Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC PACKET 09242024
CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, September 24, 2024 at 7:00PM 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. SPIRIT Of St. Anthony Award Presentation Fire Prevention Presentation Mattie Jaros, Deputy Fire Chief, presenting. PRESENTATION.PDF Consent Agenda. Approval Of CC Meeting Minutes CC 09 -10 -2024.PDF License And Permits LICENSEANDPERMITS .PDF Claims 09 -24 -2024.PDF Students In Leadership COVER MEMO -STUDENT LIAISON APPOINTMENTS.PDF Resolution 24 -061 - Correcting Special Assessment Levy Information With Hennepin County RESOLUTION 24 -061.PDF Resolution 24 -062 - Authorizing The City Manager To Sign The Agreement For Backup Generator Repairs With Cummins, Inc On Behalf Of The City Of St. Anthony COVER MEMO.PDF QUOTE.PDF RESOLUTION 24 -062.PDF Public Hearing. Reports From Commission And Staff. Resolution 24 -063 - Approving A Request For An Amendment To The PUD Zoning District For Changes To The Uses And Development Plans In The Kenzie Terrace PUD Overlay District Steve Grittman, City Planner, presenting. COVER MEMO.PDF COVER MEMO SUPPLEMENT.PDF TIBYAN CENTER PRESENTATION.PDF TIBYAN CENTER SUPPLEMENTAL SUBMISSION COVER MEMO AND INFORMATION.PDF TIBYAN CENTER - APPLICATION AMENDMENT EMAIL - 7 -1 -24.PDF SITE PLAN PROPOSED_LANDSCAPED -7 -1 -24.PDF ORIGINAL APPLICATION AND SUPPORTING MATERIAL.PDF RESOLUTION 24 -063.PDF General Business Of Council. 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. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Public Comments PUBLIC COMMENTS FOR CITY COUNCIL MEETINGS.PDF 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 -3314 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. A. B. Documents: VI. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: F. Documents: VII. VIII. A. Documents: IX. X. XI. A. Documents: XII. A. Documents: XIII. 1 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, September 24, 2024 at 7:00PMMembers 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.SPIRIT Of St. Anthony Award Presentation Fire Prevention PresentationMattie Jaros, Deputy Fire Chief, presenting.PRESENTATION.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 09 -10 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims09-24 -2024.PDF Students In Leadership COVER MEMO -STUDENT LIAISON APPOINTMENTS.PDF Resolution 24 -061 - Correcting Special Assessment Levy Information With Hennepin County RESOLUTION 24 -061.PDF Resolution 24 -062 - Authorizing The City Manager To Sign The Agreement For Backup Generator Repairs With Cummins, Inc On Behalf Of The City Of St. Anthony COVER MEMO.PDF QUOTE.PDF RESOLUTION 24 -062.PDF Public Hearing. Reports From Commission And Staff. Resolution 24 -063 - Approving A Request For An Amendment To The PUD Zoning District For Changes To The Uses And Development Plans In The Kenzie Terrace PUD Overlay District Steve Grittman, City Planner, presenting. COVER MEMO.PDF COVER MEMO SUPPLEMENT.PDF TIBYAN CENTER PRESENTATION.PDF TIBYAN CENTER SUPPLEMENTAL SUBMISSION COVER MEMO AND INFORMATION.PDF TIBYAN CENTER - APPLICATION AMENDMENT EMAIL - 7 -1 -24.PDF SITE PLAN PROPOSED_LANDSCAPED -7 -1 -24.PDF ORIGINAL APPLICATION AND SUPPORTING MATERIAL.PDF RESOLUTION 24 -063.PDF General Business Of Council. 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. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Public Comments PUBLIC COMMENTS FOR CITY COUNCIL MEETINGS.PDF 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 -3314 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.A.B.Documents:VI.A.Documents:B.Documents:C.Documents: D. Documents: E. Documents: F. Documents: VII. VIII. A. Documents: IX. X. XI. A. Documents: XII. A. Documents: XIII. 2 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, September 24, 2024 at 7:00PMMembers 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.SPIRIT Of St. Anthony Award Presentation Fire Prevention PresentationMattie Jaros, Deputy Fire Chief, presenting.PRESENTATION.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 09 -10 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims09-24 -2024.PDFStudents In LeadershipCOVER MEMO -STUDENT LIAISON APPOINTMENTS.PDFResolution 24 -061 - Correcting Special Assessment Levy Information With Hennepin CountyRESOLUTION 24 -061.PDFResolution 24 -062 - Authorizing The City Manager To Sign The Agreement For Backup Generator Repairs With Cummins, Inc On Behalf Of The City Of St. Anthony COVER MEMO.PDFQUOTE.PDFRESOLUTION 24 -062.PDFPublic Hearing.Reports From Commission And Staff.Resolution 24 -063 - Approving A Request For An Amendment To The PUD Zoning District For Changes To The Uses And Development Plans In The Kenzie Terrace PUD Overlay DistrictSteve Grittman, City Planner, presenting.COVER MEMO.PDFCOVER MEMO SUPPLEMENT.PDFTIBYAN CENTER PRESENTATION.PDFTIBYAN CENTER SUPPLEMENTAL SUBMISSION COVER MEMO AND INFORMATION.PDFTIBYAN CENTER - APPLICATION AMENDMENT EMAIL - 7 -1 -24.PDFSITE PLAN PROPOSED_LANDSCAPED -7 -1 -24.PDFORIGINAL APPLICATION AND SUPPORTING MATERIAL.PDFRESOLUTION 24 -063.PDFGeneral Business Of Council.Reports 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. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Public Comments PUBLIC COMMENTS FOR CITY COUNCIL MEETINGS.PDF 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 -3314 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.A.B.Documents:VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:F.Documents:VII.VIII.A.Documents:IX.X.XI. A. Documents: XII. A. Documents: XIII. 3 THIS PAGE LEFT INTENTIONALLY BLANK 4 9/13/2024 1 St. Anthony Fire Department Fire Prevention Presentation Fire Prevention Week 5 9/13/2024 2 Facts •Three out of five fire deaths happen in homes with either no smoke alarm or no working smoke alarm. •The risk of dying in a home fire is cut in half in homes with working smoke alarms. •In 2022, 71 lives were lost in fires –the highest number in over 25 years. Smoke Alarms •Located on every floor of the home, outside and inside bedrooms. •Need to be replaced every 10 years. •Batteries need to be replaced annually. •Some have 10 year batteries that have no need for changing until the alarm reaches the expiration date. •Some with hearing difficulty may need added devices (bed shakers). 6 9/13/2024 3 SAFD Home Safety Survey •Free to residents. •Typically takes under an hour. •Will check all of your alarms and replace if needed. •Alarm replacement includes alarms with 10‐year battery. •Verify correct placement and also add smoke alarms if needed. •Will discuss fire and life safety topics with the resident (fall risks, cooking fires, CO alarms, etc.) Fire Department Open House •Saturday, October 5th 1‐4 pm •At the fire station •A day worth of fire prevention and fun! •Tour the fire trucks & station •Live burn demo •Spray the fire hose •Free lunch •Outside agency demos •Sparky the fire dog appearance •Bring your old fire extinguishers for recycling 7 THIS PAGE LEFT INTENTIONALLY BLANK 8 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 SEPTEMBER 10, 2024 4 I.5 CALL TO ORDER. 6 7 Mayor Wendy Webster called the meeting to order at 7:00 p.m. 8 II.9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Wendy Webster invited the Council and audience to join her in the Pledge of Allegiance. 12 III.13 ROLL CALL. 14 15 Present: Mayor Webster, Councilmembers Doolan, Elnagdy, Jenson, and Randle. 16 17 Absent:None. 18 19 Also Present:City Manager Charlie Yunker, Finance Director Deborah Maloney, City Planner 20 Steve Grittman, and Ehlers & Associates Representative Stacie Kvilvang. 21 22 23 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE 24 FOLLOWING ITEMS. 25 IV.26 APPROVAL OF AUGUST 27, 2024 CITY COUNCIL MEETING AGENDA. 27 28 Motion by Councilmember Doolan, seconded by Councilmember Elnagdy, to approve the City 29 Council Meeting Agenda of September 10, 2024. 30 31 Motion carried 5-0. 32 33 V.PROCLAMATIONS AND RECOGNITIONS. 34 35 Commissioner Mary Jo McGuire was unable to attend the meeting and her presentation will be 36 rescheduled. 37 38 VI.CONSENT AGENDA. 39 40 A.Approve August 27, 2024, Council Meeting Minutes. 41 B.License and Permits. 42 C.Claims. 43 D.Resolution 24-058 – Designating Councilmember Elnagdy as a Participant in Outside 44 Organizations for 2024. 45 46 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve the Consent 47 Agenda items. 48 49 Motion carried 5-0. 9 City Council Regular Meeting Minutes September 10, 2024 Page 2 1 2 VII.PUBLIC HEARING. 3 A.4 Resolution 24-059 – Setting the 2025 Preliminary Tax Levy and General Operating 5 Budget for the City of St. Anthony Village. 6 7 Finance Director Deborah Maloney reviewed Staff presented the draft 2025 budget and levy on 8 August 27, 2024, projecting a 4.65% levy increase. Since that meeting further negotiations have 9 taken place with the City’s labor unions and information from comparable cities shows that 10 market adjustments are needed across all functions to remain competitive. Negotiations are still 11 ongoing, and as a result, staff is proposing to set the Preliminary Levy with a 6% increase over 12 2024. This will allow for flexibility to complete labor negotiations and would be the high mark 13 for the 2025 levy. Staff will present options to bring the levy increase at or below 5% for 14 consideration before the Truth in Taxation presentation on December 10, 2024. 15 16 The Levy proposed reflects these work session discussions. The proposed 2025 overall levy is 17 $9,742,239 which represents an increase of $551,106 or a 6.00% increase compared to the 2024 18 overall levy. 19 20 Ms. Maloney continued reviewing the 2025 Budget Parameters: 21 City revenues budgeted using current run rates for sources that are subject to trends and 22 conservative baseline estimates for reoccurring aids and charges for services. 23 Expenses budgeted at amounts that will maintain present level of City services. 24 Liquor transfers are based on liquor operating results. 25 26 The changes since the August 27, 2024 Meeting Presentation were reviewed: 27 Labor negotiations have made it clear that market adjustments are needed across all 28 functions to remain competitive in attracting and retaining staff. o29 This is based on current wages and known wage increases for comparable cities to 30 St. Anthony Village. 31 This has resulted in a needed levy increase of over 5% based on the draft 2025 Budget 32 and Levy. o33 Staff is recommending setting a preliminary levy increase of 5% to accommodate the 34 market wage pressure. This sets a high mark, with final adoption to take place in 35 December. 36 Staff will present options to lower the levy increase during the Capital Funds discussion, 37 which is the next step in the budget process. 38 39 Initial Levy increase information from 13 area cities indicates the current environment. The 40 average preliminary levy increase for the list of cities is a 10.48% increase from 2024 final levy. 41 42 Ms. Maloney presented charts showing the Path to the 2025 Tax Levy, General Fund and Levy, 43 Overall Levy by Fund Type, and 2025 General Fund Revenues. 44 The General Fund Levy supports: 45 Administration 46 Police 10 City Council Regular Meeting Minutes September 10, 2024 Page 3 1 Fire 2 Public Works 3 Finance 4 Parks 5 6 In 2024, the average homeowner paid $1,693 for City services for a home valued at $411,250 7 ($141/month). A chart showing 2025 General Fund Expenditures was displayed. 8 9 Ms. Maloney reviewed the 2025 Budget Cost Drivers as follows: Personnel Costs – 71% of 10 expenditures, overall budgeted costs increased by $759,652. The 2025 base wage increase is 11 based on the anticipation of City’s unions accepting a 3% cola along with appropriate market 12 adjustments. The net cost impact on the reoccurring wage base is $442,961. Other factors 13 creating the additional $233,766 in costs are as follows: 14 The Police Department budget includes the full-year impact of restoring the lieutenant 15 position and adding a VCET officer in 2024. These additions occurred mid-year. The 16 budget impact is an increase of $152,860 in 2025. 17 Similarly, the assistant fire chief position was added midyear in 2024, the impact of the 18 full year of the position in 2025 will be an increase of $68,828. 19 Union negotiations are still ongoing, with high market demands driving up requests and 20 having a more significant impact on the levy than in previous years. 21 Health insurance premium increase of 9.1% is shared 50/50 by the City and the 22 employees. The 2025 impact of the shared increase is $72,925 (includes elected coverage 23 changes from 2023 to 2024). 24 25 Contracted Services – 10% of expenditures, net decrease of $60,980 mainly as a result of 26 Hennepin County Board of Commissioner’s decision to no longer charge cities for assessing 27 services; this will be levied through the County’s levy going forward. 28 Construction permits inspections budgeted at an increasing baseline activity has resulted 29 in greater expense of $5,394. This increase has no impact on the levy as the inspection 30 fee is a percentage of permit revenue received. 31 Assessor (decrease of $82,000), attorney – reduced budgeted contingency, auditor, 32 engineer and planner services reflect rates and activity in these accounts. The net result of 33 these factors is cost decrease of $107,000. 34 Contracted information technology costs up $22,383. 35 Miscellaneous service contracts are estimated to increase by $18,940. This is driven by 36 police and fire increases in contracted costs, and remaining costs impacted by inflation. 37 38 Other Insurance Costs – 5% of expenditures, overall costs up by $17,575. 39 The worker’s compensation insurance experience rating improved by 11% in the 2024- 40 2025 renewal period, combined with overall rate reductions of 15% resulted in a savings 41 of 16.86% for the 2024/2025 policy renewal, resulting in a savings of $58,230 in 42 workers’ compensation premiums for the policy year. The budget year is a combination 43 of half prior renewal period rates and half current renewal period rates, resulting in a 44 small overall increase when combined with the prior year increase of 17.2%. 11 City Council Regular Meeting Minutes September 10, 2024 Page 4 1 Liability, property and casualty premiums are projected to increase by $24,469 in 2025. 2 Main contributors to this are a 16.35% increase in municipal liability, 32.56% increase in 3 auto, and 19.5% increase in excess liability premiums, the net increase is 13.64%. 4 5 Pass Through Costs – 3% of expenditures, costs up $59,254. 6 The substantial portion of the increase represents an estimated $72,000 increase in fire 7 relief payments made from state fire aid. This is offset by revenue of the same amount 8 and is an accounting requirement with no net levy impact. The transfer for rent from the 9 community center returned to the 2023 amount, a reduction of $15,000. 10 11 Remaining Budget Line Items – 11% of overall expenditures or $1,083,574, costs are up 12 $51,732. 13 Energy costs make up $4,377 of this increase. 14 Anticipated inflationary factors have been applied to many of the supplies, printing and 15 repair and maintenance services pushing these costs up by $21,622. 16 Budgeted costs for communications, memberships and training, community inclusion and 17 sustainability initiatives and other miscellaneous items are up $25,733 compared to 2024. 18 19 Other Factors for the 2024 Budget 20 Liquor transfer to the General Fund will be $275,000 same as 2024. 21 2025 State-funded Local Government Aid reflects increases by only $921. 22 Police contracted services are estimated to increase by $68,688 a 7% increase. 23 Excess Tax Increment collections are projected to increase by $100,000 in 2025. 24 25 Ms. Maloney provided a summary of the 2025 Budget: 26 General Fund operating budget totals $10,217,026 supported by a property tax levy of 27 $6,396,944. 28 Personnel costs represent 71% of General Fund expenditures: o29 Personnel costs up $676,727.18 or 11.46%. o30 Wages and benefits for $442,961 COLA and market adjustments. o31 The full-year impact of 2024 new positions implemented mid-year is $233,766. o32 Health insurance costs up $72,925. 33 Other Insurance expenditures up $17,575. 34 Contracted services down $28,982. 35 Capital Funds levies increased by $92,500. 36 Increase in all levies totals $551,106 or 6.00%. 37 , 38 Since 1999 the City has been awarded $35,070,091 in Grants and donations from local 39 businesses/residents. 40 41 The next steps in the budgeting process include: 42 At the October 8, 2024, Council work session, Staff will present the proposed 2025 43 updates to the long-term capital budget plans. 44 At the October 22, 2024 Council work session, Staff will present the proposed 2025 45 utility rate adjustments and budgets. 12 City Council Regular Meeting Minutes September 10, 2024 Page 5 1 At the October 22, 2024, City Council meeting, Staff will present the 2025 long-term 2 capital budgets as revised. The requested City Council action will be the approval of 3 2025 capital levies and long-term plans. 4 The final presentation of the 2025 Budget and Property Tax Levy (Truth in Taxation) 5 hearing is scheduled for the December 10, 2024 Council Meeting. At that meeting, Staff 6 will present a recap of the final 2025 Budget and the 2025 Property Tax Levy’s impact on 7 the property tax bill. 8 9 The City Council is asked to pass the resolution this evening certifying the preliminary levy to 10 Hennepin and Ramsey Counties. 11 12 Mayor Webster opened the public hearing at 7:25 p.m. 13 14 No one appeared to address the City Council during the public hearing. 15 16 Councilmember Randle noted this was a difficult budget to prepare. He asked about budgeted 17 cost for communications, memberships and training, and community inclusion and sustainability 18 initiatives. Ms. Maloney stated the training costs were increased due to a number of new staff. 19 She will research and report back to Council. There was no increase in community inclusion and 20 sustainability. Mr. Yunker stated those numbers have been in the budget for a number of years 21 and include utilizing outside trainers, consultants, etc. 22 23 Councilmember Elnagdy referred to page 10 attorney contingencies. Ms. Maloney stated there 24 were contingencies budgeted for legal services. In looking at recent years it was safe to decrease 25 that amount due to actual legal services used. The County will not be billing St. Anthony for the 26 assessment services. 27 28 Councilmember Jenson stated this is the fourth time we have looked at the budget. It has 29 increased since the last glance. Is there anything else that needs to be added that hasn’t been 30 addressed. Ms. Maloney stated Staff is requesting a not to exceed approval and if other expenses 31 are added adjustments will need to be made. The capital planning part is not complete and will 32 be discussed in meetings in October. A fund balance is kept for the capital funds. Mr. Yunker 33 stated this year there are contract negotiations with all three unions. We are halfway through the 34 three unions and we are not certain how we will come out. We try to keep a little above average 35 of the peer groups. The capital can be more flexible. Councilmember Jenson thanked Staff for 36 the level of detail provided. 37 38 Councilmember Doolan asked about the 6% and how that would affect homeowners. She asked 39 if there is a budget this year for a police force for full capacity and if we are not at full capacity, 40 does that go into next year’s budget. Mr. Yunker stated at the end of this year we will look at the 41 remaining balances and what is the best way to use that. Councilmember Doolan stated she has 42 heard from residents that taxes are high and challenging for residents on fixed incomes. She 43 wants to be mindful of understanding this 6% is higher than we have been talking about. There 44 may be some relief from transfers from 2023 budget. Ms. Maloney stated funds are carried in 45 based on when revenues are received. It is better to use current revenues for current 46 expenditures. We are carrying over public safety dollars $233,000 which is 2% of the levy. 13 City Council Regular Meeting Minutes September 10, 2024 Page 6 1 2 Mayor Webster stated now a cap needs to be set at 6%. This amount can be reduced but not 3 increased. The levy is certified in December. The debt levy has stayed flat for many years. The 4 bulk of personnel costs are for public safety. Staff is working diligently to try to get the levy at 5 5% or below. 6 7 Councilmember Doolan stated the long-term strategy of reducing debt servicing. We are set to 8 have a good strategy long term. When we compare ourselves to the other cities, a lot of them 9 have a larger business presence. She would like to know where Falcon Heights and Lauderdale 10 land. Ms. Maloney stated they are most likely higher. 11 12 Mayor Webster stated she and Mr. Yunker were at a City Manager’s meeting yesterday and there 13 was a discussion about tax levy increases. The 6% we are discussing was second to the lowest. 14 There were seven cities higher than St. Anthony with the highest being 17.5%. There is some 15 uniqueness to St. Anthony. 