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HomeMy WebLinkAboutCC PACKET 01232024CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, January 23, 2024 at 7:00PM Join Meeting via Zoom There is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order. Pledge Of Allegiance. Roll Call. Approval Of Agenda. Proclamations And Recognitions. Consent Agenda. Approval Of CC Meeting Minutes CC 01 -09 -2024.PDF License And Permits LICENSEANDPERMITS.PDF Claims 01 -23 -24.PDF Appointing Student Liaisons To The 2024 Environmental & Park Commission And The 2024 Planning Commission COVER MEMO STUDENT LIAISON APPOINTMENTS.PDF Resolution 24 -012 - 2024 Street Improvement Bond Reimbursement RESOLUTION 24 -012.PDF Public Hearing. Reports From Commission And Staff. General Business Of Council. Resolution 24 -013 - Approving Beer/Wine Liquor License For La Villita At 2510 Kenzie Terrace Charlie Yunker, City Manager , presenting. Applicant: Maria Rosalia Omna Ramirez present COVER MEMO.PDF RESOLUTION 24 -013.PDF Resolution 24 -014 - Approving An Amendment To The Salo Park Maintenance Agreement And Third Supplement With Doran SLV III, LLC And SAVP III, Silver Lake Village, LLC Charlie Yunker, City Manager, presenting. COVER MEMO.PDF CORRECTION TO AR EASEMENT MANAGEMENT MAINTENANCE AGREEMENT V2.PDF THIRD SUPPLEMENT TO RESTATED STORMWATER DECLARATION.PDF RESOLUTION 24 -014.PDF 2024 Snow Plowing Operations Zach Lundberg, Public Works Superintendent, presenting. PRESENTATION.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I. II. III. IV. V. VI. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: VII. VIII. IX. A. Documents: B. Documents: C. Documents: X. XI. XII. A. Documents: XIII. *HRA Meeting immediately following Council Meeting. 1 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, January 23, 2024 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 01 -09 -2024.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims01-23 -24.PDFAppointing Student Liaisons To The 2024 Environmental & Park Commission And The 2024 Planning Commission COVER MEMO STUDENT LIAISON APPOINTMENTS.PDF Resolution 24 -012 - 2024 Street Improvement Bond Reimbursement RESOLUTION 24 -012.PDF Public Hearing. Reports From Commission And Staff. General Business Of Council. Resolution 24 -013 - Approving Beer/Wine Liquor License For La Villita At 2510 Kenzie Terrace Charlie Yunker, City Manager , presenting. Applicant: Maria Rosalia Omna Ramirez present COVER MEMO.PDF RESOLUTION 24 -013.PDF Resolution 24 -014 - Approving An Amendment To The Salo Park Maintenance Agreement And Third Supplement With Doran SLV III, LLC And SAVP III, Silver Lake Village, LLC Charlie Yunker, City Manager, presenting. COVER MEMO.PDF CORRECTION TO AR EASEMENT MANAGEMENT MAINTENANCE AGREEMENT V2.PDF THIRD SUPPLEMENT TO RESTATED STORMWATER DECLARATION.PDF RESOLUTION 24 -014.PDF 2024 Snow Plowing Operations Zach Lundberg, Public Works Superintendent, presenting. PRESENTATION.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents: E. Documents: VII. VIII. IX. A. Documents: B. Documents: C. Documents: X. XI. XII. A. Documents: XIII. 2 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, January 23, 2024 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 01 -09 -2024.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims01-23 -24.PDFAppointing Student Liaisons To The 2024 Environmental & Park Commission And The 2024 Planning CommissionCOVER MEMO STUDENT LIAISON APPOINTMENTS.PDFResolution 24 -012 - 2024 Street Improvement Bond ReimbursementRESOLUTION 24 -012.PDFPublic Hearing.Reports From Commission And Staff.General Business Of Council.Resolution 24 -013 - Approving Beer/Wine Liquor License For La Villita At 2510 Kenzie TerraceCharlie Yunker, City Manager , presenting.Applicant: Maria Rosalia Omna Ramirez presentCOVER MEMO.PDFRESOLUTION 24 -013.PDFResolution 24 -014 - Approving An Amendment To The Salo Park Maintenance Agreement And Third Supplement With Doran SLV III, LLC And SAVP III, Silver Lake Village, LLCCharlie Yunker, City Manager, presenting.COVER MEMO.PDFCORRECTION TO AR EASEMENT MANAGEMENT MAINTENANCE AGREEMENT V2.PDFTHIRD SUPPLEMENT TO RESTATED STORMWATER DECLARATION.PDFRESOLUTION 24 -014.PDF2024 Snow Plowing OperationsZach Lundberg, Public Works Superintendent, presenting.PRESENTATION.PDFReports From City Manager And Council Members.Community ForumIndividuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:VII.VIII.IX.A.Documents:B.Documents:C.Documents:X.XI. XII. A. Documents: XIII. 3 THIS PAGE LEFT INTENTIONALLY BLANK 4 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JANUARY 9, 2024 4 5 CALL TO ORDER. 6 7 Mayor Webster called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Webster invited the Council and audience to join in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Webster, Councilmembers Doolan, Jenson, and Randle. 16 17 Absent:None 18 19 Also Present:City Manager Charlie Yunker, City Planner Steve Grittman, and President and CEO 20 NYFS Angela Lewis-Dmello, 21 22 23 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 24 ITEMS. 25 I.26 APPROVAL OF JANUARY 9, 2024 CITY COUNCIL MEETING AGENDA. 27 28 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the City 29 Council Meeting Agenda of January 9, 2024 as presented. 30 31 Motion carried 4-0. 32 33 II.PROCLAMATIONS AND RECOGNITION. 34 A.35 Swearing in of Mayor and Councilmembers. 36 37 Councilmember Jenson administered the Oath of Office for Wendy Webster as Mayor of the 38 City of St. Anthony Village. 39 40 Councilmember Jenson administered the Oath of Office for Lona Doolan as Councilmember of 41 the City of St. Anthony Village. 42 43 Councilmember Jenson administered the Oath of Office for Thomas Randle as Councilmember 44 of the City of St. Anthony Village. 45 B.46 Students in Government Presentations. 47 48 Two students from the November Students in Government program shared their experiences 49 while participating in the program. They toured the water treatment plant, the fire department, 50 5 City Council Regular Meeting Minutes January 9, 2024 Page 2 1 and the police department. They had lunch and did a city planning activity. There was also a 2 mock council meeting held. They thanked the City. 3 4 Councilmember Jenson stated he attended the program and he saw a lot of enthusiasm and 5 excitment from the students. He thanked everyone that attended. 6 7 Councilmember Doolan asked the students if they would be interested in being a student liaison 8 to one of the Commissions. 9 10 Councilmember Randle thanked Bonnie Brever for the program and hoped it would continue for 11 years to come. 12 13 Mayor Webster stated the posters that were created and noted they will hang in City Hall. 14 15 III.CONSENT AGENDA. 16 A.17 Approval of December 12, 2023 City Council Meeting Minutes. B.18 Licenses and Permits. C.19 Claims. D.20 Resolution 24-001 – Designating Steven P. Carlson, Attorney at Law, as the Prosecuting 21 Attorney for the City of St. Anthony Village for 2024. E.22 Resolution 24-002 – Designating Councilmember Jenson as Mayor Pro Tem for the 2024 23 Calendar Year. F.24 Resolution 24-003 – Designating US Bank N.A. of St. Anthony Village, as the Official 25 Depository for City Funds for the 2024 Calendar Year. G.26 Resolution 24-004 – Authorizing the Mayor, City Manager and Finance Director to Make 27 Certain Transactions Regarding City Financial Accounts for the 2024 Calendar Year. H.28 Resolution 24-005 – Designating the Star Tribune as the Legal Newspaper for the City of 29 St. Anthony Village for the 2024 Calendar Year. I.30 Resolution 24-006 – Adopting the Elected Officials Out of State Travel Policy for 2024. J.31 Resolution 24-007 – Accepting Grants and Donations Received. K.32 Resolution 24-008 – Declaring a Vacancy in the City Council and Calling for a Special 33 Election. 34 35 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve the Consent 36 Agenda items. 37 38 Motion carried 4-0. 39 40 IV.PUBLIC HEARING – NONE. 41 42 V.REPORTS FROM COMMISSION AND STAFF. 43 A.44 Resolution 24-009 – Approving a Request for a Conditional Use Permit for An Adult 45 Daycare Facility in the LI, Light Industrial District. 46 6 City Council Regular Meeting Minutes January 9, 2024 Page 3 1 City Planner Grittman reviewed Council is requested to consider a Conditional Use Permit for an 2 Adult Daycare facility at 2924 Anthony Lane, subject to the following conditions: 1.3 Issues related to building, fire and other related city codes shall be subject to comment and 4 recommendation by applicable staff. 2.5 The applicant receives, and provides to the City, the required licensing from the State of 6 Minnesota and provides evidence of such licensing throughout occupancy in the space. 3.7 The CUP is provided for the requested site only. Changes in location, size, operation, or 8 other aspects of the facility will require a new CUP application. As proposed, the capacity of 9 the facility would be 100 clients. 10 11 Mr. Grittman stated the Applicants (Serenity Home Health Care – Ganz Enterprises LLC Owner) 12 are seeking approval of a Conditional Use Permit to remodel and occupy a portion of an existing 13 shopping center space at the above address. The site is zoned LI, Light Industrial, and is 14 surrounded by other Industrial parcels and business tenants along Anthony Lane. 15 16 The proposed use would be as a commercial Adult Daycare facility, listed as a Conditional Use 17 in the LI District. The applicants note that the use supports adults with disabilities and special 18 needs from the surrounding areas. The applicant has stated that the use would operate during 19 daytime and weekday hours (primarily 9:00 a.m. to 3:00 p.m.), with most all of the clients 20 arriving via automobiles operated by the facility’s employees. Vans may eventually be added to 21 support the employee automobile transportation. 22 23 The space is an existing building with attendant parking and circulation space. The building’s 24 exterior would not be modified, and only internal remodeling to accommodate the proposed use 25 would be necessary. Employee parking would be available in the parking lot southwest of the 26 building (to the front). The applicants indicate a capacity of 100 adults being served, with an 27 employee ratio of 10 clients to 1 employee, resulting in a staff capacity of approximately 10 28 employees. The current parking lot capacity can accommodate more than 50 passenger vehicles. 29 30 The Planning Commission reviewed this proposal during a public hearing at its regular meeting 31 on December 19, 2023. The applicant was present to answer questions. No members of the 32 public were present, nor did any provide comments for the public hearing. The Commission 33 discussed the proposal, the staff report and recommendations and voted unanimously to 34 recommend approval of the CUP with the three conditions offered by staff. Drawings of the 35 location and interior plan were provided for Council review. 36 37 Councilmember Randle stated there was a similar facility that came before Council a year ago. 38 Mr. Grittman stated this is a different operator. 39 40 Councilmember Jenson stated he does not see any problems with approving this request. 41 42 Mayor Webster thanked Mr. Grittman for the outline and specifying the three conditions. 