 05/07/2015 378.00 801-42-2210-570 05/15 Total 180550 ROSENBAUER MINNESOTA, LLC: 378.00 180600 CITY OF ROSEVILLE CITY OF R 180600 0220188 1 Invoi MAY JPA MIS 05/07/2015 05/07/2015 769.42 801-42-2210-320 05/15 CITY OF R 180600 220205 1 Invoi MAY PHONE CHARGES 05/07/2015 05/07/2015 206.96 801-42-2210-321 05/15 CITY OF R 180600 220205 2 Invoi SALES TAX 05/07/2015 05/07/2015 13.31- 801-21800 05/15 Total 180600 CITY OF ROSEVILLE: 963.07 190315 MIKE SCHWEIGERT MIKE SCH 190315 050715 1 Invoi FEMA -APRIL CELL PHONE REI 05/07/2015 05/07/2015 50.00 201-42-2220-302 05/15 MIKE SCH 190315 050715 2 Invoi FEMA-REIMB MN FIREHIRE EX 05/07/2015 05/07/2015 80.11 201-42-2220-201 05/15 Total 190315 MIKE SCHWEIGERT: 130.11 200150 THOMAS MOTORS, INC THOMAS M 200150 26861 1 Invoi VEH MTC GRASS 11 05/07/2015 05/07/2015 128.96 801-42-2210-404 05/15 Total 200150 THOMAS MOTORS, INC: 128.96 210050 UDOR USA UDOR USA 210050 94212 1 Invoi NOZZLE PARTS GRASS 11 VEH 05/07/2015 05/07/2015 145.50 801-42-2210-405 05/15 Total 210050 UDOR USA: 145.50 210405 UNIFORMS UNLIMITED, INC UNIFORMS 210405 245382 1 Invoi UNIFORM CREDIT 05/07/2015 05/07/2015 65.00- 801-42-2210-218 05/15 UNIFORMS 210405 245386 1 Invoi UNIFORMS 05/07/2015 05/07/2015 1,512.70 801-42-2210-218 05/15 Total 210405 UNIFORMS UNLIMITED, INC: 1,447.70 CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 3 Input Dates: 5/1/2015 - 5/7/2015 May 07, 2015 12:54PM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period 220200 VERIZON WIRELESS VERIZON 220200 97440295 1 lnvoi COMMUNICATIONS 05/07/2015 05/07/2015 166.12 801-42-2210-321 05/15 Total 220200 VERIZON WIRELESS: 166.12 888822 DAVID G ARCAND DAVID G A 888822 050715 1 lnvoi FEMA -REFERRAL BONUS 05/07/2015 05/07/2015 100.00 201-42-2230-307 05/15 Total 888822 DAVID G ARCAND: 100.00 888823 KURT BECKER KURT BEC 888823 050715 1 lnvoi FEMA -REFERRAL BONUS 05/07/2015 05/07/2015 100.00 201-42-2230-307 05/15 Total 888823 KURT BECKER: 100.00 888824 MATHEW D KOHOUT MATHEW D 888824 050715 1 Invoi FEMA -REFERRAL BONUS 05/07/2015 05/07/2015 100.00 201-42-2230-307 05/15 Total 888824 MATHEW D KOHOUT: 100.00 888825 STEPHEN F. KOLOSKY STEPHEN 888825 050715 1 lnvoi FEMA -REFERRAL BONUS 05/07/2015 05/07/2015 100.00 201-42-2230-307 05/15 Total 888825 STEPHEN F. KOLOSKY: 100.00 999982 TIMOTHY D. GILSRUD TIMOTHY D 999982 050715 1 lnvoi FEMA -REFERRAL BONUS 05/07/2015 05/07/2015 100.00 201-42-2230-307 05/15 Total 999982 TIMOTHY D. GILSRUD: 100.00 Total 05/07/2015: 37,661.83 5/7/2015 GL Period Summary GL Period Amount 05/15 37,661.83 Grand Totals: 37,661.83 Grand Totals: 37,661.83 Report GL Period Summary GL Period Amount 05/15 37,661.83 Grand Totals: 37,661.83 Vendor number hash: 7917142 Vendor number hash - split: 9251657 CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 4 Input Dates: 5/1/2015 - 5/7/2015 May 07, 2015 12:54PM Terms Description Invoice Amount Discount Amount Net Invoice Amount Total number of invoices: Total number of transactions: 29 39 Terms Description Invoice Amount Discount Amount Net Invoice Amount Open Terms 37,661.83 .00 37,661.83 Grand Totals: 37,661.83 .00 37,661.83 CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 1 Input Dates: 4/30/2015 - 4/30/2015 Apr 30, 2015 03:14PM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period 04/30/2015 210300 US BANK US BANK US BANK US BANK US BANK US BANK US BANK US BANK US BANK US BANK US BANK 210300 043015 1 Invoi 210300 043015 2 Invoi 210300 043015 3 Invoi 210300 043015 4 Invoi 210300 043015 5 Invoi 210300 043015 6 Invoi 210300 043015 7 Invoi 210300 043015 8 Invoi 210300 043015 9 Invoi 210300 043015 10 Invoi Total 210300 US BANK: Total 04/30/2015: 4/30/2015 GL Period Summary GL Period Amount 04/15 1,236.89 Grand Totals: 1,236.89 Grand Totals: Report GL Period Summary GL Period Amount 04/15 1,236.89 Grand Totals: 1,236.89 Vendor number hash: Vendor number hash - split: Total number of invoices: Total number of transactions: Terms Description 210300 2103000 1 10 VISA -WEBSITE MTC VISA -SURVEY SUBSCRIPTION VISA -FUEL VISA -TRAINING LODGING VISA -OFFICE SUPPLIES POWE VISA -EMS TRAINING SUPPLIES VISA -VEHICLE AIR/FUEL FILTE VISA -PHONE CASES VISA -SALES TAX VISA -CLEANING SUPPLIES VAC 04/30/2015 04/30/2015 119.40 801-42-2210-406 04/15 04/30/2015 04/30/2015 204.00 801-42-2210-435 04/15 04/30/2015 04/30/2015 30.69 801-42-2210-212 04/15 04/30/2015 04/30/2015 236.99 801-42-2210-331 04/15 04/30/2015 04/30/2015 112.96 801-42-2210-201 04/15 04/30/2015 04/30/2015 184.80 801-42-2240-201 04/15 04/30/2015 04/30/2015 15.07 801-42-2210-404 04/15 04/30/2015 04/30/2015 80.88 801-42-2210-321 04/15 04/30/2015 04/30/2015 17.09- 801-21800 04/15 04/30/2015 04/30/2015 269.19 801-42-2210-202 04/15 Invoice Amount Discount Amount Net Invoice Amount Open Terms Grand Totals: 1,236.89 .00 1,236.89 1,236.89 .00 1,236.89 1,236.89 1,236.89 1,236.89 CITY COUNCIL WORK SESSION April 27, 2015 DRAFT CITY OF LINO LAKES 2 MINUTES 3 4 DATE : April 27, 2015 5 TIME STARTED : 5:30 p.m. 6 TIME ENDED : 6:10 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Kusterman, 8 Rafferty, Roeser and Mayor Reinert 9 MEMBERS ABSENT : None 10 11 12 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 13 Swenson; Community Development Director Michael Grochala; Finance Director Al 14 Rolek; City Clerk Julie Bartell 15 16 1. Anoka County Public Safety Data System Update — Public Safety Director 17 Swenson reviewed a PowerPoint presentation (on file) reporting on the following: 18 19 The system began with special legislation authorizing bonding through Anoka 20 County for a regional data system (for 22 cities) to replace the CAD system and 21 integrating public safety systems to allow shared data; 22 The project to implement the system was handled by the Anoka County Joint Law 23 Enforcement Council using an RFP process; 24 The hardware and software is being purchased by the County; local jurisdictions 25 will be responsible for ongoing support and maintenance and he reviewed the 26 charges proposed to the City; 27 Timeline on actions to bring the system forward to implementation. 28 29 The council discussed proposed yearly maintenance costs. Council Member Roeser 30 noted internal staff costs are included with outside assistance; staff explained how the 31 proposed staffing will result in consistency. 32 33 The mayor indicated that the matter should be added to the regular work session agenda 34 to allow for more discussion if needed. 35 36 2. Review Regular Agenda of April 27, 2015 37 38 Item 2A) Consider Resolution No. 15-44 Awarding the Sale of General Obligation 39 Bonds, Series 2015A — The City's financial consultant, Terri Heaton of Springsted, Inc. 40 distributed information on the sale of the bonds that occurred earlier in the day. She 41 stressed that the results were very favorable for the City. The bond issue amount 42 dropped (with the work of staff and the approval of the council) and the bond interest rate 43 bids were low. The low bid came in at 2.08 percent, under the estimate, and that will 44 result in savings to the taxpayers in repayment. 45 CITY COUNCIL WORK SESSION April 27, 2015 DRAFT 46 Item 3A) Consider Resolution No. 15-42, Approving On -Sale Wine and Beer 47 License with Sunday Sales for Elwood's — City Clerk Bartell noted that an individual 48 has applied for a 3.2 beer and wine license but staff has just today determined that the 49 individual is not eligible for the requested license because he already holds an off -sale 50 license in the city. The city code doesn't allow for more than one license. 51 The recommendation at this time is for the council to refer the matter back to staff. 52 53 Item 6A) Consider Resolution No. 15-45, Granting Conservation Easement to the 54 Rice Creek Watershed District (RCWD) and Approving a Wetland Buffer 55 Maintenance Agreement- Community Development Director Grochala noted approvals 56 received from the RCWD Board and staff is working on related conditions. A second 57 easement dealing with wetland mitigation is working its way through the process also. 58 59 The meeting was adjourned at 6:10 p.m. 60 61 These minutes were considered, corrected and approved at the regular Council meeting held on 62 May 11, 2015. 63 64 65 66 67 Julianne Bartell, City Clerk Jeff Reinert, Mayor 68 2 COUNCIL MINUTES April 27, 2015 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : April 27, 2015 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:10 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Kusterman, Rafferty, 8 Roeser, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; Finance Director Al Rolek; Chief of Police John Swenson; and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 No one was present to address the council regarding a matter not on the agenda. 17 18 SETTING THE AGENDA 19 20 The agenda was approved as presented. 21 22 SPECIAL PRESENTATION 23 24 Officers of American Legion Post 566 in Lino Lakes presented their nomination for Police Officer 25 and Firefighter of the Year. Officer Dan Thill and Firefighter Stu Domitz were present and accepted 26 the nominations. Congratulations were offered by the mayor and city council. 27 28 CONSENT AGENDA 29 30 Council Member Roeser moved to approve Consent Agenda Items 1A, 1C, 1D, 1E, and 1F as 31 presented. Council Member Kusterman seconded the motion. Motion carried on a voice vote. 32 33 Council Member Roeser moved to approve Consent Agenda Item 1B as presented. Council Member 34 Rafferty seconded the motion. Motion carried on a voice vote; Council Member Kusterman 35 abstained. 36 37 ITEM ACTION 38 39 Consideration of Expenditures: 40 41 April 27, 2015 (Check No. 100158 - 42 100251, $534,314.71) Approved 43 44 Centennial Fire District (Check No. 6888 - 45 6915, $53,183.98) Approved 1 COUNCIL MINUTES April 27, 2015 DRAFT 46 47 April 6, 2015 Council Work Session Minutes Approved 48 Council Member Kusterman absent 49 50 April 13, 2015 City Council Meeting Minutes Approved 51 52 Expansion of Premise, Outdoor Patio located at 53 8001 Lake Drive, Paleo's Approved 54 55 Resolution No. 15-43, Special Event Permit and 56 Parade Permit for Ethan's Reason Run and One -Mile 57 Walk Approved 58 59 Approval of Advisory Board Appointments 60 (Planning & Zoning and Environmental Board) Approved 61 62 FINANCE DEPARTMENT REPORT 63 64 2A) Resolution No. 15-44, Awarding the Sale of General Obligation Bonds, Series 2015A- 65 Finance Director Rolek reviewed his written staff report indicating that the city has previously 66 authorized the sale of bonds to finance street reconstruction and other street improvement projects in 67 2015. Bids on the sale of these bonds were opened this day and he introduced the city's financial 68 consultant, Terri Heaton, to review the results of the sale. 69 70 Ms. Heaton reviewed the bid tabulations provided to the council and explained that all elements of 71 the sale came together nicely. After bids for construction came in favorable, the budget for the 72 project was reduced significantly thus allowing a significatn reduction in the bond amount. There 73 were eight bids received which is a strong showing and she believes that is inspired by the city's 74 favorable bond rating of AA. The low interest rate bid came in at 2.08, lower than anticipated in 75 projections. She also reviewed the rating agency report on the city's bond rating. 76 77 Mayor Reinert noted that the City is two levels from the top bond rating, having moved up in the past 78 ten years. He is glad to see so much bidding on the city's bonds because it brings the best rate. He 79 thanked staff and Springsted for the good work in bringing this forward. Council Member Roeser 80 added his thanks to staff, including all those who work to keep the city strong through good 81 management. He recognizes that the favorable bond rating saves taxpayers' money. Council 82 Member Kusterman noted recent discussion about the city's reserves and asked if that has any impact 83 on the bond rating? Ms. Heaton explained that the rating agencies do look at cash on hand and also 84 debt levels; apparently they feel that the city has struck a good balance since they offered a strong 85 rating. 86 87 Council Member Kusterman moved to approve Resolution No. 15-44 as presented at the City Council 88 meeting. Council Member Roeser seconded the motion. Motion carried on a voice vote. 89 90 2 COUNCIL MINUTES April 27, 2015 DRAFT 91 ADMINISTRATION DEPARTMENT REPORT 92 3A) Resolution No. 15-42, Approving On -Sale Wine and 3.2 Beer License with Sunday Sales 93 for Elwood's — City Clerk Bartell reported that the city received a beer and wine license application 94 for a restaurant that will be opening at 7997 Lake Drive. Staff has since determined that the 95 applicant is not eligible for the requested license since he currently holds an off -sale license in the 96 city. She noted Section 701.06 of the City Code that disallows individuals from holding more than 97 one intoxicating license. Staff is withdrawing the recommendation to approve the license and is 98 requesting that the council refer the subject matter back to staff. 99 100 Council Member Kusterman moved that Resolution No. 15-42 be referred back to staff. Council 101 Member Roeser seconded the motion. Motion carried on a voice vote. 102 103 PUBLIC SAFETY DEPARTMENT REPORT 104 105 4A) Public Safety Department Update - Chief Swenson reported on the following: 106 107 - New Fire Station — he recognized the Community Development Department for their work in 108 securing the necessary permits for the construction site. The contractor will be moving onto 109 the site on April 29 with a completion date of December 4 planned. 110 Fire Personnel — there are 32 firefighters either through training or enrolled in training; the 111 next training class begins on August 8. 112 - Appartus — the two new fire trucks are purchased and received by the city and are currently 113 being updated with equipment and graphics. They should be ready for council review in 114 May. 115 - Anoka County SAFER Grant — staff has submitted for reimbursement of expenses related to 116 medical and psychological screening of Lino Lakes firefighters. 117 118 PUBLIC SERVICES DEPARTMENT REPORT 119 120 There was no report from the Public Services Department. 121 122 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 123 124 6A) Resolution No. 15-45, Granting Conservation Easement to RCWD and Approving 125 Wetland Buffer Maintenance Agreement for the Lino Lakes Fire Station- Community 126 Development Director Grochala reviewed the agreements proposed with the Rice Creek Watershed 127 District (RCWD) related to the Wetland Management Corridor property located within the fire station 128 project site. He noted that the terms of the easement agreement (over wetland) may require an 129 amendment in the future. 130 131 Council Member Kusterman moved to approve Resolution No. 15-45 as presented. Council Member 132 Rafferty seconded the motion. Motion carried on a voice vote. 133 134 135 3 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 COUNCIL MINUTES April 27, 2015 DRAFT UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY EVENTS ANNUAL RECYCLE DAY will be held at 1189 Main Street on Saturday, May 2, 2015 from 9:00 a.m. to 3:00 p.m. Items accepted include: furniture, mattresses & box springs. See city website for full list of accepted items. ARBOR DAY CELEBRATION will be held at Lino Lakes Elementary on Friday, May 8, 2015 at 2:30 p.m. For more information contact Lino Lakes Elementary. COMMUNITY CALENDAR 4- Wednesday, April 29 Monday, May 4 Monday, May 4 4- Thursday, May 7 Monday, May 11 Community Calendar — A Look Ahead April 27, 2015 through May 11, 2015 6:30 pm, Council Chambers Environmental Board 5:30 pm, Community Room Council Work Session 6:30 pm, Council Chambers Park Board 8:00 am, Community Room EDAC 6:30 pm, Council Chambers City Council Meeting ADJOURN There being no further business, Council Member Kusterman moved to adjourn at 7:10 p.m. Council Member Rafferty seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 11, 2015. Julianne Bartell, City Clerk 4 Jeff Reinert, Mayor STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 1D Katie Larsen, City Planner May 11, 2015 Consider Resolution No. 15-47, Extension of Time for the Submittal of the Planned Unit Development Final Plan/Final Plat, Century Farm North 6th Addition 3/5 Gary Uhde of Century Farm North Development, Inc., the developer of Century Farm North, is requesting a one year extension for submittal of the PUD Final Plan/Final Plat for Century Farm North 6th Addition. BACKGROUND On July 28, 2014 the City Council passed Resolution No. 14-43 approving an amendment to the PUD Development Stage Plan/Preliminary Plat for Century Farm North, a residential subdivision. On February 9, 2015, the developer submitted an application for PUD Final Plan/Final Plat for Century Farm North 6th Addition. The Planning & Zoning Board reviewed and made recommendation of approval on March 11, 2015. The developer then requested the PUD Final Plan/Final Plat not be presented to City Council until further notice in order to secure financing. The City's zoning and subdivision ordinance requires a complete application for PUD Final Plan/Final Plat be submitted no later than one year after the date of approval of the preliminary plat (July 2015). The City Council may grant a 6 month extension upon request of the developer. Although the developer technically submitted a complete application within the one year deadline, final City Council approval will extend past the deadline. RECOMMENDATION Although the developer requested a one year extension, staff is only recommending a 6 month extension in compliance with ordinance. Staff recommends approval of Resolution No. 15-47 granting a 6 month extension until January 31, 2016 for submittal of the PUD Final Plan/Final Plat for Century Farm North 6th Addition. ATTACHMENTS 1. Resolution No. 15-47 1 CITY OF LINO LAKES RESOLUTION NO. 15-47 RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE SUBMITTAL OF THE PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN/FINAL PLAT FOR CENTURY FARM NORTH 6TH ADDITION WHEREAS, review and approvals of plats are governed by Minnesota Statutes and City of Lino Lakes ordinances; and WHEREAS, an amendment to the PUD Development Stage Plan/Preliminary Plat for Century Farm North was approved by the City Council on July 28, 2014 with Resolution No. 14-43; and WHEREAS, the city's zoning and subdivision ordinance requires the PUD Final Plan/Final Plat be submitted within one year after approval of the PUD Development Stage Plan/Preliminary Plat; and WHEREAS, the developer submitted an application for PUD Final Plan/Final Plat within one year after the date of approval of the PUD Development Stage Plan/Preliminary Plat but then requested the application not be presented to the City Council; and WHEREAS, the developer has requested the city to extend the time allowed for submittal of a PUD Final Plan/Final Plat; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, 1. The PUD Final Plan/Final Plat for Century Farm North 6th Addition shall be submitted by January 31, 2016 unless an additional extension is granted by the City Council. 2. All conditions of approval for Resolution No. 14-43 will continue to apply to the site. Adopted by the Council of the City of Lino Lakes this 11th day of May, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk 1 Jeff Reinert, Mayor CITY COUNCIL AGENDA ITEM lE STAFF ORIGINATOR: Jeff Karlson MEETING DATE: May 11, 2015 TOPIC: Wage Increase for Part -Time Video Technician VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve a wage increase for the part-time video technician from $12.00 to $15.00 per hour. BACKGROUND Reed Johnson was hired about eight years ago to run the live broadcasts in the video control room for the City Council and Planning and Zoning meetings. He also operates the control room for the Environmental Board meetings, which are taped broadcasts. The North Metro Cable Commission recently approved an increase for the part-time video technicians to $15.00 per hour. RECOMMENDATION Staff recommends that Reed Johnson's hourly rate be increased to $15.00 an hour, effectively immediately. ATTACHMENTS None BOARD OF REVIEW MINUTES April 27, 2015 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 BOARD OF APPEAL 4 5 DATE : April 27, 2015 6 TIME STARTED : 6:15 p.m. 7 TIME ENDED : 6:20 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, Roeser, Rafferty, 9 Kusterman and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator Jeff Karlson; City Clerk Julie Bartell 13 Anoka County Assessor Staff present: Peggy Nordrum, Appraiser; Scott Schutz, Residential 14 Appraiser. 15 16 Mayor Reinert called the meeting to order. 17 18 Anoka County Appraiser Schutz explained that Anoka County staff has taken a few phone calls from 19 property owners with questions. He believes they were able to answer all questions to their 20 satisfactions. 21 22 The council had reviewed the official board report at a recent work session. 23 24 There were no property owners present who wished to address the Board of Appeal. 25 26 ADJOURN 27 28 Council Member Rafferty moved to adjourn the meeting at 6:25 p.m. Council Member Kusterman 29 seconded the motion. Motion carried on a voice vote. 30 31 These minutes were considered and approved at the regular Council Meeting on May 13, 2015. 32 33 34 Julianne Bartell, City Clerk Jeff Reinert, Mayor 1 CITY COUNCIL AGENDA ITEM 2A STAFF ORIGINATOR: Al Rolek MEETING DATE: May 11, 2015 TOPIC: Consider Resolution 15-51 Authorizing the Execution and Delivery of a Ground Lease, Lease -Purchase Agreement and Related Documents VOTE REQUIRED: 3/5 INTRODUCTION The City Council has approved Resolution 15-32 setting parameters for the issuance of Lease Revenue Bonds, Series 2015A, by the Lino Lakes Economic Development Authority (EDA) for financing for a new fire station facility. The City must now consider entering into a ground lease and a lease -purchase agreement with the EDA to go forward with this financing. Attached to this report are drafts of Resolution 15-51, the Ground Lease agreement and the Lease -Purchase agreement. BACKGROUND The City Council has entered into a contract to construct a fire station facility at Birch Street and Centerville Road. The project will be financed with lease -revenue bonds issued through the Lino Lakes Economic Development Authority (EDA). The City currently owns the property on which the facility is to be built. In order for the EDA to finance the project, the City must provide a ground lease to the EDA for the land on which the building will reside. The lease will commence upon the signing of the agreement, tentatively June 1, 2015, and will terminate according to the terms written in Article III of the agreement. The rent on the lease of the property will consist of good consideration and the payment of $1.00. The City Council will also enter into a lease -purchase agreement with the EDA. The lease will be in effect through February 1, 2036, at which time the financing for the facility will be retired. At that time the facility will become the property of the City. The City will annually appropriate funds to pay its lease obligation to the EDA, equal to the annual debt service payments, according to Exhibit B of the agreement, including all fees, charges and agent and counsel fees as they come due. The City agrees to maintain the property during the term of the lease and keep it in good repair. The City also agrees to provide liability and property insurance on the property and to indemnify the EDA during the lease term. All other terms and conditions of the lease -purchase agreement will also apply. Julie Eddington of the firm of Kennedy and Graven, Ltd., is the City's bond counsel. Ms. Eddington will be in attendance at tonight's meeting to address any questions or concerns you may have relative to these agreements. RECOMMENDATION Staff recommends approval of Resolution 15-51. ATTACHMENTS Resolution 15-51 Ground Lease between the City of Lino Lakes and The Lino Lakes Economic Development Authority Lease -Purchase Agreement between the Lino Lakes Economic Development Authority and the City of Lino Lakes CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 15-51 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE, LEASE -PURCHASE AGREEMENT, AND RELATED DOCUMENTS BE IT RESOLVED By the City Council (the "City Council") of the City of Lino Lakes, Anoka County, Minnesota (the "City") as follows: 1. Background; Authorizations. (a) The City and the Lino Lakes Economic Development Authority (the "Authority") have determined that it is in the best interests of the City and its residents that the City undertake the acquisition, construction, and equipping of a new fire hall (the "Facility") to be located on certain land (the "Site") in the City (the "Project"). (b) The Authority has proposed to finance the Project through the issuance and sale by the Authority of its Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation) (the "Bonds"), and on March 23, 2015, the City Council approved the issuance of the Bonds by the Authority. (c) Forms of the following lease documents have been presented before the City Council: (i) a Ground Lease, to be dated on or after June 1, 2015 (the "Ground Lease"), between the City, as lessor, and the Authority, as lessee, pursuant to which the Authority will lease the Site from the City; and (ii) a Lease -Purchase Agreement, to be dated on or after June 1, 2015 (the "Lease"), between the Authority, as lessor, and the City, as lessee, pursuant to which the City will lease the Site and the Facility to be constructed thereon from the Authority. (d) An Official Statement (the "Official Statement") has been prepared by Springsted Incorporated with respect to the Bonds and has been presented before the City Council. 2. Payment of Lease Payments. The City will pay to the registrar for the Bonds, promptly when due, all of the lease payments due under the Lease (the "Lease Payments") and other amounts required by the Lease. To provide moneys to make such payments, the City will include in its annual budget, for each fiscal year (the "Fiscal Year") during the term of the Lease, commencing with the Fiscal Year ending on December 31, 2016, moneys sufficient to pay and for the purpose of paying all Lease Payments, a reasonable estimate of additional Lease Payments, and other amounts payable under the Lease. The City will approve its annual budget no less than three months prior to any Lease Payment paid with a tax levy or other moneys included in that annual budget. The agreement of the City in this section is subject to the City's right to terminate the Lease at the end of any Fiscal Year, as set forth in Section 5.6 of the Lease. 3. Continuing Disclosure. (a) "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate to be executed by the Mayor and City Administrator of the City and dated as of the date of issuance of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 460729v1 JAE LN140-112 (b) The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate substantially in the form on file with the City. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 4. Official Statement. The Official Statement, as completed and supplemented, and its distribution to potential purchasers of the Bonds, is hereby approved. The Mayor and City Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5. Authorization of Documents. (a) The Mayor and the City Administrator are authorized and directed to execute and deliver the Ground Lease, the Lease, and the Continuing Disclosure Certificate on behalf of the City, substantially in the forms on file with the City, but with all such changes therein as shall be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all of the transaction documents shall be delivered, filed and recorded as provided therein. The Mayor, the City Administrator, and other City officers are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated. (b) The officers of the City are authorized and directed to prepare and furnish to the original purchaser of the Bonds, and to the attorneys approving the Bonds, certified copies of all proceedings and records of the City relating to the power and authority of the City to enter into the Ground Lease, the Lease, and the Continuing Disclosure Certificate within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the City as to the facts stated therein. Adopted by the Council of the City of Lino Lakes this day of , 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk 2 460729v1 JAE LN140-112 Jeff Reinert, Mayor First Draft April 29, 2015 GROUND LEASE between CITY OF LINO LAKES, MINNESOTA, as Lessor and LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, as Lessee Dated as of June 1, 2015 Related to: $4,430,000 Lino Lakes Economic Development Authority Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation) This instrument drafted by: KENNEDY & GRAVEN, Chartered (JAE) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 (612) 337-9300 GROUND LEASE THIS GROUND LEASE, dated as of June 1, 2015 (the "Ground Lease"), is by and between the CITY OF LINO LAKES, MINNESOTA, a home rule charter city and political subdivision of the State of Minnesota, as lessor (the "City"), and the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and political subdivision of the State of Minnesota, as lessee (together with its successors and assigns as lessee hereunder, the "Authority"). WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I Demise of Site and Warranties Section 1.01. Demise. Subject to and upon the terms, conditions, covenants and undertakings hereinafter set forth, the City hereby leases and permits the use to, and the Authority hereby leases from the City, the property described in EXHIBIT A attached hereto, located in Anoka County, Minnesota (hereinafter called the "Site"). Section 1.02. Warranties. The City covenants and warrants to the Authority: (1) That the City has good and merchantable title to the Site, has authority to enter into, execute and deliver this Ground Lease, has duly authorized the execution and delivery of this Ground Lease, and has duly executed and delivered this Ground Lease; (2) That the Site is not subject to any dedication, easement, right-of-way, reservation in patent, covenant, condition, restriction, lien or encumbrance which would prohibit or materially interfere with the alteration, improvement or operation of certain facilities (hereinafter called the "Facilities") on the Site, as contemplated by that certain Lease -Purchase Agreement, dated as of June 1, 2015 (the "Lease"), between the Authority, as lessor, and the City, as lessee; (3) That all taxes, assessments or impositions of any kind with respect to the Site, except current taxes, have been paid in full; (4) That the Site is properly zoned for the purpose of the Facilities; and (5) That the City has authority to enter into, execute and deliver the Lease, has duly authorized its execution and delivery, and has duly executed and delivered the Lease. Section 1.03. Environmental Covenant. To the best knowledge of the City, after due inquiry, (i) no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed by the provisions of any federal, state or local law, statute, code, ordinance, regulation, requirement or rule relating thereto (collectively, "Environmental Regulations"), and also including urea -formaldehyde, polychlorinated biphenyls, asbestos, asbestos -containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant or contaminant which would subject the owner of the Site and the Facilities to any damages, penalties or liabilities under any applicable Environmental Regulation (collectively, "Hazardous Substances") are now or have been stored, located, generated, produced, processed, treated, 460514v1 JAE LN140-112 1 transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Site or the Facilities in violation of any Environmental Regulation; (ii) no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, an industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is located at the Site or has previously been located therein but has been removed therefrom; (v) no violation of any Environmental Regulation now exists relating to the Site or the Facilities, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site or the Facilities by any governmental entity or agency which in any way relates to Hazardous Substances; (vi) no person, party or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under, over or from the Site; (viii) the Site is not listed in the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance. The City shall not store, locate, generate, produce, process, treat, transport, incorporate, discharge, emit, release, deposit or dispose of any Hazardous Substance in, upon, under, over or from the Site or the Facilities in violation of any Environmental Regulation; shall not permit any Hazardous Substance to be stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of or to escape therein, thereupon, thereunder, thereover or therefrom in violation of any Environmental Regulation; shall cause all Hazardous Substances to be properly removed therefrom and properly disposed of in accordance with all applicable Environmental Regulations; and shall not install or permit to be installed any underground storage tank therein or thereunder in violation of any Environmental Regulations which are applicable to the Site and the Facilities. In the event any Hazardous Substance is found upon, under, over or from the Site or the Facilities in violation of any Environmental Regulation or if any lien or claim for lien in favor of any governmental entity or agency as a result of any release of any Hazardous Substance is threatened, the City, at its sole cost and expense, shall, within ten days of such finding, deliver written notice thereof to the Authority and shall promptly remove such Hazardous Substances upon, under, over or from the Site or the Facilities and prevent the imposition of any liens against the Site or the Facilities for the cleanup of any Hazardous Materials. Such removal shall be conducted and completed in compliance with all applicable federal, state and local laws, regulations, rules, ordinances and policies, in accordance with the orders and directives of all federal, state and local governmental authorities. In the event the City has not removed such Hazardous Substances within a time period deemed reasonable by the Authority, the City shall, at the written direction of the Authority, take such remedial action as the Authority shall direct. In the event the City shall not comply with the written directions of the Authority within the time frame established within its written directions, the City hereby grants to the Authority an irrevocable license to remove Hazardous Substances from, repair, clean up, and detoxify the Site and the Facilities and agrees to reimburse the Authority for all of its costs therefor. The City further agrees, to the extent permitted by Minnesota law, to reimburse the Authority for any and all claims, demands, judgments, penalties, liabilities, costs, damages and expenses, including court costs and attorneys' fees directly or indirectly incurred by the Authority (prior to trial, at trial and on 460514v1 JAE LN140-112 2 appeal) in any action against or involving the Authority, resulting from any breach of the foregoing covenants, or from the discovery of any Hazardous Substance, in, upon, under or over, or emanating from the Site or the Facilities, whether or not the City is responsible therefor, it being the intent of the City and the Authority that the Authority shall have no liability or responsibility for damage or injury to human health, the environment or natural resources caused by, for abatement and/or clean up of, or otherwise with respect to, Hazardous Substances by virtue of the interest of the Authority in the Site and the Facilities pursuant to this Ground Lease, or hereafter created, or as the result of the Authority exercising any of its rights or remedies with respect thereto hereunder or under any other instrument, including but not limited to becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties and covenants of this Section shall be deemed continuing covenants, representations and warranties for the benefit of the Authority, including but not limited to any purchaser at a foreclosure sale, any transferee of the title of the Authority or any other purchaser at a foreclosure sale, and any subsequent owner of the Site or the Facilities, and shall survive the satisfaction or release of this Ground Lease, any foreclosure of a mortgage lien under any instrument, and/or any acquisition of title to the Site or the Facilities or any part thereof by the Authority, by deed in lieu of foreclosure of otherwise. Any amounts covered by the foregoing shall bear interest from the date incurred at the maximum rate permitted by law and shall be payable on demand. ARTICLE II Term and Rent Section 2.01. Term. The term of this Ground Lease shall commence as of the day and year first above written and shall end on the date the term of this Ground Lease is terminated in accordance with Section 3.01 hereof. Section 2.02. Rent. The rent for the entire term of this Ground Lease shall be One Dollar ($1.00), payable in one installment in advance on the Closing Date. ARTICLE III Termination Section 3.01. Termination. Subject to the other provisions of this Ground Lease, this Ground Lease shall terminate upon the occurrence of any one of the following events: (1) The payment by the City of all Lease Payments owing by the City as lessee under the Lease. (2) The exercise by the City of its option to prepay the Lease Payments and all other sums due in accordance with the terms and conditions of the Lease. (3) The termination of the Term of Lease by the City for non -appropriation pursuant to Section 5.6 of the Lease and the receipt by the Authority of amounts from the sublease or other disposition of the Authority's interest in the Site and the Facilities sufficient to: (a) Reimburse the Authority for all administrative costs and expenses, including reasonable attorneys' fees, incurred by the Authority as a result of the 460514v1 JAE LN140-112 3 termination of the Term of Lease and the sublease or sale of the Authority's interest in the Site and the Facilities; and (b) Reimburse the Authority for all capital costs and expenses in any manner incurred by the Authority with respect to preparing the Site and the Facilities for sublease for commercial or other lawful purposes (as used in this Ground Lease, the right to sublease the Site includes the right to sell all leasehold interests in the Site); and (c) Pay the unpaid principal of and interest on the Bonds described in the Lease. (4) The termination of the Term of Lease upon the occurrence of an Event of Default by the City under Article X of the Lease and the receipt by the Authority of amounts from the sublease or sale of the Authority's interest in the Site and the Facilities sufficient to: (a) Reimburse the Authority for all administrative costs and expenses, including reasonable attorneys' fees, incurred by the Authority as a result of the Event of Default and the termination of the Lease and the sublease or sale of the Authority's interest in the Site and the Facilities; and (b) Reimburse the Authority for all capital costs and expenses in any manner incurred by the Authority with respect to preparing the Site and the Facilities for sublease for commercial or other lawful purposes; and (c) Pay the unpaid principal of and interest on the Bonds described in the Lease. The amounts referred to in paragraphs (a), (b) and (c) of Section 3.01(3) or 3.01(4), as applicable, are hereinafter referred to as the "Reimbursement Amount." Section 3.02. Use of Revenues. After termination of the Term of Lease by the City because of non -appropriation pursuant to Section 5.6 of the Lease or termination of the Term of Lease upon the occurrence of an Event of Default under Article X of the Lease, revenues received by the Authority from the Site and the Facilities as contemplated in Section 3.01(3) or 3.01(4) hereof shall be applied as follows: FIRST An amount thereof equal to ongoing administrative costs and costs of operation of the Site and the Facilities may be retained by the Authority; SECOND An amount thereof equal to interest on the outstanding Reimbursement Amount at the rates per annum specified in Exhibit B to the Lease may be retained by the Authority; and THIRD Any remaining amount thereof shall be retained by the Authority and credited to the payment of the Reimbursement Amount. Use of the Site and the Facilities by the Authority or any affiliate of the Authority, other than for the purpose of assuming control, making any necessary changes in the Site or the Facilities, and the initial subleasing thereof, shall be treated as the sublease thereof on a monthly basis at the then current monthly value. 460514v1 JAE LN140-112 4 Section 3.03. Reports. In the event that the Term of Lease is terminated by the City because of non -appropriation pursuant to Section 5.6 of the Lease or terminated by the Authority as a result of the occurrence of an Event of Default by the City thereunder, the Authority shall keep complete and accurate records regarding any sublease of the Site and the Facilities and shall, within sixty (60) days after the end of each Fiscal Year of the City, deliver a written report to the City showing (a) all amounts received by the Authority from any sublease of the Site and the Facilities; (b) an analysis as to whether the Authority has received the Reimbursement Amount, with all supporting calculations; and (c) the date, if any, during the next Fiscal Year of the City on which the Authority expects to receive the Reimbursement Amount. Such written report shall be verified by a certified public accountant or firm of certified public accountants not in the regular employ of the Authority. The City shall have the right, at its own expense, to examine all of the Authority's records insofar as they relate to the Site and the Facilities. Such examination shall be made at the Authority's offices during normal business hours. Section 3.04. City's Option to Pay Reimbursement Amount. In the event that the Term of Lease is terminated by the City because of non -appropriation pursuant to Section 5.6 of the Lease or terminated by the Authority as a result of the occurrence of an Event of Default by the City thereunder, the unpaid balance of the Reimbursement Amount and any other payment required under Section 3.02 hereof may be paid by the City at any time. Upon such payment, this Ground Lease and the Authority's interest in the Site and the Facilities shall terminate; provided, that if the Authority's interest in the Site or the Facilities has been subleased to any sublessee pursuant to any sublease that is still in effect, this Ground Lease shall not terminate, but the Authority shall assign and set over to the City all of the Authority's interest in the Site and the Facilities granted under this Ground Lease, subject to all existing rights created in the Site and the Facilities by all such subleases, and the City shall be entitled to all rent payments with respect to any subleases of the Site and the Facilities. Section 3.05. Effect of Termination of Lease. In the event that the Term of Lease is terminated by the City because of non -appropriation pursuant to Section 5.6 of the Lease or terminated by the Authority as a result of the occurrence of an Event of Default by the City thereunder, the City shall have no continuing obligation under this Ground Lease after such termination, other than to continue to allow the Authority to continue to use and enjoy the Site and the Facilities as provided herein. ARTICLE IV Use of Site; Additional Covenants Section 4.01. Use. The Authority shall not use or permit the use of the Site for any unlawful purpose. Section 4.02. Quiet Enjoyment. The City covenants that upon the Authority's paying the rent reserved herein, and performing all conditions and covenants set forth in this Ground Lease and the Lease, the Authority shall and may peaceably have, hold and enjoy the Site for the term of this Ground Lease. The Authority covenants that upon expiration of this Ground Lease, it shall give the City peaceable possession of the Site, together with the Facilities and any other improvements constructed thereon pursuant to the Lease. Section 4.03. Assignment and Subletting. The Authority shall have the right to assign its interest in this Ground Lease, and to sublet the Site in accordance with the Lease. Section 4.04. Additional Covenants. In the event that any person or entity, however organized (other than the Authority or any assignee of the Authority), shall be determined to hold any interest that in 460514v1 JAE LN140-112 5 any manner affects the City's good and merchantable title to the Site, the City shall use its best efforts to acquire the interest so held, such acquisition to be made at the City's sole cost and expense. The City hereby agrees to save and keep harmless the Authority, or any assignee of the Authority, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys' fees, but only in the event that litigation is actually commenced by the Authority) of whatever kind and nature, imposed on, incurred by or asserted against the Authority, or any assignee of the Authority, that in any way relate to or arise out of the assertion of any interest affecting the City's good and merchantable title to the Site by any person or entity, however organized (other than the Authority or any assignee of the Authority). ARTICLE V Miscellaneous Section 5.01. Binding Effect. This Ground Lease shall be binding upon, and inure to the benefit of, the parties hereto, and their successors and assigns. Section 5.02. Certain Defined Terms. Unless the context hereof clearly requires otherwise, capitalized terms used in this Ground Lease and defined in the Lease are used herein with the same meanings as set forth in the Lease. 460514v1 JAE LN140-112 (The remainder of this page is intentionally left blank.) 6 IN WITNESS WHEREOF, the City has caused this Ground Lease to be executed in its corporate name by its duly authorized officers and the Authority has caused this Ground Lease to be executed in its name by its duly authorized officers, all as of the date and year first written above. CITY OF LINO LAKES, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by Jeff Reinert, the Mayor of the City of Lino Lakes, Minnesota, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by Jeff Karlson, the City Administrator of the City of Lino Lakes, Minnesota, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the City. 460514v1 JAE LN140-112 Notary Public S-1 Execution page of the Authority to the Ground Lease, dated as of the date and year first written above. STATE OF MINNESOTA ) ss. COUNTY OF ANOKA LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director The foregoing instrument was acknowledged before me this day of June, 2015, by , the President of the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by , the Executive Director of the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. 460514v1 JAE LN140-112 Notary Public S-2 [Insert legal description] 460514v1 JAE LN140-112 EXHIBIT A DESCRIPTION OF SITE A-1 Second Draft May 6, 2015 LEASE -PURCHASE AGREEMENT between LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, as Lessor and CITY OF LINO LAKES, MINNESOTA, as Lessee Dated as of June 1, 2015 Related to: $4,430,000 Lino Lakes Economic Development Authority Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation) This instrument drafted by: Kennedy & Graven, Chartered (JAE) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 (612) 337-9300 Error! Bookmark not defined. TABLE OF CONTENTS Page PARTIES AND RECITALS 1 ARTICLE I Definitions and Exhibits Section 1.1. Definitions 2 Section 1.2. Exhibits 4 ARTICLE II Representations, Covenants and Warranties Section 2.1. Representations, Covenants and Warranties of the City 6 Section 2.2. Representations, Covenants and Warranties of the Authority 7 ARTICLE III Acquisition, Construction, and Equipping of Facilities; Payment of Project Costs Section 3.1. Project Costs 8 Section 3.2. Acquisition, Construction, and Equipping of Facilities; Payment of Costs 8 ARTICLE IV Lease and Sale of Facilities Section 4.1. Lease and Sale of Facilities 10 Section 4.2. Lease Payments 10 Section 4.3. Additional Lease Payments 10 Section 4.4. Source of Lease Payments 10 Section 4.5. City's Obligations and Remedies 11 Section 4.6. Possession and Enjoyment 11 Section 4.7. Authority Access to Site and Facilities 12 ARTICLE V Term of Lease; Transfer or Surrender of Site and Facilities Section 5.1. Term of Lease 13 Section 5.2. Termination of Term of Lease 13 Section 5.3. Authority's Interest in the Site and Facilities 13 Section 5.4. Surrender of Site and Facilities 13 Section 5.5. Purchase; Conveyance of Title 13 Section 5.6. Non -Appropriation 14 Section 5.7. Intent to Continue Term; Appropriations 14 Section 5.8. Effect of Termination 14 460515v2 JAE LN140-112 1 ARTICLE VI General Matters Section 6.1. Use; Permits 15 Section 6.2. Maintenance and Modification of Facilities by the City 15 Section 6.3. Taxes, Other Governmental Charges and Utility Charges 16 Section 6.4. Liens 16 Section 6.5. Easements 16 Section 6.6. Addition and Substitution of Land 16 Section 6.7. Compliance with Bond Resolution 17 Section 6.8. Tax Covenants 17 Section 6.9. Rebate 18 ARTICLE VII Insurance and Indemnification; Damage, Destruction and Condemnation Section 7.1. Liability Insurance 19 Section 7.2. Property Insurance 19 Section 7.3. Administration of Claims, Etc 19 Section 7.4. Other Insurance and Requirements for All Insurance 19 Section 7.5. Indemnification 20 Section 7.6. Hazardous Substance Indemnification 20 Section 7.7. Damage, Destruction and Condemnation 20 Section 7.8. Insufficiency of Net Proceeds 21 Section 7.9. Cooperation of Authority 21 ARTICLE VIII Option to Purchase; Option to Prepay Section 8.1. Option to Purchase or Prepay 22 Section 8.2. Exercise of Option 22 Section 8.3. Provision for Payment of Purchase Price; Discharge of City's Obligation 22 Section 8.4. Prerequisite; No Default 22 ARTICLE IX Assignment, Subleasing, Indemnification, Mortgaging and Selling Section 9.1. Assignment by Authority 23 Section 9.2. Assignment and Subleasing by the City 23 Section 9.3. Restriction on Mortgage or Sale by the City 23 ARTICLE X Events of Default and Remedies Section 10.1. Events of Default Defined 24 Section 10.2. Remedies on Default 25 Section 10.3. Delay; Notice 25 460515v2 JAE LN140-112 Section 10.4. No Remedy Exclusive 25 Section 10.5. No Additional Waiver Implied by One Waiver 25 ARTICLE XI Administrative Provisions Section 11.1. Notices 26 Section 11.2. Binding Effect 26 Section 11.3. Severability 26 Section 11.4. Amendments, Changes and Modifications 26 Section 11.5. Further Assurances and Corrective Instruments 26 Section 11.6. Execution in Counterparts 26 Section 11.7. Applicable Law 26 Section 11.8. Authorized Officers 26 Section 11.9. Captions 27 SIGNATURES S-1 EXHIBIT A Description of Site and Permitted Encumbrances A-1 EXHIBIT B Schedule of Lease Payments B-1 EXHIBIT C Form of Completion Certificate C-1 460515v2 JAE LN140-112 111 LEASE -PURCHASE AGREEMENT THIS LEASE -PURCHASE AGREEMENT, dated as of June 1, 2015 (the "Lease"), is by and between the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and political subdivision of the State of Minnesota, as lessor (the "Authority"), and the CITY OF LINO LAKES, MINNESOTA, a home rule charter city and political subdivision of the State of Minnesota, as lessee (the "City"). WITNESSETH: WHEREAS, the City is authorized by law to acquire such items of real and personal property as are needed to carry out its governmental and proprietary functions, and to acquire such real and personal property by entering into lease -purchase contracts; and WHEREAS, the City has determined that it is necessary for it to acquire pursuant to this Lease the Authority's interest in certain real property described on EXHIBIT A attached hereto (the "Site"), together with the fire hall, structures and improvements constructed and to be constructed thereon and certain equipment to be contained therein (the "Facilities"); and WHEREAS, the development of the Site and the Facilities is consistent with and furthers the economic development functions of the Authority; and WHEREAS, the Authority is willing to acquire a leasehold interest in the Site pursuant to a Ground Lease, dated as of June 1, 2015 (the "Ground Lease"), between the City, as lessor, and the Authority, as lessee, and to acquire title to the Facilities and to lease and sell the Site and the Facilities to the City, pursuant to this Lease; and WHEREAS, to provide funds for the acquisition, construction and equipping of the Facilities, including certain public infrastructure necessary for the fire hall, the Authority will issue its Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation) (the "Bonds"), in the original aggregate principal amount of $4,430,000, pursuant to a resolution adopted by the Authority on March 23, 2015 (the "Bond Resolution"); and NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank) 1 ARTICLE I Definitions and Exhibits Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Lease and Exhibits attached hereto, have the meanings herein specified: "Additional Lease Payments" means payments due from the City pursuant to Section 4.3 hereof. "Authority" means the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, and its successors and assigns as lessor hereunder. "Authorized Officer," when used with respect to the City, means its Mayor, City Administrator, Finance Director, City Clerk or any other person who is designated in writing by the City as an Authorized Officer for purposes of this Lease, and when used with respect to the Authority means its Executive Director or any other person who is designated in writing by the Authority as an Authorized Officer for purposes of this Lease. "Bond Counsel" means any attorney or law firm having a national reputation as bond counsel in connection with the issuance of state and local governmental obligations and appointed by the Authority as bond counsel. "Bond Registrar" means U.S. Bank National Association, Saint Paul, Minnesota, or any successor Bond Registrar appointed by the Authority. "Bond Resolution" means the resolution authorizing the issuance and sale of the Bonds adopted by the Board of Commissioners of the Authority on March 23, 2015. "Bonds" means the Lease Revenue Bonds, Series 2015 (City of Lino Lakes, Minnesota Lease Obligation), issued by the Authority in the original aggregate principal amount of $4,430,000, pursuant to the Bond Resolution. "City" means the City of Lino Lakes, a home rule city and political subdivision of the State of