16 17 Councilmember Randle stated residents are aware of this when they move into St. Anthony. 18 They still choose to move to St. Anthony. Councilmember Doolan stated her concern is for those 19 on a fixed income. 20 21 Mayor Webster closed the public hearing at 7:47 p.m. 22 23 Motion by Councilmember Elnagdy, seconded by Councilmember Randle, to approve 24 Resolution 24-059, a Resolution Setting the Preliminary 2025 Tax Levy and General Operating 25 Budget for the City of St. Anthony Village. 26 27 Motion carried 5-0. 28 29 VIII.REPORTS FROM COMMISSION AND STAFF. 30 1.31 Ordinance 2024-05 – Amending Section 154.188 of the St. Anthony City Code 32 Regulating Cannabis Businesses. 33 34 City Planner Steve Grittman reviewed the State of Minnesota has passed legislation during the 35 2023 legislative session legalizing various aspects of cannabis use, sales, agriculture, and 36 manufacturing. This legislation follows 2022 legalization of certain low-potency hemp-based 37 THC products. The City of St. Anthony subsequently adopted regulations for hemp-THC 38 products. 39 40 In August of 2023, the City adopted a moratorium on cannabis-related businesses (as authorized 41 by the legislation), in anticipation of the State’s establishment of agency and rule-making 42 activities. The State has created the Office of Cannabis Management (OCM) to carry out the 43 requirements of the legislation, with an originally anticipated start date of January 2025. While 44 that date may shift some, the City is seeking to update its zoning regulations to comply with the 45 local land use impacts of the legislation. 46 14 City Council Regular Meeting Minutes September 10, 2024 Page 7 1 OCM has now developed a model ordinance for local government use and fine-tuning. Staff has 2 updated the model ordinance to fit St. Anthony’s formatting and policy choices. The model 3 ordinance was provided for Council review. These retain the prohibition on use in public places, 4 and a separation buffer from specific land uses (1,000 feet for schools, 500 feet for parks 5 regularly used by minors, and 300 feet for childcare facilities and substance-abuse treatment 6 facilities. 7 8 The Planning Commission recommended approval, with discussion of the specific sections and 9 notes, and staff requests approval of the first reading of this ordinance. 10 11 The ordinance has a few areas of local choice, but generally, the State will handle all licensing, 12 with local governments reviewing the suitability of a location per its zoning district and building 13 code compliance. Sections A-G of the draft ordinance are largely administrative functions or 14 process requirements. There are a few areas of additional consideration as follows: 1.15 Number of licensed retail establishments. The State requires that all jurisdictions allow at 16 least one license for every 12,500 residents – the second license kicking in at a population 17 of 12,501. This draft ordinance anticipates the City limiting its licensees to the one 18 required, although the City can choose to allow more if it wishes to do so. This limitation 19 is found in Section K. 2.20 Location Change. In Section H, the City can choose to require a licensed retailer to restart 21 the full registration application process or allow a new location simply by notification 22 from OCM. The Planning Commission’s discussion was mixed, landing with a 23 recommendation of the notification option only, rather than the more extensive re- 24 registration. The Commission’s consensus was Option B. 3.25 Mixed Industrial/Retail Operations. The statute creates a class of retail licensees 26 identified as “Microbusinesses” and “Mezzobusinesses”. These are essentially industrial 27 operations (growers, processors, etc.) distinguished from each other by size of operation. 28 They are distinguished from other industrial operations in that they are permitted to 29 obtain a “Retail Endorsement” permitting them to both process cannabis products and sell 30 products at retail. The comparable use would be a brewer taproom in which the brewer is 31 producing alcoholic beverages and operating an on-site drinking establishment. 32 33 Any retailers (including these) are subject to the buffer requirements. This draft is written 34 to exclude retail operations from the City’s industrial areas – such that any micro- or 35 mezzo-business would not be permitted to offer on-sale products at locations in the 36 industrial districts. If on-site consumption similar to a taproom is preferred, this section 37 would require revision. 38 4.39 Hours of Operation. It is expected that a retail cannabis facility will maintain typical 40 retail hours. The State legislation allows the City to set more restrictive hours; however, 41 staff is not recommending this level of regulation. The legislation establishes maximum 42 retailing hours requiring closure of any retail operation between 2:00 a.m. and 8:00 a.m., 43 Monday through Saturday, and 2:00 a.m. and 10:00 a.m. on Sundays. This legislation 44 permits the City to limit hours to 10:00 a.m. and 9:00 p.m. 45 15 City Council Regular Meeting Minutes September 10, 2024 Page 8 1 The Planning Commission discussed this aspect of the code, and also recommended no 2 additional limits on hours of operation. Since the zoning ordinance sites a retail facility in 3 a standard commercial retail district, it is expected that standard commercial hours will be 4 followed. The Council has the ability to update this issue if it is found that specific 5 concerns arise related to hours of operation. 6 5.7 Odor. There is language in the statue that references an ability to regulate uses based on 8 odor, however, it is not clear at all how this would be accomplished or enforced. The 9 City’s adopted prohibition of smoking in public places is intended to address the primary 10 objection to odor, which is expected to be smoke. Whereas some industries can create 11 odor emissions, there are PCA limitations on particulate matter and other emissions 12 which could also apply. 13 14 Staff has researched odor regulations with state and nearby municipalities and have not 15 found substantive regulations in this regard. While there appears to be some future 16 research in this area Staff is not currently recommending any additional odor-related 17 regulation due to difficulties with enforcement. The typical regulation would be nuisance 18 violations if odor became a tangible issue. 19 6.20 Low Potency Hemp Products. The City is authorized to further limit the low-potency 21 hemp sales currently allowed by law. St. Anthony has adopted a regulation that limits 22 sales of edibles to those businesses that maintain a tobacco sales license. While the OCM 23 will take over licensing of Hemp-infused products, the City will retain the ability to 24 manage sales based on land use. 25 26 Staff has recommended that hemp-infused products may be sold only by those 27 establishments that have tobacco sales licenses in the case of off-sale products (such as 28 edible gummies or infused beverages); or by those establishments that have on-sale liquor 29 licenses, in the case of on-site consumption – particularly for infused beverages. The law 30 does not permit the mixing of Hemp/THC infusion with alcoholic beverages. 31 7.32 Temporary Cannabis Events. The legislation created a requirement that Cities permit 33 temporary “Cannabis Events”. These events are limited to up to four days, and the City 34 can limit the location of these events. The City can further limit these events to the 35 display of products or other goods, or it may authorize retail sales. The draft ordinance 36 language proposes that if retail sales are proposed, the event site must meet the buffer 37 requirements that other retailers must meet. 38 39 The current draft is also written to prohibit consumption of cannabis products on the 40 premises of the event. The City has the authority to authorize or prohibit consumption at 41 events. Currently the City’s ordinance prohibits smoking on public property. However, an 42 event on private property could include consumption/smoking if left unaddressed. This 43 aspect of the Temporary Event section should be reviewed. If in indoor places, the 44 Minnesota Clean Indoor Air Act would continue to apply. 45 16 City Council Regular Meeting Minutes September 10, 2024 Page 9 8.1 Other. There are a few administrative options for the City to consider, including how to 2 “register” licensed establishments, enforcing compliance required by the law, and 3 addressing licensee reapplication, among a few others. These aspects of the ordinance 4 address clerical aspects of City operation rather than land use decision-making. 5 6 The Planning Commission recommends the City Council approve the draft ordinance as 7 presented. The ordinance will typically be heard over three readings. Staff will be reviewing 8 additional cross-section references to ensure that other portions of the City Code are fully 9 updated consistent with the draft ordinance once adopted. 10 11 The cannabis topic is complex and has many facets that impact local government. Prior to 12 decisions on cannabis regulation are incorporated into this comprehensive ordinance, how the 13 State has created the model ordinance for local guidance. Municipal sales, law enforcement, and 14 other administrative or General Code aspects of the law are left to separate consideration by City 15 Council. The target date is January 1st. 16 17 Councilmember Randle referred to having a cannabis event and how is that regulated. He 18 questions how cities are required to sell cannabis. Mayor Webster stated this is similar to legal 19 alcohol sales. 20 21 Councilmember Doolan referred to page 53 and noted no consumption is done at an event. It is a 22 marketing event. The City has more discretion on what a temporary event would look like. This 23 creates full guidelines for policing. She asked if anyone within the community could host an 24 event. Mr. Grittman stated the event holder would need to have an OCM authority. 25 26 Councilmember Elnagdy asked about the relocation of a retailer. She asked what the arguments 27 were against re-registration. Mr. Grittman stated if a retailer moves they may need to prove their 28 validity of selling was discussed at the Planning Commission. The Planning Commission 29 determined only notification would be needed. Councilmember Elnagdy asked what the remedy 30 is for a retailer who is not in compliance. Mr. Grittman explained some options. 31 32 Mayor Webster stated the fee for re-registration is $10,000. Mr. Grittman stated the re-licensing 33 would not be that much but would be lengthy and expensive. The $10,000 is for the licensing 34 through the OCM. The registration fee with the City is $500. 35 36 Councilmember Doolan asked about a name change of the business. Mr. Yunker stated there will 37 be compliance checks in place and either the City or the County could be delegated to do that. 38 The City has authority over where the business is located. 39 40 Councilmember Jenson asked about the highlighted sections in yellow in the ordinance. Mr. 41 Grittman stated those areas were highlighted to call attention to those sections. Hours of 42 operation can be set by the City. The 10:00 a.m. to 9:00 p.m. hours are similar to the liquor store 43 hours. 44 45 Mayor Webster asked the Council for their thoughts about aligning the hours of operation to 46 those of the liquor store. (9:00 a.m. – 10:00 p.m.). Mr. Yunker stated the hours of liquor 47 17 City Council Regular Meeting Minutes September 10, 2024 Page 10 1 operations are adjusted slightly during the year. Councilmember Elnagdy suggested letting 2 business owners set their own hours in compliance with State Statute. Councilmember Randle 3 stated only bars within the City are open until 1:00 a.m. or 2:00 a.m. He sees no benefit to letting 4 them set their own hours. Councilmember Doolan stated since the City can regulate where the 5 businesses are located, what if a business is set up in a residential area and traffic is increased all 6 night long. That would be concerning to residents. Mr. Yunker stated Staff is putting some 7 restrictions in place and there is flexibility in determining other issues. 8 9 Mayor Webster referred to page 49 – yellow text regarding the business moving to a new 10 location they would notify the City but no re-registration is required. Councilmember Doolan 11 asked if the ownership changes is re-licensing required and Mr. Grittman stated it would be 12 required. 13 14 Mayor Webster referred to the temporary cannabis events not allowing consumption. 15 Councilmember Elnagdy asked how consumption could be monitored for edibles and how 16 enforced. She suggested removing that part from the Ordinance. Mayor Webster stated if the 17 concern is odor should edibles be allowed at a temporary event. Mr. Grittman stated he will do 18 some more research on that. Councilmember Doolan asked if a retailer can offer samples in the 19 shop (not during a temporary event) or could a temporary license be offered. Mr. Grittman stated 20 edibles/beverages vs. smoking most retailers could not allow smoking in the store (Clean Air 21 Act). Mayor Webster asked the Council if edibles should be allowed during temporary events 22 and requested that be re-worded prior to the second reading. 23 24 As far as where temporary events can happen, the wording in the Ordinance are optional. 25 Councilmember Doolan asked if she buys a product and hosts a party at her home can they use 26 edibles without a permit. Mr. Grittman stated personal use is not affected by the Ordinance. 27 28 Councilmember Elnagdy asked about the application fee and Mr. Grittman stated only a 29 registration fee can be charged by the City. 30 31 Motion by Councilmember Jenson, seconded by Councilmember Doolan, to approve First 32 Reading of Ordinance 2024-05 – Amending Section 154.188 of the St. Anthony City Code 33 Regulating Cannabis Businesses with edits provided to Staff. 34 35 Councilmember Randle left the meeting at 8:26 p.m. 36 37 Motion carried 4-0. 38 39 IX.GENERAL BUSINESS OF COUNCIL. 40 A.41 Resolution 24-060 – Relating to the $1,780,000 General Obligation Improvement Bonds, 42 Series 2024A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and 43 Details, Providing for the Execution and Delivery thereof and the Security therefor and 44 Levying Ad Valorem Taxes for the Payment Thereof. 45 18 City Council Regular Meeting Minutes September 10, 2024 Page 11 1 Ms. Stacie Kvilvang from Ehlers & Associates reviewed the rating call that was held and St. 2 Anthony has been upgraded to AA+. This is one step below AAA. Since 2009, all the collective 3 decisions that have been made are responsible for this upgrade. The sale of the bonds was done 4 this morning and 4 bids were received with the lowest being from Baird with 2.96%. 5 6 Motion by Councilmember Doolan, seconded by Councilmember Jenson, to approve Resolution 7 24-060, a Resolution Relating to the $1,780,000 General Obligation Improvement Bonds, Series 8 2024A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, Providing 9 for the Execution and Delivery thereof and the Security therefor and Levying Ad Valorem Taxes 10 for the Payment Thereof. 11 12 Motion carried 4-0. 13 14 X.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 15 16 City Manager Yunker had no report. 17 18 Councilmember Doolan stated on August 28 she met with Silverwood educational staff. On 19 September 1st she and Mayor Webster did door-knocking. On September 4th she attended the 20 Ramsey County Local League of Governments Climate Plan Workshop. She attended the 21 Chamber of Commerce Meeting on September 9th. 22 23 Councilmember Jenson stated on September 4 he also attended the Climate Plan Workshop. On 24 September 5 he attended the Northeast Youth and Family Services event. 25 26 Councilmember Elnagdy had no report. 27 28 Mayor Webster stated on September 2 she and Councilmember Doolan resumed door-knocking 29 in the community. On September 6 she met with Ethical Leaders in Action. On September 8 she 30 began the onboarding process with Councilmember Elnagdy. On September 9, she attended the 31 Regional Council of Mayors Meeting. She and Mr. Yunker attended the Ramsey County Mayor 32 and City Manager’s Meeting also on September 9. 33 34 XI.COMMUNITY FORUM - NONE. 35 36 No one appeared to address the City Council. 37 38 XII.INFORMATION AND ANNOUNCEMENTS. 39 40 Mayor Webster stated her appreciation for a family in St. Anthony who owns a house where the 41 past owners passed away and invited family members to come and see the house and offered to 42 let them plant a tree. 43 44 XIII. ADJOURNMENT. 45 19 City Council Regular Meeting Minutes September 10, 2024 Page 12 1 Motion by Councilmember Jenson, seconded by Councilmember Doolan to adjourn the meeting 2 at 9:05 p.m. 3 4 Motion carried 4-0. 5 6 7 Respectfully submitted, 8 Debbie Wolfe 9 TimeSaver Off Site Secretarial, Inc. 10 11 Mayor 12 ATTEST: 13 City Clerk 14 20 Saint Anthony Village DATE: September 24, 2024 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License Aaron Boyd’s Tree Service LLC, Shoreview, MN Mechanical Contractors License Mcquillan Home Services LLC, Maplewood, MN Professional Mechanical Services LLC, Big Lake, MN Residential Rental Licenses Applicant:Belden River Properties Location:2504 27th Ave NE Applicant:Belden River Properties Location:3104 32nd Ave NE Applicant:Belden River Properties Location:3540 Silver Lake Rd NE Applicant:Belden River Properties Location:2908 Silver Lake Ct NE Applicant:James Login Mcintosh Location:2501 Lowry Ave NE #208 Applicant:Joseph Anderson Location:2713 32nd Ave NE Applicant:Woodland Bay Properties Location:2608/2610 37th Ave NE 21 THIS PAGE LEFT INTENTIONALLY BLANK 22 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 9/11/2024 - 9/24/2024 Sep 19, 2024 12:46PM Vendor Number Payee Check Issue Date Amount 11792 INTERNATIONAL UNION LOCAL #49 09/13/2024 420.00 11793 LAW ENFORCEMENT LABOR SERVICES 09/13/2024 1,128.00 10002 LOCAL UNION IAFF #3486 09/13/2024 400.08 10710 MISSION SQUARE 09/13/2024 1,140.00 2054 SPIRAL BREWERY LLC 09/24/2024 342.00 1118 56 BREWING 09/24/2024 734.00 1122 AM CRAFTS SPIRITS 09/24/2024 30.53 13346 AMERICAN PUMP COMPANY 09/24/2024 334.64 1100 ARTISIAN BEER COMPANY 09/24/2024 9,092.93 12180 ARVIG CONSTRUCTION 09/24/2024 352.50 10115 ASPEN MILLS 09/24/2024 453.70 12677 ASSOCIATION FOR NONSMOKERS - MINNESOTA 09/24/2024 455.00 12049 BALD EAGLE SPORTSMEN'S ASSOCIATION 09/24/2024 400.00 10159 BEISSWENGER'S 09/24/2024 8.99 1013 BELLBOY CORPORATION 09/24/2024 2,684.02 1014 BELLBOY CORPORATION 09/24/2024 487.47 10172 BIFFS INC.09/24/2024 390.00 12882 BLAINE CUSTOM APPAREL & AWARDS 09/24/2024 27.74 1018 BREAKTHRU BEVERAGE MINNESOTA BEER LLC 09/24/2024 33,386.45 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS LL 09/24/2024 9,890.25 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS LL 09/24/2024 3,393.95 2014 BROKEN CLOCK BREWING 09/24/2024 105.00 13044 CAPITAL ONE TRADE CREDIT 09/24/2024 70.96 1017 CAPITOL BEVERAGE SALES 09/24/2024 7,315.05 10252 CENTERPOINT ENERGY 09/24/2024 1,901.19 10263 CENTURYLINK 09/24/2024 814.20 13402 CHARTER COMMUNICATIONS 09/24/2024 50.00 12596 CINTAS CORPORATION 09/24/2024 2,557.43 10299 CITY OF ST. PAUL 09/24/2024 147.60 13337 CL BENSEN CO., INC 09/24/2024 132.96 10308 CLAREY'S SAFETY EQUIPMENT 09/24/2024 2,983.20 13121 CLEARWAY COMMUNITY SOLAR LLC 09/24/2024 1,274.70 1042 CRYSTAL SPRINGS ICE 09/24/2024 455.76 10375 DALCO 09/24/2024 1,069.47 2049 Dangerous Man Brewing Co.09/24/2024 530.34 10432 DORSEY & WHITNEY 09/24/2024 12,194.00 13372 DUSK SYSTEMS LLC 09/24/2024 412.52 10468 ELECTRO WATCHMAN INC 09/24/2024 545.02 2042 ELM CREEK BREWING COMPANY 09/24/2024 284.00 13403 EROOF LLC 09/24/2024 519.35 2036 FALLING KNIFE BREWING CO 09/24/2024 782.00 10508 FERGUSON WATERWORKS 09/24/2024 258.08 10526 FLEETPRIDE 09/24/2024 4,201.48 10578 GOPHER STATE ONE CALL 09/24/2024 285.95 10585 GRAINGER 09/24/2024 379.80 13264 GRITTMAN CONSULTING LLC 09/24/2024 7,402.00 10607 HACH COMPANY 09/24/2024 677.04 13405 HANSEN BROS FENCE 09/24/2024 1,440.00 10624 HAWKINS INC 09/24/2024 30.00 10652 HENNEPIN COUNTY ACCOUNTS RECEIVABLE 09/24/2024 632.96 10661 HENNEPIN COUNTY TREASURER 09/24/2024 5,357.43 1019 HOHENSTEIN'S INC 09/24/2024 6,406.15 10684 HOME DEPOT CREDIT SERVICES 09/24/2024 395.47 23 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 9/11/2024 - 9/24/2024 Sep 19, 2024 12:46PM Vendor Number Payee Check Issue Date Amount 2044 INSIGHT BREWING COMPANY 09/24/2024 2,261.98 10733 INSTRUMENTAL RESEARCH, INC.09/24/2024 120.00 13408 INTER CITY WATER AND SEWER 09/24/2024 2,700.00 12105 INTERSTATE ALL BATTERY CENTER 09/24/2024 570.85 13052 JEFF BELZER'S ROSEVILLE 09/24/2024 58.01 1004 JOHNSON BROTHERS LIQUOR COMPANY 09/24/2024 4,051.51 1005 JOHNSON BROTHERS LIQUOR COMPANY 09/24/2024 1,520.50 1006 JOHNSON BROTHERS LIQUOR COMPANY 09/24/2024 10,426.91 1044 JOHNSON BROTHERS LIQUOR COMPANY 09/24/2024 6,472.06 10797 KONICA MINOLTA BUSINESS 09/24/2024 5,322.66 10816 LANGUAGE LINE SERVICES 09/24/2024 69.60 10831 LEAGUE OF MINNESOTA CITIES 09/24/2024 30.00 12894 LEAST SERVICE COUNSELING LLC 09/24/2024 180.00 2045 LIBATION PROJECT 09/24/2024 852.32 10861 LOFFLER