43 44 Councilmember Doolan asked if they have applied for a State License and Mr. Grittman stated 45 they have applied and have been asked to provide a copy of the license to the City. 46 7 City Council Regular Meeting Minutes January 9, 2024 Page 4 1 The owner of the center was present and stated they have a center now in Oakdale which they 2 have outgrown. They feel this would be a perfect location for their business. 3 4 Motion by Councilmember Doolan, seconded by Councilmember Jenson, to approve Resolution 5 24-009 – Approving a Request for a Conditional Use Permit for An Adult Daycare Facility in the 6 LI, Light Industrial District with the conditions noted. 7 8 Motion carried 4-0. 9 10 VI.GENERAL BUSINESS OF COUNCIL. 11 A.12 Resolution 24-010 – Approving the 2024 Agreements with Northeast Youth and Family 13 Services (NYFS) 14 15 Ms. Angela Lewis-Dmello, President and CEO of NYFS reviewed a Power Point presentation. 16 The mission of NYFS is Transforming lives by ensuring access to care that nurtures healing, 17 cultivates community, and inspires hope. She stated the Community driven nonprofit was 18 founded in 1976, has clinic locations in Shoreview and White Bear Lake. They support youth 19 and the whole family and provide trauma-informed and culturally responsive care. They focus on 20 ensuring access and reducing financial, linguistic, cultural and logistical barriers to care through 21 a sliding fee scale serving clients that are uninsured, underinsured and of low income. 22 23 NYFS has longstanding partnerships with 16 municipalities, 5 law enforcement agencies, 4 24 school districts and the Ramsey County Attorney’s Office and Sheriff’s Department. The NYFS 25 board is comprised mainly of City Council Members from municipal partners. Councilmember 26 Jenson serves on the Board. 27 28 Ms. Lewis-Dmello continued reviewing the NYFS Vision and Values. She reviewed the 29 Strategic Plan Launched FY 2023-2026. Charts showing the FY 2022-FY23 Statistics of Clients 30 showing the five programs including Diversion, School Based, Clinic Based, Community 31 Advocate and Day Treatment. There were 11,630 total appointments with the Top 3 diagnoses 32 treated being generalized anxiety disorder, major depressive disorder and post traumatic stress 33 disorder. 34 35 A slide showing the NYFS Fiscal Picture for FY 2022-2023 was shown. The Mental Health 36 Programs and Community Service Programs were reviewed. Ms. Lewis-Dmello noted 2023 was 37 a year of stabilizing, refreshing and growing. The Future Steps for the next 12 months were also 38 reviewed. More information can be found at www.nyfs.org. 39 40 Mayor Webster thanked Ms. Lewis-Dmello for her in-depth presentation and for leading the 41 organization. She also thanked Councilmember Jenson for serving on the Board. 42 43 Councilmember Jenson stated the presentation was very accurate. He enjoys serving on the 44 Board of Directors for NYFS. Ms. Lewis-Dmello has done an incredible job. 45 8 City Council Regular Meeting Minutes January 9, 2024 Page 5 1 Councilmember Doolan stated she appreciates there is a goal action plan. She asked if the 2 amount St. Anthony pays is a rate basis. This is a separate contract from the one with the School 3 District. 4 5 Mayor Webster stated this is a great investment for the City for what NYFS provides in support. 6 7 Motion by Councilmember Jenson, seconded by Councilmember Doolan, to approve Resolution 8 24-010 – Approving the 2024 Agreements with Northeast Youth and Family Services (NYFS). 9 10 Mayor Webster read the proclamation in full. 11 12 Motion carried 4-0. 13 B.14 Resolution 24-011 – Appointing Andrea Stephens as an Interim Councilmember on the 15 St. Anthony Village City Council. 16 17 Mayor Webster reviewed during the November 7, 2023 Municipal Election, Councilmember 18 Webster obtained the greatest number of votes for the office of Mayor and assumed her new role 19 on January 2, 2024. Councilmember Webster’s remaining term will be greater than two years 20 and therefore the City will conduct a special election on August 13, 2024. The Council wishes to 21 appoint an interim councilmember to serve from January 2024 until a new councilmember is 22 elected in August 2024. 23 24 On Wednesday, January 3, 2024, Mayor Webster and Councilmembers Jenson, Randle, and 25 Doolan interviewed all four of the applicants. 26 27 Mayor Webster read some of the information Ms. Stephens provided during her interview. 28 29 Councilmember Doolan stated she was very impressed with Ms. Stephen’s community service 30 work. 31 32 Councilmember Jenson stated he was impressed with the list of her community involvement. He 33 looks forward to working with her. 34 35 Councilmember Randle stated she is very impressive and will be a welcomed addition to the 36 Council. 37 38 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve Resolution 39 24-011 – Appointing Andrea Stephens as an Interim Councilmember on the St. Anthony Village 40 Council. 41 42 Motion carried 4-0. 43 C.44 Swearing in of New Interim Councilmember. 45 9 City Council Regular Meeting Minutes January 9, 2024 Page 6 1 Councilmember Jenson administered the Oath of Office for Andrea Stephens as Councilmember 2 of the City of St. Anthony Village. 3 4 Councilmember Stephens joined the Council at the dais. 5 6 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 7 8 City Manager Yunker welcomed Chris Carroll as a new employee to the City Finance 9 Department. 10 11 Councilmember Doolan stated on January 3, she participated in the interview of City Council 12 applicants. She has been working with Commissioner Lily Fee to do the annual Water Poster 13 Contest presentations. 14 15 Councilmember Jenson stated he participated in the interview process. 16 17 Councilmember Randle stated he attended the interview process. 18 19 Councilmember Stephens stated she is honored and looks forward to doing the best job for the 20 City. 21 22 Mayor Webster stated she met with Congresswoman Omar on December 18, 2023 and learned 23 more about how her office can support St. Anthony. She met with Councilmember Jenson about 24 strengthening the onboarding process for Councilmembers. On December 27, 2023 she met with 25 the Mayors from Columbia Heights and Golden Valley. She had several meetings with City 26 Manager Charlie Yunker. On January 8, she attended the Regional Council of Mayors Meeting 27 in Minneapolis. On January 8 she had a meeting with Commissioner Fernando. 28 29 VIII.COMMUNITY FORUM - NONE. 30 31 No one appeared to address the Council. 32 33 IX.INFORMATION AND ANNOUNCEMENTS. 34 35 Councilmember Doolan stated February is Plastic Waste Challenge Month and she encouraged 36 everyone to join in. Hennepin County is holding a friendly competition. 37 38 X. ADJOURNMENT. 39 40 Motion by Councilmember Jenson, seconded by Councilmember Doolan, to adjourn the meeting 41 at 8:00 p.m. 42 43 Motion carried 5-0. 44 Respectfully submitted, 45 Debbie Wolfe 46 TimeSaver Off Site Secretarial, Inc. 10 City Council Regular Meeting Minutes January 9, 2024 Page 7 1 2 Mayor 3 ATTEST: 4 City Clerk 11 THIS PAGE LEFT INTENTIONALLY BLANK 12 Saint Anthony Village DATE: January 23, 2024 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Mechanical Contractors Licenses 7 Metro Heating & Air Conditioning, Ham Lake, MN Steve’s Heating & Service Inc. East Bethel, MN Twin City Heating Air & Electric Blaine, MN General Contractors Licenses: Signminds Inc. Minneapolis, MN 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 1/5/2024 - 1/23/2024 Jan 19, 2024 08:26AM Vendor Number Payee Check Issue Date Amount 11809 CITY OF ST. ANTHONY SUNSHINE FUND 01/05/2024 108.00 11792 INTERNATIONAL UNION LOCAL #49 01/05/2024 420.00 11793 LAW ENFORCEMENT LABOR SERVICES 01/05/2024 1,269.00 10002 LOCAL UNION IAFF #3486 01/05/2024 400.08 10710 MISSION SQUARE 01/05/2024 1,240.00 11808 SAPD ASSOCIATION 01/05/2024 690.00 10029 ADVANCED GRAPHIX, INC.01/23/2024 4,532.50 10039 AIRGAS USA LLC 01/23/2024 124.67 1122 AM CRAFTS SPIRITS 01/23/2024 122.40 13346 AMERICAN PUMP COMPANY 01/23/2024 795.45 1100 ARTISIAN BEER COMPANY 01/23/2024 5,936.26 12180 ARVIG CONSTRUCTION 01/23/2024 352.50 10116 ASPEN WASTE SYSTEMS INC 01/23/2024 240.00 10149 BATTERIES PLUS 01/23/2024 31.90 10159 BEISSWENGER'S 01/23/2024 10.58 1013 BELLBOY CORPORATION 01/23/2024 3,831.36 1014 BELLBOY CORPORATION 01/23/2024 373.64 8544 BOURGET IMPORTS 01/23/2024 408.00 1018 BREAKTHRU BEVERAGE MN BEER 01/23/2024 28,433.73 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 01/23/2024 3,709.10 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 01/23/2024 2,797.45 13044 CAPITAL ONE TRADE CREDIT 01/23/2024 338.12 1017 CAPITOL BEVERAGE SALES 01/23/2024 17,367.51 10252 CENTERPOINT ENERGY 01/23/2024 6,960.22 10263 CENTURYLINK 01/23/2024 821.66 13238 CITY OF EDEN PRAIRIE 01/23/2024 5,924.00 12320 COMO LUBE AND SUPPLIES 01/23/2024 60.00 1042 CRYSTAL SPRINGS ICE 01/23/2024 321.11 2049 Dangerous Man Brewing Co.01/23/2024 1,440.00 10432 DORSEY & WHITNEY 01/23/2024 4,244.48 12606 DVS RENEWAL 01/23/2024 16.25 13118 ENVIRONMENTAL WOOD SUPPLY LLC 01/23/2024 350.00 2036 FALLING KNIFE BREWING CO 01/23/2024 622.00 10526 FLEETPRIDE 01/23/2024 109.60 11866 GALLS 01/23/2024 9.99 12353 GARY CARLSON EQUIPMENT COMPANY 01/23/2024 5.25 10624 HAWKINS INC 01/23/2024 50.00 2024 HEADFLYER BREWING 01/23/2024 1,110.00 10661 HENNEPIN COUNTY TREASURER 01/23/2024 5,170.15 10681 HIRSHFIELD'S INC 01/23/2024 309.38 1019 HOHENSTEIN'S INC 01/23/2024 8,272.60 10684 HOME DEPOT CREDIT SERVICES 01/23/2024 1,398.80 2044 INSIGHT BREWING COMPANY 01/23/2024 1,811.24 13052 JEFF BELZER'S ROSEVILLE 01/23/2024 130.54 1004 JOHNSON BROTHERS LIQUOR COMPANY 01/23/2024 6,236.90 1005 JOHNSON BROTHERS LIQUOR COMPANY 01/23/2024 3,571.90 1006 JOHNSON BROTHERS LIQUOR COMPANY 01/23/2024 7,045.48 1044 JOHNSON BROTHERS LIQUOR COMPANY 01/23/2024 33,546.10 10797 KONICA MINOLTA BUSINESS 01/23/2024 270.28 10831 LEAGUE OF MINNESOTA CITIES 01/23/2024 350.00 12894 LEAST SERVICE COUNSELING LLC 01/23/2024 180.00 2045 LIBATION PROJECT 01/23/2024 101.96 10833 LMCIT % BERKLEY RISK (WC &PREM)01/23/2024 650.03 15 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 1/5/2024 - 1/23/2024 Jan 19, 2024 08:26AM Vendor Number Payee Check Issue Date Amount 2029 MEGA BEER 01/23/2024 627.00 10916 MENARDS LUMBER 01/23/2024 112.34 10922 METRO CITIES 01/23/2024 3,867.00 13241 METRO INET 01/23/2024 87.00 10113 MGX EQUIPMENT SERVICES LLC 01/23/2024 1,222.87 10939 MIDWAY FORD 01/23/2024 47.63 12940 MINNEHAHA BLDG MAINTENANCE 01/23/2024 76.95 11029 MINNESOTA DEPT NATURAL RESOURCES-OMB 01/23/2024 4,452.68 13162 MNSPECT LLC 01/23/2024 106,990.25 2006 MODIST BREWING COMPANY 01/23/2024 1,046.00 11085 MURPHY'S SERVICE CENTER 01/23/2024 17.25 11089 NAPA AUTO PARTS 01/23/2024 29.99 1051 NEW FRANCE WINE COMPANY 01/23/2024 1,290.00 11944 NORTHEAST YOUTH & FAMILY SERVICES 01/23/2024 35,912.24 13210 ODP BUSINESS SOLUTIONS LLC 01/23/2024 192.68 13247 OECS 01/23/2024 950.00 11164 OFFICE OF THE SECRETARY STATE 01/23/2024 240.00 1066 OLD WORLD CANNING COMPANY 01/23/2024 897.00 12779 OPTION ONE MECHANICAL LLC 01/23/2024 3,983.00 12112 OREILLY AUTO PARTS 01/23/2024 18.80 1012 PAUSTIS & SONS 01/23/2024 1,556.50 1001 PHILLIPS WINE & SPIRITS 01/23/2024 5,259.76 1002 PHILLIPS WINE & SPIRITS 01/23/2024 2,545.19 11302 RAMSEY COUNTY 01/23/2024 10,194.90 11304 RAMSEY COUNTY CHIEFS OF 01/23/2024 400.00 1062 RED BULL DISTRIBUTION COMPANY 01/23/2024 192.33 12732 ROSE CITY SIGN INC 01/23/2024 26,615.50 2047 RUE 38 LLC 01/23/2024 156.50 13240 SITEONE LANDSCAPE SUPPLY LLC 01/23/2024 43.04 2018 SMALL LOT WINES 01/23/2024 373.04 1024 SOUTHERN GLAZER'S OF MN 01/23/2024 2,695.82 1008 SOUTHERN GLAZER'S OF MN 