Minnesota, and any successor to its functions. "City Council" means the City Council of the City and any successor as governing body of the City. "Closing Date" means June 18, 2015, the date upon which the Bonds are delivered to the Original Purchaser thereof against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended. "Completion Date" means the date of completion of the acquisition, construction and equipping of the Facilities, as evidenced by the certificate of the City described in Section 3.2(f) hereof. "Costs of Issuance" means all fees and expenses incurred by the City and the Authority in connection with the execution and delivery of the Lease and the issuance of the Bonds, including, but not limited to, costs of preparing and printing the Bonds, this Lease, the Ground Lease, the Paying Agent Agreement, the Official Statement relating to the Bonds, and related documents; legal fees (including, without limitation, those of Bond Counsel and counsel to the Authority and the City); recording fees and title insurance 460515v2 JAE LN140-112 2 premiums; Rating Agency fees; financial advisor's fees; and the Bond Registrar's and Paying Agent's initial fees. "Facilities" means the fire hall and any other buildings, structures and improvements to be constructed on the Site, and all furniture, fixtures and equipment to be acquired with proceeds of sale of the Bonds and located thereon. "Fiscal Year" means the twelve-month fiscal period of the City, which commences on January 1 and ends on December 31 of each year. "Ground Lease" means the Ground Lease, dated as of June 1, 2015, by which the City leases the Site to the Authority, as amended or supplemented from time to time. "Independent," when used with reference to an attorney, engineer, architect, certified public accountant, consultant or other professional person, means a person who (i) is in fact independent, (ii) does not have any material financial interest in the City or the transaction to which such person's certificate or opinion relates (other than payment to be received for professional services rendered), and (iii) is not connected with the Authority or the City as an officer, director or employee. "Independent Counsel" means an Independent attorney duly admitted to practice law before the highest court of any state. "Interest Payment Date" means February 1, 2016, and each August 1 and February 1 thereafter until the Bonds are paid in full. "Lease" means this Lease -Purchase Agreement, dated as of June 1, 2015, between the Authority, as lessor, and the City, as lessee, as amended or supplemented from time to time. "Lease Payment" means each of the payments due from the City to the Authority on each Lease Payment Date during the Term of Lease, as shown on EXHIBIT B attached hereto. "Lease Payment Date" means the date upon which any Lease Payment is due and payable as provided in EXHIBIT B attached hereto. "Net Proceeds," when used with respect to proceeds of insurance or a condemnation award, means moneys received or receivable by the City, as owner or as lessee hereunder, or the Authority, as lessee under the Ground Lease or as secured party, of the Site or the Facilities, less the cost of recovery (including attorneys' fees) of such moneys from the insuring company or the condemning authority. "Original Purchaser" means Piper Jaffray & Co. "Outstanding," when used as of any particular time with reference to the Bonds, means all Bonds theretofore authenticated and delivered by the City under the Bond Resolution except: (i) Bonds theretofore canceled by the Bond Registrar or surrendered to the Bond Registrar for cancellation; (ii) Bonds for the payment or redemption of which funds or direct obligations of or obligations fully guaranteed by the United States of America in the necessary amount shall have theretofore been deposited with the Bond Registrar (whether upon or prior to the maturity or the redemption date of such Bonds), provided that if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given pursuant to the Bond Resolution, or provision satisfactory to the Bond Registrar shall have been made for the giving of such notice; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authenticated and 460515v2 JAE LN140-112 3 delivered by the Bond Registrar pursuant to the terms of Section 2.03(h) of the Bond Resolution pertaining to the replacement of Bonds. "Owner" means the registered owner of any Outstanding Bond. "Paying Agent" means U.S. Bank National Association, Saint Paul, Minnesota, or any successor paying agent appointed by the Authority. "Paying Agent Agreement" means the Paying Agent Agreement, dated as of June 1, 2015, between the Paying Agent and the Authority, as amended or supplemented from time to time. "Permitted Encumbrances" means, as of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to provisions of Section 6.3 hereof, permit to remain unpaid; (ii) the Ground Lease, this Lease and amendments hereto or thereto; (iii) the Authority's interest in the Facilities; (iv) any mechanic's, laborer's, materialmen's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law; (v) such minor defects, irregularities, encumbrances, easements, rights-of-way and clouds on title as normally exist with respect to properties similar in character to the Site and which do not, in the opinion of Independent Counsel, materially impair the property affected thereby for the purpose for which it was intended; and (vi) easements, restrictions or encumbrances, if any, shown on EXHIBIT A hereto. "Project Costs" has the meaning provided in Section 3.2(b) hereof. "Project Fund" means the Project Fund established under the Bond Resolution. "Purchase Price" means, with respect to any date, cash or obligations of or guaranteed by the United States of America maturing at such times and in such amounts as to provide for the full and timely payment of all interest and premium, if any, on and principal of the Outstanding Bonds to maturity or an earlier redemption date, if applicable. The City shall be entitled to credit against the Purchase Price the amount of any moneys theretofore paid to and held by the Authority or the Paying Agent and available for the payment of the Outstanding Bonds. "Site" means the real property described in EXHIBIT A hereto, including any property added to or substituted for any portion of the Site, and less any real property released from this Lease pursuant to Article VI hereof. "State and Federal Laws" means the Constitution and any law of the State of Minnesota and any ordinance, rule or regulation of any agency or political subdivision of the State of Minnesota; and any law of the United States, and any rule or regulation of any executive department or federal agency. "Term of Lease" means the period during which this Lease may remain in effect as specified in Section 5.1 hereof. Lease: Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Lease. EXHIBIT A: A legal description of the Site and a listing of Permitted Encumbrances. EXHIBIT B: The date and amount of each Lease Payment coming due during the Term of 460515v2 JAE LN140-112 4 EXHIBIT C: The form of Completion Certificate to be delivered by the City to the Authority pursuant to Section 3.2(f) hereof. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 5 ARTICLE II Representations, Covenants and Warranties Section 2.1. Representations, Covenants and Warranties of the City. The City represents, covenants, and warrants as follows: (a) The City is authorized under its charter and the Constitution and laws of the State of Minnesota to enter into this Lease and the transactions contemplated hereby, and to perform all of its obligations hereunder. (b) Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the City, or upon the Site and the Facilities except Permitted Encumbrances. (c) This Lease is entered into under authority of and pursuant to Minnesota Statutes, Section 465.71. (d) The officers of the City executing this Lease have been duly authorized to do so. (e) The City will not pledge, mortgage or assign this Lease, or its rights, duties and obligations hereunder to any other person, firm or corporation except as provided under the terms of this Lease. (f) Subject to the City's rights under Section 5.6 hereof, the Facilities will be used until the Bonds have all been paid primarily to carry out the essential governmental or proprietary purposes of the City. (g) Subject to the provisions of Section 5.6 hereof, the Finance Director of the City will include in the annual budget of the City submitted to the City Council, for each Fiscal Year during the Term of Lease, moneys sufficient to pay and for the purpose of paying all Lease Payments and Additional Lease Payments and other obligations of the City under this Lease, and for this purpose the City will make a reasonable estimate of Additional Lease Payments to become due in the next Fiscal Year, and will take all other actions necessary to provide moneys for the payment of the obligations of the City under this Lease from sources of the City lawfully available for this purpose. (h) Except to the extent specifically provided herein, the City is not obligated to appropriate or otherwise provide moneys for the payment of the Lease Payments or any other amounts coming due hereunder; and in the event of non -appropriation or non -renewal by the City, the City shall not be liable for general, special, incidental, consequential or other damages resulting therefrom. This Lease does not constitute a general obligation of the City, and the full faith and credit and taxing powers of the City are not pledged for the payment of the Lease Payments or other amounts coming due, or other actions required to be performed, hereunder. (i) The City hereby declares its current need for the Facilities. The City has determined that the purchase price to be paid for the Site and the Facilities under this Lease represents the fair 460515v2 JAE LN140-112 6 market value of the Facilities; that the Lease Payments and Additional Lease Payments hereunder during the Term of Lease represent the fair value of the use of the improved Facilities; and that the Purchase Price represents the fair purchase price of the Facilities. The City hereby determines that the Lease Payments and Additional Lease Payments do not exceed a reasonable amount so as to place the City under an economic compulsion to renew this Lease or to exercise its option to purchase the Facilities hereunder. In making such determinations the City has given consideration to the costs of the Facilities, the uses and purposes for which the Facilities will be employed by the City, the benefit to the City by reason of the acquisition of the Facilities pursuant to the terms and provisions of this Lease and the City's option to purchase the Facilities. The City hereby determines and declares that the acquisition, construction and equipping of the Facilities and the leasing of the Facilities pursuant to this Lease will result in facilities of comparable quality and meeting the same requirements and standards as would be necessary if the acquisition of the Facilities were performed by the City other than pursuant to this Lease. The City hereby determines and declares that the period during which the City has an option to purchase the Facilities (i.e., the Term of Lease) does not exceed the anticipated useful life of the Facilities. Section 2.2. Representations, Covenants and Warranties of the Authority. The Authority represents, covenants, and warrants as follows: (a) The Authority is a public body corporate and politic and political subdivision of the State of Minnesota; has power to enter into this Lease; is possessed of full power to own and hold real and personal property, and to sell the same; and has duly authorized the execution and delivery of this Lease. (b) Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Authority is now a party or by which the Authority is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Authority, or upon the Site and the Facilities except Permitted Encumbrances. (c) This Lease is entered into under authority of and pursuant to Minnesota Statutes, Sections 469.090 through 469.1082. (d) The Authority declares and finds that the Facilities promote economic development generally by ensuring a modern and efficient fire hall in the City. (e) The officers of the Authority executing this Lease have been duly authorized to do so. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 7 ARTICLE III Acquisition, Construction and Equipping of Facilities; Payment of Costs Section 3.1. Project Costs. The City has estimated that the costs of acquiring, constructing, and equipping of the Facilities and the Costs of Issuance of the Bonds will be not less than $4,430,000. In order to provide the moneys needed to pay such costs when due, and in consideration of the actions agreed to be performed by the City under this Lease, the Authority has adopted the Bond Resolution, pursuant to which the proceeds of the sale of the Bonds in the amount of $ (par amount of $4,430,000, [plus original issue premium of $ ,] [less original issue discount of $ ,] less underwriter's discount of $ ), plus accrued interest, if any, will be deposited with the City. Section 3.2. Acquisition, Construction and Equipping of Facilities; Payment of Costs. (a) The Authority shall cause the Facilities to be constructed with all reasonable dispatch. The Authority hereby appoints the City as its agent for the purpose of acquisition, construction and equipping of the Facilities, and the City may perform the same itself or through its agents, and may make or issue such contracts, orders, receipts and instructions, and in general do or cease to be done all such other things as it may consider requisite or advisable for the completion of the acquisition, construction and equipping of the Facilities and for fulfilling its obligations under this Article. The City shall have full authority and the sole right under this Lease to supervise and control, directly or indirectly, all aspects of the acquisition, construction and equipping of the Facilities. (b) The Authority shall deposit the proceeds of the Bonds in the amount of $ with the City for credit to the Project Fund, as provided in the Bond Resolution. Amounts in the Project Fund shall be disbursed to pay the following costs (referred to as "Project Costs"): (i) Obligations incurred for labor and to contractors, builders and material suppliers in connection with the construction of the Facilities, including obligations for machinery, materials and equipment therefor; (ii) Costs of acquisition of land and all interests in land required specifically for the Site, site improvements required for the construction or operation of the Facilities, demolition of any portion of the existing building on the Site and removal of any equipment therefrom (net of any salvage); (iii) Costs of acquisition and installation of equipment, furnishings and other tangible personal property required for the Facilities; (iv) Fees and expenses of engineers and architects for surveys, estimates and other preliminary investigations, preparation of plans, drawings and specifications, and supervising construction, as well as for the performance of all other duties of engineers and architects in relation to the Facilities or the issuance of the Bonds therefor, including the costs of such services as may have been performed by employees of the City; (v) Expenses of administration, supervision and inspection properly chargeable to the construction of the Facilities, administrative fees and other expenses relating to construction of the Facilities, title insurance premiums, abstracting and filing fees, and legal expenses and fees; 460515v2 JAE LN140-112 8 (vi) Costs of Issuance of the Bonds; (vii) The payment of interest on the Bonds during construction of the Facilities; and (viii) Any other obligation or expense heretofore or hereafter incurred by the City in connection with the Facilities defined as and constituting a proper cost of the Facilities and approved by an Authorized Officer of the City. (c) Before any of the payments referred to in this Section may be made from the Project Fund, an Authorized Officer of the City shall certify to the Authority with respect to each such payment: (i) that none of the items for which the payment is proposed to be made has formed the basis for any payment theretofore made from the Project Fund; and (ii) that each item for which payment is proposed to be made is or was necessary in connection with acquisition, construction, and equipping of the Facilities. In the case of any construction contract providing for the retention of a portion of the contract price, there shall be paid only the net amount remaining after deduction of any such portion. Notwithstanding anything to the contrary herein, proceeds of the Bonds may be applied directly to pay Costs of Issuance. (d) Money in the Project Fund shall be subject to withdrawal from time to time only for the purposes of paying Project Costs or for the reimbursement to the City, subject to any applicable provision of law, for payments theretofore made by the City for Project Costs. The Authority agrees that none of the funds in the Project Fund shall be used for any purposes other than payment or reimbursement of Project Costs and the payment of principal of, premium (if any) on and interest on the Bonds. (e) If the proceeds of the Bonds, together with any other moneys available to pay the costs of acquisition, construction, and equipping of the Facilities, shall not be sufficient to pay such costs in full, then the City shall pay all that portion of the costs in excess of the moneys available therefor. If the City shall make any payments pursuant to this paragraph (e), it shall not be entitled to any reimbursement therefor from the Authority or the Owners of the Bonds, nor shall it be entitled to any diminution in or postponement of the payment of the Lease Payments, the Additional Lease Payments or the payment of any other amounts payable under this Lease. (f) The Completion Date shall be the date on which the Facilities are completed in their entirety and are ready to be placed in service and all other property which constitutes the Facilities has been acquired and installed, all as determined by the City. Promptly after the Completion Date, the City shall submit to the Authority a certificate signed by an officer of the City, substantially in the form of EXHIBIT C hereto, which shall specify the Completion Date and shall state that construction of the Facilities has been completed and the costs thereof have been paid, except for any portion thereof which has been incurred but is not then due and payable, or the liability for the payment of which is being contested or disputed by the City. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date thereof or which may subsequently come into being. The certificate as to the Completion Date shall include a list of the equipment fmanced with proceeds of the Bonds and included as part of the Facilities. (g) Upon the Completion Date, the Authority shall transfer any remaining balance in the Project Fund to the Debt Service Fund for the Bonds in accordance with the Bond Resolution. 460515v2 JAE LN140-112 9 ARTICLE IV Lease and Sale of Facilities Section 4.1. Lease and Sale of Facilities. The Authority hereby leases and sells its leasehold interest in the Site and the Facilities to the City, and the City hereby leases and purchases the Authority's interest in the Site and the Facilities from the Authority, upon the terms and conditions set forth in this Lease. The sale shall be completed in accordance with the terms of Section 5.5 hereof. The Site and the Facilities are leased and sold in their present condition without representation or warranty of any kind by the Authority, and subject to the rights of parties in possession, to the existing state of title, to all applicable legal requirements now or hereafter in effect, and to Permitted Encumbrances. The City has examined the Site and title thereto and has found all of the same to be satisfactory for the purposes of this Lease. Section 4.2. Lease Payments. Subject to the provisions of Section 4.4 hereof, the City shall pay to the Authority Lease Payments at the times and in the manner specified in the attached EXHIBIT B. The Lease Payments shall be paid in lawful money of the United States of America, in same-day funds, directly to the Paying Agent. It is acknowledged that the Lease Payment to be made on each February 1 or August 1 shall be applied by the Paying Agent to payment of the principal of and interest on the Bonds to be paid on the same date. Section 4.3. Additional Lease Payments. During the Term of Lease, the City shall pay or cause to be paid as Additional Lease Payments the following amounts: (a) All fees, charges and expenses, including agent and counsel fees, of the Bond Registrar and Paying Agent, as and when the same become due. (b) All costs incident to the payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable, including redemption premiums, if any, and all other costs and expenses in connection with the call, redemption and payment of Bonds. (c) An amount sufficient to reimburse the Authority for all expenses reasonably incurred by the Authority hereunder and in connection with the performance of the Authority's obligations under this Lease or the Bond Resolution. (d) All expenses incurred in connection with the enforcement of any rights under this Lease by the Authority or the Owners of the Bonds. (e) All other payments of whatever nature which the City has agreed to pay or assume under the provisions of this Lease (including, without limitation, any amounts advanced under Section 6.2(b) hereof and interest thereon). (f) All costs, charges, expenses and other amounts and obligations due and owing by the Authority under the Ground Lease, as and when the same become due. Section 4.4. Source of Lease Payments. Notwithstanding any other provision of this Lease to the contrary, this Lease shall not constitute a general obligation of the City, and the full faith and credit of the City are not pledged for the payment of the Lease Payments or the performance by the City of its obligations hereunder. The Lease Payments and Additional Lease Payments shall be paid, and other obligations of the 460515v2 JAE LN140-112 10 City hereunder shall be met, solely from the amount appropriated by the City Council for such purpose in the City's annual budget and shall constitute a current expense of the City for the Fiscal Year then in effect. It shall not constitute an indebtedness of the City within the meaning of the Constitution and laws of the State of Minnesota. The other obligations of the City hereunder shall be met solely from one or more of the following: (a) Net Proceeds of insurance or self-insurance required to be maintained by the City under Article VII hereof; (b) Net Proceeds of any condemnation award with respect to the Site and Facilities; and (c) moneys from time to time appropriated by the City Council for this purpose, provided that the City Council shall have no legal obligation to appropriate moneys for this purpose. Section 4.5. City's Obligations and Remedies. (a) Except as provided in Section 5.6 hereof, the City's obligation to pay Lease Payments due with respect to the Site and the Facilities, and to perform and observe all other covenants and agreements of the City contained herein, shall be absolute and unconditional; and the Lease Payments and Additional Lease Payments due and payable hereunder shall be made without notice or demand and without set-off, counterclaim, abatement, deduction or defense including, without limitation, any failure or delay by the Authority in the performance of any of its obligations hereunder, and irrespective of whether the Facilities shall have been started or completed, or whether the City's or the Authority's title thereto or to any part thereof is defective or nonexistent, and notwithstanding any damage to, loss, theft or destruction of the Facilities or any part thereof, any failure of consideration, the taking by eminent domain of title to or of the right of temporary use of all or any part of the Facilities, legal curtailment of the City's use thereof, the eviction or constructive eviction of the City, any change in the tax or other laws of the United States of America, the State of Minnesota or any political subdivision thereof, any change in the Authority's legal organization or status, or any default of the Authority hereunder, and regardless of the invalidity of any action of the Authority, and regardless of the invalidity of any portion of this Lease. (b) Notwithstanding any provision or covenant contained in this Lease or the Bonds, the City is not obligated to renew the Lease beyond any Fiscal Year from time to time in effect, nor is it obligated to budget or appropriate moneys or to pay Lease Payments or Additional Lease Payments beyond the end of the Fiscal Year in effect at a given time. (c) Nothing in this Lease shall be construed to release the Authority from the performance of any agreement on its part herein contained or as a waiver by the City of any rights or claims which the City may have against the Authority under this Lease or otherwise, but any recovery upon such rights and claims shall be had from the Authority separately, it being the intent of this Lease that the City shall be unconditionally and absolutely obligated to perform fully all of its obligations, agreements and covenants under this Lease during the Term of Lease unless sooner terminated in accordance with Section 5.2 hereof (including the obligation to make Lease Payments and Additional Lease Payments) for the benefit of the Owners of the Bonds. The City may, however, at its own cost and expense and in its own name or in the name of the Authority, prosecute or defend any action or proceeding or take any other action involving third persons which the City deems reasonably necessary in order to secure or protect its right of possession, occupancy and use hereunder, and in such event the Authority hereby agrees to cooperate fully with the City and to take all action necessary to effect the substitution of the City for the Authority in any such action or proceeding if the City shall so request. Section 4.6. Possession and Enjoyment. The Authority hereby covenants to provide the City during the Term of Lease with quiet use and enjoyment of the Site and Facilities, and the City shall during such Term peaceably and quietly have and hold and enjoy the Site and Facilities, without suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease. At the request of the City and at the City's 460515v2 JAE LN140-112 11 cost, the Authority will join in any legal action in which the City asserts its right to such possession and enjoyment to the extent the Authority may lawfully do so. Section 4.7. Authority Access to Site and Facilities. The Authority shall have the right at all reasonable times to examine and inspect the Site and Facilities, and shall have such rights of access to the Site and Facilities as may be reasonably necessary to cause the proper maintenance thereof in the event of failure by the City to perform its obligations hereunder. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 12 ARTICLE V Term of Lease; Transfer or Surrender of Site and Facilities Section 5.1. Term of Lease. Subject to the provisions of Section 5.6 hereof, this Lease shall be in effect for a term commencing upon the execution hereof and ending on February 1, 2036. Section 5.2. Termination of Term of Lease. The Term of Lease will terminate upon the occurrence of the first of the following events: (a) non -appropriation by the City pursuant to Section 5.6 hereof; (b) the payment by the City of the Purchase Price, pursuant to Section 8.1 hereof; (c) the discharge by the City of its obligation to pay the Lease Payments and Additional Lease Payments required to be paid by it hereunder pursuant to Section 8.3 hereof; or (d) a default by the City and the Authority's election to terminate this Lease pursuant to Article X hereof. Section 5.3. Authority's Interest in the Site and Facilities. Upon payment of all Lease Payments and Additional Lease Payments due hereunder, or upon prepayment of the Lease Payments and Additional Lease Payments or discharge of the City's obligation to make the Lease Payments and Additional Lease Payments in accordance with Article VIII hereof, and in either event, upon defeasance of the Bonds, full and unencumbered legal title to the Facilities shall pass to the City, and the Authority shall have no further interest therein. In such event the Authority and its officers shall take all actions necessary to authorize, execute and deliver to the City any and all documents necessary to vest in the City, all of the Authority's right, title and interest in and to the Site and Facilities, free and clear of all liens, leasehold interests, encumbrances (other than Permitted Encumbrances), including, if necessary, a release of any and all interests or liens created under the provisions of this Lease. Section 5.4. Surrender of Site and Facilities. Upon termination of the Term of Lease pursuant to Section 5.2(a) or 5.2(d), or upon exercise by the Authority of its right to take possession of the Site and Facilities under Section 10.2 hereof, the City shall surrender the Site and Facilities to the Authority in the condition in which they were originally received from the Authority, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby, ordinary wear and tear excepted. The City shall have the right to remove from the Site and Facilities at or prior to such termination or possession all personal property located therein which was not financed with proceeds of the Bonds, or which has not replaced personal property so financed, and which is not otherwise owned by the Authority, but the City shall repair any damages caused by such removal. Section 5.5. Purchase; Conveyance of Title. At any time when the Purchase Price, together with any unpaid or delinquent interest, has been fully paid or provided for, whether by (i) payment of all Lease Payments and Additional Lease Payments as provided in Section 8.1 hereof, or (ii) payment or provision for payment of the Purchase Price as provided in Article VIII hereof, then the purchase of the Site and the Facilities by the City shall be deemed to have been completed. The Authority shall thereupon deliver to the City such instruments of conveyance or release as, in the opinion of the City, may be necessary to release the interest of the Authority in the Site and Facilities. 460515v2 JAE LN140-112 13 Section 5.6. Non -Appropriation. If the City Council does not appropriate or budget moneys sufficient to pay the Lease Payments and reasonably estimated Additional Lease Payments coming due in the next Fiscal Year, as determined by the City's budget for the Fiscal Year in question, then the Term of Lease shall tenninate at the end of the preceding Fiscal Year. The City Council shall effect such non -appropriation by adoption of a resolution specifically referring to this Lease and determining (i) not to provide moneys for payments due hereunder in the next Fiscal Year and (ii) that the Lease shall terminate at the end of the then - current Fiscal Year, and the City shall give the Authority a written notice of such non -appropriation and shall pay to the Authority any Lease Payments and Additional Lease Payments which are due and have not been paid at or before the end of its then current Fiscal Year. The City shall endeavor to give as much notice of non -renewal as possible prior to the end of such Fiscal Year, but in any event the City shall not be required to give more than twelve (12) months' notice, and the City shall notify the Authority of any anticipated termination. In the event of termination of this Lease as provided in this Section, the City shall surrender possession of the Site and Facilities to the Authority in accordance with Section 5.4 hereof and convey to the Authority or release its interest in the Site and Facilities within ten (10) days after the expiration of the then current term. Section 5.7. Intent to Continue Term; Appropriations. The City presently intends to continue this Lease for the entire Term of Lease and to pay all Lease Payments specified in EXHIBIT B and Additional Lease Payments. The City reasonably believes that moneys in an amount sufficient to make all such Lease Payments and Additional Lease Payments can and will lawfully be appropriated or budgeted and made available. Section 5.8. Effect of Termination. Upon termination of this Lease as provided in Section 5.6 hereof, the City shall not be responsible for the payment of any Lease Payments or Additional Lease Payments coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession of the Site and Facilities to the Authority in accordance with Section 5.4 hereof and conveyed to the Authority or released its interest in the Site and Facilities within ten (10) days after the termination date, the termination shall nevertheless be effective, but the City shall be responsible for the payment of damages in an amount equal to the amount of the Lease Payments thereafter coming due under EXHIBIT B and Additional Lease Payments which are attributable to the number of days during which the City fails to take such actions and for any other loss suffered by the Authority as a result of the City's failure to take such actions as required. The City shall be required to pay over to the Authority any moneys which it has appropriated or budgeted for the purpose of paying obligations under this Lease for any Fiscal Years preceding the Fiscal Year for which non -renewal under Section 5.6 hereof is effective. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank ) 14 ARTICLE VI General Matters Section 6.1. Use; Permits. The City shall exercise due care in the use, operation and maintenance of the Site and Facilities, and shall not use, operate or maintain the Site and Facilities improperly, carelessly, in violation of any State and Federal Law or for a purpose or in a manner contrary to that contemplated by this Lease. The City shall obtain or cause to be obtained all permits and licenses necessary for the operation, possession and use of the Site and Facilities. The City shall comply with all State and Federal Laws applicable to the operation, possession and use of the Site and Facilities, and if compliance with any such State and Federal Law requires changes or additions to be made to the Site and Facilities, such changes or additions shall be made by the City at its expense. Section 6.2. Maintenance and Modification of Facilities by the City. (a) During the Term of Lease the City shall, at its own expense, maintain, preserve and keep the Site and the Facilities in good repair, working order and condition, and shall from time to time make all repairs, replacements and improvements necessary to keep the Site and the Facilities in such condition. The Authority shall have no responsibility for any of these repairs, replacements or improvements. In addition, the City shall, at its own expense, have the right to remodel the Facilities or to make additions, modifications and improvements thereto. All such additions, modifications and improvements shall thereafter comprise part of the Facilities and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage the Facilities; and the Facilities, upon completion of any additions, modifications and improvements made pursuant to this Section, shall be of a value not less than the value of the Facilities immediately prior to the making of such additions, modifications and improvements. Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by the City in such manner and on such terms as are determined by the City. The City will not peunit any mechanic's or other lien to be established or remain against the Site and Facilities for labor or materials furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or replacements made by the City pursuant to this Section; provided that if any such lien is established and the City shall first notify the Authority of the City's intention to do so, the City may in good faith contest any lien filed or established against the Site or the Facilities, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless the Authority shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of the Authority in the Site or the Facilities will be materially endangered or the Site or the Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide the Authority with full security against any such loss or forfeiture, in form satisfactory to the Authority. The Authority will cooperate fully with the City in any such contest, upon the request and at the expense of the City. (b) In the event the Authority becomes aware of any condition on the Site or in the Facilities which, in the reasonable opinion of the Authority, creates a risk to the health and safety of any users of the Facilities or creates a risk of significant deterioration of the Facilities if not corrected, the Authority may, but shall be under no obligation to, notify the City of such condition and request that it be cured as promptly as is reasonably possible. In the event the City does not promptly cure such condition, the Authority may, but shall be under no obligation to, take reasonable steps to correct such condition. In such event, the cost to the Authority and interest thereon at the highest rate specified in any Bond until paid will be charged to the City as an Additional Lease Payment. 460515v2 JAE LN140-112 15 Section 6.3. Taxes, Other Governmental Charges and Utility Charges. During the Term of Lease the City shall also pay or cause to be paid when due all gas, water, steam, electricity, heat, power and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Site and the Facilities. The City shall also pay all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Site or the Facilities or any part thereof or the Lease Payments, and which become due during the Term of Lease with respect thereto; and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Site or the Facilities; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of Lease as and when the same become due. The City shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by the Authority, its successors or assigns, unless such tax is made in lieu of or as a substitute for any real estate or other tax upon property. The City may, at the City's expense and in the City's name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any such items the interest of the Authority in the Site or the Facilities will be materially endangered or the Site, the Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority. Section 6.4. Liens. The City shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Site or the Facilities, except the respective rights of the Authority and the City as herein provided and Permitted Encumbrances. Except as expressly provided in this Article, the City shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. The City shall reimburse the Authority for any expense incurred by it in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim Section 6.5. Easements. The Authority will from time to time, at the request of the City and at the City's cost and expense, cooperate and join with the City: (a) in granting easements and other rights in the nature of easements, releasing existing easements or other rights in nature of easements which are for the benefit of the Site or the Facilities; (b) in executing amendments to any covenants and restrictions affecting the Site or the Facilities; (c) in executing and delivering to any person any instrument appropriate (i) to confirm or to the effect that such grant, release or execution is not detrimental to the proper conduct of the operations of the City on or in the Site or the Facilities, (ii) to show the consideration, if any, being paid for such grant, release or amendment, (iii) to show that such grant, release, dedication, transfer, petition or amendment does not materially impair the use of the Site or the Facilities or reduce the value of the Site or the Facilities, or (iv) to confirm that the City will remain obligated hereunder to the same extent as if such grant, release, or amendment had not been made, and the City will perform all obligations under such instrument. The consideration, if any, received by the Authority or the City for such grant, release, or amendment shall be applied to the payment of the Bonds. Section 6.6. Addition and Substitution of Land. The Authority and the City agree to add to the Ground Lease and this Lease certain additional interests in land, and to release from the Ground Lease and this Lease certain portions of the Site, and to substitute other interests in real property for some or all of the portions of the Site so released, but only upon the conditions hereinafter set forth: 460515v2 JAE LN140-112 16 (1) The City may, from time to time, add additional real property to the Site subject to the Ground Lease and this Lease if (i) the additional real property is to be the site of a portion of the Facilities, and (ii) the City provides the Authority with an adequate legal description and survey of the Site, satisfactory to the Authority. (2) The City may, from time to time and with the prior written consent of the Authority, obtain the release of a portion of the Site as now described, if (i) the City certifies that such portion of the Site is not reasonably necessary for the construction the Facilities and (ii) the unreleased portion of the Site is not impaired by such release with respect to ingress and egress, access to dedicated roads and use of the unreleased portion of the Site for its then current or intended purposes. (3) To accomplish the addition, release or substitution of real property as described in paragraph (1) or (2), the City shall prepare and furnish to the Authority amendments or supplements to this Lease, the Ground Lease and any UCC Financing Statements filed in connection with this Lease. The City shall pay all expenses, including attorneys' fees, incurred in accomplishing any such addition, release or substitution. Section 6.7. Compliance with Bond Resolution. During the Term of Lease, the City agrees to perform all obligations imposed upon the Authority or the City by the Bond Resolution. Section 6.8. Tax Covenants. (a) The City covenants and agrees with the Authority for the benefit of the Owners from time to time of the Bonds that it will take, and will cause its officers, employees or agents to take, all actions necessary to comply with the applicable provisions of the Code, and that it will not take or permit to be taken by any of its officers, employees or agents any actions that would cause the interest on the Bonds to become subject to federal income taxation under the applicable provisions of the Code. (b) None of the proceeds of the Bonds will be used, directly or indirectly, to replace funds which were used in any business carried on by any person other than a state or local governmental unit. (c) The payment of the Lease Payments will not be (A) directly or indirectly secured by any interest in (i) property used or to be used for a private business use by any person other than a state or local governmental unit or (ii) payments in respect of such property, or (B) directly or indirectly derived from payments (whether or not by or to the Authority or the City), in respect of property or borrowed money, used or to be used for a private business use by any person other than a state or local governmental unit. (d) None of the proceeds of the Bonds will be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (e) Except as provided below, no user of the Facilities or other property financed with proceeds of the Bonds will use the Facilities or such other property in a trade or business on any basis other than the same basis as the general public; and no person other than a state or local governmental unit will be a user of the Facilities or such other property in a trade or business as a result of (i) ownership, or (ii) actual or beneficial use pursuant to a lease or a management or incentive payment contract, or (iii) joint venture or any other similar arrangement. Notwithstanding the foregoing, the City may permit a portion of the useable square footage of the Facilities to be used in the trade or business of a person other than a governmental unit, subject to the same conditions that apply to any sublease by the City under Section 9.2 hereof (e.g., consent of the Authority and receipt of an opinion of nationally recognized bond counsel). 460515v2 JAE LN140-112 17 Section 6.9. Rebate. The City shall take such actions and make all calculations, transfers and payments that may be necessary to comply with the rebate requirements contained in Section 148(f) of the Code. The City will compute the rebate requirement and make rebate payments in accordance with law. The City must make periodic computations of the amount to be paid to the United States under Section 148(0 of the Code and transfer the appropriate amount to the United States or to the Authority for transfer to the United States. The City will use any funds legally available to make any such required deposit or rebate payment. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 18 ARTICLE VII Insurance and Indemnification; Damage, Destruction and Condemnation Section 7.1. Liability Insurance. During the Term of Lease the City shall procure and maintain continuously in effect with respect to the Site and the Facilities, insurance against liability for injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the maintenance, use or operation of the Site, the Facilities or any part thereof, in amounts not less than the City's tort liability limits under Minnesota Statutes, Chapter 466 ("Chapter 466") for death of or personal injury to any one person, in amounts not less than the City's tort liability limits under Chapter 466 for all personal injuries and deaths arising out of any one occurrence, and in amounts not less than the City's tort liability limits under Chapter 466 for property damage arising out of any one occurrence. The Net Proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which the insurance proceeds may be paid. It is understood that with respect to persons or entities other than the Authority, this insurance covers any and all liability of the City and its officers, employees and agents. As an alternative to the purchase of liability insurance, the City may self -insure against such liabilities in accordance with the provisions of applicable law. Policies of commercial insurance may include deductibles of no more than ten percent (10%) of policy amounts. Section 7.2. Property Insurance. During the Term of Lease, the City shall procure and maintain continuously in effect, to the extent of the full insurable value of the Facilities, other than building foundations, but in an amount at least equal to the principal amount of the outstanding Bonds from time to time, insurance against loss from or damage by vandalism and fire, with a uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State of Minnesota, in such amount as will be at least sufficient so that a claim may be made for the full replacement cost of any part thereof damaged or destroyed. All policies (or endorsements or riders) evidencing insurance required in this Section shall be carried in the names of the City and the Authority, as their respective interests may appear. The Net Proceeds of insurance required by this Section shall be applied as provided in this Article. Section 7.3. Administration of Claims, Etc. Neither the City nor the Authority shall be required to prosecute any claim against or contest any settlement proposed by any insurer, but any of them may prosecute any such claim or contest any such settlement. In the event of a contest by the City, it shall be at the City's expense, and the City may bring such claim or contest in the name of the Authority, the City or both, and the Authority will join therein at the City's written request upon the receipt by the Authority of an indemnity from the City against all costs, liabilities and expenses in connection with such claim or contest. Section 7.4. Other Insurance and Requirements for All Insurance. All insurance required by this Article may be carried under a separate policy or a rider or endorsement; shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota; shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to the City and the Authority at least thirty (30) days before the cancellation or revision becomes effective; and shall name the City and the Authority as insured parties. The insurance required by Sections 7.1 and 7.2 hereof may be provided by the City pursuant to an umbrella policy which provides coverage for the amounts and the insurable incidents provided in such Sections. Annually, the City shall deposit with the Authority policies evidencing any such insurance procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in force and effect. Before the expiration of any such policy, the City shall furnish to the Authority evidence that the 460515v2 JAE LN140-112 19 policy has been renewed or replaced by another policy conforming to the provisions of this Article, unless such insurance is no longer obtainable. Section 7.5. Indemnification. As between the Authority and the City, to the extent permitted by the laws of the State of Minnesota, the City assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Facilities and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of the City, the Authority or of third parties, and whether such property damage be to the City or the Authority's property or the property of others, which is proximately caused by the negligent conduct of the City, its officers, employees, agents and lessees, or arising out of the operation, maintenance or use of the Site and the Facilities by the City, its officers, employees, agents and lessees. The City hereby assumes responsibility for and agrees to reimburse the Authority for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against the Authority or its officers or employees that in any way relate to or arise out of a claim, suit or proceeding based in whole or in part on the foregoing, to the maximum extent permitted by law. Section 7.6. Hazardous Substance Indemnification. The City agrees, to the extent permitted by the laws of the State of Minnesota, to defend, indemnify and hold harmless the Authority, its officers, employees, agents, successors and assigns (the "Indemnitees") from and against, and shall reimburse the Indemnitees for, any and all loss, claim, liability, damage, judgment, penalty, injunctive relief, injury to personal property or natural resources, cost, expense, action or cause of action arising in connection with or as the result of any past, present or future existence, use, handling, storage, transportation, manufacture, release or disposal of any Hazardous Substance in, on or under the Site, whether foreseeable or unforeseeable, regardless of the source, the time of occurrence or the time of discovery (collectively referred to as "Loss"). This indemnification against Loss includes, without limitation, indemnification against all costs in law or in equity or removal, response, investigation, or remediation of any kind, and disposal of such Hazardous Substances, all costs of determining whether the Site is in compliance with, and of causing the Site, to be in compliance with, all applicable Environmental Laws, all costs associated with claims for damages to persons, property, or natural resources, and the Indemnitees' reasonable attorneys' and consultants' fees, court costs and expenses incurred in connection with any of the above. For this purpose "Hazardous Substance" shall be defined as any substance, the presence of which requires investigation, permitting, control or remediation under any federal, state or local statute, regulation, ordinance or order, including without limitation: (a) any substance defined as "hazardous waste" under the Resource Conservation and Recovery Act, as amended (42 U.S.C. §6901, et seq.); (b) any substance defined as a "hazardous substance" under the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. §9601, et seq.); (c) any substance defined as a "hazardous material" under the Hazardous Materials Transportation Act (49 U.S.C. §5101, et seq.); (d) any substance defined under any Minnesota statute analogous to (a), (b) or (c), to the extent that said statute defines any term more expansively; (e) asbestos; (f) urea formaldehyde; (g) polychlorinated biphenyls; (h) petroleum, or any distillate or fraction thereof; (i) any hazardous or toxic substance designated pursuant to the laws of the State of Minnesota; and (j) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority. Section 7.7. Damage, Destruction and Condemnation. If the Facilities or any portion thereof is destroyed (in whole or in part) or is damaged by fire or other casualty or title to or the temporary use of the Facilities or any part thereof or the interest of the City or the Authority in the Site or the Facilities or any part thereof is taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, the City shall have the rights with respect to the Net Proceeds of any insurance or condemnation award specified in this Section, but the City shall be obligated to continue to pay the Lease Payments and Additional Lease Payments due with respect to the Facilities. All Net Proceeds shall be applied to the prompt repair, restoration, modification, improvement or replacement of the Site and the Facilities by the City, or, if the City elects not to repair or rebuild, all Net 460515v2 JAE LN140-112 20 Proceeds shall be applied to prepay the Lease Payments and Additional Lease Payments; in either event all Net Proceeds not needed for the purpose shall belong to the City. Section 7.8. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification, improvement or replacement of the Site and the Facilities, the City shall either: (a) complete the work and pay any cost in excess of the amount of the Net Proceeds, and the City agrees that if by reason of any such insufficiency of the Net Proceeds, the City shall make any payments pursuant to the provisions of this Section 7.8, the City shall not be entitled to any reimbursement therefor from the Authority nor shall the City be entitled to any diminution of the Lease Payments or Additional Lease Payments due with respect to the Facilities; or (b) prepay the Lease Payments and Additional Lease Payments, in which event the Net Proceeds shall be used for this purpose. If the City elects not to repair, rebuild or restore, the City shall prepay or discharge the Lease Payments and Additional Lease Payments to the full extent of the Net Proceeds. Section 7.9. Cooperation of Authority. The Authority shall cooperate fully with the City at the expense of the City in filing any proof of loss with respect to any insurance policy covering the casualties described in Section 7.7 hereof and in the prosecution or defense of any prospective or pending condemnation proceeding with respect to the Site or the Facilities or any part thereof and will, to the extent it may lawfully do so, permit the City to litigate in any proceeding resulting therefrom in the name of and on behalf of the Authority. In no event will the Authority voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim or any prospective or pending condemnation proceeding with respect to the Site or the Facilities or any part thereof without the written consent of the City. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 21 ARTICLE VIII Option to Purchase; Option to Prepay Section 8.1. Option to Purchase or Prepay. The City shall have the option at any time to purchase the Site and Facilities by payment to the Authority of the Purchase Price then applicable, or to prepay unpaid Lease Payments and Additional Lease Payments, in whole or in part. Section 8.2. Exercise of Option. The City shall give notice to the Authority of its intention to exercise its purchase or prepayment option not less than forty-five (45) days in advance of the date of prepayment or purchase, and shall pay to the Authority on the date of prepayment or purchase the prepayment amount or (in the event of a purchase) an amount equal to the then current Purchase Price, less any Net Proceeds to be applied to the amount to be so paid in accordance with Section 7.8 hereof. Section 8.3. Provision for Payment of Purchase Price; Discharge of City's Obligation. The City may at any time provide for the payment of the Purchase Price or discharge its obligation to pay Lease Payments due under this Lease by: (a) depositing with the Paying Agent cash in the amount specified in Section 8.2 hereof; or (b) depositing irrevocably in escrow with a bank or trust company, cash or direct obligations of the United States, bearing interest payable at such times and at such rates and maturing on such dates, but not callable prior thereto, as shall be required to provide moneys sufficient to pay or prepay all unpaid Lease Payments and the applicable redemption premium, if any, on the Outstanding Bonds, on the dates when they are due or subject to prepayment as provided in Section 8.1, as determined by the City, together with (i) computations and an opinion letter of a certified public accounting firm showing and attesting to the sufficiency of such moneys and securities for this purpose, and (ii) an opinion letter of Bond Counsel stating that the deposit of such cash or securities will not cause the Bonds to become "arbitrage bonds" under Section 148 of the Code. Section 8.4. Prerequisite; No Default. The City may exercise the rights specified in Sections 8.1, 8.2, and 8.3 hereof only if it is not in default under this Lease or if such exercise cures any default then existing. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank ) 22 ARTICLE IX Assignment, Subleasing, Indemnification, Mortgaging and Selling Section 9.1. Assignment by Authority. Except as expressly provided in this Section, the Authority's rights and obligations under this Lease, including the right to receive and enforce payment of the Lease Payments and Additional Lease Payments to be made by the City under this Lease and its interest in the Site and the Facilities, shall not be assigned, pledged, mortgaged or transferred, in whole or in part. The rights and obligations of the Authority may be transferred and assigned to any legal successor to the functions of the Authority. Section 9.2. Assignment and Subleasing by the City. The rights and obligations of the City under this Lease may not be assigned by the City without the written consent of the Authority. The City may sublease the Facilities, or any portion thereof, to any other entity, provided that the City furnishes to the Authority an Opinion of Counsel, who is nationally recognized bond counsel, that such sublease will not adversely affect the validity of the Outstanding Bonds or the exemption of the interest thereon from federal income taxation. Section 9.3. Restriction on Mortgage or Sale by the City. Without the prior written consent of the Authority, the City will not mortgage, sell, assign, transfer or convey the Site or the Facilities or any portion thereof during the Term of Lease. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 23 ARTICLE X Events of Default and Remedies Section 10.1. Events of Default Defined. Any one or more of the following events shall be an "Event of Default" under this Lease: (a) Failure by the City to pay any Lease Payment, Additional Lease Payment, or other payment required to be paid hereunder at the time and from the sources specified herein. (b) Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in clause (a) of this Section, for a period of sixty (60) days after written notice specifying such failure and requesting that it be remedied has been given to the City by the Authority, unless the Authority shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the Authority shall not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the City within the applicable period and diligently pursued until the default is corrected. (c) The occurrence of any of the following events: (i) The City shall (a) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or the like of the City or of all or a substantial part of its property, (b) commence a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), or (c) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up or composition or adjustment of debts; or (ii) A proceeding or case shall be commenced, without the application or consent of the City, as the case may be, in any court of competent jurisdiction, seeking (a) the liquidation, reorganization, dissolution, winding -up, or the composition or adjustment of debts, of the City, (b) the appointment of a trustee, receiver, custodian, liquidator or the like of the City, or (c) similar relief in respect of the City under any law relating to bankruptcy, insolvency, reorganization, winding -up or composition or adjustment of debts, and such proceeding or case has not been dismissed within sixty (60) days of the filing thereof. The provisions of Section 10.1(b) are subject to the following limitation: if by reason of force maieure either party is unable in whole or in part to carry out its obligations under this Lease, it shall not be deemed in default during the continuance of such inability or during any other delays which are a direct consequence of the force majeure inability, and the time for such performance shall be extended to cover such delays. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or any of its departments, agencies or officials, or any civil or military authority, or the State of Minnesota or any of its departments, agencies or officials; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of a party and not resulting from its negligence. Each party agrees, however, to remedy with all reasonable dispatch the cause or causes preventing it from carrying out its agreements. 460515v2 JAE LN140-112 24 Section 10.2. Remedies on Default. Whenever any Event of Default shall have happened and be continuing, the Authority may take, but only upon not less than five (5) days' written notice to the City, one or any combination of the following remedial steps: (a) Without terminating this Lease, re-enter and take possession of the Site and the Facilities and exclude the City from using the Site and the Facilities until the Event of Default is cured; or (b) Subject to the provisions of Section 5.6 hereof, take any action at law or in equity which may appear necessary or desirable to: (i) collect the Lease Payments and Additional Lease Payments then due for the Fiscal Year then in effect, (ii) collect any Lease Payments and Additional Lease Payments to become due and payable during the current Fiscal Year, or (iii) enforce performance and observance of any obligation, agreement or covenant of the City under this Lease; or (c) Terminate this Lease, exclude the City from possession of the Site and the Facilities, and use its best efforts to lease the Site and the Facilities to another for the account of the City, holding the City liable for the difference between the rentals received and the Lease Payments and Additional Lease Payments which would have been receivable hereunder for the Fiscal Year then in effect. This provision does not limit any other remedies which the Authority may have under any other document or provision of law. Section 10.3. Delay; Notice. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any part to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as may be required in this Lease. Section 10.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Lease is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 25 ARTICLE XI Administrative Provisions Section 11.1. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in certified or registered form with postage fully prepaid: If to the City: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Attention: City Administrator If to the Authority: Lino Lakes Economic Development Authority 600 Town Center Parkway Lino Lakes, MN 55014 Attention: Executive Director The above-named persons, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 11.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the Authority and the City and their respective successors and assigns. Section 11.3. Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.4. Amendments, Changes and Modifications. This Lease may be amended or any of its terms modified only by written amendment authorized and executed by the City and the Authority. Section 11.5. Further Assurances and Corrective Instruments. The Authority and the City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Site and the Facilities or for carrying out the expressed intention of this Lease. Section 11.6. Execution in Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.7. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 11.8. Authorized Officers. Whenever under the provisions of this Lease the approval of the Authority or the City is required, or the Authority or the City is required to take some action at the request of the other, such approval of such request shall be given for the Authority or for the City by an Authorized Officer, and any party hereto shall be authorized to rely upon any such approval or request. 460515v2 JAE LN140-112 26 Section 11.9. Captions. The captions or headings in this Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Lease. 460515v2 JAE LN140-112 (The remainder of this page is intentionally left blank.) 27 IN WITNESS WHEREOF, the Authority has caused this Lease to be executed in its corporate name by its duly authorized officers and the City has caused this Lease to be executed in its name by its duly authorized officers, all as of the date and year first written above. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by , the President of the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by , the Executive Director of the Lino Lakes Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. 460515v2 JAE LN140-112 Notary Public S-1 Execution page of the City to the Lease, dated as of the date and year first written above. CITY OF LINO LAKES, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of June, 2015, by Jeff Reinert, the Mayor of the City of Lino Lakes, Minnesota, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of June, 2015, by Jeff Karlson, the City Administrator of the City of Lino Lakes, Minnesota, a home rule charter city and political subdivision of the State of Minnesota, on behalf of the City. 460515v2 JAE LN140-112 Notary Public S-2 EXHIBIT A DESCRIPTION OF SITE AND PERMITTED ENCUMBRANCES Legal Description of the Site Permitted Encumbrances 460515v2 JAE LN140-112 A-1 EXHIBIT B SCHEDULE OF LEASE PAYMENTS Payment Date Principal Interest Rate Interest Total Payment 02/01/2016 08/01/2016 02/01/2017 08/01/2017 02/01/2018 08/01/2018 02/01/2019 08/01/2019 02/01/2020 08/01/2020 02/01/2021 08/01/2021 02/01/2022 08/01/2022 02/01/2023 08/01/2023 02/01/2024 08/01/2024 02/01/2025 08/01/2025 02/01/2026 08/01/2026 02/01/2027 08/01/2027 02/01/2028 08/01/2028 02/01/2029 08/01/2029 02/01/2030 08/01/2030 02/01/2031 08/01/2031 02/01/2032 08/01/2032 02/01/2033 08/01/2033 02/01/2034 08/01/2034 02/01/2035 08/01/2035 02/01/2036 460515v2 JAE LN140-112 B-1 EXHIBIT C FORM OF COMPLETION CERTIFICATE I, the undersigned, hereby certify that I am the duly qualified and acting City Administrator of the City of Lino Lakes, Minnesota (the "City"); and, with respect to the Lease -Purchase Agreement, dated as of June 1, 2015 (the "Lease"), by and between the City and the Lino Lakes Economic Development Authority (the "Authority"), that: 1. The Facilities described in the Lease have been completed, delivered, and installed in accordance with the City's specifications. 2. The City has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Lease Payments required to be paid under the Lease during the current Fiscal Year of the City, and such moneys will be applied in payment of all Lease Payments due and payable during such current Fiscal Year. 3. Attached as Exhibit A to this Certificate is a list of the equipment financed with proceeds of the Bonds and utilized within the Facilities. Capitalized terms used in this Certificate have the meaning provided in the Lease. Dated: , 20 . 460515v2 JAE LN140-112 CITY OF LINO LAKES, MINNESOTA By Its City Administrator C-1 CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: Public Safety Director John Swenson MEETING DATE: May 11, 2015 TOPIC: Hire Paid On -Call Firefighter VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to hire a paid on-call firefighter. BACKGROUND As directed by Council Resolution 14-50 staff is integrating fire operations into the Public Safety Department. Staff has been engaged in a fire recruiting and hiring process for paid on- call firefighter candidates as part of the integration process. The hiring process has been extensive including an interview process, background investigation, medical examinations, and drug screen. This process has identified candidates that will continue the Public Safety Department's proud tradition of delivering high quality services to the Lino Lakes Community RECOMMENDATION Staff recommends the Council approve the hiring of Aaron Jennissen for the position of paid on-call firefighter effective May 12, 2015 ATTACHMENTS None CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: May 11, 2015 TOPIC: Approval of Resolution 15-49 Canceling the Incentive Program for the Recruitment of Paid On -Call Fire Personnel VOTE REQUIRED: 3/5 INTRODUCTION Resolution 15-49 would cancel the Fire Recruiting Incentive Program established with Council Resolution 14-62 and modified with Council Resolution 15-22. BACKGROUND During the Council Meeting on June 2, 2014, Council approved Resolution 14-50 which directed staff to integrate fire services for the City of Lino Lakes into the Public Safety Department. The fire recruiting incentives were originally approved by Council on June 23, 2014 with the adoption of Council Resolution 14-62. The Recruitment Incentives were modified with Council Resolution 15-22 on February 23, 2015. At this time 15 fully trained, MN Certified FF1, FF2, and Hazardous Materials Operations, are on staff. There are another 16 personnel in training currently with three personnel completing training and certification on May 16th and remaining 13 personnel completing training and certification on August 26th There are currently 10 fire candidates in the various stages of the pre-employment hiring process and two fire applicants awaiting interview. Staff is working to start 11 fire candidates in the Century College fire training program on August 8th with an anticipated fire training completion of December of this year. This will bring the fire staffing level for the "go -live" date of January, 2016 to 42 fire personnel. Due to the success of the fire recruiting effort the fire recruiting incentive program is no longer needed. RECOMMENDATION Staff recommends Council approval of Resolution 15-49 canceling incentive program for the recruitment of fire personnel with the City of Lino Lakes. ATTACHMENTS Resolution 15-49 CITY OF LINO LAKES RESOLUTION NO. 15-49 RESOLUTION CANCELING PAH) ON-CALL FIRE RECRUITMENT INCENTIVE PROGRAM WHEREAS, The City of Lino Lakes has decided to integrate fire services into the Public Safety Department; and WHEREAS, the recruitment of high quality paid on-call fire professionals is crucial for all fire services; and WHEREAS, the City of Lino Lakes created the incentive program to assist in the recruitment process; WHEREAS, the Lino Lakes Public Safety Department has been highly successful in recruiting high quality fire personnel. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County, Minnesota, does hereby cancel Resolution 15-22 which enacted the City of Lino Lakes Paid On - Call Recruitment Incentive Program. Adopted by the Lino Lakes City Council this 1 lth day of May, 2015 The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 4C STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: May 11, 2015 TOPIC: Approval of Resolution 15-50 Establish a Fire Training Compensation Program for Paid On -Call Personnel VOTE REQUIRED: 3/5 INTRODUCTION Establish a compensation program that compensates paid on-call (POC) fire personnel for their time during initial fire training certification process based on completion of the Minnesota certifications. BACKGROUND During the Council Meeting on June 2, 2014, Council approved Resolution 14-50 which directed staff to integrate fire services for the City of Lino Lakes into the Public Safety Department. On June 23, 2014 Council approved Council Resolution 14-62 establishing an incentive program as a tool to recruit POC fire personnel. The fire Recruiting incentive program was modified on February 23, 2015 with Council approval of Council Resolution 15-22. As part of this recruiting incentive program Council established compensation levels for the POC fire personnel who are hired with no fire training or certifications. Resolution 15-49 canceled the fire recruiting incentive program due to the strong community response and success of fire recruiting effort. With the approval of Resolution 15-50 a compensation program will be established to compensate POC fire personnel for their time in the initial fire training based on their successful completion of Minnesota FF1, FF2 certifications and hazardous materials training. Please note that individuals hired as POC firefighters with no training or experience do not receive any hourly compensation for the hours in the initial fire fighter certification courses. RECOMMENDATION Staff recommends Council approval of Resolution 15-50 establishing a fire training compensation program for POC fire personnel with the City of Lino Lakes. ATTACHMENTS Resolution 15-50 CITY OF LINO LAKES RESOLUTION NO. 15-50 RESOLUTION ESTABLISHING PAID ON-CALL FIRE TRAINING COMPENSATION PROGRAM WHEREAS, The City of Lino Lakes has decided to integrate fire services into the Public Safety Depar tment; and WHEREAS, Paid On-call Firefighters are an integral part and crucial to the success of the Lino Lakes Public Safety model; and WHEREAS, Paid On-call firefighters do not receiving an hourly rate of pay during initial fire training; and WHEREAS, the City of Lino Lakes appreciates their dedication and time commitment and believes they should be compensated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County, Minnesota, does hereby establish an incentive program as follows: • Must apply for and are hired as a paid on-call (POC) firefighter with Lino Lakes. • Upon successful completion of Firefighter 1 training with State certification will receive $1,200. • Upon successful completion of Firefighter 2 and Hazardous Materials training with State Certification will receive $1,400. Adopted by the Lino Lakes City Council this llth day of May, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 4D STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: May 11, 2015 TOPIC: Acceptance of Donation of an AED from Shakopee Mdewakanton Sioux Community VOTE REQUIRED: 3/5 INTRODUCTION The Shakopee Mdewakanton Sioux Community wishes to donate one automatic external defibrillator (AED) to the Lino Lakes Public Safety Department. BACKGROUND As part of the Shakopee Mdewakanton Sioux Community LIFE Program AED are donated to first responder organizations in Minnesota. The purpose of the Mdewakanton LIFE Program is to create greater awareness, availability, and knowledge of cardiopulmonary resuscitation (CPR) and automatic external defibrillators (AEDs), as well as a faster first response to a cardiac incidence not only within our Community but within our neighboring communities. To achieve these goals, the Shakopee Mdewakanton Sioux Community is reaching out through the Mdewakanton Public Safety to train first responders and place AED units throughout the area. This donation will supplement the number of current number of AEDs within the Public Safety Department. RECOMMENDATION Staff recommends that Council accepts the donation from the Shakopee Mdewakanton Sioux Community of one AED unit valued at $2,226. ATTACHMENTS Donation Document from Shakopee Mdewakanton Sioux Community April 30, 2015 Shakopee Mdewakanton Sioux Community 2330 SIOUX TRAIL NW • PRIOR LAKE, MINNESOTA TRIBAL OFFICE: 952-445-8900 • FAX: 952-445-8906 AED DONATION Donation Date: To Be Scheduled Organization Donated From: SMSC Business Council 2330 Sioux Trail NW Prior Lake, MN 55372 Donated To: Lino Lakes Public Safety Department John Swenson, Public Safety Director 640 Town Center Parkway Lino Lakes, MN 55014-1182 Qty Item Description Retail List Price 1 861304 HeartStart FRx Defibrillator Includes: 1 sets of adult defibrillator pads, 1 LiMNO2 Batteries (M5070A) $1952.00 1 989803139251 Carrying Case $ 134.00 1 989803139311 Infant/Child Key $ 98.00 _1 68-PCHAT Fast Response Kit $ 42.00 Total $2,226.00 OFFICERS Charlie Vig Chairman Keith B. Anderson Vice Chairman Lori K. Watso Secretary/Treasurer CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: May 11, 2015 TOPIC: Consider Resolution No. 15-46 Amending the Conditional Use Permit (CUP) for Planned Unit Development (PUD) Development Stage Plan/Preliminary Plat for Turnberry Crossing VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: March 4, 2015 60 -Day Review Deadline: May 3, 2015 120 -Day Review Deadline: July 2, 2015 Environmental Board Meeting: March 25, 2015 Park Board Meeting: NA Planning & Zoning Board Meeting: April 8, 2015 City Council Work Session: May 4, 2015 City Council Meeting: May 11, 2015 BACKGROUND Turnberry Crossing is a medium density residential Planned Unit Development (PUD) located at the northeast quadrant of CSAH 23(Lake Drive) and Aqua Lane. The PUD Development Stage Plan/Preliminary Plat was approved in 2004 and the Final Plat was approved in 2005. The original preliminary plat included 10 two-family dwelling units (twin homes) and 1 three - unit attached townhome for a total of 23 units. All units were approved as two story units. To date, 3 two-family dwelling units have been constructed for a total of 6 units. Due to market changes and demand increase for single level housing products, the developer is requesting an amendment to the PUD Development Stage Plan/Preliminary Plat to allow for the construction of one-story units on 11 lots (Lots 1-11). There is no increase or decrease in the total numbers of units. A total of 23 units will be constructed on site. This staff report is based on the following plan sets: 1 • Plowe Engineering, Inc. dated March 4, 2015 and received by the City on March 4, 2015 • EG Rud & Sons, Inc. dated March 4, 2015 and received by the City on March 4, 2015 The Planning & Zoning Staff Report dated April 8, 2015 details the proposed project. The Planning & Zoning Board held a public hearing on April 8, 2015. Residents that spoke during the hearing wanted to make sure the new homes were quality products, would not devalue their properties and that the exterior elevations were similar and complimentary to their units. The Planning & Zoning Board recommended approval of the project with conditions as listed in Resolution No. 15-46. Summary of PUD Development Stage Plan/Preliminary Plat Amendments 1. The one-story units have a larger building footprint than the two-story units, therefore; the preliminary plat needs to be amended to increase the base lot dimensions of Lots 4- 11. 2. The three -unit townhome on the north end of the site was originally proposed as three attached units and two-story. These units will now be detached and one-story. 3. The setback on the north perimeter will be amended from 30 feet to 25 feet to accommodate the single -level building footprint. The proposed building will be 29.1 feet from the property line. No other setbacks will be revised. Building Design Standards The Planning & Zoning staff report dated April 8, 2015 recommended that all new units have stone or brick on the front elevation extending from the ground to the roofline around the window to match the existing unit elevations. However, upon further review of the original elevation approvals from 2005, brick or stone were only required on the front from the base to the bottom of the window sill. This was recommended by the Planning & Zoning Board. Side and rear elevations shall also have stone or brick extending along the full base. The Board also recommended the addition of two more siding colors as approved by staff and full brick columns on the front elevations vs. the white pillars proposed by the developer. Shoreland Management Overlay District and Impervious Surface Coverage The property is subject to the Shoreland Management Overlay District because it is located within 1,000 feet of both Marshan and Rice Lake. Both lakes are considered natural environment lakes per the MNDNR. Impervious surface coverage of the development cannot exceed 35%. Due to the increase in the size of the floor plan of the single level structures, the impervious surface also increased. To mitigate the issue and maintain 35%, the developer shall install porous pavers in the driveways and sidewalks of Lots 1-15 and pervious sidewalks on Lots 20-21. 2 The developer is also proposing to remove 4 guest parking stalls. Staff and the Planning & Zoning Board do not recommend removal of the guest parking stalls. Instead, they shall be replaced with porous pavers. Final Plat A land use application for PUD Final Plan/Final Plat for Turnberry Crossing 2nd Addition shall be required. At such time, the existing drainage and utility easement over Lot 24 shall be vacated by the City Council. A new standard drainage and utility easement shall be dedicated over the amended Lot 24 with the final plat for Turnberry Crossing 2nd Addition. The developer shall also enter into a Development Agreement and other documents as the City deems necessary. RECOMMENDATION The Planning & Zoning Board and staff recommend approval of the amended PUD Development Stage Plan/Preliminary Plat for Turnberry Crossing subject to the conditions listed in Resolution No. 15-46. ATTACHMENTS 1. Site Location Map 2. Aerial Map 3. Resolution No. 15-46 4. Plan Set and Preliminary Plat 3 LOCHNESS L KE 90 Badley -St— — CO 0_— 1111 11111 Marvy St Q c w /Q ILO it01.2 at L -EN — 1111 �fl111 Il Sv(Tm r _ S�-CS FCD a \ 0 Turnberry Crossing 2- 74th St -rr Faiilmoun LIII� IT St Ea 22 Ill .. tDrMN ■ ..