COMPANIES - 131511 09/24/2024 349.67 2010 LUPULIN BREWING 09/24/2024 360.77 12659 MAGNACHARGE BATTERY USA INC 09/24/2024 54.41 10916 MENARDS LUMBER 09/24/2024 76.92 13241 METRO INET 09/24/2024 21,418.00 12940 MINNEHAHA BLDG MAINTENANCE 09/24/2024 76.95 10989 MINNESOTA HIGHWAY SAFETY AND 09/24/2024 525.00 13162 MNSPECT LLC 09/24/2024 12,488.69 2006 MODIST BREWING COMPANY 09/24/2024 980.27 1051 NEW FRANCE WINE COMPANY 09/24/2024 828.33 13060 NINENORTH 09/24/2024 1,020.20 13126 NORTH STAR CAR WASH 09/24/2024 320.00 13210 ODP BUSINESS SOLUTIONS LLC 09/24/2024 138.37 13247 OECS 09/24/2024 950.00 13316 OERTEL ARCHITECTS 09/24/2024 10,890.32 2038 OLIPHANT BREWING 09/24/2024 470.00 12112 OREILLY AUTO PARTS 09/24/2024 182.21 11185 PACE ANALYTICAL SERVICES INC.09/24/2024 825.00 1012 PAUSTIS & SONS 09/24/2024 1,487.25 1001 PHILLIPS WINE & SPIRITS 09/24/2024 2,267.81 1002 PHILLIPS WINE & SPIRITS 09/24/2024 3,239.71 11227 PLUNKETT'S 09/24/2024 1,033.53 11234 POND & LIGHTING DESIGNS, INC.09/24/2024 265.80 2019 PRYES BREWING COMPANY 09/24/2024 2,549.33 2047 RUE 38 LLC 09/24/2024 324.50 12470 SEITZ BROS PLUMBING 09/24/2024 1,635.00 2018 SMALL LOT WINES 09/24/2024 507.04 1024 SOUTHERN GLAZER'S OF MN 09/24/2024 4,945.91 1008 SOUTHERN GLAZER'S OF MN 09/24/2024 5,238.46 1026 SOUTHERN GLAZER'S OF MN 09/24/2024 9,606.79 1036 SOUTHERN GLAZER'S OF MN 09/24/2024 573.54 12760 SSI MN TRANCHE 1 LLC 10322006 09/24/2024 976.61 11457 ST ANTHONY VILLAGE CENTER LLC 09/24/2024 2,430.03 11465 ST. ANTHONY-NEW BRIGHTON 09/24/2024 52,175.56 11478 STAR TRIBUNE 09/24/2024 709.42 13178 STEVEN P CARLSON, ATTORNEY AT LAW PLLC 09/24/2024 5,000.00 13404 THE FIREPLACE GUY 09/24/2024 75.00 13393 THOMSON REUTERS - WEST PAYMENT CENTER 09/24/2024 170.00 11566 TIMESAVER OFF SITE SECRETARIAL 09/24/2024 1,527.75 24 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 9/11/2024 - 9/24/2024 Sep 19, 2024 12:46PM Vendor Number Payee Check Issue Date Amount 12702 TOKLE INSPECTIONS INC 09/24/2024 1,793.48 11586 TRACY PRINTING 09/24/2024 381.00 1098 TRADITION WINE & SPIRITS 09/24/2024 150.00 13401 TRANSUNION RISK & ALT. DATA SOLUTIONS 09/24/2024 4.80 11612 TWIN CITY JANITOR SUPPLY 09/24/2024 160.20 13046 TWIN CONSTRUCTION LLC 09/24/2024 400.00 11626 U.S. BANK (PURCHASING CARD)09/24/2024 8,619.36 2050 UDOFOT BEER & BEVERAGE CO.09/24/2024 675.00 11635 UNIQUE PAVING MATERIAL 09/24/2024 381.80 13407 UNIVERSAL SERVICES TELECOMMUNICATIONS 09/24/2024 2,000.00 2007 URBAN GROWLER 09/24/2024 274.50 12776 USS MINNESOTA ONE MT LLC 09/24/2024 6,348.42 11666 VAN DEN BOOM, PAUL 09/24/2024 125.00 2023 VENN BREWING CO 09/24/2024 512.00 11674 VERIZON WIRELESS 09/24/2024 377.64 11682 VIKING INDUSTRIAL CENTER 09/24/2024 102.60 1025 VINOCOPIA 09/24/2024 429.00 13406 VOYAGEUR CANNABIS SERVICES 09/24/2024 5,000.00 11692 W. L. HALL CO.09/24/2024 630.00 11693 W. W. GOETSCH ASSOCIATES, INC.09/24/2024 8,044.00 11933 WIMACTEL INC 09/24/2024 75.00 1038 WINE MERCHANTS INC 09/24/2024 751.30 1032 WINEBOW 09/24/2024 356.14 2022 WOODEN HILLS BREWERING 09/24/2024 197.10 11738 WSB & ASSOCIATES INC.09/24/2024 66,250.75 11740 XCEL ENERGY 09/24/2024 115.54 Grand Totals:414,648.54 25 THIS PAGE LEFT INTENTIONALLY BLANK 26 MEMORANDUM To:St. Anthony Village City Council From:Charlie Yunker, City Manager Date:September 24, 2024 City Council Meeting Request:Appointing Student Liaisons on the Planning and Parks and Environmental Commissions BACKGROUND The New Brighton-St. Anthony School District is in its seventh 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 appointments are September 2024 through July 2025. A student has been identified to participate in the Parks & Environmental Commission but the school has not been able to identify a student for Planning Commission at this time. If one becomes available, we will bring the recommendation to Council. RECOMMENDATION Staff recommends appointing Cece Cram as the Student Liaison to the Parks & Environmental Commission. 27 THIS PAGE LEFT INTENTIONALLY BLANK 28 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-061 A RESOLUTION CORRECTING SPECIAL ASSESSMENT LEVY INFORMATION WITH HENNEPIN COUNTY WHEREAS, the City of St. Anthony Village recently reviewed active special assessment files for projects from prior years; AND WHEREAS, recording errors were found in the transmission of parcel information and special assessments payment amounts to Hennepin County related to past projects. NOW THEREFORE BE IT RESOLVED that the corrections noted on the attached pages be transmitted to Hennepin County and that Hennepin County be directed to adjust its special assessments records to reflect these corrections; AND IT BE FURTHER RESOLVED that the Finance Director be authorized to refund to property owners any amounts that were collected in error on their property taxes as noted on the attached pages, as special assessment funds collected were forwarded by Hennepin County to the City of St. Anthony Village. Adopted this 24th day of September 2024. _________________________________________ Wendy Webster, Mayor ATTEST:____________________________ Jennifer Doyle, City Clerk Review for Administration: _________________________________________ Charlie Yunker, City Manager 29 Levy # 21262 - 2021 Street Project Mill Overlay Incorrect Parcels were originally certified as having unpaid special assessments Parcel #Property Owner Property Address Amount Originally Certified Amount that should have been certified Corrective Action 06-029-23-41-0061 Jamie/Andrea Voss 3417 31st Ave NE -$ 2,368.49$ Request Hennepin County to certify this assessment against this property with same terms as the original assessment 1. Request Hennepin County to remove this assessment from their special assessment files and no longer assess to property taxes 2. Authorize Finance Director to reimburse property owner for principal, interest and fees placed on property taxes for 2022, 2023 and 2024, totaling $935.56 06-029-23-41-0057 Robert Brown 3100 Croft Dr NE -$ 1,184.25$ Request Hennepin County to certify this assessment against this property with same terms as the original assessment 1. Request Hennepin County to remove this assessment from their special assessment files and no longer assess to property taxes 2. Authorize Finance Director to reimburse property owner for principal, interest and fees placed on property taxes for 2022, 2023 and 2024, totaling $471.53 1. Request Hennepin County to remove this assessment from their special assessment files and no longer assess to property taxes 2. Authorize Finance Director to reimburse property owner for principal, interest and fees placed on property taxes for 2022, 2023 and 2024, totaling $496.22 Levy # 18813 - 2014 Street Improvement Project 2021 Payoff of Assessment not forwarded to Hennepin County Parcel #Property Owner Property Address Amount Originally Certified Corrective Action Cole/Kayla Salewski (11/21-7/24)1. Request Hennepin County to remove this assessment from their special assessment files and no longer assess to property taxes Daniel/Emily Taylor (7/24 - ) 2. Authorize Finance Director to reimburse former property owner (Salweski) for principal, interest and fees placed on property taxes for 2022, 2023 and 2024, totaling $1,700.51, as assessment was cleared during 2021 sale to Salweski. 06-029-23-12-0021 3616 Penrod Ln NE 6,356.10$ -$ 06-029-23-41-0059 Joseph Sevick, et al 3505 31st Ave NE 2,368.49$ -$ 06-029-23-41-0041 Barbara Huso Trust 3101 Croft Dr NE 2,368.49$ -$ 07-029-23-21-0034 Adrienne Johnson 2708 29th Ave NE 1,247.21$ -$ 30 PAGE | 1 OF 1 MEMORANDUM To:St. Anthony Village City Council From:Charlie Yunker, City Manager Date:September 24, 2024 City Council Meeting Request:Approval of Water Treatment Plant Backup Generator Repair BACKGROUND On May 27, 2024 the city experienced a substantial power outage due to the effects of a thunderstorm. The outage triggered the generator that supplies backup power to the Water Treatment Plant, City Hall, Community Services, and the Police Department to energize, as intended. Public Works was notified of the power outage when the alarms at the Water Treatment Plant were activated and responded to the site. The generator ran for approximately one hour with no indications of any complications. On June 4, 2024 Public Works conducted their monthly routine inspection of the generator and found a substantial amount of coolant on the floor of the generator housing. Cummins, the generator supplier and repair service provider, was contacted and visited the site. The technician confirmed the coolant supply hose failed, causing the generator’s motor to run with no coolant. This caused a complete failure of the unit and major repairs are needed. Staff immediately arranged for a temporary generator to be rented to provide back-up power for the Water Treatment Plant. In addition, a city-owned generator was placed at the Community Center to provide back-up power for that building. These have been utilized a few times over the summer. A representative from J.C. Malee & Associates via The League of Minnesota Cities Insurance Trust (LMCIT) performed an evaluation of the generator, reviewed service records, and spoke with city and Cummins staff. The LMCIT responded with a payment recommendation in the amount of $249,733.74, matching the amount quoted by Cummins to perform the repairs. It was determined a replacement engine would cost more than repairs and is currently not available and that a used/refurbished engine is not available for less than the rebuild. Insurance will cover the cost of the repair minus the City’s deductible of $2,500.00 when a signed contract is provided. Costs for the temporary generator will be covered under the policy as well once it is taken offline. RECOMMENDATION The staff recommends approval of the backup generator repair. ATTACHMENTS: Contractor’s quote Resolution 24-062 31 12-JUN-2024 650GFLB 650.0GFLB ONAN STANDBY SYSTEM12-JUN-2024 X16K473702 COMPLAINT CAUSE CORRECTION COVERAGE REMARK THIS IS AN ESTIMATE FOR A SERVICE CALL ON YOUR BACK UP GENERATOR. DURING LAST SERVICE CALL ON 6/4/24, TECH FOUND ENGINE HAD INTERNAL FAILURE, NEEDS TO BE REBUILT ORIGINAL WO #364827 KLINDWORTH POC TOM 612-240-1718 INTERNAL ENGINE FAILURE NEEDS TO BE REBUILT NOT WARRANTABLE IF YOU WOULD LIKE TO APPROVE THE ATTACHED ESTIMATE, PLEASE SIGN AND RETURN TO ERIC.SURINE@CUMMINS.COM OR FAX TO (651)286-2194. IF PURCHASE ORDER IS REQUIRED, PLEASE SEND ALONG WITH SIGNED ESTIMATE IF YOU HAVE ANY QUESTIONS PLEASE DON'T HESITATE TO CALL ME. THANK YOU FOR CHOOSING CUMMINS FIELD SERVICE. **NOTE TO CUSTOMER: THIS QUOTE IS AN ESTIMATE AND MAY BE MORE OR LESS THAN THE QUOTED AMOUNT. *ALSO, NO OVERTIME IS BUILT INTO THIS QUOTE. IF MORE TIME IS SPENT ON SITE THAN PLANNED FOR, OVER TIME RATES (FOR LABOR & TRAVEL) MAY APPLY. CITY OF ST ANTHONY VILLAGE 3301 SILVER LAKE ROAD ST ANTHONY, MN 55418- Billing Inquiries? Call (877)480-6970 17609 365108 ST ANTHONY WTP 3305 SILVER LAKE ROAD ST ANTHONY, MN 55418-*** CHARGE *** ESTIMATE ST PAUL MN BRANCH 1600 BUERKLE ROAD WHITE BEAR LAKE, MN 55110-0000 1 THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. Payment terms are 30 days from invoice date unless otherwise agreed upon in writing. Remit to: Cummins Sales and Service PO Box 772639 Detroit, MI 48277-2639 TO PAY ONLINE LOGON TO customerpayment.cummins.com (651)636-1000 AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ PAGE OF INVOICE NO OWNERBILL TO X16K473702OSN/MSN/VIN JEREMY GUMKE - 612 2401718 Completion date : 13-Jun-2024 10:15AM. Estimate expires : 12-Jul-2024 10:15AM. 16 16 0 0 KIT,LINER HEAD,CYLINDER CECO DRC 649.48 3,926.53 10,391.68 62,824.48 3007525 3646313RX 6 32 TERMS AND CONDITIONS These terms and conditions ('Terms and Conditions'), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) (""Goods"") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair (""Service(s)"") on the equipment identified in the Quote and/or Invoice (""Equipment""), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ('Quote Validation Period'). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance. 2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment. 3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer. 4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice. 5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customer-owned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either: (i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins. 6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP. 7. LIMITED WARRANTIES. New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement. Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply. HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement." General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (""Warrantable Defect""), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods. Used Goods: Used Goods are sold ""as is, where is"" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase. THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. 8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the ""Claims""), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense. 9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS? LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER?S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 10. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the court of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience. 13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins. 14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach. 16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ('Shipment Date') or, in the case of Services, the date of performance ('Performance Date'), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins' control. 18. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof. 19. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 33 12-JUN-2024 650GFLB 650.0GFLB ONAN STANDBY SYSTEM12-JUN-2024 X16K473702 CITY OF ST ANTHONY VILLAGE 3301 SILVER LAKE ROAD ST ANTHONY, MN 55418- Billing Inquiries? Call (877)480-6970 17609 365108 ST ANTHONY WTP 3305 SILVER LAKE ROAD ST ANTHONY, MN 55418-*** CHARGE *** ESTIMATE ST PAUL MN BRANCH 1600 BUERKLE ROAD WHITE BEAR LAKE, MN 55110-0000 2 THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. Payment terms are 30 days from invoice date unless otherwise agreed upon in writing. Remit to: Cummins Sales and Service PO Box 772639 Detroit, MI 48277-2639 TO PAY ONLINE LOGON TO customerpayment.cummins.com (651)636-1000 AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ PAGE OF INVOICE NO OWNERBILL TO X16K473702OSN/MSN/VIN JEREMY GUMKE - 612 2401718 Completion date : 13-Jun-2024 10:15AM. Estimate expires : 12-Jul-2024 10:15AM. 16 -16 16 16 32 16 32 16 16 16 16 2 2 16 1 1 2 8 5 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 HEAD,CYLINDER HEAD,CYLINDER PISTON,ENGINE KIT,PISTON RING RING,RETAINING PIN,PISTON BEARING,CONNECTING ROD ROD,ENGINE CONNECTING SEAL,O RING SEAL,O RING GASKET,ROCKER LEVER COVER ROD,PUSH CROSSHEAD,VALVE GASKET,RKR LEVER HOUSING LEVER,ROCKER LEVER,ROCKER GASKET,COVER PLATE GASKET,HAND HOLE LF PKG GASKET,LUB OIL FIL COVER GASKET,FILTER HEAD CLEAN DIRTY CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO FLG CECO CECO 405.00 405.00 1,277.67 96.44 6.69 159.33 84.02 1,713.15 8.77 13.55 25.26 125.25 201.98 21.37 179.44 160.03 62.31 100.23 33.31 15.05 157.76 6,480.00 - 6,480.00 20,442.72 1,543.04 214.08 2,549.28 2,688.64 27,410.40 140.32 216.80 404.16 250.50 403.96 341.92 179.44 160.03 124.62 801.84 166.55 15.05 315.52 3392037D 3392037D 3235861 5406203 205269 4095009 3650900 3632225 3010510 3394581 4920076 3057139 3086362 4959090 3414036 4020277 3648607 3642347 LF3325 3629141 3643837 ORDERED ITEM 4352283 CECO 6 34 TERMS AND CONDITIONS These terms and conditions ('Terms and Conditions'), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) (""Goods"") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair (""Service(s)"") on the equipment identified in the Quote and/or Invoice (""Equipment""), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ('Quote Validation Period'). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance. 2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment. 3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer. 4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice. 5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customer-owned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either: (i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins. 6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP. 7. LIMITED WARRANTIES. New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement. Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply. HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement." General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (""Warrantable Defect""), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods. Used Goods: Used Goods are sold ""as is, where is"" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase. THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. 8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the ""Claims""), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense. 9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS? LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER?S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 10. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the court of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience. 13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins. 14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach. 16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ('Shipment Date') or, in the case of Services, the date of performance ('Performance Date'), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins' control. 18. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof. 19. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 35 12-JUN-2024 650GFLB 650.0GFLB ONAN STANDBY SYSTEM12-JUN-2024 X16K473702 CITY OF ST ANTHONY VILLAGE 3301 SILVER LAKE ROAD ST ANTHONY, MN 55418- Billing Inquiries? Call (877)480-6970 17609 365108 ST ANTHONY WTP 3305 SILVER LAKE ROAD ST ANTHONY, MN 55418-*** CHARGE *** ESTIMATE ST PAUL MN BRANCH 1600 BUERKLE ROAD WHITE BEAR LAKE, MN 55110-0000 3 THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. Payment terms are 30 days from invoice date unless otherwise agreed upon in writing. Remit to: Cummins Sales and Service PO Box 772639 Detroit, MI 48277-2639 TO PAY ONLINE LOGON TO customerpayment.cummins.com (651)636-1000 AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ PAGE OF INVOICE NO OWNERBILL TO X16K473702OSN/MSN/VIN JEREMY GUMKE - 612 2401718 Completion date : 13-Jun-2024 10:15AM. Estimate expires : 12-Jul-2024 10:15AM. 1 1 1 4 4 8 16 1 2 1 2 1 1 2 8 4 16 32 6 16 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PLUNGER,PRS REGULATOR PLUNGER,PRS REGULATOR BODY,BYPASS VALVE CORE,COOLER GASKET,WATER HEADER COVER NUT,LOCK SEAL,O RING GASKET,CONNECTION LOCKPLATE PUMP,LUBRICATING OIL SEAL,RECTANGULAR RING GASKET,OIL PAN GASKET,OIL PAN GASKET,OIL PAN GASKET,CONNECTION GASKET,CONNECTION GASKET,INTAKE MANIFOLD SEAL,RECTANGULAR RING GASKET,WTR TRF CONNECTION GASKET,EXHAUST MANIFOLD GASKET,EXHAUST MANIFOLD CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO 257.32 131.54 628.28 598.55 315.35 7.70 4.08 8.00 11.10 11,908.35 85.55 2,045.46 123.42 50.02 17.79 19.51 8.11 7.40 10.57 22.81 6.90 257.32 131.54 628.28 2,394.20 1,261.40 61.60 65.28 8.00 22.20 11,908.35 171.10 2,045.46 123.42 100.04 142.32 78.04 129.76 236.80 63.42 364.96 69.00 3627927 3021618 3028552 3635074 5278644 3645029 212161 5542669 151355 3634643 3026391 3641727 3043214 3043211 3179027 3179026 206277 3014304 3015545 3037821 3175908 6 36 TERMS AND CONDITIONS These terms and conditions ('Terms and Conditions'), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) (""Goods"") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair (""Service(s)"") on the equipment identified in the Quote and/or Invoice (""Equipment""), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ('Quote Validation Period'). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance. 2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment. 3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer. 4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice. 5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customer-owned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either: (i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins. 6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP. 7. LIMITED WARRANTIES. New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement. Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply. HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement." General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (""Warrantable Defect""), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods. Used Goods: Used Goods are sold ""as is, where is"" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase. THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. 8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the ""Claims""), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense. 9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS? LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER?S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 10. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the court of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience. 13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins. 14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach. 16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ('Shipment Date') or, in the case of Services, the date of performance ('Performance Date'), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins' control. 18. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof. 19. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 37 12-JUN-2024 650GFLB 650.0GFLB ONAN STANDBY SYSTEM12-JUN-2024 X16K473702 CITY OF ST ANTHONY VILLAGE 3301 SILVER LAKE ROAD ST ANTHONY, MN 55418- Billing Inquiries? Call (877)480-6970 17609 365108 ST ANTHONY WTP 3305 SILVER LAKE ROAD ST ANTHONY, MN 55418-*** CHARGE *** ESTIMATE ST PAUL MN BRANCH 1600 BUERKLE ROAD WHITE BEAR LAKE, MN 55110-0000 4 THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. Payment terms are 30 days from invoice date unless otherwise agreed upon in writing. Remit to: Cummins Sales and Service PO Box 772639 Detroit, MI 48277-2639 TO PAY ONLINE LOGON TO customerpayment.cummins.com (651)636-1000 AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ PAGE OF INVOICE NO OWNERBILL TO X16K473702OSN/MSN/VIN JEREMY GUMKE - 612 2401718 Completion date : 13-Jun-2024 10:15AM. Estimate expires : 12-Jul-2024 10:15AM. 8 24 2 4 2 1 1 1 2 1 1 1 2 2 2 30 2 4 2 2 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SLEEVE SCREW,TWELVE POINT CAP MANIFOLD,EXHAUST MANIFOLD,EXHAUST MANIFOLD,EXHAUST GASKET,FLANGE SEAL,O RING HOSE,PLAIN GASKET,WTR TRF CONNECTION GASKET,WATER PUMP GASKET,SUPPORT GASKET,WATER PUMP SEAL,O RING SEAL,O RING SEAL,O RING SEAL,O RING GASKET,CONNECTION GASKET,TURBOCHARGER GASKET,TURBOCHARGER GASKET,THERMOSTAT HOUSING SEAL,THERMOSTAT CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO CECO 139.08 15.65 3,596.03 4,358.66 4,339.01 16.90 21.45 132.74 10.57 12.64 15.71 8.79 26.50 13.34 7.20 5.09 6.94 10.42 14.74 11.46 37.52 1,112.64 375.60 7,192.06 17,434.64 8,678.02 16.90 21.45 132.74 21.14 12.64 15.71 8.79 53.00 26.68 14.40 152.70 13.88 41.68 29.48 22.92 150.08 206557 206326 3628659 3628658 3628657 3050944 3647993 60985 207535 206193 206416 206455 206457 3007512 69760 3028291 201048 206576 3709749 206443 3627961 6 38 TERMS AND CONDITIONS These terms and conditions ('Terms and Conditions'), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) (""Goods"") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair (""Service(s)"") on the equipment identified in the Quote and/or Invoice (""Equipment""), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ('Quote Validation Period'). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance. 2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment. 3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer. 4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice. 5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customer-owned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either: (i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins. 6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP. 7. LIMITED WARRANTIES. New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement. Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply. HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement." General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (""Warrantable Defect""), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods. Used Goods: Used Goods are sold ""as is, where is"" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase. THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. 8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the ""Claims""), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense. 9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS? LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER?S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 10. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the court of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience. 13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins. 14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach. 16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ('Shipment Date') or, in the case of Services, the date of performance ('Performance Date'), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins' control. 18. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof. 19. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 39 12-JUN-2024 650GFLB 650.0GFLB ONAN STANDBY SYSTEM12-JUN-2024 X16K473702 CITY OF ST ANTHONY VILLAGE 3301 SILVER LAKE ROAD ST ANTHONY, MN 55418- Billing Inquiries? Call (877)480-6970 17609 365108 ST ANTHONY WTP 3305 SILVER LAKE ROAD ST ANTHONY, MN 55418-*** CHARGE *** ESTIMATE ST PAUL MN BRANCH 1600 BUERKLE ROAD WHITE BEAR LAKE, MN 55110-0000 5 THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. Payment terms are 30 days from invoice date unless otherwise agreed upon in writing. Remit to: Cummins Sales and Service PO Box 772639 Detroit, MI 48277-2639 TO PAY ONLINE LOGON TO customerpayment.cummins.com (651)636-1000 AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ TAX EXEMPT NUMBERS: PAGE OF INVOICE NO OWNERBILL TO X16K473702OSN/MSN/VIN JEREMY GUMKE - 612 2401718 Completion date : 13-Jun-2024 10:15AM. Estimate expires : 12-Jul-2024 10:15AM. 4 1 16 1 16 16 65 200 84 84 36 36 36 10 10 16 8 8 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 THERMOSTAT GASKET,WTR TRF CONNECTION GASKET,CAM FOL HOUSING KIT,MAIN BEARING PLUG,SPARK WIRE,SPARK PLUG FLEETCOOL EX, EG BULK, GA PB 1 S GN2 15W40 1-QT 1 FEDERAL HOSE (INCH) 5/8FEDERAL HOSE(INCH) 3 FEDERAL HOSE (INCH) 1 1/2FEDERAL HOSE (INCH) 2 FEDERAL HOSE (INCH) CLAMP, WORM 1.56-2.50 CLAMP, WORM 1.25-2.00 CLAMP, WORM 1.00-1.50 CLAMP, WORM .88-1.25 CLAMP, WORM .75-1.06 CLAMP, WORM .63-.88 CLAMP PKGR CECO CECO CECO CECO CECO CECO FLG VALVOLINE C1-OTHER C1-OTHER C1-OTHER C1-OTHER C1-OTHER C1-OUTSIDE6 C1-OUTSIDE6 C1-OUTSIDE6 C1-OUTSIDE6 C1-OUTSIDE6 C1-OUTSIDE6 FLG 220.80 102.42 15.38 3,476.46 95.74 569.23 9.07 4.37 .91 .77 2.05 1.16 1.49 1.80 2.10 1.50 2.46 1.77 1.32 12.55 883.20 102.42 246.08 3,476.46 1,531.84 9,107.68 589.55 874.00 76.44 64.68 73.80 41.76 53.64 18.00 21.00 24.00 19.68 14.16 10.56 100.40 3629205 3649463 3040721 3018210 4090121 5560908 CC2743 C891001QT 5515-1000 5515-0625 5515-3000 5515-1500 5515-2000 14990-32 14990-24 14990-16 14990-12 14990-10 14990-06 3316656-S 204,704.02PARTS: 6 40 TERMS AND CONDITIONS These terms and conditions ('Terms and Conditions'), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) (""Goods"") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair (""Service(s)"") on the equipment identified in the Quote and/or Invoice (""Equipment""), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ('Quote Validation Period'). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance. 2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment. 3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer. 4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice. 5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customer-owned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either: (i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins. 6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP. 7. LIMITED WARRANTIES. New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement. Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply. HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement." General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (""Warrantable Defect""), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods. Used Goods: Used Goods are sold ""as is, where is"" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase. THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. 8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the ""Claims""), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense. 9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS? LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER?S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 10. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the court of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience. 13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins. 14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach. 16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ('Shipment Date') or, in the case of Services, the date of performance ('Performance Date'), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins' control. 18. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof. 19. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 41 12-JUN-2024 650GFLB 650.0GFLB ONAN STANDBY SYSTEM12-JUN-2024 X16K473702 CITY OF ST ANTHONY VILLAGE 3301 SILVER LAKE ROAD ST ANTHONY, MN 55418- LOCAL 0.00 Billing Inquiries? Call (877)480-6970 249,733.74 249,733.74 0.00 17609 365108 ST ANTHONY WTP 3305 SILVER LAKE ROAD ST ANTHONY, MN 55418-*** CHARGE *** ESTIMATE ST PAUL MN BRANCH 1600 BUERKLE ROAD WHITE BEAR LAKE, MN 55110-0000 6 THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. Payment terms are 30 days from invoice date unless otherwise agreed upon in writing. Remit to: Cummins Sales and Service PO Box 772639 Detroit, MI 48277-2639 TO PAY ONLINE LOGON TO customerpayment.cummins.com (651)636-1000 TOTAL AMOUNT: US $ AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ SUB TOTAL: TOTAL TAX: PAGE OF INVOICE NO OWNERBILL TO X16K473702OSN/MSN/VIN SIGN UP FOR AUTO EMAIL OF INVOICES AND CREDITS AT HTTP://CUSTOMERPAYMENT.CU MMINS.COM JEREMY GUMKE - 612 2401718 Completion date : 13-Jun-2024 10:15AM. Estimate expires : 12-Jul-2024 10:15AM. ROAD MILEAGE FS PG FREIGHT 142.20 400.00 SURCHARGE TOTAL: 0.00 PARTS COVERAGE CREDIT: LABOR COVERAGE CREDIT: TRAVEL COVERAGE CREDIT: MISC. COVERAGE CREDIT: TOTAL PARTS: TOTAL LABOR: TOTAL TRAVEL: TOTAL MISC.: 42,743.12 1,744.40 542.20 0.00 0.00 0.00 0.00 204,704.02 42,743.12 1,744.40 542.20 LABOR: TRAVEL: MISC.: CR CR CR CR 6 42 TERMS AND CONDITIONS These terms and conditions ('Terms and Conditions'), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) (""Goods"") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair (""Service(s)"") on the equipment identified in the Quote and/or Invoice (""Equipment""), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ('Quote Validation Period'). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance. 2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment. 3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer. 4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice. 5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. In the event Customer fails to pick-up Equipment, Customer-owned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either: (i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins. 6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP. 7. LIMITED WARRANTIES. New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement. Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply. HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement." General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (""Warrantable Defect""), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods. Used Goods: Used Goods are sold ""as is, where is"" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase. THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. 8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the ""Claims""), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense. 9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS? LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER?S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 10. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the court of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience. 13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins. 14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach. 16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ('Shipment Date') or, in the case of Services, the date of performance ('Performance Date'), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins' control. 18. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof. 19. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 43 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-0xx A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT FOR BACKUP GENERATOR REPAIRS WITH CUMMINS, INC. ON BEHALF OF THE CITY OF ST. ANTHONY WHEREAS,the St. Anthony’s backup generator is in need of significant repairs; and WHEREAS,Cummins Inc has submitted a quote for those repairs in the amount of $249,733.74; and WHEREAS,The League of Minnesota Cities Insurance Trust has approved this amount as submitted under an insurance claim with the City’s payment of the $2,500.00 deductible once the agreement with Cummins has been signed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that the authorizes the City Manager to sign an agreement with Cummins, Inc for the repair of the City’s back up generator. Adopted this 24th day of September, 2024. _____________________________ Wendy Webster, Mayor ATTEST:____________________________ Jennifer Doyle, City Clerk Reviewed for administration:______________________________ Charlie Yunker, City Manager 44 MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting – September 24, 2024 GC Project No.140.01 – 24.05 Request:Request for an amendment to a Planned Unit Development in a PUD, Planned Unit Development District Property Address:2401 Lowry Avenue NE Property PID:07-029-23-23-0002 PROPOSED COUNCIL ACTION The City Council has before it the consideration of a proposed amendment to the Planned Unit Development District approval at 2401 Lowry Ave. NE. The original PUD District anticipated development of a 76 unit multi-family project, with an expectation that the proposed project would be a “market-rate affordable” project based on the developer’s description of the project. That project did not go forward, as described more fully below. The applicants have purchased the subject property, and propose to develop the site under an amendment to the PUD, incorporating changes to the original proposed land use, and a variety of alterations to the building, primarily interior. The Planning Commission held a public hearing on the request at its regular meeting on August 20, 2024. Additional information on the hearing and the Planning Commission recommendations are also included in the material below. The Commission’s recommendation of approval was accompanied by a series of conditions, some of which were added by the Commission as a part of its discussion, and deleting some conditions proposed by staff to which the applicants expressed opposition. Staff’s recommendation is to reincorporate the original staff conditions, and add the conditions included by the Planning Commission. If acceptable to the Council, action by the Council would be as follows: Approval of Resolution 24-063 approving an amendment to the Planned Unit Development District at 2401 Lowry Avenue NE, based on the findings of fact in the staff report for this date, and incorporating the conditions of approval in said resolution. 45 September 24th, 2024 Page 2 PROJECT BACKGROUND AND TIMELINE The Applicants are seeking an amendment to an approved Planned Unit Development to modify the land use and site plan approvals that were granted under the original PUD project. The site is the former Bremer Bank facility at the northeast corner of Kenzie Terrace and Stinson Parkway, with an address of 2401 Lowry. The parcel is just under 2 acres in size. June, 2024. The Planning Commission originally held a public hearing to consider the application on June 18, 2024. At the time, the applicants had described their request as consisting of the conduct of after-school programming and office uses in the existing building. They indicated that the building itself would not be remodeled on the exterior. Interior remodeling would consist primarily of modifications to create an activity space in support of the after-school programming. The applicants suggested that one floor of the building would remain unused at the current time. No changes to the existing site plan were envisioned. The proposed change would alter the approved PUD ordinance by replacing the expected 76- unit multiple-family residential use with a proposed office use and after-school program for school-aged children. The site plan approvals under the approved PUD would be altered to retain the existing building and site improvements, which largely consist of paved parking lot serving the original bank facility. At the public hearing in June, the applicants expanded on their description of the uses of the building, which included testimony that a variety of language and other academic classes would be provided, as well as technical training in various disciplines. The Planning Commission discussed the merits of the proposed use, and how it compared to the Comprehensive Plan objectives for the site, as well as to the intent of the existing PUD zoning, which anticipated housing that was designed to be affordable to low and moderate income tenants. The rezoning ordinance recognized the change from commercial to residential use, incorporating the approved site and development plans for the multi-family project, as referenced the R-4 zoning district (the City’s multi-family zoning district) as the reference district for performance standards not specifically identified in the approved PUD. The 2040 Comprehensive Plan calls for mixed residential and commercial uses in the area. The Land Use Plan expected a continuation of the commercial land use pattern on this site, but included language that accommodates the conversion of commercial land to residential when the specific site and other needs – including affordable housing goals – supported the change. It was this set of policy considerations that led to the City’s participation in a multi-site PUD approval that included this property. That PUD (the current controlling zoning) shifted the Bremer Bank location to a site owned by the City, which was originally acquired for redevelopment, with the goal being affordable housing. In turn, the housing objective was shifted to the site currently under consideration, thus the multi-family project approved there. 