01/23/2024 2,211.23 1026 SOUTHERN GLAZER'S OF MN 01/23/2024 6,523.45 12760 SSI MN TRANCHE 1 LLC 10322006 01/23/2024 277.73 11485 STATE OF MINNESOTA DEPARTMENT 01/23/2024 225.00 12123 SUMMIT COMPANIES 01/23/2024 2,134.00 13347 SUSA TREASURER 01/23/2024 125.00 13150 T MOBILE USA INC 01/23/2024 25.00 11566 TIMESAVER OFF SITE SECRETARIAL 01/23/2024 399.38 11586 TRACY PRINTING 01/23/2024 88.00 12083 TUCKER, QUINTEN 01/23/2024 125.00 11626 U.S. BANK (PURCHASING CARD)01/23/2024 4,178.43 12776 USS MINNESOTA ONE MT LLC 01/23/2024 1,242.11 11674 VERIZON WIRELESS 01/23/2024 50.05 11681 VIKING ELECTRIC SUPPLY INC 01/23/2024 552.24 1025 VINOCOPIA 01/23/2024 947.01 1034 WINE COMPANY THE 01/23/2024 1,616.00 1038 WINE MERCHANTS INC 01/23/2024 473.00 1032 WINEBOW 01/23/2024 420.37 11729 WIRELESS WORLD 01/23/2024 70.69 11704 WM CORPORATE SERVICES INC 01/23/2024 1,296.31 11798 CENTRAL PENSION FUND LOCAL #49 01/19/2024 3,840.00 10710 MISSION SQUARE 01/19/2024 1,290.00 16 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 1/5/2024 - 1/23/2024 Jan 19, 2024 08:26AM Vendor Number Payee Check Issue Date Amount 11813 NCPERS GROUP LIFE INSURANCE 01/19/2024 16.00 Grand Totals: 404,841.43 17 THIS PAGE LEFT INTENTIONALLY BLANK 18 REQUEST FOR COUNCIL CONSIDERATION To:Saint Anthony Village City Council From:Charlie Yunker, City Manager Date:January 23, 2024 City Council Meeting Motion:Appointing Student Liaisons to Commissions OVERVIEW: The New Brighton-St. Anthony School District is in its sixth year of the Youth in Leadership program that places youth on a variety of civic organization boards. As part of our identified goal to foster and encourage civic engagement, we have added youth as non-voting members to both our Planning, and Parks & Environmental Commissions. This opportunity gives the youth the experience of serving on an appointed board, learning about issues tasked to the Planning, and Parks & Environmental Commissions, developing leadership skills while building their resume. The city benefits by hearing from youth regarding city issues during discussion at the meetings. The term of their appointments will be September 2023 through July 2024 or later. Staff recommends appointing Addie Aman as the Student Liaison to the Parks & Environmental Commission for 2023-2024 and Henry Kling as the Student Liaison to the Planning Commission for 2023-2024. 19 THIS PAGE LEFT INTENTIONALLY BLANK 20 CITY OF SAINT ANTHONY STATE OF MINNESOTA RESOLUTION 24-012 A RESOLUTION FOR THE 2024 STREET IMPROVEMENT BOND REIMBURSEMENT BE IT RESOLVED by the City Council of the City of St. Anthony (the “City”), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of obligations, all or a portion of the proceeds of which are to be used to reimburse the City for expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing no later than 60 days after payment of such expenditure, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within eighteen months of the payment of the expenditure or, if longer, within eighteen months of the date the project is placed in service, but in no event more than three years after the date the original expenditure was paid and that the expenditure must either be a capital expenditure, or a cost of issuance of the obligation. 2. Official Intent Declaration. The City desires to comply with requirements of the Regulations with respect to the 2024 Street & Utility Project (the Project) in order to preserve the option of the City to finance the costs of the Project with tax-exempt obligations. The total cost of the Project is approximately $3,000,000 exclusive of financing costs and capitalized interest, and the City intends to finance a portion of the costs of the Project from proceeds of a borrowing. The maximum amount of debt to be issued for the Project is $3,000,000. The City reasonably expects to reimburse all or a portion of the expenditures made for costs of the Project out of the proceeds of an obligation, as defined in the Regulations, and the expenditures made for costs of the Project to be reimbursed will be of a type that is properly chargeable to capital account (or would be so chargeable with a proper election such as an election under Section 266 of the Code) under general federal income tax principles. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of a borrowing. This resolution, therefore, is determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 21 2 Adopted this 23rd day of January, 2024. _______________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Reviewed for administration: ______________________________ Charlie Yunker, City Manager 22 REQUEST FOR COUNCIL CONSIDERATION To:Saint Anthony Village City Council From:Charlie Yunker, City Manager Date:January 23, 2024 City Council Meeting Resolution:Resolution 24-013 Approving the Beer/Wine Liquor License for La Villita at 2510 Kenzie Terrace OVERVIEW In front of you this evening is a resolution to approve a Beer/Wine Liquor License for La Villita at 2510 Kenzie Terrace. (Catrina’s old site.) The license provides for the sale of beer and wine at the restaurant. RECOMMENDATION Staff has completed background checks, and staff is recommending approving the Beer/Wine Liquor License. Attachment: Resolution 24-013 23 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-013 A RESOLUTION APPROVING BEER/WINE LIQUOR LICENSE FOR LA VILLITA AT 2510 KENZIE TERRACE. WHEREAS,the applicant’s filed a completed application for a Beer/Wine Liquor License for 2510 Kenzie Terrace on January 9, 2024; and WHEREAS, the new applicant, La Villita, will provide food and beverage service at La Villita restaurant and anticipate opening as soon as possible; and WHEREAS, Staff recommends approval of a 3.2 On Sale Malt Liquor License for La Villata at 2510 Kenzie Terrace. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint Anthony Village hereby approves a 3.2 On Sale Malt Liquor License for La Villita located at 2510 Kenzie Terrace. Adopted this 23rd day January, 2024. ____________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Reviewed for administration:____________________________ Charlie Yunker, City Manager 24 MEMORANDUM TO:Mayor and City Council CC:Charlie Yunker, City Manager FROM:Jay R. Lindgren, City Attorney DATE:18 January 2024 RE:Consent to Amendment of Silver Lake Village Stormwater Maintenance Agreement The area in the City known as Silver Lake Village was formerly the site of the Apache Plaza. Beginning in 2004,redevelopment commenced and new parcels were created for the development that exists now.As part of that redevelopment,two stormwater ponds and corresponding infrastructure (the “Ponds”)were created.One is in Salo Park to the South of 39th Avenue and one is directly North of 39th.The property owners share the maintenance costs of the Ponds.The property owners’rights and obligations are governed by a Stormwater Maintenance Agreement (“Stormwater Agreement”)that allocates the maintenance costs of the Ponds among the owners of the approximately 16 lots that are benefitted by the system. Those owners wish to formally add an additional owner to share in the benefits and the costs of the system.The additional property is the Stinson Apartments located at 3725 Stinson Boulevard.The City is not a party to the Stormwater Agreement or this amendment,but has the right to consent to the addition of any properties. Salo Park was also developed nearly 20 years ago as part of the Silver Lake Village development.Salo Park was created through a public-private partnership where the developer built the park and was primarily responsible for maintenance of the Park,including the Ponds.At that time,there was a single owner of all the buildings in the shopping center portion of Silver Lake Village.That owner paid for and maintained most of Salo Park and was responsible for maintaining the Ponds (with reimbursement by the other property owners connected to the Ponds).Over time,portions of the shopping center became owned by different owners and allocating maintenance costs became more difficult.In 2021,the Council approved a modified system where the City provides most maintenance for Salo Park and for the Ponds.The City is reimbursed by the relevant property owners for those services.This was done to create an efficient,single method to provide maintenance and because the City determined there could be better control over the quality of the maintenance.A specific agreement is in place among property owners to pay for these Salo Park and Pond maintenance costs. That background information is provided because,at this point,the City’s primary interest is to make certain all the property owners reimburse for the maintenance.The amendment being requested today only deals with maintenance costs related to the Ponds.No part of the maintenance program is being changed at this point.Rather,the owner of the Stinson Apartments will now be formally required to pay a portion of the maintenance costs for the Ponds. 25 2 In conclusion,the City has the right to approve changes to the Stormwater Agreement for two primary reasons:(1)So that the City is aware of the continued participation of all owners and (2)because this agreement provides a revenue source to the City for the Pond maintenance services provided by the City.So,it is in the City’s best interest to have all property owners using the stormwater system part of the Stormwater Agreement. I recommend that the City should sign the Consent and Acknowledgment because it is in the City’s best interest to have all users of the stormwater system paying their proportionate share. 26 1 Following Recording, Please Return Copy to: Doran SLV III, LLC c/o Doran Management, LLC 6423 City West Parkway Eden Prairie, MN 55344 CORRECTION TO AMENDED AND RESTATED EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT THIS CORRECTION TO AMENDED AND RESTATED EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT (this “Correction”) is entered into this _____ day of _______, 2023, by and among Doran SLV III, LLC, a Minnesota limited liability company (together with its successors and assigns “Salo Park Owner”); SVAP III Silver Lake Apache Park, LLC, a Delaware limited liability company (together with its successors and assigns “Apache Park Owner”); SVAP III Silver Lake Village, LLC, a Delaware limited liability company (together with its successors and assigns “Shopping Center Owner”); and The City of Saint Anthony Village, Minnesota, a Minnesota statutory city (together with its successors and assigns, the “City”). WHEREAS, Salo Park Owner, Apache Park Owner, Shopping Center Owner, and the City are the current Parties to that certain Amended and Restated Easement, Management and Maintenance Agreement dated February 1, 2022 and recorded in the Office of the County Recorder in and for Ramsey County, Minnesota on February 28, 2022 as Document Number A04935737 (the “Agreement”); WHEREAS, capitalized terms used but not otherwise defined herein shall have the respective meanings set forth in the Agreement; WHEREAS, as of the date first written above, Salo Park Owner owns the Salo Park Property legally described on Exhibit A attached hereto; WHEREAS, as of the date first written above, Apache Park Owner owns the Apache Park Property legally described on Exhibit B attached hereto; WHEREAS, as of the date first written above, Shopping Center Owner owns the Shopping Center legally described on Exhibit C attached hereto; and WHEREAS, the Agreement inadvertently attributed certain obligations and rights under the Stormwater Agreement to Apache Park Owner in lieu of Shopping Center Owner, and the Parties wish to correct the same and to otherwise conform certain terms of the Agreement to those set forth in the Stormwater Agreement, all as more particularly set forth in this Correction. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 27 2 1.Recitals. The Parties acknowledge that the foregoing recitals are true and correct and that such recitals are incorporated herein by this reference as if restated in full herein. 2.Correction of Scrivener’s Errors. Each reference to “Apache Park Owner” in Sections 3(b), 3(c), 3(d), 4(a), and 4(c) of the Agreement is hereby deleted and replaced with “Shopping Center Owner”. This Section 2 of this Correction shall be made effective as of February 1, 2022. 3.Maintenance Party. Notwithstanding anything in the Agreement or this Correction to the contrary, if Shopping Center Owner assigns its rights and obligations under the Stormwater Agreement pursuant to an “Assignment of Maintenance Obligations” (as such term is defined in the Stormwater Agreement), then, from and after the effective date of such assignment, the references to “Shopping Center Owner” in Sections 3(b), 3(c), 3(d), 4(a), and 4(c) of the Agreement (as corrected by Section 2 of this Correction above) shall be deemed to mean and refer to the then-current “Maintenance Party” (as such term is defined in the Stormwater Agreement) under the Stormwater Agreement. 4.Miscellaneous. Except as otherwise set forth in this Correction, all of the terms and provisions of the Agreement shall remain in full force and effect. This Correction is binding on the Parties and their successors and assigns. 5.Counterparts. This Correction may be executed in counterparts, and any executed counterpart shall be deemed an executed original and all such counterparts shall constitute one agreement for all purposes. [Signature pages follow] 28 3 SIGNATURE PAGE TO CORRECTION TO AMENDED AND RESTATED EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT CITY OF SAINT ANTHONY VILLAGE, MINNESOTA a Minnesota statutory city By: Its Mayor By: Its City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2023 by ______________ and __________________, the Mayor and City Clerk, respectively, of the City of Saint Anthony Village, Minnesota, a Minnesota statutory city, on behalf of the city. Notary Public 29 4 SIGNATURE PAGE TO CORRECTION TO AMENDED AND RESTATED EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT APACHE PARK OWNER: SVAP III SILVER LAKE APACHE PARK, LLC, a Delaware limited liability company By:Sterling Value Add Investments III, LLC, a Delaware limited liability company Its:Sole Member By:SVAP III GP, LLC, a Delaware limited liability company Its: Manager By: Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH ) ) ) ss. The foregoing instrument was acknowledged before me by means of c physical presence or c online notarization, this ____ day of ___________, 2023, by , as of SVAP III GP, LLC, a Delaware limited liability company, the Manager of Sterling Value Add Investments III, LLC, a Delaware limited liability company, which in turn is the sole Member of SVAP III Silver Lake Apache Park, LLC, a Delaware limited liability company, on behalf of such entities, and such person c is personally known to me or c has produced a _____________________ as identification. ________________________________________________ Notary Public 30 5 SIGNATURE PAGE TO CORRECTION TO AMENDED AND RESTATED EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT SHOPPING CENTER OWNER: SVAP III SILVER LAKE VILLAGE, LLC, a Delaware limited liability company By:Sterling Value Add Investments III, LLC, a Delaware limited liability company Its:Sole Member By:SVAP III GP, LLC, a Delaware limited liability company Its: Manager By: Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH ) ) ) ss. The foregoing instrument was acknowledged before me by means of c physical presence or c online notarization, this ____ day of ___________, 2023, by , as of SVAP III GP, LLC, a Delaware limited liability company, the Manager of Sterling Value Add Investments III, LLC, a Delaware limited liability company, which in turn is the sole Member of SVAP III Silver Lake Village, LLC, a Delaware limited liability company, on behalf of such entities, and such person c is personally known to me or c has produced a _____________________ as identification.. ________________________________________________ Notary Public 31 6 SIGNATURE PAGE TO CORRECTION TO AMENDED AND RESTATED EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT SALO PARK OWNER: DORAN SLV III, LLC, a Minnesota limited liability company By: Name: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ) ss. The foregoing instrument was acknowledged before me this ____ day of ___________, 2023, by Kelly J. Doran, the Chief Manager of Doran SLV III, LLC, a Minnesota limited liability company, on behalf of said limited liability company. ________________________________________________ Notary Public 32 7 ACKNOWLEDGMENT AND CONSENT RGA REINSURANCE COMPANY, as the holder of a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated March 10, 2020, filed with the Ramsey County Recorder’s Office on March 18, 2020, as Document No. A04802691 encumbering Lot 1, Block 1, and Lot 3, Block 2, Silver Lake Village; Lots 1 and 2, Block 1, Silver Lake Village 2nd Addition; Lots 1 and 6, Block 1, and Outlot B, Silver Lake Center, and Lot 3, Block 1, Silver Lake Center; Outlot A, Silver Lake Village and Outlot A, Silver Lake Center, Ramsey County, Minnesota, hereby consents and agrees to the foregoing Correction to Amended and Restated Easement, Management and Maintenance Agreement. RGA REINSURANCE COMPANY, a Missouri corporation By: Its: STATE OF MISSOURI ) ) SS COUNTY OF _________) The foregoing was acknowledged before me this ____ day of ______________, 2023, by ___________________, the _________________ of RGA Reinsurance Company, a Missouri corporation, on behalf of the corporation. Notary Public 33 8 EXHIBIT A LEGAL DESCRIPTION OF SALO PARK PROPERTY Outlot B, Silver Lake Village, according to the recorded plat thereof, Ramsey County, Minnesota. 34 9 EXHIBIT B LEGAL DESCRIPTION OF APACHE PARK PROPERTY Outlot A, Silver Lake Village according to the recorded plat thereof, and Outlot A, Silver Lake Center according to the recorded plat thereof, Ramsey County, Minnesota 35 10 EXHIBIT C LEGAL DESCRIPTION OF SHOPPING CENTER Lot 1, Block 1 and Lot 3, Block 2, Silver Lake Village, according to the recorded plat thereof, Ramsey County, Minnesota. Lots 1 and 2, Block 1, Silver Lake Village 2nd Addition, according to the recorded plat thereof, Ramsey County, Minnesota. Lots 1 and 6, Block 1 and Outlot B, Silver Lake Center, according to the recorded plat thereof, Ramsey County, Minnesota. Lot 3, Block 1, Silver Lake Center, according to the recorded plat thereof, Ramsey County, Minnesota. 36 1987484.v5 1 THIRD SUPPLEMENT TO AMENDED AND RESTATED STORMWATER MAINTENANCE AND EASEMENT AGREEMENT THIS THIRD SUPPLEMENT TO AMENDED AND RESTATED STORMWATER MAINTENANCE AND EASEMENT AGREEMENT (the "Agreement") is made as of this __ day of __________, 2023, by and between SVAP III SILVER LAKE VILLAGE, LLC, a Delaware limited liability company ("Silver Lake Village"), SVAP III SILVER LAKE APACHE PARK, LLC, a Delaware limited liability company (“Silver Lake Apache”), SVAP III SILVER LAKE OP, LLC, a Delaware limited liability company (“Silver Lake OP”), DORAN SLV II, LLC, a Minnesota limited liability company (“Doran II”), DORAN ST. ANTHONY, LLC, a Minnesota limited liability company (“Doran St. Anthony”) and DORAN SLV III, LLC, a Minnesota limited liability company (“Doran III,” and collectively, with Doran II and Doran St. Anthony, “Doran Owners”), ST. ANTHONY LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP, a Minnesota limited partnership ("Leased Housing"), and STINSON APARTMENTS LLC, a Minnesota limited liability company (“Stinson”). Silver Lake Village, Silver Lake Apache, Silver Lake OP, Doran Owners, Leased Housing and Stinson are sometimes collectively referred to herein, as the “Parties.” RECITALS: WHEREAS, Silver Lake Village is the fee owner of certain real property located in the City of St. Anthony, County of Ramsey, Minnesota and legally described as Lot 1, Block 1, and Lot 3, Block 2, Silver Lake Village; Lots 1 and 2, Block 1, Silver Lake Village 2nd Addition; Lots 1 and 6, Block 1, Silver Lake Center and Outlot B, Silver Lake Center (“Center Outlot B”), and Lot 3, Block 1, Silver Lake Center (collectively, the "Silver Lake Village Property "); and WHEREAS, Silver Lake Apache is the fee owner of certain real property located in the City of St. Anthony, County of Ramsey, Minnesota and legally described as Outlot A, Silver Lake Village and Outlot A, Silver Lake Center (the “Silver Lake Apache Property”); and WHEREAS, Silver Lake OP is the fee owner of certain real property located in the City of St. Anthony, County of Ramsey, Minnesota, and legally described as Lot 5, Block 1, Silver Lake Center (the “Silver Lake OP Property”); and WHEREAS, Doran III is the fee owner of certain real property located in the City of St. Anthony, County of Ramsey, Minnesota, legally described as Outlot B, Silver Lake Village (the "Doran Property" and, together with the Silver Lake Apache Property and Center Outlot B (the “Outlots”); and WHEREAS, Doran II is the fee owner of certain real property located in the City of St. Anthony, County of Ramsey, Minnesota, legally described as Lot 2, Block 1, Silver Lake Village 3rd Addition, and Doran St. Anthony is the fee owner of certain real property located in the City of St. Anthony, County of Ramsey, and legally described as Lot 1, Block 1, Silver Lake Village 3rd Addition, which real properties were formerly described (on a combined and consolidated basis) as Lot 2, Block 1, Silver Lake Village; and WHEREAS, Leased Housing is the fee owner of certain real property in the City of St. Anthony, County of Ramsey, Minnesota and legally described as Lot 3, Block 1, Silver Lake Village, Ramsey County, Minnesota (the "Leased Housing Property"); and WHEREAS, Stinson is the fee owner of certain real property in the City of St. Anthony, County of Ramsey, Minnesota and legally described as Lot 8, Block 1, Apache Plaza and the North 70 fee of Lot 1, Block 1, Pillsbury Addition (the “Stinson Property”); and 37 1987484.v5 2 WHEREAS, the City of Saint Anthony (“City”) and Ste. Marie Company, St. Anthony's predecessor in interest, entered into that certain "Corrective" Stormwater Maintenance and Easement Agreement dated as of May 6, 1996, filed July 21, 1997 with the Ramsey County Recorder's Office as Document No. 3003211, as subsequently amended and restated pursuant to an Amended and Restated Stormwater Maintenance and Easement Agreement dated April 30, 2004, recorded August 26, 2004, as Document No. 3786716, as amended by the First Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement dated October 19, 2004, recorded October 20, 2004, as Document No. 3801284, the Second Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement dated April 13, 2005, recorded on May 26, 2006 as Document No. 3951512, and as affected by the Assignment and Assumption Agreement dated February 24, 2012, recorded February 29, 2012 as Document No. 4322217 (collectively, the "Amended Stormwater Maintenance Agreement") benefiting the Silver Lake Village Property