Loading...
HomeMy WebLinkAbout09/22/2016 Meeting ••••• Meeting Location: Municipal Center • Apple 7100 147th Street West Valley Apple Valley, Minnesota 55124 September 22, 2016 CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA 7:00 PM 1. Call to Order and Pledge 2. Approve Agenda 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda 4. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda for consideration. A. Approve Minutes of September 8, 2016, Regular Meeting B. Approve State Gambling Exempt Permits for Apple Valley American Legion,Auxiliary Unit 1776, at Apple Valley American Legion, Post 1776 1. October 15, 2016 2. November 12, 2016 3. January 14, 2017 4. March 11, 2017 5. May 6, 2017 C. Adopt Resolution Appointing Judges for November 8, 2016, General Election D. Approve Truth-in-Taxation Insert E. Approve Release of Financial Guarantee F. Adopt Resolution Relating to Issuance of Senior Living Revenue Bonds and Adoption of Housing Program Pursuant to Minnesota Statutes, Chapter 462C; and Setting a Public Hearing on October 27, 2016, at 7:00 p.m. G. Adopt Resolution Affirming Satisfaction of Developer's (IMH Special Asset NT 175-AVN, LLC) Obligations and Release of First Mortgage H. Waive Second Reading and Pass Ordinance Amending Chapter 91 of the City Code, Regulating Catteries I. Approve Non-Exclusive License for Shared Retaining Walls on Lot 3, Block 1, Hunter Forrest (12841 Frost Point Court) and Lot 4, Block 1, Hunter Forrest (12842 Frost Point Court) J. Approve Agreement with Dick's Sanitation, Inc., for Refuse Collection Services K. Adopt a Resolution Setting Public Hearing at 7:00 p.m. on October 27, 2016, to Vacate Drainage and Utility Easements at 14800 Everest Avenue and 14751 Energy Way L. Approve Acceptance and Final Payment on Agreement with SwedeBro, Inc., d/b/a SwedeBro Resurfacing, for Project 2015-120,Apple Valley Community Center Aggregate Flooring M. Approve Acceptance and Final Payment on Agreement with Budget Sandblasting and Painting, Inc., for Project 2016-116, 2016 Concrete Cleaning & Sealing Services N. Approve Personnel Report O. Approve Claims and Bills 5. Regular Agenda Items A. Proclaim September 30, 2016, "Oktoberfest", and October 1, 2016, "Galaxiefest", Community Festivals B. Valley Oaks Dental (Southeast Corner of Granada Drive and 146th Street W.) 1. Hold Public Hearing on Vacation of Easements on Lots 1, 2, and 3, Block 3, Valley Commercial Park 2nd Addition, and Lot 1, Block 1, Northrup Conklin Addition(Preliminary Platted as Valley Oaks) 2. Adopt Resolution Completing Vacation of Easements 3. Adopt Resolution Approving Final Plat, Development Agreement, and Infiltration Maintenance Agreement for Lot 1, Block 1, Valley Oaks (14600 Granada Drive) C. Frontier Communications of Minnesota, Inc., Franchise 1. Adopt Resolution Approving Frontier Cable Franchise Application 2. Pass Ordinance Granting Franchise to Frontier Communications of Minnesota, Inc., to Construct, Operate, and Maintain a Cable System (Recommend waiving second reading) 3. Adopt Resolution Approving Sumniary Publication of Cable Ordinance D. Pass Ordinance Amending Chapter 91 of the City Code, Regulating Animals by Adding Language Relating to Potentially Dangerous Dogs (Recommend waiving second reading) E. Adopt Resolution Supporting Mayor Mary Hamann-Roland for 2nd Vice- President of the National League of Cities 6. Staff and Council Communications A. Fall Clean Up Day Presentation N/A B. Fire Prevention Week Presentation N/A 7. Approve Calendar of Upcoming Events 8. Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org 0000: ITEM: 4.A. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Minutes of September 8, 2016, Regular Meeting Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve the minutes of the regular meeting of September 8, 2016. SUMMARY: The minutes from the last regular City Council meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 2016 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 8, 2016, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Grendahl, and Hooppaw. ABSENT: Councilmember Bergman. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Parks Superintendent Adamini, City Engineer Anderson, Police Captain Bermel, Planner Bodmer, Fire Lieutenant Elvin, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Goodwin, seconded by Hooppaw, approving the agenda for tonight's meeting, as presented. Ayes -4 -Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Hooppaw, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Hooppaw, seconded by Grendahl, approving the minutes of the regular meeting of August 25, 2016, as written. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl,proclaiming October 9, 2016, as "CROP Hunger Walk Day" and asking citizens to become aware of hunger and its causes. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 2016 Page 2 MOTION: of Hooppaw, seconded by Grendahl, approving the concept plans and authorizing construction of Cortland Development Park. Ayes -4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving release of Natural Resource Management Permit financial guarantees for Primrose School of Apple Valley, Apple Valley East Family 2nd Addition, and Cobblestone Lake North Shore Addition, as listed in the Natural Resources Coordinator's memo. Ayes -4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-152 approving 2016 Special Assessment Roll No. 647, for hearing purposes, in the total amount of$150,436.43 for delinquent utility charges, and setting the public hearing, at 7:00 p.m., on October 13, 2016. Ayes -4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-153 authorizing distribution of the updated alternative Urban Area Wide Review (AUAR) and Mitigation Plan for Fischer Sand and Aggregate, LLP. Ayes -4 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving First Amendment to Declaration of Easements, First Amendment to Reciprocal Cross Easement Agreement, and First Amendment to Proof of Parking Agreement on Lot 1, Block 1 Knob Ridge 2nd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving Statement of Work Advanced Metering Procurement with SL-serco for Consultant Services, for project 2016- 101, Water Meter Replacement Program, in the amount of$60,000, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Agreement for recycling collection services, with A-1 Recycling, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving hiring the part time employees, as listed in the Personnel Report dated September 8, 2016. Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, to pay the claims and bills, check registers dated August 17, 2016, in the amount of$858,189.91, and August 24, 2016, in the amount of$2,251,431.48. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 2016 Page 3 FIREFIGHTERS'RELIEF ASSOCIATION BOOYA FUNDRAISER Fire Chief Thompson and Fire Lieutenant Elvin described activities planned for the Apple Valley Firefighters' Relief Association's 38th Annual Booya Fundraiser on September 17, 2016, at Fire Station 1. The event starts at 10:00 a.m. and everyone is invited to attend. Mayor Hamann-Roland thanked all the volunteers for their time and efforts in coordinating the Booya as well as the businesses for their generous support. MOTION: of Grendahl, seconded Goodwin, approving the Apple Valley Firefighters' Relief Association's 38th Annual Booya Fundraiser on September 17, 2016, at Fire Station 1. Ayes - 4 -Nays - 0. PROPOSED 2016 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the proposed 2017 budget and tax levy. He reviewed the budget timeline. Staff recommends the Council set the public budget meeting, formerly called the Truth-in-Taxation hearing, for December 8, 2016, which is a regularly scheduled Council meeting. He reviewed the budget considerations and significant impacts for 2017. The 2017 proposed budget requires a total levy of$24,850,000, an increase of$792,000 or 3.29% from 2016. He pointed out that once the preliminary budget is adopted, the total levy amount may decrease, but not increase. Discussion followed. Mayor Hamann-Roland reminded everyone that Apple Valley property owners do not receive special assessments for street maintenance projects. Discussion continued. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2016-154 approving the proposed 2017 budgets, with total revenue of$62,648,610 and expenditures of$72,632,905, and approving the proposed tax levy collectible in 2017 of$24,850,000. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded Grendahl, setting a public budget meeting on the proposed 2017 budgets and tax levy, at 7:00 p.m. on December 8, 2016. Ayes - 4 -Nays - 0. COMPREHENSIVE PLAN AMENDMENT—APPLE VILLA 1 ST ADDITION Ms. Bodmer reviewed the request by Delegard Apple Villa Properties, LLC, to construct a new 28-unit apartment building at 7800-7822 Whitney Drive. Adding units to the site would increase the density which would require a Comprehensive Plan Amendment. The petitioners seek authorization to submit the Comprehensive Plan Amendment to the Metropolitan Council. CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 2016 Page 4 Discussion followed. Ms. Bodmer continued with her presentation. She noted the developer held a neighborhood meeting on August 24, 2016, and reviewed the six issues identified at the meeting. The Planning Commission reviewed this item on July 6, 2016, and unanimously recommended approval of the project with conditions. Discussion continued. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2016-155 approving submitting to the Metropolitan Council an amendment to the 2030 Land Use Map of the Comprehensive Guide Plan redesignating portions of Apple Villa 1 st Addition and Namron Companys 1 st Addition, from "MD" (Medium Density Residential, 6 to 12 units/acre)to "HD" (High Density Residential, 12+ units/acre). Ayes - 4 -Nays - 0. Mr. Bob Heidbrink, representing Greenleaf Townhome Association, thanked the City Council for listening and addressing the neighborhood's concerns. COMMUNICATIONS Mayor Hamann-Roland invited everyone to the Apple Valley Fire Relief Association's booya on September 17 and the Tour de Apple Valley community bike ride on September 10. Mr. Lawell invited citizens interested in volunteering on the Urban Affairs Advisory Committee to submit an application to the City Clerk by September 30. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes -4 -Nays - 0. MOTION: of Grendahl, seconded Hooppaw, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 8:04 o'clock p.m. Respectfully Submitted, /s/Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on Mary Hamann-Roland, Mayor 0000: ITEM: 4.13. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve State Gambling Exempt Permits forApple ValleyAmerican Legion,Auxiliary Unit 1776, at Apple Valley American Legion, Post 1776 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley American Legion, Auxiliary Unit 1776, for use on October 15, 2016, November 12, 2016, January 14, 2017, March 11, 2017, and May 6, 2017, at Apple Valley American Legion, Post 1776, 14521 Granada Drive, and waiving any waiting period for State approval. SUMMARY: Apple Valley American Legion, Auxiliary Unit 1776, submitted applications for gambling events to be held at Apple Valley American Legion, Post 1776, 14521 Granada Drive, on: 1. October 15, 2016 2. November 12, 2016 3. January 14, 2017 4. March 11, 2017 5. May 6, 2017 The applications are on file should you wish to review them. BACKGROUND: Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. BUDGET IMPACT: N/A *00 *000 *000 09000 ITEM: 4.C. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Adopt Resolution Appointing Judges for November 8, 2016, General Election Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution appointing individuals listed in the resolution to serve as judges, election officials, and/or absentee ballot board members for the General Election to be held on November 8, 2016. SUMMARY: Attached for your consideration is a resolution appointing judges, election officials, and/or absentee ballot board members for the General Election to be held on November 8, 2016. The individuals listed in the resolution have indicated their willingness to serve at the upcoming election. BACKGROUND: In order to serve as a judge, the law requires regular judges to complete a minimum of two hours of training and head election judges to complete a minimum of three hours training. Many of the judges recommended to be appointed have completed their training in July and worked the Primary Election in August. Training for newly appointed judges will be completed in October. BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2016- CITY OF APPLE VALLEY JUDGES APPOINTED FOR THE 2016 GENERAL ELECTION PRECINCT 1 Redwood Community Center- 311 County Road 42 Charles Hokkanen PM Mary Anne Lantz Rae Konkol Michael Rose Kristen Moyer Richard Russell * Anthony Nelson Elizabeth Sullivan Darlene Sandey Theresa Shepherd Larissa Fisher Judy Jackson Bryan Peffer AM PRECINCT 2 Apple Valley Senior Center- 14601 Hayes Road Estella Banham Natalie Dillon AM Kathleen Bobadilla AM Muriel Gilbertson Faith Casciani AM Lori Gluck Cathleen Gempeler PM Kevin Lay PM Doreen Hanks Steve Raines Jill Niess Jim Rextraw Cathy Smalec PM * Shannan Menya Thomas Sagstetter PRECINCT 3 Westview Elementary School - 225 Garden View Drive William Franke Paul Bergevin Muriel