46 September 24th, 2024 Page 3 The Planning Commission ultimately voted to recommend against the proposed amendment in a split vote. Favorable votes included comments that the use was a valuable one for the neighborhood and community at large, among others. Votes against the amendment cited concerns over an inadequate description of the project plans, the loss of the opportunity for affordable housing on the site, and concerns over the loss of taxable land, presuming that the new owner would put the property to a tax-exempt land use. July, 2024. After the Planning Commission’s June hearing, the applicants provided additional information to staff, supplementing their request on July 1, 2024 to more fully describe the proposed use, and address certain concerns raised by the Commission. The applicants asked to delay the project’s consideration by the City Council to allow this additional information to be reviewed. It was determined that the additional information constituted a substantive change to the understanding of the project proposal, and that the project as now understood was not fully noticed in the initial hearing. As such, staff notified the applicants that the project needed to return to a new public hearing before the Planning Commission. The applicants provided additional written documentation on the proposed amendment as a part of that new schedule. As now described, the proposed application would reintroduce administrative offices for internal use, as well as commercial office uses available to private tenants/lessees. Finally, the use of the building would include community center uses of various types. Prominent among these would be both the original after-school programming as previously proposed, although other uses may include farmer’s markets, community fairs, or similar outdoor events. Most significantly, the building will utilize the multi-purpose facility for religious institutional use, including daily prayer and religious services open to the community throughout the day and week. The applicants also supplemented their application with a new site plan drawing that indicated the conversion of a portion of the property (previously used as a bank drive-through) to now include an outdoor play/recreation space, and reconfiguring the otherwise fully paved parking area to add green space. August, 2024. The applicants submitted a PowerPoint presentation at the August 20 public hearing. At that hearing, the Commission heard from staff and the applicants, as well as a number of members of the public. The public commenters were mixed in their support of the proposal, with a number in favor based generally on the purposes and benefits of the Tibyan organization and what it would bring to the community, and others expressing opposition, primarily due to concerns over the capacity of the site to handle the traffic and parking needs on site. Other concerns related to information related to subsurface environmental contamination. The Commission discussed the proposal extensively, including the discussion and aspects raised by members of the public. The Commission asked about the Staff recommendation, and why it had changed from the original June review to the August review. Staff noted that for the 47 September 24th, 2024 Page 4 original application, the request was clearly outside of the PUD land use ordinance that controls the site. Changing the eligible uses was a policy decision that the City should make, and staff offered reasons that the City might both approve such a change, or reject it. However, the August review included a change in the proposed principal land use (thus resetting the applicable timelines for City consideration of the matter). The new use was best described as a religious institution, with ancillary accessory uses. As a religious institution, it is an acceptable land use in a residential district. In this case, the R-4, multi-family district underlies the PUD overlay. As such, it is staff’s opinion that the proposed use is appropriate under the current PUD designation (the PUD Ordinance incorporates the uses of the R-4 District). Thus, staff’s recommendation changed to approval. Under this land use scenario, the primary issues in the PUD become the building and site alterations, since the PUD ordinance also adopts the site plan approved for the prior multi- family proposal. Staff’s recommendation included a series of conditions related to site conditions, and requesting verification of aspects of the use. Ultimately, the Planning Commission recommended approval of the PUD amendment, with changed conditions from those of staff. Staff continues to recommend incorporation of the original conditions as with any PUD, flexibility in site use and other aspects of development from the City’s standard zoning requirements is to be offset by site improvements and project amenities that result in a project that furthers the City’s land use goals and objectives. Without the site improvements suggested by staff (and originally conceptually offered by the applicants), the site would remain in a condition that is not consistent with the City’s standards. STAFF RECOMMENDATION In the initial application, the issue for the City was whether the PUD zoning and the Development Agreement governing the land use on the site should be amended to incorporate a use that was not contemplated by the original PUD approval. The amended application expands the proposed use of the site, and – while it varies from the original PUD – the principal use is within realm of the uses written in to the Kenzie Terrace PUD District. Staff believes that the proposed land uses on the site are consistent with the underlying land use planning for this area, and subject to site plan notes and appropriate amendments to the zoning district, allowable under the PUD Zoning. While the applicants have added additional clarity to the proposed use and provided a concept site plan that suggests additional green space on the mostly-impervious site, there are a number of modifications or supplemental elements that should be incorporated into any recommendation for the PUD amendment. Those modifications include the following: 1.Provide information on staffing during religious services in the multi-purpose room, and scale the capacity of the assembly to match the remaining available parking on the site, at the rate of 2.5 persons per parking space. 48 September 24th, 2024 Page 5 2.Provide an interior floor plan schematic that shows the planned multi-purpose space, and how assembly capacity will be controlled to meet the maximum imposed by the parking supply. 3.Close the westerly of the two access driveways to Kenzie Terrace, and add green space and landscaping to replace the driveway removal. 4.Provide a more detailed landscaping plan that identifies the proposed planting materials in the illustrated green spaces on the site, as well as the existing green spaces at the perimeter of the site, including a maintenance plan for improving those overgrown areas. (The applicants asked that this condition be waived due to considerations over cost). 5.Provide information on the outdoor play area, including surfacing, amenities or structures in the play area, and method of separation from the adjacent driveway (fencing, etc.). (The applicants asked that this condition be waived due to considerations over cost). To these conditions, the Planning Commission added the following: 6.Preparation of a traffic and parking impact assessment, identifying the peak capacity of the site during busy periods, and how the site would accommodate both traffic distribution and parking needs. This assessment needs to incorporate the requirements of Hennepin County related to changes to use and access to Kenzie Terrace, a County jurisdiction roadway. 7.Information documenting environmental conditions on the property, and how the applicants propose to address those conditions given the proposes uses and changes to the site and/or building. To recommend approval of the amendment, the Planning Commission should consider findings such as the following, and others generated by the discussion and public hearing: 1.The land use plan chapter of the 2040 Comprehensive Plan identifies the site for Commercial Uses. 2.The 2040 Comprehensive Plan includes a variety of mixed use opportunities on Commercial property. 3.The current Kenzie Terrace PUD District references the R-4 District for alternatives to the approved PUD plans. 4.The R-4 District includes religious assembly uses as an allowed use, and by extension, these uses are allowable in the Kenzie Terrace PUD District. 5.The proposed use is a reasonable adaptive re-use of an existing vacant building and property. 6.Religious Assembly uses are commonly found in residential areas of the City, similar to the mixed residential neighborhoods near the proposed site. 7.The site is located on major roadways supporting traffic volumes generated by the property. 8.The applicant’s proposal provides an important service to the community at large, and justifies the departure from the original PUD goals. 49 September 24th, 2024 Page 6 Following the August 20 Planning Commission meeting, the applicants met with staff to discuss the conditions. Staff indicated that the supplemental information requested by the Commission should be submitted at least one week prior to the Council meeting at which the item would be considered. The applicant sought a deferral to the September 24th meeting for time to complete the additional information. The Applicants provided supplemental materials intending to address the conditions recommended by Planning Commission. Staff will have additional review comments available prior to the scheduled Council meeting on September 24. GENERAL INFORMATION Applicant:Stan Ross o/b/o Tibyan Community Center Owner:Kenzie Multifamily LLC Location:2401 Lowry Avenue NE Existing Land Uses:Site in Question: Vacant Office Building Property to North:Senior Multi-Family Residential Property to East:Manufactured Home Park Property to West:Low Density Residential (Minneapolis-Stinson Pkwy) Property to South:Mixed Commercial (Kenzie Terrace) Zoning:PUD, Kenzie Terrace Planned Unit Development District Deadline for Agency Application Complete Date: July 1, 2024 Action:60 Days: August 30, 2024 Extension Letter Sent:July 3, 2024 120 Days:October 29, 2024 ANALYSIS Zoning Map 50 September 24th, 2024 Page 7 As noted above, the applicant seeks to amend the approved PUD on the site. The property is zoned PUD, Planned Unit Development, and the applicant is proposing to use the property for a variety of office and after-school program purposes, as well as a space for daily prayer and regular religious services. Aerial Photo from Hennepin County Property Information Land Use – Principal Use. Religious services are identified as a principal use in the City’s Zoning Ordinance, and included in the definition of “Assembly” uses. Religious Institution/Place of Worship land uses are listed as a Conditional Use in most of the Residential zoning districts (including the R-4 District). The PUD District that applies to this site includes reference to the R-4 District. The applicable Kenzie Terrace PUD District language is quoted below: (4) Kenzie Terrace PUD Overlay District (a) Purpose. The purpose of the Kenzie Terrace PUD Overlay District is to provide for the development of certain real estate subject to the Overlay District for commercial and high-density residential land uses. (b) Permitted Uses. Permitted principal uses in the [Kenzie Terrace]* PUD District shall be those uses as found in the R-4, Multiple Family Residential District of the St. Anthony Zoning Ordinance on Parcel PID 07-029-23-23-0002**; and those uses found in the C-Commercial District 51 September 24th, 2024 Page 8 on Parcels PID 07-029-23-24-0020 and 07-029-23-24-0021, subject to any approved PUD Development Agreement on file with the City, as well as the Final Stage Development Plans submitted on 10/05/2021, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the St. Anthony Zoning Ordinance, Chapter XV, Section 152.200 et seq. – Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to the allowed uses, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Kenzie Terrace PUD Overlay District shall adhere to the approved final stage PUD plans and development agreement for each lot. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Multiple Family Residential District or C-Commercial District shall apply, as applicable to the approved Principal Use on the subject parcel. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the St. Anthony Zoning Ordinance, Section 152.200 et seq.. The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (Am. Ord. 2021-04, passed 10-26-2021) *There is a typo in the text referencing an incorrect district title. ** 07-029-23-23-0002 is the parcel in question. NOTE: Text italicized and bolded added for this report. In review of this amended application, staff finds that the changes constitute a substantively different application from that of the original. The principal use of the property is more completely defined as a religious institution (or assembly space), with accessory uses “commonly accessory and incidental to the allowed [principal] uses”. This (religious assembly) use is consistent with the terms of the Kenzie Terrace PUD District language which anticipates uses as found in the R-4 District – which specifically cites Religious Institution/Place of Worship as an allowed use. The Conditional Use Permit requirement in the R-4 District implies that the use is allowed, but with adequate City review and process to mitigate any impacts related to public health, safety, and general welfare that may be raised by the nature of the land use. PUD zoning and process stands in for the City’s review of Conditional Uses or Variances, as a procedural matter. Land Use – Accessory Uses. 52 September 24th, 2024 Page 9 The original submittals proposed an operation that includes daily delivery of students to and from the site by automobile. Up to 100 students are expected to participate in the programs offered on the property, with between 10 and 20 staff members. The applicants expect to provide programming and/or staff presence generally between 9:00am and 7:00pm. Because the use is not a childcare or school facility, the applicants indicate that they are not required to have any outside licensing. The applicants originally stated that they anticipate no outdoor programming as a part of the site usage, however, the revised plans provide an outdoor play/recreation space. In addition, the applicants have indicated that other accessory activities may occur outdoors. Site and Building Improvements. Parking and Building Capacity. With regard to capacity of the religious worship space, the zoning ordinance does not establish any limitation. However, such facilities are required to provide off-street parking at a rate of one space per 2.5 person capacity (not including spaces reserved for staff and employees on a one-space-per-employee basis). The illustrated site plan provides a total of 76 parking spaces. The applicants should provide additional information relating to the number of staff during peak times that services are being held, and will be required to scale the religious services capacity to meet the remaining parking supply. By way of example only, if there are 10 employees, the remaining available parking will be a total of 66 spaces, yielding a capacity for services of 165 assembled attendants (66 times 2.5). The applicants have not provided detail on interior space remodeling. Initially, this was not a concern given the nature of the use as originally described. However, with the religious services creating the possibility that site capacity can create congestion on the adjoining public streets, this information should be provided by the applicant for further review and verification that the site can handle the possible traffic generated by the assembly use. Access. With the greater utilization of the parking lot, access to the site is at issue. Hennepin County is in the process of planning for changes to Kenzie Terrace, which currently shows two access points to this site, in addition to an existing access to Stinson Parkway on the west side of the site. Of the two driveways to Kenzie, the easterly of the two is aligned with the intersection to Lowry Avenue, south of Kenzie. The westerly of the two is just over 100 feet from the Lowry/Kenzie/Stinson intersection. This driveway access should be closed as a condition of PUD approval for this site plan and use (the removal of this driveway was also a condition of the prior multi-family PUD). Site and Landscaping Improvements. In regard to the parking lot area, staff strongly supports the “greening” of the parking area as an aspect of PUD review. For any PUD, the City should find that there are aspects of the project, such as site development amenities or other design factors, that help offset the City’s approval of flexibility from its base zoning standards. The green space in the amended site plan is both an aesthetic improvement, as well as an important environmental consideration in reducing impervious surface and the impact on stormwater runoff and quality. 53 September 24th, 2024 Page 10 The landscape plan shows conceptual planting areas where green space would replace paved areas. The plan illustrates some planting in those new green spaces, again conceptually. The plan retains much of the perimeter green space around the property, although those areas would benefit from maintenance. As a part of any Final PUD plan for the amended PUD, the City should require a detailed landscape plan that identifies the type of planting and green spaces, and information relating to maintenance and retention of green space in the existing perimeter areas. The applicant identifies a conversion of the former bank drive-through area to an outdoor play area. The plan does not identify the proposed improvements in this area, such as ground surface materials or other aspects of the amenity. Given that it abuts an active driveway, it is expected that there will likely be some sort of separation between the play area and site traffic. Fencing or other aspects of this improvement should be identified as an aspect of the plan. Finally, given the recommended closing of the westerly access point noted above, additional green space would be created as an aspect of that change. This area should also be included in the landscape plan. Tax Base Considerations. Finally, it is important to add a note regarding the Commission’s discussions related to the interest in retaining tax base as a land use consideration. The applicants have suggested that as a part of the amended application, they would incorporate some taxable use into the building. It is also important to understand that for land use decisions, the City is not permitted to distinguish between religious and other similar land uses, based on the religious nature of use alone. Therefore, the allowance of a commercial office use, for example, also implies the allowance of a non-commercial or religious office use. This is a function of a federal law known as “RLUIPA” – the Religious Land Use and Institutionalize Persons Act. As such, any decision on the proposed use should focus on land use-related impacts rather than property tax considerations. PLANNING COMMISSION REVIEW Summary and Planning Commission Action. In summary, staff believes that there are adequate reasons to recommend approval of the proposed amendment, given the expanded description of the proposed use on the site. However, there are still details arising from that proposal that cannot be verified with the material submitted as a part of the application submittal. The Commission considered the components of the application – both land use and development plans – and recommended approval, but with conditions that make the project more consistent with the City’s land use goals. As noted, staff believes that both the original staff conditions and those added by the Planning Commission should be incorporated into any approval of the PUD amendment. 54 September 24th, 2024 Page 11 Finally, the suggested findings above serve as the basis for the Council’s decision, and may be supplemented or amended based on the discussion of the item. Staff will prepare a draft resolution for the City Council based on the Commission’s action. ATTACHMENTS Exhibit A:Application Amendment Narrative – 7/1/24 Exhibit B:Amendment Site/Landscape Plan – 7/1/24 Exhibit C:Applicant PowerPoint Presentation – 8/20/24 Exhibit D:Original Application and Supporting Material Exhibit E:Cover Memo Supplemental – 9/18/24 Exhibit F: Applicant Supplemental Submission – 9/18/24 55 MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:September 18, 2024 Meeting Date:September 24, 2024 RE:St. Anthony – 2401 Lowry Ave. NE PUD Amendment GC Project No.140.01 – 24.05 PROJECT UPDATE This memorandum forwards supplemental materials submitted by the applicants for the PUD Amendment at 2401 Lowry Ave. NE. The materials are intended to be in response to additional analysis and data requested by the Planning Commission as a part of the Commission’s recommendation of approval of the PUD Amendment. Because of the timing of the submission, staff did not have a sufficient opportunity to review and report on the content of the newly submitted materials prior to preparation of staff reports for the meeting agenda. Staff will have additional review comments available prior to the scheduled Council meeting on September 24. 56 8/21/2024 1 Tibyan Center World Renown Center for Excellence 57 8/21/2024 2 Excelling in Quranic Learning Islamic Education Youth Enrichment Programing Coding and Programing 58 8/21/2024 3 Classes for youth and office for center Mosque for Prayer and multi purpose space Rental space to business (generating tax base) 59 8/21/2024 4 STORAGE IMAN OFFICE CLASSROOM CLASSROOM CLASSROOM CLASSROOM SERVER ROOM MOSQUE / MULTI-PURPOSE ROOM CONFERENCE CLASSROOM ROO M MEN'S TOILETS & WUDU NEW TOILET ROOMS: 3 TOILETS, 2 SINKS, NEW TOILET PARTITIONS, 2 LOCATIONS OF WUDU'S WOMEN' S TOILETS & WUDU KEY: FIRST FLOOR - PROPOSED 2401 LOWRY AVE. NE ST. ANTHONY, MN RED INDICATES NEW CONSTRUCTION PROPOSED PROGRAM THIS FLOOR: TIBYAN COMMUNIT Y CENTER 2/4/202 4 A 4 Mosque for Prayer and multi purpose space 4,000 space 3,000 actual prayer spaces 15 square feet per worshipper 200 worshipers 2.5 parking slot 80 stalls Most attendees of the center. 60 8/21/2024 5 Classes for youth and office for center Phase 1 use exisiting rooms as classes Phase 2 develop 17 classes with estimate of 15 students in each class. Rental space to business (generating tax base) Income generation for the center to portion of the center including the basement to small business 61 8/21/2024 6 •Recognizing the needs expressed by the city and anticipating other needs by the community, we aim to be great partners in finding ways to use our facility to enhance community needs. •We are open to utilizing our oversized parking lot for St Anthony Village community events, such as fairs and farmers markets. •We also welcome the opportunity work with city to have city signage on our property since we are at a key gateway entrance to the city. City and Community Partnership 62 8/21/2024 7 On May 29, the building was broken into, fire extinguishers were sprayed and computers and other items were stolen. Following this, on June 15, a window was broken, and on June 27, June 29, and June 30, further break-ins occurred. On July 2, another break-in was reported, and on July 7, an attempted break-in was stopped by a member of the center. The latest incident on July 16 involved the breaking of windows and additional vandalism. Security cameras captured a group of white males, some masked and others unmasked, entering the building, and causing significant damage. Damage estimated to exceed over $20,000. 