and certain other adjacent properties and burdening the Outlots and other land with easements, covenants, conditions and restrictions; and WHEREAS, pursuant to Section 5 of the Amended Stormwater Maintenance Agreement, any additional party granted the right for a nonexclusive drainage easement into the Outlots shall be required to execute any and all documents reasonably necessary, including a supplement to the Amended Stormwater Maintenance Agreement to set forth its agreement to pay its proportionate share of the Common Expenses (as defined in the Amended Stormwater Maintenance Agreement) and such party shall thereafter promptly pay any and all invoices for such Common Expenses pursuant to the terms of the Amended Stormwater Maintenance Agreement; and WHEREAS, Section 9 of the Amended Stormwater Maintenance Agreement provides that it may be amended by an instrument signed by the Owners of the majority of the "Lots" included in the "Property" (as those terms are defined in the Amended Stormwater Maintenance Agreement), and approved by the City, and, so long as the City does not own the Outlots, the Owner of the Outlots; and WHEREAS, the Parties are the Owners of a majority of the Lots included in the Property, and Silver Lake Apache, Silver Lake Village and Doran III are the Owners of the Outlots; and WHEREAS, the Parties wish to memorialize their agreement herein with respect to supplementing the Amended Stormwater Maintenance Agreement to include Stinson as an "Owner” and the Stinson Property as a part of the Property subject to and benefitted by the Amended Stormwater Maintenance Agreement and to allocate the cost proportionately to each of the parties for the Common Expenses, as more fully set forth and described below. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows: 1.All defined terms not expressly defined herein shall have the meanings ascribed to them in the Amended Stormwater Maintenance Agreement. 2.Doran III and Leased Housing grant to Stinson, for the benefit of Stinson and the Stinson Property, a perpetual, non-exclusive easement over, under and across the Leased Housing Property and the Doran Property for the connection to and use of storm water drainage facilities located on the Doran Property and Leased Housing Property, subject to the terms and conditions set forth in this Agreement. The Parties agree that, upon execution and recording of this Agreement, the 38 1987484.v5 3 Stinson Property shall be subject to all obligations, conditions, and benefits of the Amended Stormwater Maintenance Agreement, as amended by this Agreement and as it may be further amended at a future date. Concurrently with the execution of this Agreement, Silver Lake Village shall give notice of this Agreement and the joinder of Stinson as a party to the Amended Stormwater Maintenance Agreement to all of those parties to the Amended Stormwater Maintenance Agreement who are not Parties to this Agreement. 3.The Parties acknowledge and agree that Silver Lake Village, as owner of the Silver Lake Village Property, has succeeded to the rights and obligations of St. Anthony under the Amended Stormwater Maintenance Agreement, including, without limitation, the administration of the provisions of the Amended Stormwater Maintenance Agreement and the collection of Common Expenses. The Parties further acknowledge and agree that, pursuant to the terms of that certain Amended and Restated Easement, Management and Maintenance Agreement, dated as of February 1, 2022, and recorded on February 28, 2022, in the Office of the County Recorder, Ramsey County, Minnesota, as Document No. A04935737 (“Amended Easement and Maintenance Agreement”), Silver Lake Village has delegated certain of its maintenance obligations under the Amended Stormwater Maintenance Agreement to the City, and the Parties consent to the delegation of the such obligations and to any future delegation by Silver Lake Village of all or any portion of its remaining rights and obligations under the Amended Stormwater Maintenance Agreement to the City or to Doran III (or its affiliates). Nevertheless and notwithstanding any such delegation by Silver Lake Village, for so long as Silver Lake Village owns any portion of the Silver Lake Village Property, absent an express assignment executed by Silver Lake Village that makes specific reference to the Amended Stormwater Maintenance Agreement and is recorded in the Office of the County Recorder, Ramsey County, Minnesota (an “Assignment of Maintenance Obligations”), Silver Lake Village, as “Maintenance Party”, shall retain all of the rights and remedies granted under the Amended Stormwater Maintenance Agreement to permit enforcement of the provisions of the Amended Stormwater Maintenance Agreement against any and all of the Owners. Silver Lake Village may, in its sole and absolute discretion, make an Assignment of Maintenance Obligations at any time while Silver Lake Village owns any portion of the Silver Lake Village Property, so long as the assignee under the Assignment of Maintenance Obligations owns (or acquires) any portion of the Silver Lake Village Property as of the date of such Assignment of Maintenance Obligations, whereupon such assignee shall become the “Maintenance Party” for all purposes under the Amended Stormwater Maintenance Agreement, with all of the rights and remedies granted under the Amended Stormwater Maintenance Agreement to thereafter permit enforcement of the provisions of the Amended Stormwater Maintenance Agreement against any and all of the Owners. 4.The definition of “Common Expenses” set forth in Section 1.a. of the Amended Stormwater Maintenance Agreement is amended to include all real estate taxes and special assessments levied and assessed against the Outlots. 5.The definition of “Drainage Facilities” set forth in Section 1.b. of the Amended Stormwater Maintenance Agreement is amended to include all drainage lines, pipes, catch basins and other stormwater improvements and facilities located on, or to be constructed within, the Outlots. 6.The definition of “Outlot Improvements” set forth in Section 1.d. of the Amended Stormwater Maintenance Agreement is amended to include all Community Amenity Improvements, as defined in the Amended Easement and Maintenance Agreement. 7.Subject to the obligations of the City to perform the “Amenity Maintenance 39 1987484.v5 4 Obligations” at its sole cost and expense pursuant to the Amended Easement and Maintenance Agreement, Maintenance Party shall maintain or cause the Drainage Facilities and Outlot Improvements to be maintained in full compliance with applicable federal, state, and municipal laws, orders, rules, codes and regulations and in a condition otherwise consistent with a first-class, mixed use (with a luxury residential component) center located in the Twin Cities metropolitan area. All such costs so incurred by the Maintenance Party shall constitute Common Expenses. 8.Maintenance Party and the Owners of the Outlots (each an “Insured Owner”) shall each maintain or cause to be maintained in full force and effect (i) Commercial General Liability Insurance covering the Outlots with a combined single limit of liability of not less than Three Million Dollars ($3,000,000.00) for bodily injury to or personal injury or death of any person, and for property damage arising out of any one occurrence or in the aggregate; and (ii) pollution liability insurance covering the Outlots with a combined single limit of liability of not less than Five Million Dollars ($5,000,000.00); provided, however, that from time to time, these coverage limits may be raised or lowered in accordance with industry standard recommendations for comparable policies. Each Insured Owner shall be a named additional insured under each such policy on a primary/non- contributory basis with respect to losses for which any other Insured Owner is responsible hereunder. Each Insured Owner hereby covenants and agrees that it shall not self-insure for purposes of satisfying any insurance requirements imposed under this Agreement, but rather, each Insured Owner shall procure its required insurance coverages from one or more independent insurance companies satisfying the requirements of this Section 8. All insurance required by this Section 8 shall be procured from companies licensed in Minnesota and shall be rated by Best’s Insurance Reports not less than A-X (“Permitted Insurer”). All insurance may be provided under (i) an individual policy covering one or more of the Outlots, (ii) a blanket policy or policies which includes other liabilities, properties and locations of an Insured Owner; provided, however, that if such commercial general liability insurance policy or policies contain a general policy aggregate of less than $7,000,000, then such Insured Owner shall also maintain excess liability coverage necessary to establish a total liability insurance limit of $7,000,000, or (iii) a combination of any of the foregoing insurance programs. Each Insured Owner shall furnish to all other Insured Owners, no less frequently than once in each twelve (12) month period during the term of this Agreement, an ACORD (or comparable, if ACORD is no longer applicable) certificate of insurance (in form and substance reasonably acceptable to the recipient Party) evidencing such Insured Owner’s compliance with the requirements of this Section 8. Notwithstanding anything to the contrary set forth in this Agreement, each Insured Owner hereby waives any and all claims against the other Insured Owners for any claims, damages, causes of action, costs, expenses and losses (collectively, “Losses”), if and to the extent such Losses are insured against (or are required, under the terms of this Agreement, to be insured against), by the Insured Owner suffering any Losses, which waiver includes, but is not limited to, Losses, deductibles or self-insured retentions covered by each Insured Owner’s respective commercial property, business income/extra expense/rental value insurance, commercial general liability, business auto liability, workers’ compensation or employers’ liability policies. The risk to be borne by each Insured Owner shall also include the satisfaction of any deductible (or self-insured retention) amounts required to be paid under the applicable insurance carried by the Insured Owner incurring the Losses, and each of the Insured Owners hereto agrees that the other Insured Owners shall not be responsible for satisfaction of such deductible (or self-insured retention amount). The waivers set forth above in this Section 8 shall apply if the Losses in question would have been covered by a normal and customary "all risks” or “special form” property insurance policy, even if the Insured Owner suffering the Losses fails to maintain such coverage. If available through a Permitted Insurer, the respective insurance policies of each Insured Owner shall include a waiver of all rights of 40 1987484.v5 5 subrogation by the insurance carrier against the other Insured Owner and their respective agents and employees. EACH OF THE OWNERS OF THE PARCELS BENEFITTED OR BURDENED BY THIS AGREEMENT, FOR ITSELF AND ITS RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, AS TO EACH RESPECTIVE OWNER, AND INCLUSIVE OF THAT RESPECTIVE OWNER, “RELEASING PARTIES”), HEREBY RELEASES AND FOREVER DISCHARGES, WAIVES AND EXONERATES THE OTHER OWNERS AND THE RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS OF EACH SUCH OTHER OWNER (COLLECTIVELY, AS TO EACH RESPECTIVE OWNER, AND INCLUSIVE OF THAT RESPECTIVE OWNER, “RELEASEES”) FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, CAUSES OF ACTION AND DEMANDS AT LAW OR IN EQUITY, CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES (WHETHER KNOWN OR UNKNOWN AS OF THE DATE OF THIS AGREEMENT) THAT ANY OR ALL OF THE RELEASING PARTIES NOW HAS, OR MAY HAVE IN THE FUTURE, DIRECTLY ARISING OUT OF ANY MATTERS, OF ANY NATURE WHATSOEVER, UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS IN TORT OR CONTRACT, ALL CLAIMS UNDER A WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY) AND INCLUDING ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR GOOD AND WORKMANLIKE CONSTRUCTION AND WARRANTIES OF FITNESS FOR USE OR ACCEPTABILITY FOR THE PURPOSE INTENDED, ALL CLAIMS ARISING OUT OF OR RELATING TO THE STORMWATER IMPROVEMENTS LOCATED ON THE OUTLOTS BEING OPEN AND NOT FENCED OR OTHERWISE GUARDED AND ANY OTHER BASIS FOR RECOVERY OR REIMBURSEMENT (COLLECTIVELY, THE “RELEASED CLAIMS”). NOTWITHSTANDING ANY OF THE FOREGOING RELEASE LANGUAGE, HOWEVER, THE FOREGOING RELEASE SHALL NOT APPLY, IN ANY CIRCUMSTANCE OR UNDER ANY CONDITION TO ANY MATTERS, OF ANY NATURE WHATSOEVER, THAT ARISE OR ACCRUE, AND ARE SUFFERED OR INCURRED BY ANY OR ALL OF THE RELEASING PARTIES AS A RESULT OF, OR DUE TO, OR BECAUSE OF (I) THE BREACH OR DEFAULT, BY ANY RELEASEES, UNDER THE TERMS OF THIS AGREEMENT OR (II) ANY MALFEASANCE OR ANY NEGLIGENT OR WILLFUL ACTS OR OMISSIONS BY ANY OF THE RELEASEES. 