� reenFB?i,arlDr E. EU1Ime�r-Dri .... L Wildflower=Dr7 mom EN MUNI Gladstone=Dr m1 . . . C =a� MC MEM MEN MEN ow Ell MEM IN MUM MINN 0 -m J 0 111111111111111111111 •11111111111111111■= 1.1 =EM 111111 1mM 121111111111111111111222 -- eIIIIIIIIIIII1I111III e II II GII nview=Dr 0 2 Ema•� 4 4v • atom Circle<Pines� i� ►� A 03 i 49 a) rn `c LIJ LI 0 0- a� NMI MMI EMI EMI 404 " Park /a► 1: I1II �a Dry MARSHAN LAKE nn OHWL 883.3 m n. 100 -yr 886.1 11111 1Arl r co 0 MOD Eitte ®®1 1 1,0 RICE LAKE OHWL 883.1 100 -yr 886.0 GEORGE WATCH LAKE 100 -yr 886.1 Aqua La Lino Lakes F St Sandpiper`Dr AteG •�10* •• 1 • 0 RESHANAU LAKE OHWL 883.5 100 -yr 886.0 4..,:ipow,.. afir$41:11' !NI • � • w2111117 WARDS LAKE CIT Y LNOLA or KES Site Location Map N s E 0 1,000 2,000 4,000 Feet CITY OF LINO LAKES RESOLUTION NO. 15-46 APPROVING AMENDMENT TO CONDITIONAL USE PERMIT (CUP) FOR PUD DEVELOPMENT STAGE PLAN/PRELIMINARY PLAT OF TUNRBERRY CROSSING WHEREAS, the City has received an application for amending the Conditional Use Permit (CUP) for Planned Unit Development (PUD) Development Stage Plan/Preliminary Plat for Turnberry Crossing hereafter referred to as "Development"; and WHEREAS, City staff has completed a review of the "Development" based on the following plan sets: • Plowe Engineering, Inc. dated March 4, 2015 and received by the City on March 4, 2015 • EG Rud & Sons, Inc. dated March 4, 2015 and received by the City on March 4, 2015; and WHEREAS, a public hearing was held before the Planning & Zoning Board on April 8, 2015 and the Board recommended approval with conditions of the "Development"; and WHEREAS, the "Development" is not considered premature, is consistent with the original Planned Unit Development (PUD) and meets the performance standards of the subdivision and zoning ordinance; and WHEREAS, the regulations and performance standards of the zoning ordinance and R-3 Medium Density Residential District will be in effect unless otherwise stated in this resolution; and WHEREAS, the following building design standards shall apply: • All units shall have full brick or stone columns on the front elevation similar to those on Lots 16-19 and Lots 22-23. • All units shall have a brick or stone base around side and rear elevations similar to those on Lots 16-19 and Lots 22-23. • Lots 20-21 shall have brick or stone on the front elevation extending from the ground to the roofline around the window similar to those on Lots 16-19 and Lots 22-23. • Lots 1-15 shall have at a minimum brick or stone on the front elevation from the base to the bottom of the window sill. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the amendment to the Conditional Use Permit for PUD Development Stage Plan/Preliminary Plat for Turnberry Crossing, subject to the following conditions being met prior to approval of the PUD Final Plan/Final Plat: 1. All comments from City Engineer letter dated March 27, 2015 shall be addressed. 2. All comments from Environmental Coordinator letter dated April 3, 2015 shall be addressed. 1 3. All comments from Anoka County Highway Department letter (to be provided) shall be addressed. 4. A RCWD permit shall be required. 5. Sheet 1, Certificate of Survey: a. There is an existing shared access easement over the north property and the adjacent property. This easement and document # shall be shown. b. Under Zoning and Setbacks, PDO shall be changed to CUP PUD. (This shall be changed on all plan sheets). c. Perimeter (North line) setback shall be changed from 29 feet to 25 feet. (This shall be changed on all plan sheets). d. Under Comprehensive Plan, "full build out" shall be omitted. (This shall be changed on all plan sheets). 6. Sheet 2, Impervious Coverage Exhibit: a. The guest parking stalls shall not be removed. b. The guest parking stalls shall be replaced with porous pavers to meet impervious coverage calculations. This shall be noted on the plans. 7. Sheet 3, Preliminary Plat: a. The lot and block numbering shall be consistent with the Turnberry Crossing final plat. b. Building setback line along north perimeter shall be revised from 29 feet to 25 feet. c. The detail for the townhomes proposed on Lots 6, 7, 10 and 11 shall also be included. 8. Sheet 4, Grading Plan: a. See City Engineer Comments. 9. Sheet 5, Landscape/Planting Plan: a. See Environmental Coordinator comments. b. The trees located on lot 3 shall be relocated. c. An irrigation plan shall be submitted and noted on the plan. d. Sod is required in the open space area and shall be noted on the plan. e. Seed mix and planting details of stormwater management ponds shall be provided. 10. Sheets Cl -C3.2: a. See City Engineer and Environmental Coordinator comments. 11. Exterior Elevation House Plans a. All exterior elevation house plans shall be revised to show full brick columns on the front of the house vs. the white pillars. b. Two additional color sidings shall be submitted and approved by City staff. Adopted by the Council of the City of Lino Lakes this day of , 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 2 Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk IN CERTIFICATE OF SU VEY- 'of TURNBERRY CROSSING 2ND ADDITION for- HOKANSON CONSTRUCTION, INC. 9174 ISANTI STREET N.E. BLAINE, M N 55434 ATTN: ROGER HOKANSON (763) 286-7995 VICINITY MAP PART OF SEC. 19 E 20, TWP. 31, RNG. 22 Centennial Middle 5chvd Blue Heron .�tbl4 Elementary school Rd e° SITE Rine Creek )41.sho9 /9:-3 Aqua Ln Rice Creek .Chain Chamonix fol C1 omaoiK Gclt Lou inn ANOKA COUNTY, MINNESOTA (NO SCALE) • 0 O 0 N X 952.36 > BLDSB LEGEND DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES IRON MONUMENT FOUND AS LABELED IRON MONUMENT SET, MARKED RLS# 41578 CATCH BASIN STORM SEWER MANHOLE SANITARY SEWER MANHOLE HYDRANT GATE VALVE EXISTING SPOT ELEVATION SIGN TELEPHONE PEDESTAL CABLE PEDESTAL ELECTRICAL BOX RETAINING WALL EXISTING CONTOURS EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATER MAIN BUILDING SETBACK LINE CONCRETE SURFACE BITUMINOUS SURFACE A DENOTES RIGHT OF ACCESS DEDICATED TO ANOKA COUNTY BENCHMARK MNDOT GSID STATION #62913 MN/DOT NAME: ANOKA BM 44 ELEVATION = 906.82 (NAVD88) C` Jl 1J 1 A v c\/ ,/ .� A j 5 `` 30 / / / 8s / NORTH / 100 / / / / / L. / / / 899.88 EBIT / 900, 09 EBIT ESOURCE • • / 90(0 90R 891 . 900.36 EBIT x900.32 900.30 EBIT x 900.57 x 901.09 903.03 708 x 902.92 TOP 03.39. 903235 ±' /TO5 ASH12 • x 900.09 901,33 902.99 TOP 903.36 ASH14 O 0) 903.10 MAPLE30 903.97 TOP ASH123 - x 9 100 90.5.23 EBIT 900.211 EBIT : 900.09 x TOE 901.82 902.34 TOP"ELM20 902.09 ELM26 901.0.3 AS -14 900.16 EBIT 901.02 ASH10 x 900.22 x9 900.98 ASI 116 900.92 ASH14 901.10 ASH16 x 900.99 • 902.31 TOP 900.91 TOE 1.20 902.55 TOP. 902.2/3A x TDP X105899.3 / 900.12 902.88 ASH14 902.64 TOP • 0 / VENTO 898`98 x TO/¢ 899.84 SETI P 41578 / ..•900.04 TO • • • • • 899C.34 • • • • • • • .899.00 •TC 90(1.04 Te. / x 899.80 •'900-- Y 41/174,' T l �G ��Mp ONES R\ 9.84 R 1_„ C/ • /^lv/ -/ �y J /q\/n 6 • -29-8/900.31 ••. � T0E�PILE \ TS.Sy ED/ xTOE901-.611 00.61 S@� -PILE \x \S .900.51/ 900.97 '-..• .. 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DRAIN x .. 895:43 .".......... 896.56 x -- TILE TOE TOE ._ ........... .... .68 899.53 x 891 TOE / x 898.77 TC 897.85 89-.31 TC sa C -FL 898.07 89 .71 TO TC ECONC 89 .37 8/98.94 ...898..49..,84 8 x 899,0 /x 898.25 QE N 97:06 x 899.39 TOP x 900.38 ....T OP ..`............X99. ,2.1 ..................... T 43 900.27 0 m / x900.47 x 900.59 TOP O O m x 898 TOE x 899.39 / / / / x 899.15 TOP 895.98 - x:100 --- 896.50' $95'94"x. 898.......................TOE ... Toe 900.12 28 TOP x 899.82 ...................................... TOP 89 898.96 TC / / /899.69 m 0 89.202 8:7.41 •:BEEHI x 90.31 899 TD x TOE • • • • 899.15 899.57 ;TC -D CS T-. G1J \ \ I 900 33 900.02 899 70 ECONC 0 0 4 x 900.62 89§.57 TC -'D • TOP x 900.68 CBMH .00 SE IP415.78 2 898.05 c 00.10th 98.42 co ' TTRANS 0 I 89991 •1 0 IRRIbATIOIJ 808(1) m : • 899 91 898..73 DIT931 901.2 • • • • • 0 902,50 899.64 EBIT 901.97 ASH14 900 46 TC -D 900.29 5.1 899.51 EBIT 898.31 DITCH. x : 900.30 i TOP • • • • • • • • • • 91.01.19 3ETIP41578 S89°43' 898.25 DITCH ff00.99 x • SETIP41578 899.69 TOP 901 23 900. 9 900.35 899.89 • • • 999.44 899.12 ECONC 3 900187 901.10 TOP x • 901.22 899.62 EBIT • 893 05 DISH • • • • • 899.6$ EBIT : • • • • • • • x 899.80 x 901TOP.14 TOP 899.86 899.43 EBIT 899 47 EBIT DITCH 900.93 x TOP 01 57 901 53 x 901.41 x 901.40 -5.05 900.43 03/ 00.77 NDIP#12251 901.50 0 x 900 0 • o 900.88 X TOP x 900.33 to iq 900 27 900.49 TOP x 900.18 TOE 900.93 TOP x DITCH x 899.07 TOP 900.56 TOP • • • • • • • • • • 902 35 901.27 /00.37 OE 901.13 ELM12 ajj X 9/01.47 X 7.13 x -180905 77 x 896.95 896.98 s :85-8'4.208 -EXISTING 6, -AIN LEE 8-097237 • 896.70 >> 81394 381 TOE x1TT00E1 S -v 897.77 TOE x wi 897 9 899.00 TC 898 77 89'..14 E SNC -TC 98 3 GL 898.13 46 89 .77 89 56 8709 D78 898.81 MHSAN 899.7 89 8 898.8 34 -D 89 3 - 60 899 899. 0 899. CBT N89°39 ,87.34 901.32 TOP x 900: -899.9 901.60 901.27 901.41 899 8, 901 30 901.31 900.99 90 14 901.68 TOP 900.91 x 90 74 i/ 901.59 / 902..7 9C0'D 42 ko Zo 901.2 900.85 'S‘y TC -5131T 900.72 900.73 TC -D EBIT- TO 900 64 C1 0 LU CC 1-131 x 901.35 x 90 23 4/7001,1, 901 899.77 [BIT 901.10 899.99 EBIT 901.59 1 507,9 900.67 FNDIP#12251 x 901.47 901.16 „,,,Q DRAINAGE AND UTILITY 90 .2 x 900.84 901.24 901.25 sZerksNA ON4 C13 x 900. BLDSB 901 82 901.86 901 45 901.78 901.83 8 90 41 TC D 900 56 900.76 TOP x 83 898 x 901.65 901 44 TOP x 1.74 897.56 N89°39' 9"Es x 896.55 TOE TOE TOP FNDIP1/2 .C.k.1961 76 01.5 .2,<N48899:7721 TOE c0C.) TOE 196.14 x 896.81 x 899.81 EBIT CD 899.62 898.99 EBIT A EBIT A / 898.89 EBIT A 898 40 EBIT 898.25 EBIT 899 3 TC - 8 98 A A A A 99.19 TC 60 GRAPHIC SCALE 15 30 ZONED: GB GENERAL BUSINESS EXISTING COMPREHENSIVE, LAI USE: INDUSTRIAL 60 120 RIM & SONS INC. E"."" Professional Land Surveyors www.egrud com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 NOTES Field survey was completed by E.G. Rud and Sons, Inc. on Bearings shown are on Anoka County Coordinate System. Curb shots are taken at the top and back of curb. 01/28/15. This survey was prepared without the benefit of title work. Additional easements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of a current title commitment or an attorney's title opinion. Due to field work being completed during the winter season there may be improvements in addition to those shown that were not visible due to snow and ice conditions characteristic of Minnesota winters. Utilities shown hereon are observed. Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of underground utilities and/or structures may vary fromlocations shown hereon and additional underground utilities and/or structures may be encountered. Contact Gopher State One Call Notification Center at (651) 454-0002 for verification of utility type and field location, prior to Location of 1000 foot setback line from the DNR ordinary high water line of Marshan Lake taken from Turnberry Crossing Impervious Surface Area Exhibit prepared by MFRA, dated 8-28-2012. Surveyed premises shown on this survey map is in Flood Zone C (area of minimal flooding), according to Flood Insurance Rate Map Community Panel No. 270015 0010 B by the Federal Emergency Management Agency, effective date May 17, 1982. 60 14,1 414- 7 A 900.30 MHSAN ZONED: R -1X SINGLE FAMILY EXECUTIVE EXISTING COMPREHENSIVE LAND USE: VACANT RURAL RESIDENTIAL ZONING AND SETBACKS CURRENT ZONING IS R-3 PDO MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT C.S.A.H NO. 23 (LAKE DRIVE) AQUA LANE AQUA CIRCLE PERIMETER (NORTH LINE) 40 FEET 30 FEET 25 FEET 29 FEET (PROPOSED) PRIVATE STREET TO GARAGE DOORS 20 FEET CITY OF LINO LAKES 2030 COMPREHENSIVE PLAN 2006 EXISTING LAND USE: MULTI -FAMILY RESIDENTIAL FULL BUILD OUT FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL IMPERVIOUS SURFACE CALCULATIONS EXISTING IMPERVIOUS SURFACES * BUILDINGS 8,003 S.F. SIDEWALKS/STOOP 848 S.F. DRIVEWAYS 2,003 S.F. PRIVATE DRIVES 20,856 S.F. TOTAL IMPERVIOUS 31,710 S.F. * * INCLUDES LOTS 12-23, BLOCK 1, TURNBERRY CROSSING PROPERTY DESCRIPTION Lots 1 through 11 and 24, Block 1, TURNBERRY CROSSING, Anoka County, Minnesota. AREA COMPUTATIONS TOTAL SITE AREA: 3.83± ACRES * EXISTING LOTS 23 * PROPOSED LOTS 23 * DENSITY: 6.00 UNITS/ ACRE * * INCLUDES LOTS 12-23, BLOCK 1, TURNBERRY CROSSING I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date: 03/04/15 License No. 41578 DRAWN BY: JEN JOB NO: 15050PP DATE: 02/09/15 CHECK BY: JER SCANNED • 1 3/04/15 Revised Layout JEN 2 3 NO. DATE DESCRIPTION BY H IMPERVIOUS COVERAGE 01 �offta TURNBERRY CROSSING 2ND ADDITION for HOKANSON CONSTRUCTION, INC. 9174 ISANTI STREET N.E. BLAINE, M N 55434 ATTN: ROGER HOKANSON (763) 286-7995 VICINITY MAP PART OF SEC. 19 E 20, TWP. 31, RNG. 22 �.J,i. centennial Piddle School Rlue Nernn Afmantary Scholl Rd v z ka IIS ',)IS'�•:1 Rice Creek Aqua Ln Rice Geek -.Chain [hmmonix. GoI ChomaoiK Gc.1 Cou • 0 O O ti� X 952.36 BLDSB I I L J A s ANOKA COUNTY, MINNESOTA (NO SCALE) LEGEND DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES IRON MONUMENT FOUND AS LABELED IRON MONUMENT SET, MARKED RLS# 41578 CATCH BASIN STORM SEWER MANHOLE SANITARY SEWER MANHOLE HYDRANT GATE VALVE EXISTING SPOT ELEVATION SIGN TELEPHONE PEDESTAL CABLE PEDESTAL ELECTRICAL BOX RETAINING WALL EXISTING CONTOURS EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATER MAIN BUILDING SETBACK LINE CONCRETE SURFACE BITUMINOUS SURFACE DENOTES RIGHT OF ACCESS DEDICATED TO ANOKA COUNTY DENOTES PROPOSED REMOVALS DENOTES PROPOSED CONTOURS DENOTES SILT FENCE BENCH MARK MNDOT GSID STATION #62913 MN/DOT NAME: ANOKA BM 44 ELEVATION = 906.82 (NAVD88) 4� ' c 1 / • J 6 J1 / 5 / c v / / T. .6J 1 / 30 / / / / / 85 NORTH n J / / / / / GRAPHIC SCALE 15 30 / / / / / / 100 / / / / / / / / / / / / / e. 1 4. / / / / / / 5 / / / 5 ' -- i 899.62 EBIT 899.05 DISH • • • • • • • • • 899.66 EBIT• x 899.80 901.14 • 701 TOP 899.86 ,s; 899.43 EBIT 899.5 EBIT 899.47 EBIT x 898:54 DITCH 900-93 x TOP • • 902.35 .' "ELM40 Q 90 TO1.57 f� P ,' x 90153 • 901.13 •i9O 901.04 O•. 899.77 EDIT 901.27 899.64 EBIT IBIT 899.88 EBIT / 900.09 EBIT 900.30 EBIT x 900.57 900.36 EBIT x 900.32 x 901.09 903.03 ' .TOP 902.92 TOP 903135 ASH12 x 900.09 x90'1.33 902.99 T05 \5\ 903.43 ASH12 903.31. ASH14 N O • 903.10 MAPLE30 898 •73 x DITS/H 901 23 x O O 0) x 898.31 DITCH, x 900.30 7 TOP • • • s01.19 SETIP41578 S89°49' "W 898.25 fie"' DITCH doom x ..SETIP41578 899.69 TOP 901.10 TOP x 901.22 ELM12 900.93 TOP x 900.68 TOP 900.96 x 898.64 • TOP DITCH • 899.08 • 900.23 7 x 900.56 x 901 TOP x 900.91 W ZL� 01 O � W O 04 J • • 1x 9 00.3 7 ,, OE x 901.68 TOP X 90h. 74 W H OD z • 901.59 / x 901 35 x 901 23 Rso..78 90 4 899.99 EBIT • 90 0 900.67 FNDIP#12251 - x 902..50 901.97 ASH14 901.23 ASH12 • 900.85 x 901.41 x 901.40 900.16 EBIT 903.39: OP . 903.97 TOP 900.33 TC D x 900.22 85 100 9015.23 EBIT 900.21 EBIT 900.09 T0E x 901.82'. 902.34 TOP '..ELM20 899.3 TOE / 899.84 SETIP41578 90Q.04 x 899.80 900.12 898.48 x 900.51 7 897.85 897.31 TC CB/ -FL 898.07 89 .71 TC T ECONC 89 -37 X 90.4.25 x 904 88 998.05 902.09 ELM26 897.70 TC-EBIT 46 ' xTOP-1P1' 897.97 X TOP -PILE • 901.03 ASH1 4 893.77 TQ -D 56 899.30 899.12 TO 899.55 X -TOE -PILE EB898.4 / 901.02 ASH10` • • 898.71 MHSAN 898.$: 900.98 ASH1 6 900.92 ASH14 x9 899.16 898.77 898.7 C W98.94 L ?� 898.82 901 04 ". ASH16 901.10 ASH16 x 900.99 G_ 898'62 TC/ C 89.14 5E SNC -TC 808.896 898.28/ TC -EBT 98.33 GL 899.00 89..85 x 900.9Q 898.77 898!13 CLP- 7 / / / 66 / / 902.31 TOP 9 x 900.91 TOE 1.20 899-53 n TO\ 40, 900816 900.29* 1440* • • 800°22'42"E I -5.05 900.43 00.77 NDIP#12251 900.18 TOEm 901.13 901.32 TOP x 901.50 / x901 701.47 / 901.59 0 12 x 901.47 - - - - BLDSB 900 9 TC - • • / ! / / /. / / / 8 ! -.897. 896 BASIN 6 x 8" .3 r 1111111 40101010, 898 89865 \ CB -TC 9�.2r x HWL=898.1_ _........... a =X m TO895- -E.X_- 895G-.5.:.DRx A. IN TILE _5E896'897-- -- '43 \ .�, 57.94 X1>1U.bti - ... i _ ......... 105 -rot- _ roE� SCANNED • ....................... 900-898......898 2/09/15 Revised Layout JEN 2 2/19/15 898.28 900.1 TOP 900 / 89 82 JEN X900,2.1................I„.- DATE •--� •••soo X o x 00.38 OE --•-x 10.3 o 10 SOG m 8 SOG oW o 0 O c (0 -10 00 r• NDATION TO 7, BE EXPOSED AND" FOOTINGS DROPPED? on 900 -.o 900.8 11 x9 .47 n 1 x OE 14 x 900 62 T0� x 900.68 89 RF i 91 ATI 89915 ' i I 800 JC , 57•_ CS o . I- _C J IS ; •I -U / I b9g C -•D ICS CS N 900.02 x 900 60 1Z) 900 10 900 35 • 898702 3,90 :TO 0 .00 IP41578 • 898/70 TC --//D x898.05 898.42 TRANS / 89 TC .78 898.81 MHSAN 13 898. 99.83 899 9 TC -D 899.79 MHSAN A 60 899.75 TD • • • 899.89 TC -D • 899.7 899.20 899. • • • • 899.12 ITCONIC x 900 CA 899. 0 00.33 X 90i 900.71 SOG 901.0 900.70 SOG 901.0 SOG 901.0 SOG ppto 8 34 900.88 TOP S89°58 45'4#6 898. TOE 27 920. 411 90 9 • x 896.95 x 896.31 BASIN 901.30 901.31 900.99 901 14 901.2 TC -D -899 Co 902.84 01.61 01 26 / DECK 901 7 DECK / 902.75 GAR-FFE 902.71 / / / 902.76 902.64 902 26 901.58 lo C:x'2) • 777 90.75 502.27 901.16 900.87 TC-EBIT TC-EBIT 900.86 901.16 TC -D 90 .21 TC -D 900.85 MHSAN 1/1F901 05 900.88 TC:D TC-EBIT 900.89 901.40 902,8 902.73 902 DECK 902.76 GAR-FFE g8:62 t'LT.I crun 89 09 TOP DECK / / / / / / / 902.73 GAR-FFE 901 902.82 902.68 • 902.42 900.72 900.73 TC -D EBIT-TC 900.96 900.64 Co 899.70 897 3 CBT I 900.60 TC -D 1 1 F'RIV,TE STREET 900.65 901.03 TC-EBIT 87.34 900.58 900.56 TC -D 900.73 9 '24' 900.84 TC -D - 900.44 MHSAN 901.61 -x 901.D0 901.24 901.82 901.75 901 86x/ 0\Z q3 00 1 OD x90 42 901.81 901.45 / DECK 900.76 DECK 901.83 00 crA- kr3 .F0 00 60 BASIN ToE co 901.65 co 901.44 TOP SOG I 74- 901.7 901 39 900.63 TC -D 6,4 90076 901.7 TOP th cl 896.81 x 899.83 s x8005 389°58 '45"Hr s 898.9b 109 899.81 EDT 899.62 EBIT A / A 278./8 90 8 9.60 -D 98.8 OE 99.51 9.90 TC D I-NDIP1/2 09 898.89 EBIT A 898.40 EBIT 89.877 10E 8 9.08 TC -D 898.25 EBIT A 1 A 899. 8 98 3 9.19 A A A A \ v • 60 120 111111 a SONS INC. """ Professional Land Surveyors www egrud com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 Ar NOTES Field survey was completed by E.G. Rud and Sons, Inc. on 01/28/15. Bearings shown are on Anoka County Coordinate System. Curb shots are taken at the top and back of curb. This survey was prepared without the benefit of title work. Additional easements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of a current title commitment or an attorney's title opinion. Due to field work being completed during the winter season there may be improvements in addition to those shown that were not visible due to snow and ice conditions characteristic of Minnesota winters. Utilities shown hereon are observed. Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of underground utilities and/or structures may vary fromlocations shown hereon and additional underground utilities and/or structures may be encountered. Contact Gopher State One Call Notification Center at (651) 454-0002 for verification of utility type and field location, prior to excavation. Location of 1000 foot setback line from the DNR ordinary high water line of Marshan Lake taken from Turnberry Crossing Impervious Surface Area Exhibit prepared by MFRA, dated 8-28-2012. Surveyed premises shown on this survey map is in Flood Zone C (area of minimal flooding), according to Flood Insurance Rate Map Community Panel No. 270015 0010 B by the Federal Emergency Management Agency, effective date May 17, 1982. Vacation of Drainage and Utility Easement over Lot 24 will be required. Ponding Calculations provided by Plowe Engineering, Inc. on 3-4-15. TOWNHOME DETAILS 14.0 0 11.000° DECK cd cri 27.67 PROPOSED cd DECK 1811•00 0 14.0 27.67 TOWNHOME 0 11.678i s 0. PORCH 6 GARAGE 22.50 GARAGE 22.50 PORCH 0 17 11.°°811 DECK cd 14.0 0 27.67 PROPOSED SINGLE UNIT TOWNHOME 11.67/d o 0. PORCH g GARAGE 22.50 A 900.30 MHSAN ZONING AND SETBACKS CURRENT ZONING IS R-3 PDO MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT AQUA LANE AQUA CIRCLE PERIMETER (NORTH LINE) 40 FEET 30 FEET 25 FEET 29 FEET (PROPOSED) PRI VA TE STREET TO GARAGE DOORS 20 FEET IMPERVIOU S SURFACE CALCULATIONS AREA INSIDE 1000 FT SHORELAND DISTRICT 162,726 S.F. (3.73 AC.) AREA OUTSIDE 1000 FT SHORELAND DISTRICT 4,248 S.F. (0.10 AC.) ALLOWABLE IMPERVIOUS AREA: INSIDE SHORELAND DISTRICT (35%) 56,954 S.F. OUTSIDE SHORELAND DISTRICT (65%) 2,761 S.F. TOTAL ALLOWABLE IMPERVIOUS 59,715 S.F. EXISTING IMPERVIOUS SURFACES BUILDINGS 8,003 S.F. SIDEWALKS/STOOP 848 S.F. DRIVEWAYS 2,003 S.F. PRIVATE DRIVES 20,856 S.F. TOTAL EXISTING IMPERVIOUS 31,710 S.F. INCLUDES LOTS 12-23, BLOCK 1, TURNBERRY CROSSING PROPOSED IMPERVIOUS SURFACES TOTAL EXISTING IMPERVIOUS 31,710 S.F. PROPOSED UNITS LOTS 1-11 20,119 S.F. PROPOSED UNITS LOTS 12-15 & 20-21...8,421 S.F. PROPOSED IMPERVIOUS DRIVEWAYS LOTS 20 & 21 640 S.F. TOTAL IMPERVIOUS 60,890 S.F. PROPOSED REMOVALS (1,308) S.F. TOTAL PROPOSED IMPERVIOUS 59,582 S.F. * 100% PERVIOUS DRIVES AND SIDEWALKS REQUIRED FOR PROPOSED UNITS ON LOTS 1-15. PERVIOUS WALKS FOR LOTS 20 - 21. PROPERTY DESCRIPTION Lots 1 through 11 and 24, Block 1, TURNBERRY CROSSING, Anoka County, Minnesota. AREA COMPUTATIONS TOTAL SITE AREA: 3.83± ACRES * EXISTING LOTS 23 * PROPOSED LOTS 23 * DENSITY: 6.00 ± UNITS/ ACRE * * INCLUDES LOTS 12-23, BLOCK 1, TURNBERRY CROSSING I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date: 03/04/15 License No. 41578 DRAWN BY: JEN JOB NO: 15050PP DATE: 2/05/15 CHECK BY: JER SCANNED • 1 2/09/15 Revised Layout JEN 2 2/19/15 Revised Layout JEN 3 3/04/15 Revised Layout JEN NO. DATE DESCRIPTION BY SHEET 2 PRELIMINARY PLAT 'of -ft- TURNBERRY CROSSING 2ND ADDITION for- HOKANSON CONSTRUCTION, INC. 9174 ISANTI STREET N.E. BLAINE, M N 55434 ATTN: ROGER HOKANSON (763) 286-7995 VICINITY MAP PART OF SEC. 19 E 20, TWP. 31, RNG. 22 Ulmer Dtp Ij 0IF1(J Centennial Midd4e School 6 5 Rhue Heron Elementary School SITE Rine Creek A40r5inorl Aqua Ln Rice CreeY-Chain Chmmnnix. Goi CImmo miK GcIt Cou • :.. 5 LI i .n=:P. Cortor;rrsr ANOKA COUNTY, MINNESOTA (NO SCALE) LEGEND • DENOTES o DENOTES ❑ DENOTES OD DENOTES OS DENOTES DENOTES DENOTES DENOTES DENOTES ❑r DENOTES © DENOTES ❑E DENOTES H X 952.36 BLDSB I I L J 0 DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES T.. •1 IRON MONUMENT FOUND AS LABELED / IRON MONUMENT SET, MARKED RLS# 41578 CATCH BASIN STORM SEWER MANHOLE SANITARY SEWER MANHOLE HYDRANT GATE VALVE EXISTING SPOT ELEVATION SIGN TELEPHONE PEDESTAL CABLE PEDESTAL ELECTRICAL BOX RETAINING WALL EXISTING CONTOURS EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATER MAIN BUILDING SETBACK LINE CONCRETE SURFACE BITUMINOUS SURFACE DENOTES RIGHT OF ACCESS DEDICATED TO ANOKA COUNTY BENC HMARK MNDOT GSID STATION #62913 MN/DOT NAME: ANOKA BM 44 ELEVATION = 906.82 (NAVD88) 7 J/ /\/- v \/ 30 0 15 C0/ Z tuf / / / / 85 NORTH GRAPHIC SCALE 30 / / / / / / / / , L. / / / / / / • c \ 389°49 '11"W 1.60 • / / 3 0 x005 2'42"E / 3/ 0 / / 3 m / m 12 8S 100 ti / / / 0 12 98,126 S.F. / DRAINAGE AND UTII�/ITY / EASEMENT THROUGH OUT ALL OF LOT 12, :i• OCK m 10.0 :-2 / 3,864/ S.F. Njn � / / / 60 / / O 44 17 / S72523 DRAINAGE AND UTILITY ,T EASEMENT COVERS ALL / OF OF LOT 24, BLOCK 1, / (TO BE VACATED) N89'58'45"E 0 0 7/ / 44.67 132.31 60 / 43.82 34.77 / 9 0 0 0 N S00'01'15"E 0 8 3,216 S.F. 0 O cNi 9 3,155 S.F. 44.67 N 0 N N89'58' w� oz Qw Q(f) < 0 00 w1- J o i 0 D Q 5 43.82 - 10.3 0 O 0 V) O N N 10 in 0 0 3,155 S.F. z O O N 0 too uio coo O 0) "E I 5 25.0 43.82 176.97 44.67 0 N • SS9. 26 7 n 10.DN89°58'45"E 87.34 0 •-LI N89°58'45"E 12.34 ,O/ 0/0) S89°58'45"117 87.34 N89 °39 '24"E 87.34 S89°58'45".W 87.34 _.°\ coy 60 N89°58'45"E 87.34 N89 °39 '24"E 87.34 00 CIO co ��J O Cn 98,126 S.F. / DRAINAGE AND UTILITY / EASEMENT THROUGH OUT / OF LOT 12, BLOCK 1, i / m rT DRAINAGE AND UTILITY m EASEMENT COVERS ALL OF LOT 24, BLOCK 1, (TO BE VACATED) 1_, J 1 - 1` JI 1 I - - - - BLDSB 68 0-5 -. V 0 0 S00°20 '36"E 61.50 S89° S89° AN AN to .F0 BLDSB B SB DECK DECK B DSB /1 BLDSB - S89°39'24"W 87.34 S89°58'45"W BLDSB - 21.35 - N89`39'29"E 389°39 '24"W 87.34 278.18 L _ A 1 r - I \ I 1- - 1 '1 L _ 0 0 \\ 60 L r 60 120 Ar ( IN FEET ) 1 inch = 30 ft. RID SONS INC. E$T.1911 Professional Land Surveyors www.egrud.com 6 776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 ZONED: GB GENERAL EXISTING COMPREHENSIVE LAND r BUSINESS USE: INDUSTRIAL NOTES Field survey was completed by E.G. Rud and Sons, Inc. on 01/28/15. Bearings shown are on Anoka County Coordinate System. Curb shots are taken at the top and back of curb. This survey was prepared without the benefit of title work. Additional easements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of a current title commitment or an attorney's title opinion. Due to field work being completed during the winter season there may be improvements in addition to those shown that were not visible due to snow and ice conditions characteristic of Minnesota winters. Utilities shown hereon are observed. Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of underground utilities and/or structures may vary fromlocations shown hereon and additional underground utilities and/or structures may be encountered. Contact Gopher State One Call Notification Center at (651) 454-0002 for verification of utility type and field location, prior to excavation. Location of 1000 foot setback line from the DNR ordinary high water line of Marshan Lake taken from Turnberry Crossing Impervious Surface Area Exhibit prepared by MFRA, dated 8-28-2012. Vacation of Drainage and Utility Easement over Lot 24 will be required. Surveyed premises shown on this survey map is in Flood Zone C (area of minimal flooding), according to Flood Insurance Rate Map Community Panel No. 270015 0010 B by the Federal Emergency Management Agency, effective date May 17, 1982. 0 N ZONED: R-1 X SINGLE FAMILY EXECUTIVE EXISTING COMPREHENSIVE LAND USE: VACANT RURAL RESIDENTIAL I H e H- , 1 1 I h-- L: I._ 1„ ZONING AND SETBACKS CURRENT ZONING IS R-3 PDO MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT I IA C.S.A.H NO. 23 (LAKE DRIVE) 40 FEET AQUA LANE 30 FEET AQUA CIRCLE 25 FEET PERIMETER (NORTH LINE) 29 FEET (PROPOSED) PRIVATE STREET TO GARAGE DOORS 20 FEET CITY OF LINO LAKES2O3O COMPREHENSIVE PLAN 2006 EXISTING LAND USE: MULTI -FAMILY RESIDENTIAL FULL BUILD OUT FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL TOWNHOME DETAILS 11.008 14.0 0 DECK oa 27 67 PROPOSED 0 14.0 I ozi DECK 16811.00 27.67 TOWNHOME 68 X4.5 11.67x.5 0 0 PORCH '• 16.17 0 GARAGE 22.50 GARAGE 22.50 Lri 4.5 � 0 ri11.67 D PORCH 0 0 16.17 0 N 11.008 14.0 0 DECK of 27.67 PROPOSED SINGLE UNIT TOWNHOME o 11.67,6 o �4.5 GARAGE 0 PORCH `' 16.17 0 22.50 / Is PROPERTY DESCRIPTION Lots 1 through 11 and 24, Block 1, TURNBERRY CROSSING, Anoka County, Minnesota. AREA COMPUTATIONS TOTAL SITE AREA: 3.83± ACRES * EXISTING LOTS 23 * PROPOSED LOTS 23 * DENSITY: 6.00 ± UNITS/ ACRE * INCLUDES LOTS 12-23, BLOCK 1, TURNBERRY CROSSING I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date: 03/04/15 License No. 41578 DRAWN BY: JEN JOB NO: 1505OPP DATE: 2/06/15 CHECK BY: JER SCANNED 1 3/04/15 Revised Layout JEN 2 3 NO. DATE DESCRIPTION BY SHEET 3 GRADING PLAN �offtm TURNBERRY CROSSING 2ND ADDITION for HOKANSON CONSTRUCTION, INC. 9174 ISANTI STREET N.E. BLAINE, M N 55434 ATTN: ROGER HOKANSON (763) 286-7995 VICINITY MAP PART OF SEC. 19 E 20, TWP. 31, RNG. 22 � 3 Ulmer Dt ceiddleal Midd4e School 6 5 c' Blue Heron Elementary Schad Rd v O ka ti t1 SITE Rine Creek Aqua Ln Rice Creel(.Chain [hmmnnix. Gol ChcmxmiK Gc I4 Coumn ANOKA COUNTY, MINNESOTA (NO SCALE) • 0 111 O O X 952.36 ❑r ❑E BLDSB I I L J LEGEND DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES NORTH IRON MONUMENT FOUND AS LABELED IRON MONUMENT SET, MARKED RLS# 41578 CATCH BASIN STORM SEWER MANHOLE SANITARY SEWER MANHOLE HYDRANT GATE VALVE EXISTING SPOT ELEVATION SIGN TELEPHONE PEDESTAL CABLE PEDESTAL ELECTRICAL BOX RETAINING WALL EXISTING CONTOURS EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATER MAIN BUILDING SETBACK LINE CONCRETE SURFACE BITUMINOUS SURFACE p DENOTES RIGHT OF ACCESS DEDICATED s TO ANOKA COUNTY DENOTES PROPOSED CONTOURS DENOTES SILT FENCE SOG DENOTES SLAB ON GRADE EROSION CONTROL / REVEGETATION SPECS. 