63 8/21/2024 8 64 Tibyan Community Center Traffic Study Report : Location: Tibyan Community Center, 2401 Lowry Avenue NE, St. Anthony, Minnesota Overview The Tibyan Community Center is located at the site of the former Bremer Bank, with excellent access to both major collector roads and arterial routes. The center will host a variety of community programs, including religious services, educational programs, and youth activities. While the center is not exclusively a mosque, Friday prayers are expected to generate the highest traffic volumes. However, the overall traffic impact is expected to be minimal, and significantly less than when the site operated as a bank. Jaylani Hussein compiled this report using data from the Minnesota Department of Transportation, existing traffic studies, and other studies form the area. The analysis follows standard traffic study practices and provides a high-level overview of traffic patterns, concluding that the Tibyan Community Center’s operations will generate minimal impact on local traffic. The report examines traffic data from the Minnesota Department of Transportation, focusing on the broader area surrounding the Tibyan Community Center. It also analyzes the center's specific usage patterns, ensuring that anticipated traffic aligns with the area's existing flow and minimizes any potential impact. A summary of the data based on the streets and classifications from Minnesota Department of Transportation below in Table 1 and Map 1. Streets Overview: 1. Kenzie Terrace (CSAH 153) o Location: West of St. Anthony Boulevard o Daily Traffic Volume: 8,233 vehicles (2022) o Classification: Urban Minor Arterial o Seasonal and Daily Patterns: Similar weekday and weekend patterns. o Comments: Historical data is used, with an average volume observed over several years (2009 history referenced). 2. Lowry Avenue NE (CSAH 153) o Location: West of Stinson Boulevard o Daily Traffic Volume: 8,026 vehicles (2021) o Classification: Urban Minor Arterial o Seasonal and Daily Patterns: High weekday and commuter traffic pattern. o Comments: Estimated historical data is applied, with references to historical counts from 2009. 3. Stinson Parkway NE (M 2070) o Location 1: South of Lowry Avenue NE (CSAH 153) 65 o Daily Traffic Volume: 6,667 vehicles (2021) o Classification: Urban Major Collector o Seasonal and Daily Patterns: Similar weekday and weekend patterns. o Comments: New location, data collected for the first time. o Location 2: East of St. Anthony Boulevard (MSAS 106) o Daily Traffic Volume: 4,578 vehicles (2021) o Classification: Urban Major Collector o Seasonal and Daily Patterns: Similar weekday and weekend patterns. o Comments: This is also a new location for data collection. 4. Stinson Parkway NE (CSAH 153) o Location: East of Stinson Parkway (M-70) o Daily Traffic Volume: 6,949 vehicles (2022) o Classification: Urban Minor Arterial o Seasonal and Daily Patterns: Similar weekday and weekend patterns. o Comments: Post-COVID traffic data collection. Key Findings: • Traffic Volumes: The highest traffic volume is observed on Kenzie Terrace (8,233 vehicles) and Lowry Avenue NE (8,026 vehicles), both classified as Urban Minor Arterials, indicating significant traffic flow. • Traffic Classifications: Streets near the Tibyan Community Center fall into two main categories: Urban Minor Arterial (handling higher traffic) and Urban Major Collector (handling moderate traffic). • Post-COVID Patterns: Some locations have new traffic patterns noted, particularly after the COVID-19 pandemic, which may affect the traffic volumes in the area. Table 1 MN Department of Transportation Data on Area. Street Name Location Daily Traffic Volume Classification Year Comments Kenzie Terrace (CSAH 153) West of St. Anthony Blvd 8,233 Urban Minor Arterial 2022 Average historical data (2009) Lowry Avenue NE (CSAH 153) West of Stinson Blvd 8,026 Urban Minor Arterial 2021 Historical data estimate (2009) Stinson Parkway NE (M 2070) - South of Lowry South of Lowry Ave NE 6,667 Urban Major Collector 2021 New data Stinson Parkway NE (M 2070) - East of St. Anthony Blvd East of St. Anthony Blvd 4,578 Urban Major Collector 2021 New data Stinson Parkway NE (CSAH 153) - East of Stinson Pkwy East of Stinson Pkwy 6,949 Urban Minor Arterial 2022 Post-COVID data 66 Usage of Tibyan Community Center and Traffic Study The Tibyan Community Center experiences its peak traffic times primarily during Friday prayers, which typically is expected to draw around 100 attendees and result in 50-60 vehicles entering the parking lot between 12:00 PM and 2:00 PM. Although this is the busiest period for the center, it occurs outside of typical morning and afternoon rush hours, minimizing its impact on local traffic flow. During the weekdays, the morning educational programs and after-school programs bring moderate traffic, with 15-25 cars for each drop-off and pick-up session. These programs run at staggered times, further reducing any potential congestion. On weekends, the center’s youth programs are split into two shifts, morning and afternoon, with each shift attracting approximately 25-40 vehicles. As a result, the center’s traffic is well-distributed throughout the week, and the carpooling common in youth activities further limits the number of vehicles on the road, ensuring that the overall traffic impact remains low. Below is the break down of programs and also in summary in Table 2 below. Peak Traffic Time: Friday Prayers • Estimated Vehicle Count: 50-60 cars • Attendance: 100 worshippers • Time: 12:00 PM - 2:00 PM (Friday prayer window is typically from 12:30 PM to 1:30 PM) • Impact: o Friday prayers are expected to be the most significant traffic generator for the center. However, since this occurs outside of peak traffic times (morning and afternoon rush hours), the impact on local traffic will be limited. o There are five mosques within a 2-5 mile range that currently operate below full capacity and serve the surrounding area. Given this, and the Tibyan Community Center's multipurpose nature, it is not expected to reach maximum occupancy, with minimal traffic generated by staff and daily programs during Friday prayer times. Weekday Programs: Monday to Friday 1. Morning Educational Program (8:00 AM - 3:00 PM) • Estimated Vehicle Count: 15-25 vehicles • Student Count: 30-50 students • Impact: o Vehicle traffic is expected to occur in two main waves: drop-offs in the morning (8:00 AM) and pick-ups in the afternoon (3:00 PM). o Traffic generation will be light, with only 15-25 vehicles entering and exiting the parking lot, which will not significantly impact the surrounding roadways. 2. After-School Program (4:00 PM - 9:00 PM) • Estimated Vehicle Count: 15-25 vehicles for drop-off and pick-up 67 • Student Count: 50 students • Impact: o The program runs in staggered times, with drop-offs from 4:00 PM to 6:00 PM and pick-ups from 7:00 PM to 9:00 PM. This reduces the likelihood of congestion as not all students will arrive or leave at the same time. o Traffic generation is expected to be moderate, with peak activity occurring between 6:00 PM and 7:00 PM for pick-ups. Weekend Programs: Saturday and Sunday 1. Morning Shift (8:00 AM - 1:00 PM) • Estimated Vehicle Count: 25-40 vehicles • Student Count: 100 students • Impact: o Weekend programs are divided into two shifts, with the morning shift bringing in 25-40 vehicles for drop-offs around 8:00 AM and pick-ups at 1:00 PM. o The majority of students come from families with larger vehicle capacities, so carpooling is expected to reduce the total number of vehicles. 2. Afternoon Shift (2:00 PM - 6:00 PM) • Estimated Vehicle Count: 25-40 vehicles • Student Count: 100 students • Impact: o Similar to the morning shift, the afternoon session will generate 25-40 vehicles during the drop-off and pick-up periods. With staggered start times, traffic will be evenly distributed across the program duration. o As with the morning session, carpooling will help keep traffic impact minimal. Table 2 Program and Traffic Summary Table Program Days Time Estimated Vehicle Count Student Count Traffic Impact Friday Prayers Friday 12:00 PM - 2:00 PM 50-60 cars 100 worshippers Moderate Morning Educational Program Mon - Fri 8:00 AM - 3:00 PM 15-25 cars 30-50 students Low After-School Program Mon - Fri 4:00 PM - 9:00 PM 15-25 cars 50 students Moderate Weekend Morning Shift Sat - Sun 8:00 AM - 1:00 PM 25-40 cars 100 students Moderate Weekend Afternoon Shift Sat - Sun 2:00 PM - 6:00 PM 25-40 cars 100 students Moderate 68 Traffic Organization and Flow Analysis for Tibyan Community Center The traffic flow analysis for the Tibyan Community Center indicates that most traffic will originate from 2-5 miles away, as the center draws attendees from the broader metro area. This reduces the likelihood of heavy use on local side streets, as the center’s proximity to major highways, including I-35W, encourages the use of arterial roads and minimizes reliance on smaller collector streets. Consequently, traffic will primarily be concentrated on larger, well- equipped roads, further limiting any potential impact on neighborhood streets. See Map 2. Traffic Impact Assessment The center’s primary traffic-generating programs (Friday prayers and weekday educational and after-school programs) occur during off-peak traffic hours and involve relatively few vehicles. Additionally, the center serves a large number of youth, many of whom rely on carpooling, further reducing the overall number of vehicle trips. As the Tibyan Community Center is located on the site of a former bank, the current usage will generate significantly less traffic than the previous commercial operation. Banking facilities typically experience high daily traffic volumes, including rush hour peaks, which will not be the case with the center. Therefore, the new use of the site is expected to alleviate traffic rather than add to it. Conclusion The Tibyan Community Center’s operations, including weekday and weekend programs, will not generate significant traffic or congestion. Friday prayers will be the most traffic-heavy time, but this occurs outside of typical rush hours, minimizing the impact. The center’s focus on youth programming, carpooling, and staggered schedules ensures that traffic is distributed throughout the day, further reducing potential congestion. As this location previously housed a bank, which generated much higher traffic volumes, the Tibyan Center’s traffic impact is expected to be minimal. Its proximity to major roadways, arterial routes, and easy access points makes the overall traffic impact low. Even with higher traffic volumes, the center remains highly suitable for approval without concerns of traffic overload. 69 MAP 1 Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Esri Community Maps Contributors, City of Minneapolis, County of Ramsey, Metropolitan Council, MetroGIS, Three Rivers Park District, © OpenStreetMap, Microsoft, Esri, TomTom, Counties City Labels Draft AADT Official AADT Traffic Count Locations (Active) Automatic Traffic Recorder ATR Volume ATR Volume, Speed, Class ATR Volume, Speed, Length Inactive Weigh in Motion Active Inactive 9/18/2024, 10:51:10 AM 0 0.03 0.050.01 mi 0 0.04 0.080.02 km 1:2,257 Web AppBuilder for ArcGIS MAP 2 70 MAP 2. Esri, NASA, NGA, USGS, FEMA, Esri Community Maps Contributors, City of Minneapolis, Metropolitan Council, MetroGIS, Three Rivers Park District, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS Counties City Labels Draft AADT Official AADT Traffic Count Locations (Active) Automatic Traffic Recorder ATR Volume ATR Volume, Speed, Class ATR Volume, Speed, Length Inactive Weigh in Motion Active Inactive 9/18/2024, 10:50:05 AM 0 0.2 0.40.1 mi 0 0.35 0.70.17 km 1:18,056 Web AppBuilder for ArcGIS MAP 2 71 Memo \ U:\227705255\technical To: City Council – City of St. Anthony Village From: Ryan McElrath CC: Khaleef A.H. Warsame Tibyan Community Center Stantec Consulting Services Inc. File: Stantec Project No: 227707229 Previous MPCA Site IDs: BF0002310 and BF0002577 Date: September 18, 2024 Reference: Environmental Conditions Summary – Proposed Tibyan Community Center, 2401 Lowry Avenue NE, St. Anthony, Minnesota (the Site) Stantec Consulting Services Inc. (Stantec) has prepared this Environmental Conditions Summary (Summary) letter to detail the previously completed environmental investigations for the Site and to characterize the current Site conditions as understood based on the data in hand. Stantec has prepared this Summary on behalf of Tibyan Community Center in support of the proposed use of the Site as a community meeting space. The Site Location is depicted in Figure 1. A Site detail map is provided in Figure 2. Previous Environmental Investigation Summary The 1.89-acre Site was initially developed in the 1930s as a tourist camp including a campground office building and several cabins and trailers. By 1940, a grocery store and fuel station were added onto the office building. By 1953, those buildings were demolished, and a slab-on-grade building was constructed on the north-central portion of the Site. By 1966, a building addition was extended from the eastern wall of the slab- on-grade building. During the 1960s and 1970s, a dental office, carpet retailer, and a dry cleaner occupied the Site. In 1979, the Site buildings were again demolished, and the Site was redeveloped with the existing Site building, which was initially occupied by law firms and financial service businesses. Bremer Bank occupied the Site for its financial services business from 2001 until 2022. The Site has remained vacant since Bremer Bank’s departure. In August 2017 and October 2017, a subsurface investigation was conducted at the Site with the advancement of 11 soil borings, three of which were hand-augured beneath the building footprint. In total, 14 soil samples were analyzed for various contaminants, including the eight Resource Conservation and Recovery Act (RCRA) metals; diesel range organics (DRO); polycyclic aromatic hydrocarbons (PAHs); and volatile organic compounds (VOCs). Various compounds were detected in soil samples at concentrations above their respective Minnesota Pollution Control Agency (MPCA) soil leaching values (SLVs) but less than their respective residential soil reference values (SRVs). Six groundwater samples were collected from temporary wells and monitoring wells and analyzed for VOCs. Chlorinated VOCs tetrachloroethylene (PCE), trichloroethylene (TCE), and cis-1,2-dichloroethene (cis-1,2-DCE) as well as the petroleum-related VOC benzene were detected in groundwater samples at concentrations greater than their respective Health Risk Limits (HRL) established by the Minnesota Department of Health (MDH). Three sub-slab soil vapor samples and four exterior soil vapor samples were collected at the Site in August 2017 within the MPCA-defined non-heating season. Soil vapor beneath the parking lot, specifically in areas located north and east of the Site building, was impacted by numerous chlorinated VOCs, including PCE and TCE at concentrations greater than the vapor mitigation action level of thirty-three times (33X) the MPCA’s industrial expedited intrusion screening value (EISV). Sub-slab soil vapor collected from within the northeast corner of the building footprint had TCE at concentrations greater than 33X the MPCA’s industrial ISV. Soil vapor was also impacted by elevated levels of cis-1,2-DCE, however an ISV had not been established for cis- 1,2-DCE at the time. 72 September 18, 2024 City Council – City of St. Anthony Village Page 2 of 4 Reference: Environmental Conditions Summary – Proposed Tibyan Community Center, 2401 Lowry Avenue NE, St. Anthony, Minnesota (the Site) In February and March 2018, a paired sub-slab soil vapor and indoor/outdoor air sampling event was performed in support of a completed pathway evaluation, which was an acceptable soil vapor risk assessment strategy at that time. Five sub-slab soil vapor samples and five paired indoor air samples were collected from within the building footprint, five external soil vapor samples were collected from locations within the parking lot, and an ambient air sample was collected from outside of the building. Soil vapor beneath the parking lot was impacted by numerous VOCs, including PCE and TCE at concentrations greater than 33X the MPCA’s industrial EISV. Sub-slab soil vapor collected from within the building footprint had TCE at concentrations greater than 33X the MPCA’s industrial ISV. Soil vapor was also impacted by elevated levels of dichlorodifluoromethane and cis-1,2-DCE, however an ISV had not been established for dichlorodifluoromethane or cis-1,2-DCE at the time. Indoor air samples contained contaminants of concern in concentrations below the MPCA’s industrial ISVs. In April 2018, November 2018, May 2019, and June 2020 subsequent seasonal sampling events were performed in support of the completed pathway evaluation. For each sampling event, five sub-slab soil vapor samples and five paired indoor air samples were collected from within the building footprint and an ambient air sample was collected from outside of the building. Sub-slab soil vapor was impacted by TCE at concentrations greater than 33X the industrial ISV and PCE was detected in sub-slab soil vapor at concentrations less than 33X the industrial ISV but greater than 33X the residential ISV. Sub-slab soil vapor was also impacted by trans-1,2-DCE at concentrations less than the industrial ISV and by cis-1,2-DCE. Indoor air concentrations were again less than the MPCA’s industrial ISV. As a result of the completed pathway evaluation, an active vapor mitigation system was recommended to be installed in any future occupied Site building. Subsequent investigations were completed at the Site in June 2023 to further delineate soil and groundwater impacts around the Site. Soil investigation activities included the advancement of nine push-probe borings for the collection of 11 soil samples and four groundwater samples. Soil analytical testing detected RCRA metal and PAH impacts that did not exceed their respective SRVs and SLVs. DRO was detected below the unregulated fill criteria. VOC analysis detected concentrations of PCE and TCE above its SLV in samples collected from the northern half of the Site. Groundwater analytical results from temporary wells identified the presence of PCE, TCE, and cis-1,2-DCE above their respective HRLs or Health Based Values (HBVs) in borings collected from the north and east portions of the Site. Copies of the investigation reports detailed above can be made available upon request. 2024 Indoor Air Sampling Event On behalf of Tibyan Community Center, Stantec completed indoor air sampling in August 2024 to assess indoor air conditions at the Site building following a period of vacancy. The indoor air sampling event consisted of the placement of three laboratory-provided summa canisters equipped with a 24-hour flow controller. The three samples were placed in the basement in the east and west mechanical rooms, both located in the southwest portion of the Site building, and the main lobby area located in the northeast portion of the building. Sample results identified PCE in a concentration exceeding its MPCA industrial ISV in the main lobby area. PCE was also detected in concentrations exceeding its MPCA residential ISV in the other two samples, and TCE was detected in a concentration exceeding its MPCA residential ISV in the main lobby. Indoor air sample locations are shown on Figure 3, and a summary table is included as Table 1. A vapor intrusion building survey form is included as Attachment A. The full laboratory report can be made available upon request. 