9.No Owner benefited by the Amended Stormwater Maintenance Agreement, as amended hereby, shall intentionally alter the grade elevations on any portion of its respective Lot if such alteration would materially and adversely increase the flow of water into or onto any or the Outlots or otherwise materially and adversely affect the ownership, use and operation of any or all of the Outlots. 10.Exhibit A attached to the Amended Stormwater Maintenance Agreement shall be deleted in its entirety and replaced by Exhibit A attached hereto with the new proportionate allocations for Common Expenses for each Lot. 11.If Stinson or any other Owner of the Stinson Property requires any physical improvement (a “Stinson Drainage Improvement”) to be constructed on any portion of the Doran Property in order to facilitate or service its drainage requirements, mere surface drainage being 41 1987484.v5 6 excluded, Stinson or said Owner of the Stinson Property is required to comply with the terms of Exhibit B attached hereto and incorporated herein by reference. In the event that any future Stinson Drainage Improvement will involve or affect, in any way, any of the Outlots (other than, or in addition to, the Doran Property), then Stinson’s obligations under Exhibit “B” shall extend to the benefit of the owner(s) of such other Outlots, as well as Doran III. In connection with any Stinson Drainage Improvement, Stinson shall be required to procure the consent of the Owner(s) of the Outlot(s) that will be affected or impacted by the then-applicable Stinson Drainage Improvement; such consent shall be given or withheld in the sole, but reasonable, discretion of the party from which it is sought. 12.Promptly upon the sale, conveyance or transfer of all or any portion of any parcel comprising a portion of the Property (a “Transferred Parcel”), the Owner of the Transferred Parcel shall provide written notice of such sale, conveyance or transfer to the current Maintenance Party, which notice shall include the identification of the new Owner of the Transferred Parcel and contact information for that party (each such notice, a “Transfer Notice”). The delivery of such Transfer Notice shall enable the current Maintenance Party to advise all of the other Owners of the Property of such change in ownership of the Transferred Parcel and to share with such other Owners the contact information for the new Owner of the Transferred Parcel, as set forth in the Transfer Notice. Maintenance Party may provide notice to the other Owners of the new Owner of the Transferred Parcel and the contact information set forth in the Transfer Notice at the same time as Maintenance Party next distributes billing statements to all of the Owners for their respective proportionate shares of Common Area Expenses, or if it so elects, Maintenance Party may send a notice to all of the Owners solely for the purpose of advising them of the sale, transfer of conveyance of the then- applicable Transferred Parcel and the contact information for the new Owner of the Transferred Parcel (in either case, a “Transfer Notice to Owners”). All Owners shall have the right to rely upon the information set forth in a Transfer Notice to Owners. If any Owner is attempting to contact or deliver notice to other Owners in accordance with the requirements of the Amended Stormwater Maintenance Agreement, as amended by this Agreement, such notifying Owner may rely upon the most recent Transfer Notice to Owners that it received with respect to any portion of the Property, and for the remaining portions of the Property relative to which the notifying Owner has not received a Transfer Notice to Owners, notifying Owner may rely upon the publicly available records of the Ramsey County Assessor’s office for purposes of determining the Owner of a portion of the Property and the contact information for such Owner. As of the date hereof, the current address for the Maintenance Party is: c/o Sterling Retail Services, Inc. 302 Datura Street, Suite 100 West Palm Beach, Florida Attention: Bob Dake Additionally, for all purposes of delivering any notices under the Amended Stormwater Maintenance Agreement, notices may be delivered via overnight commercial courier service (e.g. UPS, Federal Express), and if so, shall be deemed delivered on the first business day after deposit with such courier service. 13.This Agreement shall run with the land and inure to the benefit of the parties hereto and their successors and assigns. 14.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 42 1987484.v5 7 {THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK} 43 1987484.v5 8 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. SVAP III Silver Lake Village, LLC, a Delaware limited liability company By: Sterling Value Add Investments III, LLC, a Delaware limited liability company, its Sole Member By:SVAP III GP, LLC, a Delaware limited lability company, its Manager By: Name Title: STATE OF FLORIDA ) )SS COUNTY OF PALM BEACH ) The foregoing was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ___________, 2023, by ______________________, the ____________________________ of SVAP III GP, LLC, a Delaware limited liability company, the Manager of Sterling Value Add Investments III, LLC, a Delaware limited liability company, the Sole Member of SVAP III Silver Lake Village, LLC, a Delaware limited liability company, on behalf of such entities. Such person is personally known to me. Notary Public 44 1987484.v5 9 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. SVAP III Silver Lake Apache Park, LLC, a Delaware limited liability company By: Sterling Value Add Investments III, LLC, a Delaware limited liability company, its Sole Member By:SVAP III GP, LLC, a Delaware limited lability company, its Manager By: Name: Title: STATE OF FLORIDA ) )SS COUNTY OF PALM BEACH ) The foregoing was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ___________, 2023, by ______________________, the ____________________________ of SVAP III GP, LLC, a Delaware limited liability company, the Manager of Sterling Value Add Investments III, LLC, a Delaware limited liability company, the Sole Member of SVAP III Silver Lake Apache, LLC, a Delaware limited liability company, on behalf of such entities. Such person is personally known to me. Notary Public 45 1987484.v5 10 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. SVAP III Silver Lake OP, LLC, a Delaware limited liability company By: Sterling Value Add Investments III, LLC, a Delaware limited liability company, its Sole Member By:SVAP III GP, LLC, a Delaware limited liability company, its Manager By: Name: Title: STATE OF FLORIDA ) )SS COUNTY OF PALM BEACH ) The foregoing was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ___________, 2023, by ______________________, the ____________________________ of SVAP III GP, LLC, a Delaware limited liability company, the Manager of Sterling Value Add Investments III, LLC, a Delaware limited liability company, the Sole Member of SVAP III Silver Lake OP, LLC, a Delaware limited liability company, on behalf of such entities. Such person is personally known to me. Notary Public 46 1987484.v5 11 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. DORAN SLV III, LLC, a Minnesota limited liability company By _____________________________________ Kelly J. Doran, Chief Manager STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN) The foregoing was acknowledged before me this ___ day of ___________, 2023, by Kelly J. Doran, the Chief Manager of DORAN SLV III, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 47 1987484.v5 12 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. DORAN SLV II, LLC, a Minnesota limited liability company By _____________________________________ Kelly J. Doran, Chief Manager STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN) The foregoing was acknowledged before me this ___ day of ___________, 2023, by Kelly J. Doran, the Chief Manager of DORAN SLV II, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 48 1987484.v5 13 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. DORAN ST. ANTHONY, LLC, a Minnesota limited liability company By: DORAN SLV, LLC, a Minnesota limited liability company Its: Managing Member By _____________________________________ Kelly J. Doran, Chief Manager STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN) The foregoing was acknowledged before me this ___ day of ___________, 2023, by Kelly J. Doran, the Chief Manager of DORAN SLV, LLC, a Minnesota limited liability company, managing member of Doran St. Anthony, LLC, a Minnesota limited lability company, on behalf of the limited liability company. Notary Public 49 1987484.v5 14 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. ST. ANTHONY LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP, a Minnesota limited partnership By: St. Anthony Leased Housing Associates I, LLC, a Minnesota limited liability company Its: General Partner By Mark Moorhouse, its ____________ STATE OF MINNESOTA ) )SS COUNTY OF ____________) The foregoing was acknowledged before me this ___ day of ___________, 2023, by Mark Moorhouse, the _________________ of St. Anthony Leased Housing Associates I, LLC, a Minnesota limited liability company, the General Partner of St. Anthony Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public 50 1987484.v5 15 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and year first above written. STINSON APARTMENTS LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) )SS COUNTY OF ____________) The foregoing was acknowledged before me this ___ day of ___________, 2023, by ____________________, the _____________ of Stinson Apartments LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT DRAFTED BY: Barack Ferrazzano Kirschbaum & Nagelberg LLP (SBS) 200 West Madison Street, Suite 3900 Chicago, Illinois 60606 312.984.3122 51 1987484.v5 16 EXHIBIT A Legal Description Acres Square Feet Percentage Lot 1, Block 1, Silver Lake Center 9.27 403,801 21.0% Lot 2, Block 1, Silver Lake