Hilligan AM Anita Burke Patsy Meserow SS Catherine Jaszczak Tracy Pederson Corinne Johnson Cathy Reichert PM Curtis Martinson AM Ron Stack Debbie Wessman Russell Ward Richard Hanson Karen Paulson PM PRECINCT 4 Apple Valley Community Center- 14603 Haves Road Pamela Hale AM Evelyn Clifford Barbara Jean Johnson Rebecca Fry * Sandra Nelson Barbara Nelson PM Patricia Polum PM Patricia Riedell Kathy Smith Judy Sieve Pam Subject Candice Augustine AM Lana Hedlund AM Aydina Muratalieva PM * Amy Steeves PRECINCT 5A Hope Church - 7477 145th Street W. * Jill Middlecamp Cindy Andrus Jan Miller AM Marian Flanagan Charles Quinn PM JoAnn George PM Spencer Reppe John Hedlund * Phyllis Rowley Jay Hoekstra AM Jean Whalen Dannette Richards PM Kimberly Rivera AM Dorsey Grothe Ronald Samuels AM Patricia Koors Linda Laumb Patricia Steigerwald PM PRECINCT 5B Mount Olivet Assembly of God Church - 14201 Cedar Avenue * Karen Brean Jennifer Cooper Coleen Christensen Penny Ebel * Kaare Festvog Barb Gist Sandra Kline Amy Hershberger PM Ruth Morrow Margery Nelson David Mussoni PM Gloria Nyberg Allison Strauss Sharon Tadsen AM Camille Burin AM Sandra Lee Porter William Spychalla PRECINCT 6 Augustana Care Health and Rehabilitation of Apple Valley- 14650 Garrett Avenue Sharon Bassett PM Susan Anderson Patricia Briscoe AM Karen Bromund Leah Franke Heidi Crane Sieglinde Gassman AM Mary Ocel Audette Karan PM Linda Paseka Naomi Owen Paul Voigt PM Sheila Schuman Sharon Wilder AM Caroline Taylor PRECINCT 7 Shepherd of the Valley Lutheran Church - 12650 Johnny Cake Ridge Road Judith Bolin Ronald Caucutt Majel Fletty Charles Funderburk Claudia Nelson Joan Ludvigson PM Gail Sater * Jim Madigan Victoria Swanson AM * Brian Mahon Chuck Tindell Deborah Neff * Steven Wilson Clifford Habeck Sharon Hanson PRECINCT 8 Greenleaf Elementary School - 13333 Galaxie Avenue Penelope Curry Raye Anderson * Judy Madigan Lucette Cardey * Cynthia McDonald Delores Denny John Roberson Charles Loberg SS Valerie Root Lynne Meyer Julie Strauss Kevin Schleppenbach Sue Williams Margaret Tellers PM Sandra Scherb AM Judy Storlie PRECINCT 9 Community of Christ Church - 5990 - 134th Street Court Janette Brost Ronald Burke Anne Gedelman Gayle Hafstad PM Robin Gernandt Mary Jane Hanson AM Sally Hokkanen PM Ikram Huq Karen Seglem Fredrick Iglesia AM Grace Trewick Dale Kariya Cedric Waterman AM Ian McGregor Mary Mueller * Brian Buechele Alexandre St. Pierre PM PRECINCT 10 South Suburban Evangelical Free Church - 12600 Johnny Cake Ridge Road * Douglas Ackerman Zan Austian PM * Patricia Horne Samuel Belden PM Carol Johnson PM Deborah Cordes AM Mary Jo Kelly AM Ralph Dathe Mary Markes Virgie Jacobson AM Stephanie Smith Walton Mahlum AM Gabriel Thompson Dianne Jandt Steve Van Gordon Kathleen Koboski PM Marilyn Schwartz PRECINCT 11 ISD 196 District Service Center- 14445 Diamond Path Rachel Baumann Larry Debelak AM Lynn Filipas Mark Determan Charles Garber PM Evelyn Paulson PM * Craig Huber Martin Peter David Polansky Jason Phillips * Rae Lynn Zuehlke Linda Sweitzer AM Nancy Temte Darlene Kidwell Charles Sartell Peter Vogel PRECINCT 12 Spirit of Life Presbyterian Church - 14401 Pilot Knob Road Randy Bailey AM Pauline Dark Marilyn Boelke Patricia Gramentz Martha Hiltner Michael McCawley Monica Long Fayetta Osell * Carolyn Pal-Freeman Bonnie Sejba * Christine Parsons Michael Sindt PM Adam Hoffmann Brenda Peick Carole Smith PRECINCT 13 Diamond Path Elementary School of International Studies - 14455 Diamond Path Martha Allen David Gugino Robert Christensen Melford Henschel Keith Endreson SS Dawn Iglesia AM Kai Houlder Darlene Lemke * Merton Horne Maurice McClun Lillian McCawley AM Rhonda Tufte Norbert Sletten Paula Clark PM Dennis Hoehne PRECINCT 14 Apple Valley Municipal Center- 7100 147th Street W. * Cami Dirnberger Linda Blake Cykeitha Kataraia Rose Ann Egan PM * Michael Leick Donald Hansen Gladys McKnight Francis Kremer Janis Rivers Sharon Nygaard Carol Oltmans AM Lawrence Czarnecki PM Jana Gould Melinda Shults AM Patricia Zack PRECINCT 15 River Valley Church - 14898 Energy Way Donald Anderson James Brown Terry McKnight Lewis Dulek Warren Porter Mark Heruth PM Mary Lou Quayle Stephen Maytan AM Joyce Spicer Tracy Scott Gregory Hall Mary Jawish AM * Patricia Kriegl Angela Prehn PM * Denotes Co-Head Judge ABSENTEE BALLOT BOARD AND ELECTION OFFICIALS Val Abbott Nathan Ehlers Joan Murphy Brandi Aitken Peggy Faber Missy Nelson Diane Barse Judy Finger Jenae Pagel Michael Boerboon Charles Grawe Dorene