1. PRIOR TO ROUGH GRADING, INSTALL SILT STOP FENCE IN LOCATIONS SHOWN. ADDITIONAL SILT STOP FENCE WILL BE REQUIRED WHERE LOCAL CONDITIONS REQUIRE. INSTALL TREE PROTECTION AS DEEMED NECESSARY BY THE CITY FORESTER PRIOR TO ANY GRADING. 2. ANY GRADING SHALL PROCEED ON AN AREA BY AREA BASIS TO MINIMIZE UNCOMPLETED AREAS. 1_,/ J -.J 1 / J / 3. AS EACH AREA OUTSIDE THE STREET IS GRADED, PROVIDE / NATIVE TOPSOIL, SEED, AND MULCH ANCHORED WITH A STRAIGHT SET DISC WITHIN SEVEN DAYS AFTER ROUGH GRADING. 4. MAINTAIN AND REPAIR SILT STOP FENCES (INCLUDING REMOVAL OF ACCUMULATED SILT) UNTIL VEGETATION IS ESTABLISHED. 5. SEE "STORM WATER POLLUTION PREVENTION PLAN" FOR ADDITIONAL EROSION CONTROL NOTES AND SITE SEQUENCING. / / / BENCHMARK MNDOT GSID STATION #62913 MN/DOT NAME: ANOKA BM 44 ELEVATION = 906.82 (NAVD88) / 1 / • J 4 J1 / 9 / c V / 7- / / 1- 2 0 w DIRECTION OFA EXTEND WIRE MESH INTO TRENCH SUPPORT POST ANCHORAGE IN-SITU SOIL / / 85 / / / / / 100 / / / / / / / / / / / / / / \ • '1 / / -r-. J / / , Z. •�J l - C � / / / / • / / c 1 • 899.62 EBIT 899.05 x DI 2H • 899.66 EBIT • • • • • • • • • x 899.80 901.14 TOP TOP 899.86 ;BIT 5 899.43 EBIT 899.5 EBIT 899.47 [BIT x 898i54 DITCH 900-93 x TOP • • 902.35 .' "ELM40 o Q1\ 90 TO1.57 f� P ,' x 90153 901.13 •i9O 901.04 • O. 899.77 EBIT 899.64 EBIT 899.88 EBIT / 900.09 [BIT 900.30 EBIT x 900.57 900.36 EBIT x 900.32 x 901.09 903.03 ' ,TOP 902.92 TOP 903.35 ASH12 x 900.09 x90'1.33 902.99 T05 • 3- 5111 903.38 ASH14 N O 0) • 903.10 MAPLE30 898 •73 x DITq-I 901 23 x O O 9) x 898.31 DITCH, x : 900.30 TOP • • • 91.19 SETIP41578 S89°49'/"W 898.25 fie"' DITCH doom x ..SETIF41578 899.69 TOP 900.68 TOP 900.96 x 898.64 • TOP DITCH x 901.10 TOP x 901.22 ELM12 900.93 TOP x • 899.08 900.23 TOP x 900.56 . TOP x 901 x 900.91 <r z o � W o z J 1x 900.37 OE x 901, 68 TOP X 904.74 CC o EO 53 = W Q 901.92 1- o 01 0Q< Z o 0 1C o�< o x 901.35 x 90123 901.27 SETIP41578 901.9 902.50 901.97 ASH14 901.23 ASH1 2 900.85 x 901.41 x 901.40 900.16 [BIT 903.39: 10P 903.97 T0P 900.33 TC -D x 99 -5.05 x 900.22 85 100 90'.23 E¢IT 900.29 EBIT 0 90.09 T0E x 901.82'. 902.34 TOP '..ELM20 8 TOE 99.3 / 899.84 SETIP41578 90Q.04 Te' . 30 0 GRAPHIC SCALE 15 30 60 120 ( IN FEET ) 1 1 inch = 30 ft. / /-\ 900.12 898.48 x 900.51 7 897.85 897.31 TC CB' -FL 898.07 89 .71 TC T ECONC 89 .37 X 90.4.25 x 904.88 898.05 902.09 ELM26 46 TOP -181 897.97 901.03 ASH1 4 / m 90c TOE• 902,88 1899 45 - ASH14 . : TC 902.68 / TOP:' / 89c9.34. •, / r 899.30 TOP-PILE • 899.12 905.98 T©E-PI ,2x 900. 89 89 /.77 -D 56 899.55 x_902.1 • TOE -PILE 898.4 EB 901,02 ASH10 • .899.00 TC 898.71 MH SAN 898.8: 900.98 ASH1 6 900.92 ASH1 4 x9 899.16 898.77 8/98.94 C 898.7 C 898.82 901 04 ". ASH16 901.10 ASH16 x 900.99 902.31 TOP 9 G 898162 TC/ 89$.14 5ENC- TC 898.96 898.28 TC -EB /T 98 GL 899.00 89-785 x 900.917 898. 899 .; 898113 CL-- 7 / / / 66 / / • • -897. 896 BASIN x 900.91 TOE 1.20 0 8991 TOE x 900.29 I 900.43 00.77 NDIP#12251 900.18 TOEm x 901 50 Lu 900.1 1 89865 \ CB -TC 6 x 8 .3 r 1111111 441101144, 898 HWL=898.1........_... . 9 ................X 855.5:. -- 89550 7-a_-EXIS G DRAINTILE x8 543�.�, 896 ----=- 897 TOE TO899.15 P 897.94 897.b8 JOB NO: 15050PP --- 42"1-94-----------____;4..x. 70�--___ TOE 8A • 898 1 ............. 900- JEN 2 3/04/15 Revised Layout JEN 3 X9Q0,2.1................f.r TnP •. �h.7% xT„, 398.28 9001 TOP 900 „89d.82 p 00.38.. P P° W o 0 O c (0 -10 00 r• NDATION TO ,o BE EXPOSED AND" FOOTINGS DROPPEDI on 900 �o o 10 SOG m 8 SOG iuJ 900.8 11 x 9 .47 n 1 IL 4 x 900 62 T0� ^ IL x 900.68 89 RF 91 ATI - 391.57 [C -'D CS '- C4 3 : CS 900.02 x 900 60 1Z) 900.10 900 35 TC D TC D 898 42 TRANS 89 TC .78 898.81 MHSAN 898. CURB CUT 899 0 TC -D A 899.79 MHSAN PRIVATE STRE CRB CUT 8'45"E 87.34c 899. 60 900.71 x SOG 901.0 x 900.70 8.99.44 TD SOG 901.0 900.88 TOP TOE °8 83'45"lir 8.c34 ri SOG 901.0 7 x 900 87 SOG p91.0 EOF 898.15 90 9 x 905 901.13 >898.13 x 896.95 x 896.31 901 32 TOP 899.99 EBIT 900.67 FNDIP#12251 x 901 x 701 47 / 901.59 40 0 12 x 901.47 901 14 901.2 -8qjti; 901.26 902.84 '902.35 DECK 901.60 901.27 901.41 DECK 902.75 902.76 GAR -FFE I r7 Ak sZgl 90.2.75 02.27 S89° 900.85 TC-EBIT 901.16 90 .21 TC -D 900.85 MHSAN (1901.05 00.88 • 900.89 900.87 900.86 TC-EBIT TC -D 0 N Claw CUM TOP 898 ,J898.57 898.88 10 901.08 99.86 I 901.04 901.301 901.31 900.99 9.02.73 902 901 902 82 902473 902.42 - S89° 900.72 900.73 TC -D EBIT-TC 900.65 901.03 TC-EBIT 87.34 900.58 • TC -D 900.73 El 900.64 900.60 EBIT-TC TC -D 900.84 TC -D - 87. 1211 900.44 MHSAN 901.61 901.24 901.82 901,75 CID „90 42 901.81 ‘TX 901.45 / 00 00 cm - 901.78 ou crji- 900.09 4k kr3 .F0 901.83 00 60 S89°39'24"If 87.3 BASIN TOE 899.81 EBIT x389°58 45" fir 899 62 EBIT A / CO 901.65 co 901.44 TOP SOG 74 901.7 7 01 39 900.63 TC -D 44 90076 901.7 TOR th TOE 896.81 x TOE 278.18 898.65x \ NDIP1/2 898.89 EBIT • 898.40 EBIT co 90 TC D A A 899. 3 Ira 97 OE 5 8 9.08 TC -D 898.25 EBIT 8 98 A A A 9.19 TC60 A SILT FENCE DETAIL 1 wr 6" MIN. 2" X 2" WOOD OR STEEL WIRE MESH REINFORCEMENT, STD. FIELD FENCE. MIN. 30" HIGH, MAX. MESH SPACING OF 6" AND MIN. 14-1/2" GAUGE WIRE IS OPTIONAL. GEOTEXTILE FILTER FABRIC - OVERLAP 6" AND FASTEN AT 2' INTERVALS. LAY FABRIC IN TRENCH. FABRIC ANCHORAGE TRENCH. BACKFILL TRENCH WITH TAMPED NATURAL SOIL. NOTES: liJ D UJ 2E Op OL 1) WIRE MESH IS NOT REQUIRED. 2) CONTRACTOR IS RESPONSIBLE FOR REMOVAL OF ALL EROSION CONTROL MATERIALS FOLLOWING TURF ESTABLISHMENT. 111111 & SONS INC. ""9" Professional Land Surveyors www egrud com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 NOTES Field survey was completed by E.G. Rud and Sons, Inc. on 01/28/15. Bearings shown are on Anoka County Coordinate System. Curb shots are taken at the top and back of curb. This survey was prepared without the benefit of title work. Additional easements, restrictions and/or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of a current title commitment or an attorney's title opinion. Due to field work being completed during the winter season there may be improvements in addition to those shown that were not visible due to snow and ice conditions characteristic of Minnesota winters. Utilities shown hereon are observed. Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of underground utilities and/or structures may vary fromlocations shown hereon and additional underground utilities and/or structures may be encountered. Contact Gopher State One Call Notification Center at (651) 454-0002 for verification of utility type and field location, prior to excavation. Location of 1000 foot setback line from the DNR ordinary high water line of Marshan Lake taken from Turnberry Crossing Impervious Surface Area Exhibit prepared by MFRA, dated 8-28-2012. Surveyed premises shown on this survey map is in Flood Zone C (area of minimal flooding), according to Flood Insurance Rate Map Community Panel No. 270015 0010 B by the Federal Emergency Management Agency, effective date May 17, 1982. Vacation of Drainage and Utility Easement over Lot 24 will be required. Building styles are slab on grade. Ponding Calculations provided by Howe Engineering, Inc. on 3-4-15. TOWNHOME DETAILS 14.0 0 11.000° DECK cd 0 14.0 cd DECK c's811 00 84.5 27 67 PROPOSED 27.67 TOWNHOME GARAGE 22.50 GARAGE 22.50 4.5 00 PORCH 0. 16.17 (0 14.0 11.0000 DECK cd Lri 27.67 PROPOSED SINGLE UNIT TOWNHOME co cpel 0. PORCH Lg. (0 16.17 GARAGE 22.50 A 900.30 MHSAN ZONING AND SETBACKS CURRENT ZONING IS R-3 PDO MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT AQUA LANE 30 FEET AQUA CIRCLE 25 FEET PERIMETER (NORTH LINE) 29 FEET (PROPOSED) PRIVATE STREET TO GARAGE DOORS 20 FEET IMPERVIOU S SURFACE CALCULATIONS AREA INSIDE 1000 FT SHORELAND DISTRICT 162,726 S.F. (3.73 AC.) AREA OUTSIDE 1000 FT SHORELAND DISTRICT 4,248 S.F. (0.10 AC.) ALLOWABLE IMPERVIOUS AREA: INSIDE SHORELAND DISTRICT (35%) 56,954 S.F. OUTSIDE SHORELAND DISTRICT (65%) 2,761 S.F. TOTAL ALLOWABLE IMPERVIOUS 59,715 S.F. EXISTING IMPERVIOUS SURFACES BUILDINGS 8,003 S.F. SIDEWALKS/STOOP 848 S.F. DRIVEWAYS 2,003 S.F. PRIVATE DRIVES 20,856 S.F. TOTAL EXISTING IMPERVIOUS 31,710 S.F. INCLUDES LOTS 12-23, BLOCK 1, TURNBERRY CROSSING PROPOSED IMPERVIOUS SURFACES TOTAL EXISTING IMPERVIOUS 31,710 S.F. PROPOSED UNITS LOTS 1-11 20,119 S.F. PROPOSED UNITS LOTS 12-15 (Sc 20-21...8,421 S.F. PROPOSED IMPERVIOUS DRIVEWAYS LOTS 20 8c 21 640 S.F. TOTAL IMPERVIOUS 60,890 S.F. PROPOSED REMOVALS (1,308) S.F. TOTAL PROPOSED IMPERVIOUS 59,582 S.F. * 100% PERVIOUS DRIVES AND SIDEWALKS REQUIRED FOR PROPOSED UNITS ON LOTS 1-15. PERVIOUS WALKS FOR LOTS 20 - 21. PROPERTY DESCRIPTION Lots 1 through 11 and 24, Block 1, TURNBERRY CROSSING, Anoka County, Minnesota. AREA COMPUTATIONS TOTAL SITE AREA: 3.83± ACRES * EXISTING LOTS 23 * PROPOSED LOTS 23 * DENSITY: 6.00 UNITS/ ACRE * * INCLUDES LOTS 12-23, BLOCK 1, TURNBERRY CROSSING I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. I Date: 03/04/15 License No. 41578 DRAWN BY: JEN JOB NO: 15050PP DATE: 2/05/15 CHECK BY: JER SCANNED • 1 2/09/15 Revised Layout JEN 2 3/04/15 Revised Layout JEN 3 NO. DATE DESCRIPTION BY SHEET 4 LANDSCAPE/PLANTING PLA 'of -ft- TURNBERRY CROSSING 2ND ADDITION for- HOKANSON CONSTRUCTION, INC. 9174 ISANTI STREET N.E. BLAINE, M N 55434 ATTN: ROGER HOKANSON (763) 286-7995 VICINITY MAP PART OF SEC. 19 E 20, TWP. 31, RNG. 22 -31 Rlue Heron .can Elementary Scholl Rd o" L Y o A4dershon Zcr.- Rice Creek Aqua Ln Rice Geek -Chain Chamonix fol Chomerth Goll Cou ire mtor,i.17 lei -w" ANOKA COUNTY, MINNESOTA (NO SCALE) • 0 O O tite N X 952.36 ❑E BLDSB I I L J LEGEND DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES NOTES IRON MONUMENT FOUND AS LABELED IRON MONUMENT SET, MARKED RLS# 41578 CATCH BASIN STORM SEWER MANHOLE SANITARY SEWER MANHOLE HYDRANT GATE VALVE EXISTING SPOT ELEVATION SIGN TELEPHONE PEDESTAL CABLE PEDESTAL ELECTRICAL BOX RETAINING WALL EXISTING CONTOURS EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATER MAIN BUILDING SETBACK LINE CONCRETE SURFACE BITUMINOUS SURFACE Field survey was completed by E.G. Rud and Sons, Inc. on 01/28/15. Bearings shown are on Anoka County Coordinate System. Due to field work being completed during the winter season there may be improvements in addition to those shown that were not visible due to snow and ice conditions characteristic of Minnesota winters. PROPERTY DESCRIPTION Lots 1 through 11 and 24, Block 1, TURNBERRY CROSSING, Anoka County, Minnesota. BENC HMARK MNDOT GSID STATION #62913 MN/DOT NAME: ANOKA BM 44 ELEVATION = 906.82 (NAVD88) 1. SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTING 2. TRIM OUT DEAD WOOD AND WEAK AND/OR DEFORMED TWIGS. DO NOT CUT A LEADER. DO NOT PAINT CUTS. 3. SET PLANT ON UNDISTURBED NATIVE SOIL OR THOROUGHLY COMPACTED BACKFILL SOIL. INSTALL PLANT SO THE ROOT FLARE IS AT OR UP TO 2" ABOVE THE FINISHED GRADE. 4. PLACE PLANT IN PLANTING HOLE WITH BURLAP AND WIRE BASKET, (IF USED), INTACT. BACKFILL WITHIN APPROX. 12" OF THE TOP OF ROOTBALL, WATER PLANT. REMOVE TOP 1/3 OF THE BASKET OR THE TOP TWO HORIZONTAL RINGS, WHICHEVER IS GREATER. REMOVE ALL BURLAP AND NAILS FROM TOP 1/3 OF THE BALL. REMOVE ALL TWINE. 5. PLUMB AND BACKFILL WITH BACKFILL SOIL. 6. WATER TO SETTLE PLANTS AND FILL VOIDS. 7. WATER WITHIN TWO HOURS OF INSTALLATION. WATERING MUST BE SUFFICIENT TO THOROUGHLY SATURATE ROOT BALL AND PLANTING HOLE. 8. PLACE MULCH WITHIN 48 HOURS OF THE SECOND WATERING UNLESS SOIL MOISTURE IS EXCESSIVE. 0 100 _ �J L 902.35 ELM40 / • N 901.70 ELM22 901.22 ELM12 1144 903.35 ASH12 903.36 ASH14 -16 903.10 MAPLE30 901.97 ASH14 901.23 ASH12 901.13 ELM12 • • m .\ 8,5 100 90103 ASH14 902.09 ELM26 30 0 GRAPHIC SCALE 15 30 60 120 ( IN FEET ) 1 inch = 30 ft. • •• 902 34 i— 902.88 ASH4 60320 1 / 900.98 ASH16 4561900.9 4 2 901.10 ASH16 • • • a— m / / / / 0 12 NOTE: GUY ASSEMBLY OPTIONAL BUT CONTRACTOR ASSUMES FULL RESPONSIBILITY FOR MAINTAINING TREE IN A PLUMB POSITION FOR THE DURATION OF THE GUARANTEE PERIOD GUY ASSEMBLY— 16" POLYPROPYLENE OR POLYETHYLENE (40 MIL) 1-1/2" WIDE STRAP (TYP) DOUBLE STRAND 10 GA. WIRE, 2-7" ROLLED STEEL POSTS (MnDOT 3401) W 180° 0.C. (SEE STAKING DIAGRAM) COORDINATE STAKING TO INSURE UNIFORM ORIENTATION OF GUY LINES AND STAKES STAKING DIAGRAM GUY WIRE WITH WEBBING FLAGGING— ONE PER WIRE 4 INCHES MULCH (—EXISTING GRADE MINIMUM 1/2 WIDTH OF ROOT BALL PLANTING SOIL MIXTURE (SEE SPEC.) UNDISTURBED OR STABILIZED SUBSOILS CONIFEROUS TREE PLANTING DETAIL N.T.S. z N 4 INCHES MULCH ( SEE LANDSCAPE NOTES FOR TYPE OF MULCH ) IF SHRUB IS B & B, THEN REMOVE BURLAP & ROPE FROM TOP 1/3 OF BALL BACKFILL MIX UNDISTURBED SUBSOIL CSHRUB & CONTAINER PLANTING DETAIL N.T.S. DUD a SONS INC. E$T.119T1 Professional Land Surveyors www.egrud.com 6 776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 Ar q/1 r" BLDSB ro 1 / -EXISTING DRAIN TILE yy0 / 0 I A 60 CS • -9 6 A r » » » / / / • /////// / / / / / / A e. :; ////// it / BLDSB • —EXISTING DRAIN TILE » > » 1 ,111[/ 11' PLAN 8" 2—PLY NYLON STRAPS DOUBLE STRAND 12 GAUGE WIRE PAINTED FLUORESCENT ORANGE WHITE FLAGGING (TYP) TREE WRAP 4 INCHES MULCH 4 INCH DEEP SAUCER 8' STEEL TEE POST— 3 REQUIRED AT 120° BACKFILL MIX UNDISTURBED SUBSOIL REMOVE BURLAP & ROPE FROM TOP 1/3 OF THE BALL DECIDUOUS TREE PLANTING DETAIL N.T.S. r 01 U • A /, I TS I Se A e /////1///// > BLDSB 13 D58 0 ore BLDSB SUGGESTED - PLANT SCHEDULE SYMBOL QUANTITY SIZE ROOT TYPE COMMON NAME BOTANICAL NAME =36 �_ is ,,t. 4, � `13 * • ` 18 2" CAL. B&B AUTUMN BLAZE MAPLE Acer x freemanii "Jeffersred" 8NORTHERN 2" CAL. B&B PIN OAK Quercus ellipsoidalis 9 2" CAL. B&B PATMORE GREEN ASH Fraxinus pennsylvanica "Patmore" 6RED 2" CAL. B&B OAK Quercus rubra 10 1.5" CAL. m 8 9 14 1.5" CAL. 10 11 Crateagus crusgalle var. inermis 15 6' HT. B&B HILLS SPRUCE Picea glauca densata" 1 1 1 6' HT. B&B WHITE SPRUCE Picea glauca 15 6' HT. B&B L Pinus strobus r+. es Ll _GS 1 I - \ J CS L CS , yy0 / 0 I A 60 CS • -9 6 A r » » » / / / • /////// / / / / / / A e. :; ////// it / BLDSB • —EXISTING DRAIN TILE » > » 1 ,111[/ 11' PLAN 8" 2—PLY NYLON STRAPS DOUBLE STRAND 12 GAUGE WIRE PAINTED FLUORESCENT ORANGE WHITE FLAGGING (TYP) TREE WRAP 4 INCHES MULCH 4 INCH DEEP SAUCER 8' STEEL TEE POST— 3 REQUIRED AT 120° BACKFILL MIX UNDISTURBED SUBSOIL REMOVE BURLAP & ROPE FROM TOP 1/3 OF THE BALL DECIDUOUS TREE PLANTING DETAIL N.T.S. r 01 U • A /, I TS I Se A e /////1///// > BLDSB 13 D58 0 ore BLDSB SUGGESTED - PLANT SCHEDULE SYMBOL QUANTITY SIZE ROOT TYPE COMMON NAME BOTANICAL NAME =36 �_ is ,,t. 4, � `13 * • ` 18 2" CAL. B&B AUTUMN BLAZE MAPLE Acer x freemanii "Jeffersred" 8NORTHERN 2" CAL. B&B PIN OAK Quercus ellipsoidalis 9 2" CAL. B&B PATMORE GREEN ASH Fraxinus pennsylvanica "Patmore" 6RED 2" CAL. B&B OAK Quercus rubra 10 1.5" CAL. B&B HARVEST GOLD CRABAPPLE Betula x "Crimson Frost" 14 1.5" CAL. B&B THORNLESS HAWTHORN Crateagus crusgalle var. inermis 15 6' HT. B&B HILLS SPRUCE Picea glauca densata" 10 6' HT. B&B WHITE SPRUCE Picea glauca 15 6' HT. B&B WHITE PINE Pinus strobus NOTES: 1) EXAMPLE SPECIES SHOWN — VERIFY SPECIES REQUIREMENTS WITH CITY'S ENVIRONMENTAL COORDINATOR PRIOR TO ANY INSTALLATIONS 2) VERIFY TREE LOCATIONS WITHIN BOULEVARD WITH CITY'S ENVIRONMENTAL COORDINATOR PRIOR TO ANY INSTALLATIONS mit 01 m 0 V » A A A A — 60 —I" �I\ A / v / / / / SI, 1111 II 1 L LANDSCAPING NOTES PLANTING SOIL SHALL HAVE A pH RANGE OF 5.00 TO 8.00. SOIL SHALL BE DECOMPACTED AND FREE OF STICKS, STONES, AND OTHER DEBRIS. SOIL SHALL CONTAIN NO LESS THAN 5% ORGANIC COMPOST AND 25% SAND. FOR PLANTING OF SHRUBS, PERENNIALS, AND ORNAMENTAL GRASS, A MINIMUM OF 6" OF TOPSOIL SHALL BE PLACED ON THE AFFECTED AREAS BEFORE INSTALLATION. FOR ESTABLISHMENT OF TURF, A MINIMUM OF DEPTH OF 4" OF TOPSOIL SHALL BE PLACED ON THE AFFECTED AREAS BEFORE INSTALLATION OF SOD OR SEED. STAKE AND/OR MARK ALL PLAN PLANTING LOCATIONS PRIOR TO INSTALLATION. OWNER TO APPROVE ALL LOCATIONS PRIOR TO INSTALLATION. ALL PLANTS INSTALLED SHALL BE NURSERY GROWN AND IDENTIFIED AS HARDY PLANTS WHICH ARE APPROPRIATE FOR ALL SEASONAL CONDITIONS. PLANTS MUST BE SOUND, HEALTHY, VIGOROUS, AND FREE OF DISEASE, INSECTS EGGS, AND LARVAE. MULCH: SHREDDED HARDWOOD MULCH, CLEAN AND FREE OF NOXIOUS WEEDS OR OTHER DELETERIOUS MATERIAL, IN ALL MASS PLANTING BEDS AND FOR TREES, UNLESS INDICATED AS ROCK MULCH ON DRAWINGS. USE 4" FOR TREES, SHRUB BEDS, AND 3" FOR PERENNIAL/GROUND COVER BEDS, UNLESS OTHERWISE DIRECTED. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE CODES, REGULATIONS, AND PERMITS GOVERNING THE WORK. MAINTENANCE SHALL BEGIN IMMEDIATELY AFTER EACH PORTION OF THE WORK IS IN PLACE. PLANT MATERIAL SHALL BE PROTECTED AND MAINTAINED UNTIL THE INSTALLATION OF THE PLANTS IS COMPLETE, INSPECTION HAS BEEN MADE, AND PLANTINGS ARE ACCEPTED EXCLUSIVE OF THE GUARANTEE. MAINTENANCE SHALL INCLUDE WATERING, CULTIVATING, MULCHING, REMOVAL OF DEAD MATERIALS, RE—SETTING PLANTS TO PROPER GRADE AND KEEPING PLANTS IN A PLUMB POSITION. AFTER ACCEPTANCE, THE OWNER SHALL ASSUME MAINTENANCE RESPONSIBILITIES. HOWEVER, THE CONTRACTOR SHALL CONTINUE TO BE RESPONSIBLE FOR KEEPING THE TREES PLUMB THROUGHOUT THE GUARANTEE PERIOD. INSTALL 4"-6" DEPTH SHREDDED WOOD MULCH AROUND ROOT SAUCER OF ALL TREES ISOLATED FROM PLANT BEDS. ALL WORK TO BE GUARANTEED FOR A PERIOD OF ONE YEAR BEGINNING AT TIME OF ACCEPTANCE BY OWNER. CONTRACTOR TO MAKE ALL REPLACEMENTS IN A TIMELY MANNER. ALL MATERIALS SHALL COMPLY WITH THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY STOCK, AMERICAN ASSOCIATION OF NURSERYMEN. WHEN STAKING OR GUYING OF TREES IS REQUIRED, IT SHALL OCCUR SO AS NOT TO CREATE ANY HAZARDS OR UNSIGHTLY OBSTACLES. ALL WIRES SHALL BE ENCASED IN HOSE TO PREVENT TREE DAMAGE. ALL DISTURBED AREAS TO BE TURF SEEDED, ARE TO RECEIVE 4" TOP SOIL, SEED, MULCH, AND WATER UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. APPLY CHEMICAL WEED CONTROL TO ALL LANDSCAPE AREAS PRIOR TO ANY INSTALLATION. ALL MATERIALS SHALL COMPLY WITH THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY STOCK, AMERICAN ASSOCIATION OF NURSERYMEN. WHEN STAKING OR GUYING OF TREES IS REQUIRED, IT SHALL OCCUR SO AS NOT TO CREATE ANY HAZARDS OR UNSIGHTLY OBSTACLES. ALL WIRES SHALL BE ENCASED IN HOSE TO PREVENT TREE DAMAGE. DRAWN BY:: JEN JOB NO: 15050PP DATE: 3/04/15 CHECK BY: JER SCANNED ❑ 1 2 3 NO. DATE DESCRIPTION BY SHEET 5 15050PP 0 N 78 0 S:Aplowe\cad\15pro\15-1536 TURNBERRY CROSSING 2ND \15-1536 CAD \15-1536 BASE O.dwq Know what's below. Call before you dig. 1 1 60 rTl 1 1 60 > 9 . 87.V 8S 0 0 N o F-1000 FOOT SETBACK FROM DNR /7 ORDINARY HIGHWATER LINE OF MARSHAN LAKE v v o 0) 70 V _ Z m V0 - o 0 (7 Iv rr1 CO c0 O VV v 6 \ 8CDs6 co C) cs H 2 &Lose ompy • V r- t / / .I \ / I 1., Z S/DEN 77-23 p q NN eizse �Op TY A/7 - , T / / /_„,1 `/� r . co Vv (YIN; 1N; 8" DIP (CL 52) APPROXIMATE WATER LINE LOCATION I I\gL�SR r\ L. ,_/ r"/ I / r I/ ,, / /- / I / r\ < /s // by / / / / ♦ / / i/1/ V r \ , / / / v HYDRANT & VALVE V (0 O 00 V C) BLDSB BLDSB CBMH 10' 21 I I L O 0 > HYDRANT & VALVE > BLDS ®MH > > SANITARY SEWER STRUCTURES NO. RIM INV. IN 1 900.27 887.99 2 900.55 3 899.18 888.32 4 899.54 888.45 5 899.62 6 898.78 887.09 7 898.50 887.23 8 898.57 7 v m \ C) N \ \ \ \ \ \ \ \ \ \ \� INV. OUT 887.99 889.83 888.32 888.45 889.01 887.09 887.23 887.74 > BLDSB \vvvv 0 m \ \ \ \ BLDSB BLD S0072'42"E 314./9 B v v v TO 0) D 2 v m v m m 7o 0 Z7 D v B Ds BLas O_ 0 cs MH 5 O 0 t-0 CO O_ CS BLDSB G ♦ 7.3 ry FS G) 0 0 \ C vF s 0 - ;t0 0 B s lL. / r 0 co W - PROPOSED DRAINAGE AND UTILITY EASEMENT - Cn V< - 0 J BLDSB • 9_DSB - 0) 0 co MH 4 B 1 1 / ♦ / / \ STORM SEWER STRUCTURES NO. RIM INV. IN INV. OUT 101 897.26 894.70 894.00 102 897.20 894.52 894.33 103 897.16 893.70 893.16 NOTE: FOR SANITARY SEWER, WATERMAIN, & STORM SEWER DETAILED INFORMATION, SEE RECORD DRAWINGS DATED 08/18/05. v v 98718 - - _ --2501g� 1/c ▪ MH 3 & VALVE CBMH 103 W 0 rn o LW v 1 U O BCG A 11/1//::: /I/' r ~' 4 I �' F r 11'; / iI / A I .. * FOR CURB INSTALL ADJUSTABL WITH CAST IRON CAP (TYP) S IN DRIVE YS VE BOX / // R . , N/cN rS r r \/ co \ UTILITY PLAN TURNBERRY CROSSING 2ND ADDITION DRAWN BY: DESIGN BY: C.M. C.W.P. CHCKD BY: C.W.P. PROJ. NO. 15-1536 ORIGINAL DATE: MARCH 4, 2015 REVISION DESCRIPTION W 1- Q 0 N E (>3 �C • E L C CO _c Q • (-6 L p 2 73a) u) o_ c cu c co cri (t3 = _ '- .2 w _ o Q 4) O CO --9-0 U O C '- • o > • L _ , U = J a)o-0 03.04.2015 W 1- 0 TURNBERRY CROSSING 2ND ADDITION LINO LAKES, MINNESOTA UTILITY PLAN PREPARED FOR: HOKANSON CONSTRUCTION SITE PLANNING & ENGINEERING PLOWS ENGINEERING, INC. 6776 LAKE DRIVE SUITE 110 LINO LAKES, MN 55014 PHONE: (651) 361-8210 FAX: (651) 361-8701 NORTH 0 11"H3 0 1 INCH = 30 FEET C1 0rn S: plowe\cad\15proiA15-1536 TURNBERRY CROSSING 2ND \15-1536 CAD \15-1536 BASE O.dwq PROPOSED FILTRATION MEDIA (TYP) 0 z En 0 1089N9O 8S 90990n8 1 1 W W W W W W W Know what's below. Call before you dig. 0 z Z7 X 0 z 0 77 0 0 77 X 0 0 0 7 1 60 -- - 7 r T 1 I ' I 60 mm 40 m0 mCo 0HI CO00 0000 0 CO 0 EZ 0 X 0 x o 0 0 O °C,7 0X hyo -1000 FOOT SETBACK FROM DNR // ORDINARY HIGHWATER LINE OF MARSHAN LAKE l \\BCDSe . 0 @4059 MO w I/4/' r. Y /- Y / ' Z. `` RES/0 ,R —3 p `` \ \ /At PC/fin/ / I \- ; // / A x X ''•.OX '7,!%)2, o w Avo -09 00 oo � N 00 00 e<DSe \OLD \ v Y / 4- - A �I '\I Ar PSI l Ty / A ' -0I /,\ te r, --/- 1 / i-. / \J / I `/� r, L / Ar / 1 / / `1 / � ` •i / 1 1 j r-.... ti, L. A V / I / /. \ L.. /� /, 1 / L. J/ , / / I- / i\ 4 / / /1/ 4 P /�I m7 �� "1 OW = N W00 •............ 00 0-7 O x UO 00 m O 00 •, cc �(0 mmo .. w...Gn..<P. (0 0 Pt -o rtd om X NN 00 �0 •`v �� OW 00 -• J L x 4"� 0 W �N J Cc -1 >4 00 rico00 z0 ' co,' K- 1 mo o0 N NW E „„1� ` `1 SIO 0 1vr chit CO ooX W ...900.........�o� WO 6.�P o mow• .............. 00 (00 9 N0 O <0 S S/BS�— N 0 0 1 APPROXIMATE WATER \ LINE LOCATIONTEkDs \ A / v 0 n.N x 902-.TT0 •.. o x Arn 0000 • > co so ,�- NA 900.53 TC -D 900.51 TC -D 900.47 TC -D 900.59 TC -D m W v O m 0 ♦3' c00 1 00 m.0 -P ca .. cn X Co -{O 0.o 1 Q0 ma OJ 00 Go x 00 00 mcc X � 0 b p DO (0 O =u o0 N'•. �N 0 '_•.... O o. -0 A \ 1 1 A 1 1 1 1 / \ / \ \x \/ / \ V v 0 W Q(0 -0 0 n� 4/0 QO 10 -(( oZ n• O V V (3) 0 00 m x oco x(0 z-. - • /�\ /' \i A , R / Y / 0 0 mo ' A L '1/ > -0 L / \ \ C] o D0 xx m tno I. T m 0 0 0110 Q 0 -10 Co Co Mc, \ / Ar I 1 \ r� / `I F r A A (0 0 m o 0 m PI co 00 0 0 z- z� CO /Z PjI > 0 YEO S o \ \ \ 4.1/ 4, ANT1-WASH EROSION CONTROL FABRIC. 1' 70% SAND, 30% ORGANIC 14IX ELEV. SEE PLAN RECEAMENDEL PLANTS: SUNNY ARE"A5 seip AREAS NEW ENGLAND ASTER CATERPILLAR SEDGE MARSH MARIGOLD VIRGINIA ILUEIELLS CULVfRS ROOT SENSITIVE FERN BONESET RLuEr LAG DRIB S VITC HGRASS GOLDEN ALEXANDER RECOMMENDED SHIRUBSI SUNNY OR SAAB' AREAS SI4AEW AREAS ONLY BLACK CHCKEAERRY IIEADOV SWEET REG OSIER DOGWOOD HIGH BUSH GdANBERR'' LOM BRUSH NmerSUCKLE PUSSY \FILLOv D O N `O > O m0 x mo .... vio 00 ,... N........ xJ o Dc0 p0 00 O $� TO x X x , � ro \ F X > i0 S\ \ x ..... 00 Ci 00 Q / 4 0)/PE 0� 40 O N r0 0O (J0 1 7 IT 0 /3-i 40 O <1W z r-' 0 L 1 SAPID GRAVEL IAD( PERFORATED PVC DRAINTILE IN GE0TE7iTILE SOCK RV ZRFLO LRE DRILL AND GROUT OR PRECAST CONNECTION TO STORM SEWER. STORM SEWER MANHOLE OR CATCH BASIN STURII SEWER MANHBLE OR CATCI-0 BASIN OVERMIN STRUCTURE NAY NOT DE RE7WRED IN CERTAIN LOCATIONS SUCH AS ADJACENT TO POKING AREAS AND/ OR WETLAND, INFILTRATION BASIN • 0• 0 O 0 ti co x 00 mc0 \• \ W 0(0 4/o� co G \ 010 • 'p 0 Z 0 cc 600 0 co CD 0 0 \ \ rn 0 STORMWATER MANAGEMENT PLAN TURNBERRY CROSSING 2ND ADDITION DRAWN BY: DESIGN BY: C.M. C.W.P. CHCKD BY: C.W.P. PROJ. NO. 15-1536 ORIGINAL DATE: MARCH 4, 2015 REVISION DESCRIPTION w 1— a 0 (v E CG �E _0 co 0 co Cts Q - 0_ co (17 c 2 (/) •L Q Q (n c (n — G) a)_ -L E U T 2 o N 4) C O N a) c c (7) c c w o co O -c 0- 4— (I) (I) U J 0 N CO O z J 03.04.2015 w 1- a 0 TURNBERRY CROSSING 2ND ADDITION LINO LAKES, MINNESOTA H Z w w 0 Q CZ Z ccs wa a L 0 N PREPARED FOR: HOKANSON CONSTRUCTION SITE PLANNING & ENGINEERING PLOWS ENGINEERING, INC. 6776 LAKE DRIVE SUITE 110 LINO LAKES, MN 55014 PHONE: (651) 361-8210 FAX: (651) 361-8701 NORTH 0 15 30 1 INCH = 30 FEET C2 STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6B Diane Hankee, City Engineer May 11,2015 Consider Resolution No. 15-48 Order Project, Approving the Plans & Specifications, Authorizing the Ad for Bid, 2015 Mill and Overlay Project 3/5 Vote Required Staff is requesting Council order project, approve of plans and specifications and authorizing advertisement for bids for the 2015 Mill and Overlay Project. BACKGROUND In accordance with the City's Pavement Management Policy, streets are analyzed and projects selected annual. This program provides critical maintenance of the City's roadway system. The 2015 project includes the West Oaks, Otter Bay and Otter Lake Hills neighborhoods along with Bald Eagle Lake Boulevard and County Road J. A full depth reclamation and mill and overlay will be completed as detailed in the attachment. Rolled bituminous curb will be replaced and existing drainage patterns maintained. A neighborhood meeting was held on April 28, 2014 to review the level of project, scope, and construction expectations. There were residents concerned about the expiration of their septic systems and commented that the City should extend utilities. They noted that Hugo and White Bear Township have been doing so. Attached is the meeting presentation. The project plans in specifications have been prepared and are on file at the City. The maintenance budget for 2015 is $514,500. Due to project savings on previous pavement management programs the 2015 project is encompassing a larger area than we typically are able to complete. We have an overall project budget of $850,000 and will award the project alternates based on the budget. The alternates are detailed in the attachment. The schedule for this project is as follows: City Council Authorizes Plans and Specifications Neighborhood Meeting City Council Approves Plans and Specifications City Council Authorizes Ad for Bids City Open Bids City Council Awards Contract Construction Begins February 23, 2015 April 28, 2015 May 11,2015 May 11, 2015 June 10, 2015 June 22, 2015 June 29, 2015 Final Completion August 28, 2015 The project web site is linked to the City's web site: http://www.wsbeng. com/2015-mill--and--overlay-improvements---lino-lakes-mn RECOMMENDATION Staff recommends adoption of Resolution No. 15-48 Order Project, Approving the Plans & Specifications, Authorizing the Ad for Bid, 2015 Mill and Overlay Project. ATTACHMENTS 1. Resolution No. 15-48 2. Project Detail Map 3. Project Alternate Map 4. Neighborhood Meeting Presentation CITY OF LINO LAKES RESOLUTION NO. 15-48 RESOLUTION ORDER PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2015 MILL AND OVERLAY PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the 2015 Mill and Overlay Project and has presented such plans and specifications to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Such plans and specifications, a copy of which is on file at City Hall, are hereby approved. The City Engineer is directed to advertise for bids, provide construction observation, and close out the project once it is complete. The City clerk shall prepare and cause to be inserted in the official paper and in Finance and Commerce an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened at the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on June 22, 2015, in the Council chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Council of the City of Lino Lakes this 11 day of May, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Reclaim Bitumionus Pavement with Class 5 Blended In Mill & Overlay (Full Depth) Reclaim Bituminous Pavement (Full Depth) Reclaim Bituminous Pavement, Excavate 6", Install 6" of Reclaim Bituminous and Class 5 Blended Together CIT :.,.. OF LNOL. KES 2015 Mill and Overlay Project 1 inch = 800 feet 0 800 1,600 Feet W�E Yiiiii CIT LI-NOL t,KES 2015 Mill and Overlay Project 1 inch = 800 feet 0 800 1,600 Feet W�E 2015 Mill and Overlay Project Neighborhood Meeting April 28, 2015 Meeting Format Introductions Sign in sheet Presentation Q and A Comments Project Web Site Set up mid May — Linked to City's site Contacts Layouts Schedules Presentation City's Pavement Management Program Proposed Improvements ** Construction Impacts Schedule Project Funding Inquiries for Utilities Pavement Management Plan Goals/Objectives Address pavement degredation Manageable timeframe for completing the improvements Financially feasible Evaluate impacts on long-term maintenance operations Pavement Ratings • Pavement ratings on a 4 year cycle • Forensic report with maintenance recommendation • Recommended roadway treatments O Crack Fill O Seal Coat • Mill and Overlay ** Full Depth Reclaim • Reconstruction Other Pavement Management Plan Process Prioritize Projects based on: Pavement ratings Traffic volumes Maintenance costs Determine Funding Sources Present to the Public and City Council r: I 1 Y RNOL KLS Mill & Overlay Pavement Management Plan (HM9 PIMP Year 2015 201 2017 2018 2019 2020 F 11 2021 J. .1F.IT 30311603 OR ,oR�AN .y FY% c1NTUR4 PALOMINO 01 PONY CT P1NE ST OLIVE -ST'- - ORANGE ST MAPLE ST ANMALL STS RG W EVERGREEN O F � c a OG RL m 310 ST 10 _BY LN pNoo� VICKY<2 z c7§ w� ,RtNSTW i 6e SHERWOOD 3 R CARL ST LN G - L}�TROMAS ST e q &NLAC ST BRADLEY ST 74TH ST MARVY ST FntRISMOKETREE .ION T 9RLN 11 JAMES ST KELE, 5TBS,' LOG LI 82N9 ST E 77TH ST E RENBENSST SOUR LN FAB ioNAY RD E HUN -CFAs 7� E QRST LN CEDAR sT CEDARST£ RE0OAK ST W VELE DR VERSON CT 65TM 01IERRV LN EA 12317.1 CIA pt�NILN LIN0AAVE �l NE R9 0.,71 TE P` W000141O041 RAVENS CT BOXAVIOLN ARROA;HE EvAYORN R0 Sado ST MOLITORO3 65TH ST E aaTH ST 6200 ST N Crack Fill / Seal Coat Pavement Management Plan (PMP) PMP Year 2016 2017 2018 2019 2020 2021 Crack Fill lyr. before seal coat N A 0 3,200 WSB Feet dE Azgookrier, Gc. K:402009-9204GISLt/aps1CracaFr0.5eal40ar.mxd Dale. 11001015 Proposed Improvements si Reclaimation and Mill and Overlay County Road J — Mill and Overlay Remainder project area - Reclaimation Replace existing bituminous curb and gutter Maintain existing drainage patterns Where existing is 30' wide - proposed 28' wide Reclaim Bitumionus Pavement with Class 5 Blended In Reclaim Bituminous Pavement (Full Depth) Reclaim Bituminous Pavement, Excavate 6, Install 6" of Reclaim Bituminous and Class 5 Blended Together 2015 Mill and Overlay Project 1 inch = 800 feet 0 800 1,600 Feet WE Construction Impacts Emergency Vehicle Access Parking Driveway access Mail service Garbage Roadway conditions Event coordination Schedule Approve Plans/Authorize Bids May 11, 2015 Award Bids June 22, 2015 Construction June—September 2015 Substantial Completion -paving September 2015 Final Completion—clean up/restoration Spring 2016 Project Funding Project Construction Budget $750,000 City's annual PMP funds — NO assessments Municipal utility extension is NOT included - requires a petition and would include assessments. Typically with a reconstruction project. 