Center 1.32 57,499 3.0% Lot 2, Block 2, Silver Lake Center 0.34 14,810 0.8% Lot 3, Block 1, Silver Lake Center 1.41 61,420 3.2% Lot 4, Block 1, Silver Lake Center 1.42 61,855 3.2% Lot 5, Block 1, Silver Lake Center 1.26 54,886 2.9% Lot 6, Block 1, Silver Lake Center 0.79 34,412 1.8% Lot 1, Block 1, Silver Lake Village 3.18 138,521 7.2% Lot 3, Block 1, Silver Lake Village 7.04 306,662 15.9% Lot 3, Block 2, Silver Lake Village 0.65 28,314 1.5% Lot 1, Block 1, Silver Lake Village 2nd Addition 1.07 46,609 2.4% Lot 2, Block 1, Silver Lake Village 2nd Addition 1.94 84,506 4.4% Lot 1, Block 1, Silver Lake Village 3rd Addition 5.57 242,629 12.6% Lot 1, Block 2, Silver lake Village 3rd Addition 5.04 219,542 11.4% Lot 1, Block 1, Silver Lake Homes 1.54 67,082 3.5% Lot 2, Block 1, Silver Lake Homes 1.46 63,598 3.3% Lot 8, Block 1, Apache Plaza and N. 70’ of Lot 1, Block 1, Pillsbury Addition 0.85 37,026 1.9% Totals 44.15 1,923,174 100% 52 1987484.v5 17 EXHIBIT B The Owner of the Stinson Property shall: a.Prior to commencement of installation, construction or replacement of its drainage facilities, provide Doran III with a copy of its plans relating to such drainage facilities that will be located on the Doran Property for Doran III’s approval, which approval shall not be unreasonably withheld; b.Install, construct or replace such drainage facilities in strict accordance with the plans approved by Doran III; c.Perform any construction, installation, operation, maintenance, replacement or relocation of its drainage facilities in a safe manner consistent with applicable federal, state, and municipal laws, orders, rules, codes and regulations and in a manner so as to minimize interference with the operation of the adjacent residential and commercial buildings; d.Prior to the commencement of any construction, installation, operation, maintenance, replacement or relocation, obtain all necessary federal, state and municipal permits, licenses and approvals; e.Keep its drainage facilities in good order, repair and condition for the entire duration of the easement and adequately repair all damage to the Doran Property caused by the Owner of the Stinson Property, to the condition prior to such damage (other than ordinary wear and tear; f.Prior to the commencement of any construction, installation, operation, maintenance, replacement or relocation, procure and maintain the insurance policies stated below in amounts not less than the amounts set forth below: i.Commercial General Liability Insurance covering the Doran Property with a combined single limit of liability of not less than Three Million Dollars ($3,000,000.00) for bodily injury to or personal injury or death of any person, and for property damage arising out of any one occurrence or in the aggregate; provided, however, that from time to time, these coverage limits may be raised or lowered in accordance with industry standard recommendations for comparable policies. Doran III shall be a named additional insured under such policy on a primary/non-contributory basis with respect to losses for which the Owner of the Stinson Property is responsible hereunder. Such insurance shall be procured from companies licensed in Minnesota and shall be rated by Best’s Insurance Reports not less than A-X. All insurance may be provided under (i) an individual policy covering this location, (ii) a blanket policy or policies which includes other liabilities, properties and locations of such Party; provided, however, that if such blanket commercial general liability insurance policy or policies contain a general policy aggregate of less than $7,000,000, then such insuring party shall also maintain excess liability coverage necessary to establish a total liability insurance limit of $7,000,000, or (iii) a combination of any of the foregoing insurance programs. The Owner of the Stinson Property shall furnish to Doran III prior to entering the Doran Property all certificate(s) of insurance evidencing that the insurance required to be carried by such the Owner of the Stinson Property is in full force and effect. ii.Notwithstanding anything to the contrary set forth in this Agreement, Doran III and the Owner of the Stinson Property both hereby waive any and all claims against the others for Losses to 53 1987484.v5 18 the extent such Losses are insured against, or are required (under the terms of this Agreement) to be insured against, which waiver includes, but is not limited to, Losses, deductibles or self- insured retentions covered by each party’s respective commercial property, business income/extra expense/rental value insurance, commercial general liability, business auto liability, workers’ compensation or employers’ liability policies. The risk to be borne by Doran III and the Owner of the Stinson Property shall also include the satisfaction of any deductible (or self-insured retention) amounts required to be paid under the applicable insurance carried by the party incurring the Losses, and each of the parties hereto agrees that the others shall not be responsible for satisfaction of such deductible (or self-insured retention amount). The waivers set forth above in this Section f.(ii) shall apply if the Losses in question would have been covered by a normal and customary "all risks” or “special form” property insurance policy, even if the party suffering the Losses fails to maintain such coverage. The respective insurance policies of Doran III and the Owner of the Stinson Property shall include a waiver of all rights of subrogation by the insurance carrier against the other parties and their respective agents and employees. iii.DORAN III AND THE OWNER OF THE STINSON PROPERTY EACH, FOR ITSELF AND ITS RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS, HEREBY RELEASES AND FOREVER DISCHARGES, WAIVES AND EXONERATES THE OTHER AND ITS RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, CAUSES OF ACTION AND DEMANDS AT LAW OR IN EQUITY, CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES (WHETHER KNOWN OR UNKNOWN AS OF THE DATE OF THIS AGREEMENT) THAT ANY OR ALL OF DORAN III AND THE OWNER OF THE STINSON PROPERTY EACH, FOR ITSELF AND ITS RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS NOW HAS, OR MAY HAVE IN THE FUTURE, DIRECTLY ARISING OUT OF ANY MATTERS, OF ANY NATURE WHATSOEVER, UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS IN TORT OR CONTRACT, ALL CLAIMS UNDER A WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY) AND INCLUDING ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR GOOD AND WORKMANLIKE CONSTRUCTION AND WARRANTIES OF FITNESS FOR USE OR ACCEPTABILITY FOR THE PURPOSE INTENDED, AND ANY OTHER BASIS FOR RECOVERY OR REIMBURSEMENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY. NOTWITHSTANDING ANY OF THE FOREGOING RELEASE LANGUAGE, HOWEVER, THE FOREGOING RELEASE SHALL NOT APPLY, IN ANY CIRCUMSTANCE OR UNDER ANY CONDITION TO ANY MATTERS, OF ANY NATURE WHATSOEVER, THAT ARISE OR ACCRUE, AND ARE SUFFERED OR INCURRED BY ANY OR ALL OF DORAN III AND THE OWNER OF THE STINSON PROPERTY EACH, FOR ITSELF AND ITS RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS AS A RESULT OF, OR DUE TO, OR BECAUSE OF THE BREACH OR DEFAULT UNDER THE TERMS OF THIS AGREEMENT, ANY MALFEASANCE OR ANY NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF ANY OR ALL OF THE RELEASEES SET FORTH HEREIN. g.Indemnify, hold harmless and defend Doran III, its affiliates and their respective employees, agents, contractors, invitees, officers, directors, lenders and subsidiaries (each an “Indemnitee”) from and 54 1987484.v5 19 against any and all claims, actions, damages, liabilities and expenses, including reasonable attorneys’ fees and other professional fees, arising from or out of the construction, installation, operation, replacement, maintenance, repair, inspection or removal by the Owner of the Stinson Property of its drainage facilities , except to the extent that any such claims, actions, damages, liabilities, expenses or damage are caused by an Indemnitee. The Owner of the Stinson Property acknowledges and agrees that the drainage facilities located on the Doran Property shall be there at the sole risk of the Owner of the Stinson Property and Doran III shall not be liable for damage thereto, except in the event of Doran III’s gross negligence or willful misconduct. The Owner of the Stinson Property shall be responsible for the prompt satisfaction or payment of any liens for any provider of work, labor, material or services claiming by, through or under the Owner of the Stinson Property. The Owner of the Stinson Property shall also indemnify, hold harmless and defend Doran III against any such liens, including the reasonable fees of Doran III attorneys. Such liens shall be discharged by the Owner of the Stinson Property within fifteen (15) business days after notice by Doran III of filing thereof by bonding, payment or otherwise, provided that Licensee may contest, in good faith and by appropriate proceedings any such liens. Stinson acknowledge and agrees that at some time in the future, Doran III may need to develop or expand the Doran Property or construct improvements or conduct repair or maintenance operations in the area in which the Owner of the Stinson Property’s drainage facilities are located. In the event that Doran III notifies the Owner of the Stinson Property that Doran III is conducting such activities or causing such activities to be conducted, the Owner of the Stinson Property will relocate its drainage facilities to another location on the Doran Property within ninety (90) days after receipt of Doran III’s notice. The Owner of the Stinson Property may contract or subcontract any portion of work contemplated by this Agreement to any person or entity competent to perform such work. In no event shall such subcontract relieve the Owner of the Stinson Property of any of its obligations under this Agreement. Prior to commencing any such work, any person or entity contracted or subcontracted by the Owner of the Stinson Property must provide proper proof of insurance. Stinson will ensure that it’s contractors and subcontractors maintain insurance coverage as required by applicable law, and such other coverage as may be appropriate to their scope of work. Should the Owner of the Stinson Property fail to perform any obligation hereunder within fifteen (15) days after having received notice specifying the nature of such default, then Doran III shall have the right to form such obligation. Stinson shall reimburse Doran III for all costs incurred by Doran III in performing such obligations within ten (10) days of a demand therefor. 