Perkins Teri Bowar Cheryl Groves Ben Pierson Polly Brantner Melissa Haas Kathy Jo Price Jean Bryant Stephanie Marschall Jan Reiner Jane Byron Terry McNulty Lisa Reiten Julie Carlson Deb Melton Penny Stewart Laura Coleman-Heyne Mary Mueller Mary Thelen Colleen Elvin ABSENTEE BALLOT BOARD AND ALTERNATES Vikki Anderson PM Anita Burke Lynne Beck Jacquelyn Edwards Marilyn Boelke Frank Elvin Diana Buffie James Greenlee Cassandra Christensen AM Michelle Harker James Claude PM Sally Haukaas Kathryn Cole PM Michele laria Joan Farber Mary Anne Lantz David Freiberger Laura Martinson AM Jana Gould Colleen Nornes Theresa Granger Mary Perrault Laura Grossman Gary Sewell PM Janis Hartinger PM Charles Shults AM Douglas Hoffman Cheryl Sidler PM Marlene Hylbak Jan Smith Marybeth Jackson Linda Smith Darlene Kerr Colleen Wehmhoff Susan Kingsbury Lowell Williams AM Edward Marek John Windsor Sandy Nelson Paul Wunderlich Vicki O'Day PM Shelley O'Neill William Ohmann PM Robert Brown AM Phyllis Paetznick PM Jean Ferrara AM Leonard Pankuch Dennis Gillund Mark Peterson Fay Goldstrand Mary Roberson Judy Jackson Paulette Schwen PM Jamison Kortas Cathy Smalec Thomas Lhotka Roy Stricker Corey Schroeder Susan Swanson PM Judy Storlie Sharon Thomas Alva Williamson Paula Tigerman Laurel VanDake PM Deborah Wagner Michael Boerboon PM Debra Wagner BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the foregoing individuals are hereby appointed as judges for the General Election to be held on November 8, 2016, in the City of Apple Valley with the understanding that amendments may be necessary to the appointments in order to fill vacancies. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to make the necessary substitutions. Judges will be paid at the rate of$9.50 per hour and Co-Head Judges at $11.00 per hour for time trained and worked. ADOPTED this 22nd day of September, 2016. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk *00 *000 *000 09000 ITEM: 4.D. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Truth-in-Taxation Insert Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Motion to approve the attached Truth in Taxation Insert. SUMMARY: The City of Apple Valley has the option to include a 1/3 page insert along with the Truth in Taxation Notice that will be mailed to property owners in November. The insert provides the opportunity to include additional information on the budget. Staff recommends that an insert be included with the notice and attached is a draft of the proposed insert. We propose to have it printed in color on plain paper. The focus of this year's insert is on the budget impacts of the annual street maintenance program The printing and inserting costs of the insert are the responsibility of the City. The printing cost for 18,600 color inserts will be approximately $700. The City's share of the County's cost for sending out last the pay 2016 Truth in Taxation Notices was $3,438. BACKGROUND: BUDGET IMPACT: ATTACHMENTS: Background Material Apple Valley's Budget Preserves the Public's Investment in City Streets Apple The City's 2017 property tax levy reflects the City Council's focus on protecting and maintaining the condition of the City's Valley streets by addressing upcoming street reconstruction needs. Some of Apple Valley's oldest streets have reached the point of requiring reconstruction. The City Council's policy avoids levying special assessments for street maintenance costs against benefiting properties.Instead,the City Council chose to apply a significant portion of the annual property tax levy towards the Street Maintenance Program thereby avoiding the need to levy additional special assessments for these costs. The City Council approved the preliminary budget for 2017 on September 8, 2016. The result of the proposed budget on the median-valued home is an increase of approximately$28 in City taxes, or 3%,for a total of$971. See the back for the breakdown on how your tax dollars are used by the City. The levy to support the proposed 2017 budget shows an increase of 3.3%, for a total of$24,850,000. The total tax levy includes the annual Street Maintenance Program funding which increases 10%to$3,332,100. Breakdown of 2017 Property Tax Levy 2016 2017 Chane %Change General Fund $19,539,555 $19,898,070 $ 358,515 1.8% Street Maintenance Program 3,028,200 3,332,100 303,900 10.0% Ice Arena Support 121,000 121,000 -0- 0.0% Debt Service 1,369,245 1,498,830 129,585 4.8% Total $ 24,058,000 1 $24,850,000 $ 792,000 