73 September 18, 2024 City Council – City of St. Anthony Village Page 3 of 4 Reference: Environmental Conditions Summary – Proposed Tibyan Community Center, 2401 Lowry Avenue NE, St. Anthony, Minnesota (the Site) Site Soil and Groundwater Conclusion and Recommendations Previous environmental investigations have identified petroleum-related and chlorinated VOCs in soil in concentrations above respective MPCA SLVs, but below MPCA residential and industrial SRVs. The soil impacts appear to be the result of historical operation of the Site as a drycleaning facility and fueling station, as well as the continued presence of chlorinated VOC-impacted groundwater. Observed impacts are located within the upper 10 feet of the subsurface, and primarily in the northern two-thirds of the Site, or in areas of historical and current Site buildings. It is recommended that any future soil handling and management activities are performed in cooperation with an environmental professional and the MPCA-approved Response Action Plan and Construction Contingency Plan (RAP/CCP) as prepared for MPCA Site IDs BF0002310 and BF0002577. Previous environmental investigations have identified petroleum-related and chlorinated VOCs in groundwater in concentrations above respective MDH HRLs and/or HBVs. The groundwater impacts appear to be the result of historical operation of the Site as a drycleaning facility and fueling station. Observed impacts are located throughout the Site. While proposed Site plans do not include activities expected to encounter groundwater, it is recommended that if groundwater is encountered as part of future Site activities an environmental professional and the MPCA-approved RAP/CCP as prepared for MPCA Site IDs BF0002310 and BF0002577 are consulted. Site Soil Vapor Intrusion Conclusion and Recommendations Previous environmental investigations have identified petroleum-related and chlorinated VOCs in soil vapor in concentrations above respective MPCA risk screening criteria. The most elevated concentrations, with instances exceeding respective 33X MPCA industrial EISVs, have been detected in the parking areas located north and east of the Site building. However, TCE has been detected in concentrations exceeding its 33X MPCA industrial ISV in sub-slab samples collected from beneath the existing Site building. Historical corresponding indoor air samples collected while the building was in operation did not detect concentrations above respective MPCA industrial ISVs. Ultimately, as a result of the completed pathway evaluation completed between 2018 and 2020, an active vapor mitigation system was recommended to be installed in any future occupied Site building. Recent indoor air sampling completed in August 2024 following a period of vacancy at the Site building identified PCE in a concentration exceeding its MPCA industrial ISV in the main lobby area located in the northwest portion of the Site building. PCE was also detected in concentrations exceeding its MPCA residential ISV in the other two samples, and TCE was detected in a concentration exceeding its MPCA residential ISV in the main lobby. It should be noted again that samples collected while the building was occupied did not detect elevated contaminants of concern. It was also reported by Tibyan Community Center that the HVAC system in the Site building was damaged during recent vandalism and was in the process of being repaired. It is recommended that the building HVAC system is made fully functional prior to building occupancy. It is also recommended that an active vapor mitigation system is implemented in the Site building in accordance with the MPCA-approved RAP/CCP. However, a vapor intrusion building survey form completed during the August 2024 sampling not identify building conditions that would expedite vapor intrusion to the indoor air, and all historical sub-slab soil vapor samples did not contain chlorinated VOCs exceeding 33X MPCA industrial EISVs, so it is Stantec’s opinion that the building can be occupied on an industrial basis while Tibyan Community Center finalizes details and financing options to complete the active vapor mitigation system. 74 September 18, 2024 City Council – City of St. Anthony Village Page 4 of 4 Reference: Environmental Conditions Summary – Proposed Tibyan Community Center, 2401 Lowry Avenue NE, St. Anthony, Minnesota (the Site) The standard of care for all professional services performed by Stantec and presented within this letter is the care, skill, and diligence used by members of the consulting services profession practicing under similar circumstances at the same time and in the same locality. Stantec makes no warranties, express or implied, with respect to this letter or otherwise, in connection with Stantec’s services. If you have questions about the additional soil vapor sampling or this report, please contact Ryan McElrath. Thank you. Stantec Consulting Services Inc. Ryan McElrath Associate, Senior Environmental Scientist Phone: 651-395-5238 ryan.mcelrath@stantec.com Enclosures: Figure 1: Site Location Map Figure 2: Site Detail Map Figure 3: 2024 Indoor Air Sample Map Table 1: 2024 Indoor Air Sample Results Attachment A: Vapor Intrusion Building Survey Form 75 Anoka County Dakota County Hennepin County Ramsey County Subject Boundary Client/Project Figure No. Project Location Title "($$¯L:\227704239\Pro\Phase1\Phase1.aprx Revised: 2021-07-30 By: HyaAR1126Legend Subject Boundary Page 1 of 1 Notes 1. Coordinate System: NAD 1983 HARN Adj MN Hennepin Feet 2. Data Sources: Hennepin Co., USGS 3. Background: USGS 7.5 Minute Quadrangle (At original document size of 8.5x11) 1:24,000 0 1,000 2,000 Feet Prepared by ARH on 2021-07-30 TR by XXX on 2020-XX-XX IR by XXX on 2020-XX-XX T29N, R23W, S07 City of Minneapolis, Hennepin Co., MN 227707229 TIBYAN COMMUNITY CENTER Site Location Map 1 76 Anoka County Dakota County Hennepin County Ramsey County 4567153 L o w r y Av e N E NERooseveltStNE Stinson PkwyK e n z ie T e rNE Stinson PkwyK e n z ie T e r Subject Boundary Client/Project Figure No. Project Location Title "($$¯L:\227704239\Pro\Phase1\Phase1.aprx Revised: 2021-07-30 By: HyaAR1126Legend Subject Boundary Page 1 of 1 Notes 1. Coordinate System: NAD 1983 HARN Adj MN Hennepin Feet 2. Data Sources: Hennepin Co., 2020 Hennepin Co. Aerial 3. Background: USGS 7.5 Minute Quadrangle (At original document size of 8.5x11) 1:1,200 0 50 100 Feet Prepared by ARH on 2021-07-30 TR by XXX on 2020-XX-XX IR by XXX on 2020-XX-XX T29N, R23W, S07 City of Minneapolis, Hennepin Co., MN 227707229 TIBYAN COMMUNITY CENTER Site Detail Map 2 77 Anoka County Dakota County Hennepin County Ramsey County 4567153 L o w r y Av e N E NERooseveltStNE Stinson PkwyK e n z ie T e rNE Stinson PkwyK e n z ie T e r Subject Boundary Client/Project Figure No. Project Location Title "($$¯L:\227704239\Pro\Phase1\Phase1.aprx Revised: 2021-07-30 By: HyaAR1126Legend Subject Boundary Page 1 of 1 Notes 1. Coordinate System: NAD 1983 HARN Adj MN Hennepin Feet 2. Data Sources: Hennepin Co., 2020 Hennepin Co. Aerial 3. Background: USGS 7.5 Minute Quadrangle (At original document size of 8.5x11) 1:1,200 0 50 100 Feet Prepared by ARH on 2021-07-30 TR by XXX on 2020-XX-XX IR by XXX on 2020-XX-XX T29N, R23W, S07 City of Minneapolis, Hennepin Co., MN 227707229 TIBYAN COMMUNITY CENTER 2024 Indoor Air Sample Map 3 IA-2 IA-1 IA-3 2024 Indoor Air Sample Location 78 Table 1 Indoor Air Sample Results Tibyan Community Center 2401 Lowry Avenue NE, St. Anthony Village, MN Stantec Project No.: 227707229 IA-1 IA-2 IA-3 8/27/2024 8/27/2024 8/27/2024 2-Butanone (MEK)78-93-3 3100 11000 4.25 4.66 10.2 2-Propanol 67-63-0 210 700 <3.07 <3.07 3.56 Acetone 67-64-1 32000 110000 29.2 28.3 46.8 Benzene 71-43-2 1.3 11 <0.639 0.684 0.642 Carbon disulfide 75-15-0 830 2800 12.6 <1.24 <1.24 Chloromethane 74-87-3 94 320 1.16 1.44 1.97 Dichlorodifluoromethane 75-71-8 NE NE 2.63 2.05 2.03 Ethanol 64-17-5 NE NE 19.4 20.6 20.9 Methylene Chloride 75-09-2 630 2100 0.719 9.41 20.9 Tetrachloroethene 127-18-4 3.4 33 10.2 123 10.6 Toluene 108-88-3 4200 14000 <1.88 2.56 2.06 Trichloroethene 79-01-6 2.1 7 <1.07 2.27 <1.07 Trichlorofluoromethane 75-69-4 1000 3500 1.43 1.39 1.44 cis-1,2-Dichloroethene 156-59-2 NE NE <0.793 1.86 <0.793 n-Heptane 142-82-5 420 1400 <0.818 <0.818 2.22 n-Hexane 110-54-3 730 2500 <2.22 2.69 5.68 All other analyzed VOCs Various Various Various ND ND ND Notes: µg/m3 = parts per billion (ppb)MPCA = Minnesota Pollution Control Agency NE = Not Established ISV = Intrusion Screening Value ND = Not Detected EISV = Expedited Intrusion Screening Value < = Less than the reporting limit Bold = detected concentration Bold = detected concentration exceeds MPCA Residential ISV Bold = detected concentration exceeds MPCA Industrial ISV Parameter Volatile Organic Compounds (VOCs) - reported in µg/m3 MPCA Industrial ISV MPCA Residential ISV CAS 79 Appendix D https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats c-rem3-01a • 1/13/21 Page 1 of 8 Vapor intrusion building survey form Remediation Division Doc Type: Site Inspection Information Instructions: Complete the vapor intrusion building survey form to document general building characteristics, points where soil gas may enter the building, and identify potential indoor contaminant sources. Preparer’s name: Zachary Ford Date (mm/dd/yyyy): 8/27/2024 Affiliation: Stantec Consulting Services Inc. Time prepared: 10:30 am pm Email: zachary.ford@stantec.com Phone number: 651-294-4590 Part 1: Property owner and building occupant information 1. Owner/Landlord information Individual or corporate name: Tibyan Community Center Interviewed? Yes No Mailing address: 2500 Minnehaha Avenue South City: Minneapolis State: MN Zip code: 55404 Phone: Email: Alternative contact name (if any): Phone: 2. Occupant information (Check if same as owner: ) Occupant name(s): No current occupants Interviewed? Yes No Mailing address: City: State: Zip code: Phone: Email: Number of occupants at this location: Age range of occupants: Part 2: Building evaluation 3. Building use (Check appropriate response) Residential Child/Day Care School Church Hospital Long-term care facility Correctional facility Commercial Industrial Other (specify): Vacant If the property is residential, what type? (Check appropriate response) Ranch rambler Raised rambler Townhouses/Condos Duplex Modular 2-Family Split level Contemporary Apartment house Cape cod Log home 3-Family Colonial Mobile home Other (specify): 4. Building description If the property is commercial or industrial, describe the business use(s): Indicate the number of floors and general use of each floor of the building beginning with lowest level: Basement level: Vacant space Main level: Vacant space Second level: Vacant space 80 Appendix D https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats c-rem3-01a • 1/13/21 Page 2 of 8 If there are multiple residential units, indicate how many units: When was building constructed: 1979 Type of insulation used in building: Foam board Elevators or lifts: Yes No Basement/Lowest level depth below grade: 10 (feet) Observed basement characteristics (Check all that apply) Frequency of basement/lowest level occupancy Full time Occasionally Almost never Bedrooms in the basement/lowest level? Yes No If yes, are the bedrooms occupied regularly? Yes No Basement type Full Partial Slab Other: Floor materials Concrete Dirt Stone Other: Floor covering Uncovered Covered Covered with: Most basement spaces have a carpeted floor, with one room in the northwest corner having a partially tiled floor. Mechanical rooms have uncovered floors. Concrete floor Unsealed Sealed Sealed with: Foundation walls Poured Block Stone Other: Basement finished Unfinished Finished Partially finished Basement wetness Wet Damp Seldom Moldy Sump pump present Yes No If yes, was water present: Yes No Are there any crawl spaces present? Yes No If yes, describe the crawl space floor conditions (earth, concrete, etc.) and construction (walls, use, connectivity to building, etc.) and illustrate location on the attached grid plans: Have there been any building additions? Yes No Describe addition construction including how it ties to the existing floor plan (footings, slab connectivity, etc.) illustrate locations of additions on the attached grid plans: Thickness of the concrete floor slab in the lowest level(s): Approx. 6 inches Soil type present beneath the building: Silty sand Is there evidence of saturated or high moisture conditions beneath the floor slab? Yes No If yes, explain: Indicate sources of water supply sources (i.e., drinking, irrigation, etc.) and type of sewage disposal (Check all that apply) Water supply: Public water Drilled well Driven well Dug well Sewage disposal: Public sewer Septic tank Leach field Dry well 81 Appendix D https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats c-rem3-01a • 1/13/21 Page 3 of 8 5. Heating, venting, air conditioning, or other building controls (Check all that apply) Type of heating system(s) used in this building (Check all that apply) Hot air circulation Space heaters Electric baseboard In-floor heating Heat pump Steam radiation Wood stove Hot water baseboard Radiant floor Outdoor wood boiler Other (specify): Primary type: Forced air Primary type of fuel used (Check appropriate response) Natural gas Fuel oil Kerosene Electric Propane Solar Wood Coal If hot water tank present, indicate fuel source: Natural gas Boiler/furnace is located in: Basement Outdoors Main floor Other: Type of air conditioning: Central air Window units Open windows No mechanical system Is outside replacement (make-up) air provided for combustion appliances? Yes No If no, explain: Are there air distribution ducts present? Yes No Describe the supply and cold air return ductwork and its condition where visible, including whether there is a cold air retur n and the tightness of duct joints. Indicate the locations on the floor plan diagram: Each floor has its own supply and cold air return ductwork located within finished ceilings, grills are visible in ceiling spaces. Describe the type of mechanical ventilation systems used within or for the building (e.g., air-to-air exchangers, HVAC, etc.). Indicate whether the interior spaces of the building use separate ventilation systems and/or controls. Provide information on any existing building mitigation system (e.g., radon mitigation, passive venting systems, etc.). If available, provide information on air exchange rates for any existing mechanical ventilation systems currently in use. The building has multiple rooftop heating/cooling units. There are no existing building mitigation systems. Air exchange rates were not made available. 6. Summary of potential building vapor intrusion entry points Earthen floors or incompetent floor slabs in the lowest level of building? Yes No Sumps (unsealed)? Yes No Large utility penetrations through floor and/or walls with exposure to sub-surface soils? Yes No Crawl spaces with earthen floors or incompetent floor conditions? Yes No Other (describe below) Yes No The room in the northwestern portion of the basement has an unfinished floor with approximately 1/8th" sized holes in the unfinished concrete flooring. 82 Appendix D https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats c-rem3-01a • 1/13/21 Page 4 of 8 7. Is the use of the vapor intrusion attenuation factor (33X ISV screening level) valid for this building based on the above building conditions? Yes No 8. Grid plans Use grid plans to describe floor plans, locate potential soil vapor entry points (e.g., cracks, utility ports, drains); and if applicable, identify sample locations (sub-slab, indoor air, outdoor air sampling). Floor plan for basement or lowest level at property address: Scale: North (indicate direction): 83 Appendix D https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats c-rem3-01a • 1/13/21 Page 5 of 8 Floor above lowest level at property address: Scale: North (indicate direction): 84 Appendix D https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats c-rem3-01a • 1/13/21 Page 6 of 8 Outdoor grid plot (Include if outdoor ambient air samples collected): Insert sketch (or attach separate document) of the area outside the building and locate outdoor air sample locations. If applicable, provide information on spill locations, potential air contamination sources, locations of wells, septic system, etc., and PID meter readings. Indicate wind direction and speed during sampling. 85 Appendix D https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats c-rem3-01a • 1/13/21 Page 7 of 8 Part 3: Indoor air quality survey Complete if indoor air sampling is conducted (use grids in Part 1 for labeling sampling locations). Factors that may influence indoor air quality: Is there an attached garage? Yes No Are petroleum-powered machines or vehicles stored in the garage (e.g., lawn mower, ATV, car)? Yes No Please specify: Has the building ever had a fire? Yes No When: Is a kerosene or unvented gas space heater present? Yes No Where & type: Is there smoking in the building? Yes No How frequently: Have cleaning products been used recently? Yes No When & type: Have cosmetic products been used recently? Yes No When & type: Has painting/staining been done in the last 6 months? Yes No Where & when: Has any remodeling or construction occurred in the last 6 months? Yes No Where & when: Is there new carpet, drapes, or other textiles? Yes No Where & when: Have air fresheners been used recently? Yes No When & type: Is there a clothes dryer? Yes No If yes, is it vented outside: Are there odors in the building? Yes No If yes, please describe: Do any of the building occupants use solvents at work? Yes No If yes, what types of solvents are used: Do any of the building occupants regularly use or work at a dry -cleaning service? Yes No If yes, indicate approximately how frequent: Product inventory form (Add additional rows if needed) Make and model of field instrument used: Mini-Rae PID, 10.6 eV List specific products identified in the building that have the potential to affect indoor air quality (add or delete rows as needed): Location Product description* Comments Instrument readings if taken and units * Describe the condition of the product containers as unopened (UO), used (U), or deteriorated (D). Include photographs of product containers as appropriate to document products and ingredients. 86 Appendix D https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats c-rem3-01a • 1/13/21 Page 8 of 8 Location Product description* Comments Instrument readings if taken and units * Describe the condition of the product containers as unopened (UO), used (U), or deteriorated (D). Include photographs of product containers as appropriate to document products and ingredients. 87 Parking Study for Tibyan Community Center The Tibyan Community Center’s parking study indicates that the property provides sufficient parking for both its worship space and daily activities. With 81 existing parking stalls and an additional 21 stalls being added, the total number of parking spaces will be 102, which is adequate for the center's needs. • Worship Space: The center has a total space of 4,000 square feet, with 3,000 square feet allocated as the actual prayer area. Based on a standard of 15 square feet per worshipper, the center can accommodate up to 200 worshippers. • Parking Allocation: According to the parking study, 2.5 parking slots are required for every 200 worshippers, translating to the need for approximately 80 stalls, which the center exceeds with its planned 102 stalls. Additionally, due to ongoing considerations related to climate change, cities like Minneapolis are reducing parking requirements, encouraging more sustainable transportation options. The Tibyan Community Center's parking plan aligns with these changes, providing ample space for both students and worshippers. Additionally, a designated drop-off/pick-up lane on the west side of the building will accommodate up to 15 stacked cars, ensuring smooth pick-up and drop-off for children without impacting overall traffic flow. Due to the nature of youth programs, with parents typically dropping off children and returning only for pick-up, the usage of parking will be limited. Most vehicles are expected to exit shortly after drop-off. The map below provides additional details of the parking plan. 88 4651482 195617 PARKING DATA: EXISTING STALLS - 81 (INCLUDING 5 HANDICAPPED STALLS) PROPOSED STALLS: - 21 TOTAL STALLS - 102 102 x 2.5 OCC./STALL = 255 OCCUPANTS TIBYAN COMMUNITY CENTER 2401 LOWRY AVE. NE ST. ANTHONY, MN SITE PLAN - PROPOSED 9/18//2024 A0 14 2 DROP-OFF & PICK-UP LANECLOSED OFF ENTRY/EXIT NARRATIVE: THE PROPERTY CURRENTLY HAS 81 PARKING STALLS WITH THREE CURB CUT ENTRANCES/EXITS. WE ARE IN AGREEMENT WITH THE CITY TO CLOSE OFF THE WESTERN MOST ENTRANCE ON KENZIE ST. THIS WILLLEAVE TWO ENTRANCE/EXITS TO ACCESS AND LEAVE THE SITE. THERE WILL BE AN ADDITION OF 21 NEW STALLS AS SHOWN FOR A TOTAL OF 102 PARKING STALLS. IN ADDITION TO THE PARKING THERE WILL BE A DROP-OFF/PICK-UP LANE ON THE WEST SIDE OF THE BUILDING. THIS WILL ALLOW FOR 10 STACKED CARS WAITING TO DROP-OFF OR PICK-UP CHILDREN. 