2015 ill and Overlay Project 1 inch = BC feet 1 '+f:() Feet Questions? CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala MEETING DATE: May 11, 2015 TOPIC: i. Consider Resolution No. 15-52, Approving the Development and Submittal of an Application to the Legislative Citizen Commission on Minnesota Resources (LCCMR) for the Funding of Integrated Water Management Plans for Local Government Units. ii. Consider Resolution No. 15-53, Authorizing Feasibility Study for Development of a Stormwater Reuse and Irrigation System. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve a LCCMR grant submittal to develop an Integrated Water Management Plan and authorize a feasibility study for the development of a stormwater reuse and irrigation system. BACKGROUND Over the past three years management of both surface water and groundwater resources have received increased awareness both locally and regionally. Lino Lakes is included in the North and East Metro Groundwater Management District established by the Department of Natural Resources. The City is currently completing the NE Lino Lakes Drainage study covering a 1,400 acre area. Council members recently attended the Water Summit hosted by the City of Hugo discussing the White Bear Lake/DNR settlement agreement. Internally, staff has been discussing with WSB, city engineer, opportunities for improving the efficient use of both surface water and groundwater resources. At this time staff is requesting council consideration of two proposals submitted by WSB to address water conservation, water reuse, and surface water management concerns. Integrated Water Management Plan WSB and Associates have prepared a proposal to apply for funding through the Legislative - Citizen Commission on Minnesota Resources (LCCMR) to develop an Integrated Water Management Plan (IWM). The cities of Hugo and Rosemount are also included in this request. The IWM would serve as a comprehensive document for water supply alternatives, water reuse planning, funding and implementation in the City. The results of the research would be used to inform design and policy decisions for future development. There is no cost to the city for the initial application. WSB is provided an estimated fee of $7,400 if the application receives preliminary approval for development of a detailed work plan. The grant application will request approximately $150,000 for each community. The submittal deadline is May 11, 2015 for 2016 funding. Mattamy Development Stormwater Reuse and Irrigation System The NE Lino Lakes Drainage study currently in progress identifies water reuse as a potential best management practice within the drainage area to offset limited infiltration ability. Recent successful projects including the Oneka Ridge golf course irrigation conversion has led to increased awareness of the opportunities for using stormwater for irrigation purposes. This idea has the ability to address both stormwater management requirements and address water conservation goals. Mattamy Homes is anticipating submittal of a development application in 2015. While no city approvals have been granted, the project, regardless of its final form, will require large areas of stormwater ponding and contain a significant amount of open space and public park land. Irrigation and seasonal non-domestic use accounts for an estimated 1/3 of the city's annual residential water use. Accordingly staff is interested in evaluating the opportunity to establish a stormwater irrigation system to serve the entire property. The ability to establish a system like this would help to meet stormwater volume and water quality requirements while reducing groundwater pumping demands. The study would evaluate water demand, stormwater availability, irrigation quantities, reduction in potable water use and provide preliminary design schematics for a system. It would also investigate funding alternatives and ordinance/policy revisions. The overall study would provide a framework to evaluate and implement this approach to new development city wide. WSB is proposing to complete the study for an estimated fee of $13,400. Both studies are proposed to be funded from the City's Trunk Utility Area and Unit fund. RECOMMENDATION Staff is recommending approval of Resolution No. 15-52 and 15-53. ATTACHMENTS 1. Resolution No. 15-52 2. Integrated Water Management Plan Proposal 3. Resolution No. 15-53 4. Stormwater Reuse and Irrigation System Study Proposal CITY OF LINO LAKES RESOLUTION NO. 15-52 A RESOLUTION APPROVING THE DEVELOPMENT AND SUBMITTAL OF AN APPLICATION TO THE LEGISLATIVE -CITIZEN COMMISSION ON MINNESOTA RESOURCES (LCCMR) FOR THE FUNDING OF INTEGRATED WATER MANAGEMENT PLANS FOR LOCAL GOVERNMENT UNITS WHEREAS, the City of Lino Lakes is a municipal corporation organized under the laws of the State of Minnesota; and WHEREAS, the application shall request funds from the Environmental and Natural Resources Trust fund through the LCCMR; and WHEREAS, the application shall request funds to be allocated towards the research and implementation of Integrated Water Management Plans; and WHEREAS, the application shall request funds for an Integrated Water Management Plan specific to the City of Lino Lakes; and WHEREAS, the City Council considered the application development and submittal at their regular meeting on May 11, 2015. NOW, THEREFORE, BE IT RESOLVED by The City Council of the City of Lino Lakes hereby authorizes submittal to the LCCMR application for funding towards the development of an Integrated Water Management Plan for consideration. Adopted by the Council of the City of Lino Lakes this 11th day of May, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk WSB & Associates, Inc. engineering • planning • environmental • construction April 29, 2015 Mr. Michael Grochala 600 Town Center Parkway Lino Lakes, MN 55104 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Re: Integrated Water Management Plan Legislative -Citizens Commission on Minnesota Resources Grant Proposal for the City of Lino Lakes, MN Dear Mr. Grochala: We are submitting for your review the following proposed scope of services to apply for funding through the Legislative -Citizen Commission on Minnesota Resources (LCCMR) to develop an Integrated Water Management (IWM) Plan for the City of Lino Lakes alongside the Cities of Hugo and Rosemount. IWM creates policy and implementation links between drinking water, surface water, groundwater, stormwater, and wastewater to develop water programs that meet local and regional sustainability goals. IWM Plans address the increase in aquifer demands while encouraging economic growth using a sustainable water supply. Having an IWM Plan allows for consistent public communication, provides regulatory guidance, and will continue to make the City of Lino Lakes a leader in water management. LCCMR Summary The LCCMR is composed of seventeen individuals appointed by the Senate, the House of Representatives, and the Governor. The main function of the LCCMR is to make recommendations to the legislature for the allocation of the Environment and Natural Resources Trust Fund (ENRTF) on an annual basis. The ENRTF provides funding for activities that protect and conserve Minnesota's natural resources. The ENRTF was established in 1991, and has since then provided $425 million in funding for environmental projects. LCCMR grants provide financial support for large environmental initiatives and do not require cost-sharing. The grants are awarded based on LCCMR funding priorities, extent of impacts, and innovation. Water resources are the second of seven priorities for 2016 funding. Money from the ENRTF for the 2016 funding can be used beginning July 1, 2016. LCCMR Grant Framework The intent of the LCCMR is to provide innovation opportunities for any project that is likely to have multiple benefits on natural resources or the environment in the State of Minnesota. As such, if all Cities are in agreement, we are proposing to submit one LCCMR proposal for the three cities: Lino Lakes, Rosemount, and Hugo. The application will request specific funding Equal Opportunity Employer wsbeng.com C:\Users\diane.hankee\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\ER8AAUDX\042915 LTR LCCMR Application Michael Grochala April 29, 2015 Page 2 amounts for the IWM Plans for each City, as well as an additional funding amount to be used towards commonalities and general IWM Plan research that will be used in each City -specific IWM Plan. The application will specify a specific dollar amount to be allocated towards each City's plan. WSB believes that applying for one grant increases the size and scope of the project and expands its research application; therefore, improving the chances of funding through the LCCMR. By combining efforts, it will demonstrate to the LCCMR that this topic is relevant for local units of government and important topic for the current political climate at the State Capital. It will also describe the urgency for cities to be proactive and involved with water policy and implementation practices in the State. LCCMR Grant Process and Schedule The submission deadline for 2016 funding is due May 11, 2015. During the summer of 2015, all proposals are reviewed, evaluated, and ranked by the LCCMR. In September, the LCCMR selects an unspecified number of top ranked proposals to give presentations. The commission selects a subset of proposals to recommend to the legislature for funding. The selection is based on funding priorities and total funding availability. Between November and January 2015, the projects that have been recommended for funding submit work plans to the LCCMR and undergo peer review. From January to May 2016, the LCCMR presents its recommendations to the legislature as an appropriation bill, the bill is acted upon by the State House and Senate, and the Governor signs the bill into law. Money from the ENRTF can be used beginning July 1, 2016. Anticipated IWM Plan The City of Lino Lakes' IWM Plan will serve as a comprehensive document for water supply alternatives, water reuse planning, funding, and implementation in the City. The Plan will develop an overall water balance for the City and will examine local, regional, and national rules and their effects on Lino Lakes' water supply and reuse systems. The City of Lino Lakes' IWM Plan will include an evaluation and analysis of the water initiatives that Lino Lakes is currently planning The following anticipated analyses of Lino Lakes' water supply and reuse will be conducted: Mattamy Homes community: o Evaluation of water reuse systems currently in place during funding timeframe (potable water use reduction, costs, effect on surface water levels) o Study of planned water reuse expansion (feasibility, effects) Implementation plans for new water reuse systems throughout the City Evaluation of groundwater recharge Development of a 4th utility for irrigation Quantify water supply system infrastructure benefits by implementing water reuse Rate analysis for both water supply system and irrigation system Lino Lakes will be able to use the results of the research conducted to inform design and policy decisions for future development. The City's IWM Plan, along with Hugo and Rosemount's Plans, will become an example for other communities within the State of Minnesota. The LCCMR will identify this as an overall benefit to the State's resources and therefore, we believe CAUsers thane.hankeeWppData\Local\Microsoft\Wmdows\Temporary Internet Files \Content.Outlook\ERBAAUDX\042915 LTR LCCMR Application Proposal Michael Grochala April 29, 2015 Page 3 the probability of funding will increase. Lino Lakes will benefit from the City of Rosemount's and the City of Hugo's IWM plan development as each City has differing factors to be considered with water supply and water reuse implementation. The City of Rosemount, for instance, will also be looking at both industrial and wastewater treated effluent water reuse. This will supplement the work that Lino Lakes has previously completed to ensure that all types of water reuse are considered with in the City. WSB Services and Fee The proposed services (schedule and detailed fee attached) include all work required for grant writing, application, submittal, and work plan development (if selected). WSB's services include LCCMR presentation, discussions with supporting Representatives, and meetings required to move the application through the Commission and the Legislature. If all three Cities are included in the LCCMR grant application, the total estimated fee is $7,400 for each community. The efforts of this application process will be shared between the communities as the beneficiaries of the proposed grant. It is anticipated that the grant application will include approximately $150,000 for each community depending on the scope of work desired in each community's IWM Plan. WSB believes this is an exciting opportunity for these communities and it will be an important effort for these communities to be leaders of innovative water supply, reuse, and policy in the State. By the Cities joining into this cooperative project for efforts they are planning to pursue individually, they will be able to benefit and realize a cost savings during the grant application process and during the plan development from overlapping efforts. We appreciate the opportunity to be of service to you. Please feel free to contact me if you have questions or concerns regarding this scope of work. Sincerely, WSB & Associate , Inc. /#& Todd Hubmer, PE Principal Cc: Diane Hankee, City Engineer kkp 1)4141d mie Wallerstedt, PE Project Manager wu7au**.a� CAUsers thane.hankeeWppData\Local\MicrosofPWindows\Temporary Internet Files \Content.Outlook\ERSAAUDX\042915 LTR LCCMR Application Proposal CITY OF LINO LAKES RESOLUTION NO. 15-53 AUTHORIZING FEASIBILITY STUDY FOR DEVELOPMENT OF A WATER REUSE/IRRIGATION SYSTEM WHEREAS, Mattamy Homes is proposing to develop a 360 acre residential development in the City of Lino Lakes; and WHEREAS, the City finds that reuse of stormwater may provide a benefit to the public by reducing demand for potable water, improving water quality and reduce stormwater runoff volumes; and WHEREAS, the City is interested in determining the feasibility of developing a stormwater reuse and irrigation system; and WHEREAS, WSB & Associates, has submitted a proposal to perform such services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That staff is authorized to enter into an agreement with WSB & Associates to prepare a feasibility study for development of a water reuse/irrigation system the amount of $13,400. Adopted by the Council of the City of Lino Lakes this 11th day of May, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk WSB & Associates, Inc. engineering • planning • environmental • construction April 29, 2015 Mr. Michael Grochala Community Development Director 600 Town Center Parkway Lino Lakes, MN 55104 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Re: Proposal and Fee Estimate for Professional Engineering Services Mattamy Homes Development Stormwater Reuse and Irrigation System Feasibility Study City of Lino Lakes, MN Dear Mr. Grochala: WSB & Associates, Inc. (WSB) is pleased to present this proposal to the City of Lino Lakes (City) to provide professional engineering services for developing a feasibility study (Study) for stormwater irrigation at the Mattamy Homes development. The Mattamy Homes development is located north of County Road 14 between 20th Avenue North and Interstate -35E. The City hopes that irrigation in the development can be entirely achieved using stormwater withdrawal from the development's retention ponds. The development's system is unique in that individual homes will connect directly to the irrigation system and each residential home will retain control over the irrigation system. To ensure this goal is achievable, the proposed Study conducted by WSB will include the following tasks specific to the Mattamy Homes Development: 1. Water balance model including estimated irrigation quantities, anticipated potable water usage reduction, anticipated pond water volumes/levels, and estimate stormwater runoff based on historical rainfall; 2. Preliminary design schematics for the irrigation system including filtration, pumps, and piping; 3. Cost estimate and funding alternatives for system; and 4. Preliminary ordinance review to identify possible policy revisions for irrigation system controls/ownership. WSB's project scope and proposed work plan as presented is based on our understanding of the project, discussions with City Staff, and experience on similar projects. The following are the major tasks that will be performed in preparing the City's stormwater reuse and irrigation system feasibility study. Equal Opportunity Employer wsbeng.com CAUsers\diane.kankee\AppData\Local\Microsoft\Windows \Temporary Internet Files \Content.Outlook\ERBAAUDX\042915 LTR PROP - Lino Lakes.di Mr. Michael Grochala April 29, 2015 Page 2 Task 1: Project Management and Coordination Project management is a key task included in each project undertaken by WSB. This task consists of management and administration, project coordination, and overall communication with the City. Proper completion of this task will help keep all affected parties routinely updated and informed regarding project issues, as well as keep the project on schedule and within budget. The proposed work plan will include one meeting with the City prior to finalizing the Study to discuss results. Task 2: Water Balance Development Task 2.1: WSB will develop a model to predict the annual stormwater available for irrigation. The model will take into consideration historical precipitation, drainage area, pond size, evaporation, and irrigation demand. The model will estimate volume reduction credits, if desired, generated by the project. WSB will work directly with the developer to obtain the necessary grading and preliminary plat information necessary for this task. Task 2.2: A technical memorandum will be submitted with the model results. The memorandum will summarize methods used during model creation, assumptions made, and implications for irrigation design. Task 3: Preliminary System Design Task 3.1: The number of required pumping zones will be estimated based on flow and pressure requirements. Upon this determination, the zones will be delineated and mapped. Task 3.2: The irrigation networks for each pumping zone will be proposed and drawn on a schematic. The networks will minimize cost and ensure landowners can attach individual irrigation systems to the network. Task 4: Cost Estimates and Funding Alternatives Task 4.1: The total project costs for project implementation will be estimated and submitted in a spreadsheet. The estimate will consist of a per unit flat fee for water users and will consider the results of the water balance and potable water requirements in rate determination. Task 4.2: A cost recovery spreadsheet will be developed to assist City planning, including installation and maintenance. Grant opportunities will be considered as alternatives. Task 5: Preliminary Ordinance Review and Proposed Policy Revisions Task 5.1: The City's existing ordinances will be reviewed to evaluate if policy revisions will be necessary to implement a water reuse and irrigation utility. Task 5.2: If deemed necessary, policy revisions will be recommended in the final feasibility report. This task does not include fees associated with the ordinance revisions; however, that service can be provided in requested under a separate scope of work. CAUsers thane.hankeeWppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\ERSAAUDX\042915 LTR PROP - Lino Lakes.docx Mr. Michael Grochala April 29, 2015 Page 3 Task 6: Final Feasibility Report Preparation Task 6.1: WSB will prepare a draft feasibility report for and submit for City review. WSB will incorporate any comments provided by the City into the final report preparation. Task 6.2: WSB will prepare the final feasibility report incorporating any comments provided by the City on the draft report. WSB can present the findings at a City Council meeting if desired. Estimated Fee WSB will complete the proposed work plan as proposed herein on an hourly basis with an estimated fee of $13,400. The hourly breakdown by task for each employee class proposed for the project is included on the attached spreadsheet. The proposed fee is based on our 2015 rate schedule. Schedule WSB will complete the feasibility study within 2 months of receipt of a written authorization. This represents our total understanding of the project and proposed scope of services. If you are in agreement with the scope of services, please sign the bottom of this letter and return a copy to WSB. Our receipt of an executed copy will be WSB's authorization to proceed. Should the City request additional services outside of the above scope of services, we will work with you to establish a revised scope and fee. Please contact me at your convenience at 651-286-8457 if you have any questions or concerns related to this proposal as presented. We appreciate the opportunity to assist you and your staff with the completion of this project. Sincerely, WSB & Associates, Inc. ie Wallerstedt, PE Project Manager Attachments cc: Diane Hankee, WSB & Associates, Inc. kkp Accepted by City of Lino Lakes By Title Date CAUsers thane.hankeeWppData\Local\Microsoft\Wmdows\Temporary Internet Files \Content.Outlook\ERSAAUDX\042915 LTR PROP - Lino Lakes.docx CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: May 11, 2015 TOPIC: Resolution No. 15-54, Accepting Donation of Land VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting consideration of Resolution No. 15-54 accepting a donation of land from George Reiling Family. BACKGROUND The City has been contacted by the estate of George Reiling regarding the donation of land adjacent to Rice Lake and Hodgson Road. The property is approximately 3.17 acres in size and comprised mostly of wetlands adjacent to the Lake. The property has a current market value of $22,000. The property is not buildable but has some public value as lake buffer, stormwater and floodplain mitigation purposes as well as potential trail right-of-way. The city would be responsible for payment of the 2015 property taxes in the amount of $868. These are proposed to be paid for from the Surface Water Management Fund. RECOMMENDATION Staff recommends approval of Resolution No. 15-54. ATTACHMENTS 1. Resolution No. 15-54 2. Parcel Location Map CITY OF LINO LAKES RESOLUTION NO. 15-54 ACCEPTING DONATION OF CERTAIN REAL PROPERTY GEORGE REILING WHEREAS, the George Reiling Estate owns certain real property within the City of Lino Lakes legally described as THAT PRT OF GOVT LOT 2 & OF GOVT LOT 4 SEC 30 TWP 31 RGE 22 DESC AS FOL: COM AT NW COR OF SD GOVT LOT 2, TH N 90 DEG E ALG N LINE OF SD GOVT LOT 2 817.09 FT, TH S 44 DEG 17 MIN E 677.23 FT TO POB, THN 44 DEG 17 MIN W 677.23 FT, TH N 90 DEG E 505.11 FT TO NE COR OF SD GOVT LOT 2, TH N 47 DEG E TO SHORE OF RICE LAKE, TH SELY ALG SHORE OF RICE LAKE TO A PT N 45 DEG 43 MIN E OF POB, THS 45 DEG 43MIN W TO POB, EX RD, SUBJ TO EASE OF REC ; and WHERAS, the Estate is interested in donating the 3.17 acre parcel to the City of Lino Lakes; and WHEREAS, acceptance of the property is in the best interest of the City for protection of Rice Lake, stormwater management and floodplain mitigation purposes NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the City hereby accepts the donation of land. Adopted by the Council of the City of Lino Lakes this 11th day of May, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: and the following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk e, *74 A®aial Phefice Flew" Spnng of 2014