55 1987484.v5 20 ACKNOWLEDGMENT AND CONSENT City of Saint Anthony, a Minnesota municipal corporation, hereby approves the Third Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement as required pursuant to Section 9 of Amended and Restated Stormwater Maintenance and Easement Agreement dated April 30, 2004, filed August 26, 2004 with the Ramsey County Recorder as Document No. 3786716. CITY OF SAINT ANTHONY, a Minnesota municipal corporation By: Its: By: Its: STATE OF MINNESOTA ) )SS COUNTY OF ____________) The foregoing was acknowledged before me this ___ day of ___________, 2023, by ____________________ and ________________, the _____________ and _______________, respectively of the City of Saint Anthony, a Minnesota municipal corporation. Notary Public 56 1987484.v5 21 ACKNOWLEDGMENT AND CONSENT RGA REINSURANCE COMPANY, as the holder of a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated March 10, 2020, filed with the Ramsey County Recorder’s Office on March 18, 2020, as Document No. A04802691 encumbering Lot 1, Block 1, and Lot 3, Block 2, Silver Lake Village; Lots 1 and 2, Block 1, Silver Lake Village 2nd Addition; Lots 1 and 6, Block 1, and Outlot B, Silver Lake Center, and Lot 3, Block 1, Silver Lake Center; Outlot A, Silver Lake Village and Outlot A, Silver Lake Center, Ramsey County, Minnesota, hereby consents and agrees to the foregoing Third Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement. RGA REINSURANCE COMPANY, a Missouri corporation By: Its: STATE OF MISSOURI ) ) SS COUNTY OF _________) The foregoing was acknowledged before me this ____ day of ______________, 2023, by ___________________, the _________________ of RGA Reinsurance Company, a Missouri corporation, on behalf of the corporation. Notary Public 57 CONSENT AND SUBORDINATION Bridgewater Bank, a Minnesota state banking corporation, the holder of that certain corrective Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated October 30, 2020, filed in the official records in and for Ramsey County, Minnesota on March 2, 2021, at Recording No. A04842672, hereby consents to the Third Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement to which this Consent and Subordination is attached (the “Agreement”) and agrees that its rights in the property affected by the Agreement shall be subordinated thereto. IN WITNESS WHEREOF, Bridgewater Bank, a Minnesota state banking corporation has caused this Consent and Subordination to be executed this ____ day of __________, 2023. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 58 BRIDGEWATER BANK, a Minnesota state banking corporation, By: Name: Its: STATE OF MINNESOTA ) ) ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2023, by ____________________, the ____________________ of Bridgewater Bank, a Minnesota state banking corporation, and acknowledged that he executed the instrument on behalf of the banking corporation. Witness my hand and seal. Notary Public My Commission Expires: 59 CONSENT AND SUBORDINATION Bremer Bank, National Association, a national banking association, the holder of that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated October 30, 2020, filed in the official records in and for Ramsey County, Minnesota on February 8, 2021, at Recording No. A04862911, hereby consents to the Third Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement to which this Consent and Subordination is attached (the “Agreement”) and agrees that its rights in the property affected by the Agreement shall be subordinated thereto. IN WITNESS WHEREOF, Bremer Bank, National Association, a national banking association has caused this Consent and Subordination to be executed this ____ day of __________, 2023. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 60 BREMER BANK, NATIONAL ASSOCIATION, a national banking association, By: Name: Its: STATE OF MINNESOTA ) ) ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2023, by ____________________, the ____________________ of Bremer Bank, National Association, a national banking association, and acknowledged that he executed the instrument on behalf of the banking corporation. Witness my hand and seal. Notary Public My Commission Expires: 61 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-014 A RESOLUTION APPROVING AN AMENDMENT TO THE SALO PARK MAINTENANCE AGREEMENT AND THIRD SUPPLEMENT WITH DORAN SLV III, LLC AND SAVP III SILVER LAKE VILLAGE, LLC. WHEREAS, in 2021, the City of St. Anthony entered into a Maintenance Agreement with Doran SLV III, LLC and SAVP III, Sliver Lake Village, LLC (Property Owners); AND; WHEREAS, the City of St. Anthony Village is responsible for most of the maintenance of the Ponds AND; WHEREAS, the Property Owners agree to reimburse The City for that maintenance service; AND WHEREAS, a new Property Owner, Stinson Apartments, is adjacent to The Ponds; AND, WHEREAS, the Amended Maintenance Agreement and Third Supplement to the Agreement reflects the addition of the new Property Owners. NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Correction to Amended and Restated Maintenance Agreement as well as the Third Supplement to said Agreement. APPROVED in the regular session of the City Council on January 23, 2024. _________________________________________ Wendy Webster, Mayor ATTEST:___________________________ City Clerk Review for Administration: _______________________________________ Charlie Yunker, City Manager 62 1/17/2024 1 St. Anthony Village Snow and Ice Control Plowing Main Roads •Generally try to begin cleanup at the  completion of the snowfall •Routes are run with four single axle  plow trucks in teams of two •Currently three of the plow trucks are  equipped with salt tracking technology •Routes are divided into two primary  zones; 33rd Ave NE divides the north and  south routes •Parking lots at City Hall, Police  Department, Fire Department, and SAV  High School & Wilshire Park Elementary •Completion generally takes 2‐4 hours  63 1/17/2024 2 Plowing Residential Streets and Sidewalks •Follows completion of main roads •Four single axle plow trucks‐routes  are divided into four quadrants of the  City •Cul‐de‐sacs, alleys, and short roads  are cleared with smaller more nimble  vehicles •Two  sidewalk machines‐routes are  divided into 2 zones •Completion generally takes 2‐3 hours Weather Information •24‐hour to 7 day forecast  monitoring •Communicate with other  local municipality peer group •Radar •MDSS data‐Maintenance  Decision Support System •Local newscasts 64 1/17/2024 3 Public Notification •The public can sign up for email and/or  text notification of when city plows will  be clearing roads •Plowing notifications are also posted  on city website and social media Pre-treating •F‐250 flatbed pickup truck with 300 gallon tank  and spray bar •Roads are treated before an event •23% saltwater brine solution •Mix 200 pounds of salt per 300 gallons of water •100‐200 gallons per event 65 1/17/2024 4 Snow Plow Naming Event Winning Truck Names 66 1/17/2024 5 Replacement of 29 year old truck Comparison to last season YTD 2022‐2023 Season •11 full citywide plowing events •21 events with some amount of  response 2023‐2024 •One full citywide plowing event  October 30th •9 events with some amount of  response 67 1/17/2024 6 Questions 68 Date Type Staff Present February 5 Work Session Parks & Environmental Commission Interviews City Council City Manager February 13 Work Session Legislative Priorities City Council City Manager February 13 Regular Planning Commission items from January Water Conservation Poster Winners Public Hearing-2024 Budget Calendar and Process 2024 Planning Commission Work Plan- (motion only) 2024 Parks and Environmental Commission Work Plan- (motion only) Administration Annual Report Liquor License Renewals Outside Organizations City Council City Manager Finance Director February 27 Regular Metro-Inet Presentation GreenCorp Member application-resolution Adoption of Strategic Plan Liquor Annual Report City Council City Manager Liquor Op Manager Public Works Director March 12 Work Session City Council City Manager March 12 Regular Planning Commission Items from February Public Works Annual Report City Council City Manager Public Works Director March 26 Regular Police Annual Report Wyland Water Challenge Call for Public Hearing on Road Improvements and Assessments Order the Preparation of Assessments City Council City Manager Police Dept WSB April 9 Work Session City Council City Manager April 9 Regular Planning Commission Items from March Quarterly Donations & Grants Hennepin County Commissioner Irene Fernando Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update City Council City Manager Fire Dept April 23 Regular Finance Annual Report Insurance Renewal & Tort Limits- Consent Road Improvements and Assessments- PUBLIC HEARING City Council City Manager Finance Director WSB 2024 FUTURE COUNCIL AGENDA ITEMS 69 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS May 14 Work Session Discuss Debt Levy/Updated Street Improvement Plan City Council City Manager May 14 Regular Planning Commission items from April City Council City Manager May 28 Regular Villager of the Year and Business of the Year City Council City Manager June 11 Work Session Initial Debt Levy Scenarios City Council City Manager Liquor Manager June 11 Regular Planning Commission Items from May Authorize preparation of feasibility study for 2025 street project City Council City Manager June 25 Regular Commissioner MaryJo McGuire Presentation Approval of 2025 debt levy-PUBLIC HEARING City Council City Manager July 9 Work Session 2024 Initial Property Tax Levy Scenarios City Council City Manager July 9 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update Audit Report City Council City Manager Finance Director July 23 Regular Liquor Operations Mid Year Report VillageFest Presentation Night to Unite Presentation Night to Unite Proclamation City Council City Manager Liquor Op Mgr Police Chief August 13 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget City Council City Manager August 13 Regular Planning Commission items from July City Council City Manager August 20 Regular 2025 Proposed Budget & Levy Presentation City Council City Manager Finance Director September 10 Work Session City Council City Manager City Planner September 10 Regular Planning Commission items from August 2024 Preliminary Operating Budget and Levy-PUBLIC HEARING Students in Leadership-Consent Approve 2025 Feasibility Study and Order Plans and Specs City Council City Manager Finance Director Engineer 70 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS September 24 Regular Spirit of St. Anthony Award Fire Prevention Presentation Approve Union Contracts City Council City Manager Police Dept Fire Dept October 8 Work Session 2024 Long Term Capital Budget Plans City Council City Manager Finance Director October 8 Regular Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda Preliminary Certification of Delinquent Utility Accounts-Consent Agenda Planning Commission items from September City Council City Manager October 22 Regular Quarterly Donations & Grants Quarterly Goals Update City Council City Manager Finance Director November 12 Work Session City Council City Manager November 12 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater-PUBLIC HEARING Presentation on Water and Sewer Rates Canvass election results Approval of CIP City Council City Manager Finance Director November 26 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater Street Project Approve Plans & Specifications, Authorize Advertisement for Bids Union Contracts City Council City Manager December 10 Work Session Council Onboarding City Council City Manager December 10 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2025 City & HRA Budgets and Final Property Tax Levy -PUBLIC HEARING 2025 Fee Schedule MS4 Quarterly Goals update Final reading and adoption of water, sewer, & stormwater City Council City Manager Finance Director December 25 Regular January 14 Work Session City Council City Manager 2025 71 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS January 14 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants NYFS Agreement Outside Orgs-Council Students in Government Presentation City Council City Manager January 28 Regular Public Works Snow Plowing Operations presentation City Council City Manager PW Director 72