5 89 Tibyan Center : Planned Unit Development Zoning Change Application Amendment Inbox Search for all messages with label Inbox Remove label Inbox from this conversation Jaylani Hussein <jHussein@cair.com> Jul 1, 2024, 4:57 PM to planner@savmn.com, Pat, Abdinasir, Ali, Khalif, Osman, Suleiman, Ahmedsiciid@gmail.com Hi Steve, We are writing to follow up on our meeting with you last week and our application to change the current Planned Unit Development (PUD) zoning for our building to better align with the intended uses of the Tibyan Center. Below, we provide detailed informati on regarding our plans for the property and how these changes will benefit both our community and the City of St. Anthony. Usage of Multi-Purpose Hall as a Mosque • The multi-purpose hall within our building will be used daily for worship, functioning as a mosque in addition to being a multi-purpose space for events and mainly for youth education programming. • The center will also offer both religious and non -religious schooling during the day and afternoon. These classes will utilize the available rooms in the building. Leased Office Space • We intend to lease a portion of the building for office space to businesses and organizations. This initiative will generate rental income and contribute to the city’s tax revenue. City and Community Partnership • Recognizing the needs expressed by the city and anticipating other needs by the community, we aim to be great partners in finding ways to use our facility to enhance community needs. • We are open to utilizing our oversized parking lot for community events, such as fairs and farmers markets. • We also welcome the opportunity to have city signage on our property since we are at a key gateway entrance to the city. 90 Next City Council Meeting • Based on your advice and the need to make some changes, we would like to move our meeting from the upcoming July 9th scheduled meeting to the following fourth Tuesday in July or a later date, as determined, if we need to go back to the planning commission meeting. We believe these changes will clarify our use now and in the future. Please let us know the next steps in the process and if there is any additional information or documentation required from our side. We will submit a small presentation on the center later this week to be part of the packet. The updated concept plans are attached. Thank you for your attention to this matter. Jaylani Hussein Executive Director CAIR-Minnesota 1821 University Avenue W #306 St Paul, MN 55104 Office: (612) 206-3360 Cell:612-406-0070 www.cairmn.com Facebook Twitter 91 4651482 195617 KEY: TIBYAN COMMUNITY CENTER 2401 LOWRY AVE. NE ST. ANTHONY, MN SITE PLAN - PROPOSED 2/4/2024 A0 NEW PLAYGROUNDPROPOSED PLAYGROUND AREA (KEEP ROOF - REMOVE ISLANDS) NEW LANDSCAPE AREA NEW PLANTINGS 92 Print Before you begin this process, please consider a pre-application conference (by phone, email, or in person) with City community development staff. We are ready to assist in helping you understand the complexities of the review process, and the standards on which a potential application will be considered. We can also advise you on the materials that will help ensure you have a complete and clear application. City of St. Anthony City Hall 612-782-3301 Thanks for your interest in improving your property and reinvesting in the St. Anthony Village community. Fee and Escrow Terms By initialing below, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city’s consultants’ costs associated with reviewing the associated request. If the city’s consultants’ costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be collected from the applicatnt to cover the additional costs. Initial here to accept fee and escrow terms above* SJR Address of Property Involved* 2401 Lowry Ave N E Property ID Number* 0702923230002 Legal Description That Part Of The E 295 Ft Of W 395 Ft Of S 365 Ft Of NW 1/4 Lying N Of State Hwy No 63 Applicant Information Applicant Name* Stan Ross Applicant Email Address design2buildmn@live.com Land Use Application - Submission #7501 Date Submitted: 5/20/2024 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 1/3 93 Applicant Address 4892 Twins Court Applicant Phone Number* 6123964556 Property Information Property Owner (if different from above) Interstate Development Owner Email Address Owner Address 4892 Twins Court Owner Phone Number 6123964556 Appeal ($500 fee + $1,500 escrow) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial) Conditional Use Permit ($1,000 fee+ $750 escrow if residential; $2,500 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) Preliminary Plat ($750 fee + $1,500 escrow) Final Plat ($500 fee + $7500 escrow) Minor Subdivision/Lot Split ($500 fee + $1,500 escrow) Planned Unit Development (PUD) ($1,500 fee + $2500 escrow plus $50 escrow per residential unit ) Rezoning ($750 fee + $1,500 escrow) Zoning Text Amendment ($500 fee + $750 escrow) Site Plan ($500 fee + $750 escrow) Variance ($1,000 fee + $750 escrow if residential; $2,500 escrow if commercial/industrial) Type of Request (Check all that apply) Description of the Request (or a separate detailed narrative explaining the project) Tibyan Community Center will operate the building with Office and an After School Care Program. The After School Program will have classrooms and a multi-purpose room used for events and program services. There are three floors, however at this time only the First and Second Floors will be use. 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 2/3 94 Attachments 2024 05 17.pdf Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. I agree. Electronic Signature Agreement By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Electronic Signature* Stan J. Ross Payment Upon submission of this application, please mail or drop off payment for fee and escrow to City Hall 3301 Silver Lake Road, St. Anthony, MN 55418. 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 3/3 95 Design2 Build, Inc. Tibyan Center Exterior Photos Looking Northeast Looking North 96 Design2 Build, Inc. Tibyan Center Looking Northwest Looking West 97 Design2 Build, Inc. Tibyan Center Looking Southwest Looking South 98 Design2 Build, Inc. Tibyan Center Looking East 99 1 Jennifer Doyle From:Stan Ross <design2buildmn@live.com> Sent:Wednesday, May 22, 2024 9:25 AM To:Steve Grittman Cc:Jennifer Doyle; 2401 Lowry Ave; 2401 Lowry; Pat Aylward Subject:Re: 2401 Lowry Ave NE Caution: This email originated outside our organization; please use caution. Hi Steve, please see comments below for your questions. The client dropped off a check this morning for the Land Use Fees. Thank you Stan J Ross, AIA, NCARB Design 2 Build, Inc. 612‐396‐4556 licensed: IA, IL, KS, KY, MN, NC, NV, OH, OK, PA, SC, TX, WI, WV From: Stephen Grittman <steve.grittmanconsulting@gmail.com> Sent: Tuesday, May 21, 2024 2:48 PM To: design2buildmn@live.com <design2buildmn@live.com> Cc: Jennifer Doyle <jennifer.doyle@savmn.com> Subject: 2401 Lowry Ave NE Hello ‐ I have had a brief chance to look over the application for re‐use of the existing building as office space and after‐ school programming. To help the Planning Commission understand and evaluate the nature of the proposed use as it considers a zoning amendment, could you please add the following information? 1. The approximate square footage of the various uses, including offices, classrooms, multi‐purpose space, and vacant space. Offices: 8,000 sf, Classrooms 5,500 sf, Multi‐Purpose Space 6,000 sf, Vacant 9,000 sf 2. The number of employees who will be on‐site during peak times (assuming these are daytimes during week? or weekends? evenings?). Will office employees staff the after‐school program, or will that entail additional staff? 10‐20 employees during peak times, some of these would be in the classroom offices 3. The approximate number of students who will be on‐site during peak times, and approximate hours of operation. Approximately 100 students during peak times 4. The frequency and scope of "events" , such as building and attendance capacity, hours, etc. No classes Tuesday and limited on Thursday, otherwise all other days from 9AM ‐ 7PM 5. How students will arrive at the facility (e.g. driven by parents, etc. or buses?) ‐ and how they will be picked up? Parents drop‐off and pick‐up 6. If there is a common drop‐off and/or pick‐up time for parents arriving in cars, how will the cars queue or park on the property to avoid interfering with traffic on the adjoining street(s)? Parents park and enter building 7. Will there be outdoor use of the facility for the after‐school program, and if so, where on the property will that occur? A simple site plan would be helpful in this regard. No outdoor use currently planned. You don't often get email from design2buildmn@live.com. Learn why this is important 100 2 8. Is there any state or county licensing required for the after‐school programming that you will be required to carry, and if so, what is the status of that licensing? No license is required for the after school program. 9. Will you be making any changes to the site or building to accommodate the proposed use(s), including parking lot, green/open space, architectural exteriors, or interior remodeling? Very limited alterations: a few interior non‐load bearing walls removed to enlarged existing areas for classrooms and open areas for the Multi‐Purpose Space. Also, toilets enlarged and miscellaneous sinks added. 10. Will you be proposing any exterior signage as a part of the occupancy for these uses? Check the sign ordinance (Section 155 of the City Code) for details on allowable signage. Small signage for business name, planned signage will follow city sign code. Thanks for attending to these items. Assuming that you are able to provide this additional information to supplement the application over the next week or so, we are planning on scheduling a public hearing for this item at the June 18, 2024 Planning Commission meeting. Please let me know if you have any additional questions. ‐Steve G. St. Anthony City Planner ‐‐ Stephen Grittman Grittman Consulting 612‐409‐6503 Steve.GrittmanConsulting@gmail.com 101 Supplemental Q&A for 2401 Lowry PUD Amendment submitted by Stan Ross, 5/22/24 1. The approximate square footage of the various uses, including offices, classrooms, multi- purpose space, and vacant space. Offices: 8,000 sf, Classrooms 5,500 sf, Multi-Purpose Space 6,000 sf, Vacant 9,000 sf 2. The number of employees who will be on-site during peak times (assuming these are daytimes during week? or weekends? evenings?). Will office employees staff the after-school program, or will that entail additional staff? 10-20 employees during peak times, some of these would be in the classroom offices 3. The approximate number of students who will be on-site during peak times, and approximate hours of operation. Approximately 100 students during peak times 4. The frequency and scope of "events" , such as building and attendance capacity, hours, etc. No classes Tuesday and limited on Thursday, otherwise all other days from 9AM - 7PM 5. How students will arrive at the facility (e.g. driven by parents, etc. or buses?) - and how they will be picked up? Parents drop-off and pick-up 6. If there is a common drop-off and/or pick-up time for parents arriving in cars, how will the cars queue or park on the property to avoid interfering with traffic on the adjoining street(s)? Parents park and enter building 7. Will there be outdoor use of the facility for the after-school program, and if so, where on the property will that occur? A simple site plan would be helpful in this regard. No outdoor use currently planned. 8. Is there any state or county licensing required for the after-school programming that you will be required to carry, and if so, what is the status of that licensing? No license is required for the after school program. 9. Will you be making any changes to the site or building to accommodate the proposed use(s), including parking lot, green/open space, architectural exteriors, or interior remodeling? Very limited alterations: a few interior non-load bearing walls removed to enlarged existing areas for classrooms and open areas for the Multi-Purpose Space. Also, toilets enlarged and miscellaneous sinks added. 10. Will you be proposing any exterior signage as a part of the occupancy for these uses? Check the sign ordinance (Section 155 of the City Code) for details on allowable signage. Small signage for business name, planned signage will follow city sign code. 102 CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 24-063 A RESOLUTION APPROVING A REQUEST FOR AN AMENDMENT TO THE PUD ZONING DISTRICT FOR CHANGES TO THE USES AND DEVELOPMENT PLANS IN THE KENZIE TERRACE PUD OVERLAY DISTRICT WHEREAS, the City of St. Anthony Village received a request from the applicant and owner of 2401 Lowry Ave NE for an amendment to the subject PUD approvals on said property related to uses including religious assembly, community youth center, administrative and commercial office space, and other related uses; and WHEREAS, the property consists of approximately 1.9 acres and is located in the Kenzie Terrace PUD Overlay zoning district; and WHEREAS, the subject property is currently occupied by a vacant bank building and paved parking area; and WHEREAS, the proposed uses and facilities are allowed by the R-4 Zoning District which is incorporated into the Kenzie Terrace PUD District as the underlying zoning; and WHEREAS, consideration of a PUD amendment in such areas is required to avoid unreasonable negative impacts on adjoining properties, on the public rights of way, and on the requirements of the applicable zoning district; and WHEREAS, the conditions identified as a part of an approval for the proposed PUD amendment are necessary to ensure full compliance with the St. Anthony Village zoning ordinance and other public safety needs; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission held a public hearing on August 20th, 2024 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission recommended approval of the PUD Amendment with the conditions noted in the Staff report, and with the recommended staff conditions, are as listed below; and WHEREAS, the City Council makes the following findings of fact in support of the resolution for approval: 1.The land use plan chapter of the 2040 Comprehensive Plan identifies the site for Commercial Uses. 2.The 2040 Comprehensive Plan includes a variety of mixed use opportunities on Commercial property. 3.The current Kenzie Terrace PUD District references the R-4 District for alternatives to the approved PUD plans. 103 4.The R-4 District includes religious assembly uses as an allowed use, and by extension, these uses are allowable in the Kenzie Terrace PUD District. 5.The proposed use is a reasonable adaptive re-use of an existing vacant building and property. 6.Religious Assembly uses are commonly found in residential areas of the City, similar to the mixed residential neighborhoods near the proposed site. 7.The site is located on major roadways supporting traffic volumes generated by the property. 8.The applicant’s proposal provides an important service to the community at large, and justifies the departure from the original PUD goals. NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the City of St. Anthony Village accepts the findings and recommendations documented in the staff report and as identified herein, and as shown on the plans and narratives submitted in support of the amendment at 2401 Lowry Ave. NE in accordance with the following conditions: 1.Provide information on staffing during religious services in the multi-purpose room, and scale the capacity of the assembly to match the remaining available parking on the site, at the rate of 2.5 persons per parking space. 2.Provide an interior floor plan schematic that shows the planned multi-purpose space, and how assembly capacity will be controlled to meet the maximum imposed by the parking supply. 3.Close the westerly of the two access driveways to Kenzie Terrace, and add green space and landscaping to replace the driveway removal. 4.Provide a more detailed landscaping plan that identifies the proposed planting materials in the illustrated green spaces on the site, as well as the existing green spaces at the perimeter of the site, including a maintenance plan for improving those overgrown areas. 5.Provide information on the outdoor play area, including surfacing, amenities or structures in the play area, and method of separation from the adjacent driveway (fencing, etc.). 6.Preparation of a traffic and parking impact assessment, identifying the peak capacity of the site during busy periods, and how the site would accommodate both traffic distribution and parking needs. This assessment needs to incorporate the requirements of Hennepin County related to changes to use and access to Kenzie Terrace, a County jurisdiction roadway. 7.Information documenting environmental conditions on the property, and how the applicants propose to address those conditions given the proposes uses and changes to the site and/or building. Passed in regular session of the City Council on the 24th day of September. ____________________________________ Wendy Webster, Mayor 104 ATTEST:____________________________ Jennifer Doyle, City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager 105 THIS PAGE LEFT INTENTIONALLY BLANK 106 1 Charlie Yunker From:noreply@civicplus.com Sent:Wednesday, September 18, 2024 9:41 AM To:Charlie Yunker Subject:Online Form Submittal: Public Comments for City Council Meetings Caution: This email originated outside our organization; please use caution. Public Comments for City Council Meetings First Name Donald Last Name Jensen Phone Number 6128015834 Email Address dj2dmj@icloud.com Address 3004 Armour Terrace City Saint Anthony State MN Zip Code 55418 Public Comment 1) Thank you to the City for accelerating so many of the mill and overlay project phases into one larger project this year. 2) What is the City goal and task force timeline to sell the remaining City property that once was on the tax base. The carry cost is a burden to all residents in lost revue that could hold down future property tax increases. 3) What is the status of the City acquiring sanitary sewer service inspection tools to eliminate the cost for home owners and sellers to the private market for the required compliance certificates to convey property? If not all council members have completed this task for their own properties,what is your promise to the residents that you will do as asked of others? Email not displaying correctly? View it in your browser. 107 THIS PAGE LEFT INTENTIONALLY BLANK 108 Date Type Staff Present October 8 Work Session 2024 Long Term Capital Budget Plans City Facilities Discussion 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 15 Work Session Rental Housing Ordinances City Council City Manager City Planner Planning Commission October 22 Work Session Requirements for EV charging for new multi‐family projects City Council City Manager City Planner October 22 Regular Quarterly Donations & Grants Quarterly Goals Update Approve Union Contracts 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 18 Work Session Commission Interviews City Council City Manager November 26 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater Street Project Approve Plans & Specifications, Authorize Advertisement for Bids City Council City Manager December 10 Work Session 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 24 Regular January 14 Work Session City Council City Manager 2025 2024 FUTURE COUNCIL AGENDA ITEMS 109 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 February 11 Work Session City Council City Manager February 11 Regular Police Chief Swearing‐In Planning Commission items from January Public Hearing‐2025 Budget Calendar and Process 2025 Planning Commission Work Plan‐ (motion only) 2025 Parks and Environmental Commission Work Plan‐ (motion only) Administration Annual Report Liquor License Renewals (Consent Agenda) City Council City Manager Finance Director February 25 Work Session City Council City Manager February 25 Regular Water Conservation Poster Winners Adoption of Strategic Plan Liquor Annual Report City Council City Manager Liquor Op Manager March 11 Work Session City Council City Manager March 11 Regular Planning Commission Items from February Public Works Annual Report City Council City Manager Public Works Director March 25 Regular Police Annual Report Call for Public Hearing on Road Improvements and Assessments Order the Preparation of Assessments City Council City Manager Police Dept WSB April 8 Work Session City Council City Manager April 8 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 22 Regular Finance Annual Report Insurance Renewal & Tort Limits‐ Consent Road Improvements and Assessments‐ PUBLIC HEARING Villager of the Year and Business of the Year City Council City Manager Finance Director WSB May 13 Work Session City Council City Manager 110 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS May 13 Regular Planning Commission items from April City Council City Manager June 10 Work Session City Council City Manager June 10 Regular Planning Commission Items from May Authorize preparation of feasibility study for 2026 street project City Council City Manager June 24 Work Session Discuss Initial Debt Levy/Updated Street Improvement Plan City Council City Manager Finance Director June 24 Regular City Council City Manager July 9 Work Session 2026 Initial Property Tax Levy Scenarios City Council City Manager Finance Director July 9 Regular Planning Commission items from June Quarterly Donations & Grants Audit Report Quarterly Goals Update City Council City Manager Finance Director Police Chief July 22 Work Session City Council City Manager Police Chief July 22 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 12 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget City Council City Manager Finance Director August 12 Regular Planning Commission items from July Approve 2025 Feasibility Study and Order Plans and Specs City Council City Manager August 26 Work Session City Council City Manager City Planner August 26 Regular 2026 Proposed Budget & Levy Presentation City Council City Manager Finance Director September 9 Work Session City Council City Manager City Planner September 9 Regular Commissioner MaryJo McGuire Presentation Planning Commission items from August 2025 Preliminary Operating Budget and Debt Levy‐PUBLIC HEARING Students in Leadership‐Consent City Council City Manager Finance Director Engineer 111 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS September 23 Work Session City Council City Manager September 23 Regular Spirit of St. Anthony Award Fire Prevention Presentation Planning Commission items from August City Council City Manager Police Dept Fire Dept 112