1 3.3% For additional information on the City's budget,look for information in the City's newsletter the CityNews,call Finance Director Ron Hedberg, at 952-953-2540,attend the Truth in Taxation Meeting on December 8,2016,or visit the City's website at www.ci.apple-valley.mn.us. Street Maintenance Program Addresses Over 46 Miles of Street in First Four Years The Street Maintenance Program preserves the condition of the streets Share of Annual Property Tax Bill of$971 throughout the community. Residents and property owners are not Street specially assessed for this work, as the costs of the program are Public Works Maintenance Program incorporated into the property tax levy. Approximately$114 of the 2017 $1131 \ � $114 property tax bill for the median-valued home of $224,900 will go to support the annual Street Maintenance Program, which is an increase of Fire$72 $10 from the prior year. Park$ General Recreation -Government In the first four years of operation, the City of Apple Valley completed $155 ®i $63 Debt Service maintenance on approximately 46 miles of streets consisting of one of $51 the following three methods: _ community • Micro-surfacing/fog sealing-sealing the pavement surface Development • Overlay - placement of a new 1-inch to 2-inch thick asphalt $32 surface on the street Police$291 Unallocated Finance&IT • Full-depth pavement replacement $28 $52 For more information on the annual Street Maintenance Program visit the City of Apple Valley's website at www.ci.apple-valley.mn.us. 0000: ITEM: 4.E. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Release of Financial Guarantee Staff Contact: Department/ Division: Joan Murphy, Department Assistant Community Development Department ACTION REQUESTED: Approve release of financial guarantee. SUMMARY: The City holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of this development indicates that the following action is in order: 1. Apple Valley East Commercial/ Cash Check No. 5003 Primrose School of Apple Valley Original Deposit on 7/10/15 $33,975.00 (PC15-03-ZSB) Reduced on 1/28/16 to $5000.00 Reduce now to $ 0.00 BACKGROUND: N/A BUDGET IMPACT: N/A *00 *000 *000 09000 ITEM: 4.F. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Adopt Resolution Relating to Issuance of Senior Living Revenue Bonds and Adoption of Housing Program Pursuant to Minnesota Statutes, Chapter 462C; and Setting a Public Hearing on October 27, 2016, at 7:00 p.m. Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution relating to the issuance of Senior Living Revenue Bonds and adoption of a Housing Program related thereto pursuant to Minnesota Statutes, Chapter 462C; and calling for a public hearing thereon. SUMMARY: The City Council is asked to set a public hearing for Thursday, October 27, 2016, at 7:00 P.M. on the issuance of Senior Living Revenue Bonds to be issued to fund the acquisition and improvements of senior living facilities in Apple Valley and other communities. The City has received a request from Minnesota Senior Living, LLC, a 501(c)(3) non-profit to issue revenue bonds. These bonds are payable only from the revenues of Minnesota Senior Living, LLC and are not an obligation of the City of Apple Valley. BACKGROUND: Minnesota Senior Living, LLC, has requested the City of Apple Valley issue revenue bonds to finance the costs of acquisition, or acquisition and improvement, of existing senior living facilities located in the City of Apple Valley, as well as Burnsville, Brooklyn Park, Crystal and Wayzata. The involved Apple Valley property is the Timbers located at 14018 Pennock Avenue. Minnesota Senior Living, LLC, is a subsidiary of Presbyterian Retirement Communities Northwest, Inc., a State of Washington nonprofit corporation. Presbyterian Retirement Communities Northwest, Inc. is not related to Presbyterian Homes that is currently developing a project in Apple Valley. BUDGET IMPACT: There will not be a budget impact, all costs associated with the issuance are to be reimbursed by Minnesota Senior Living, LLC. In addition the applicant will pay a conduit debt issuance fee. ATTACHMENTS: Resolution CERTIFICATE CITY OF APPLE VALLEY 1, the undersigned, being a duly qualified and acting officer of the City of Apple Valley, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: A RESOLUTION RELATING TO THE ISSUANCE OF SENIOR LIVING REVENUE BONDS AND ADOPTION OF A HOUSING PROGRAM RELATED THERETO PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; AND CALLING A PUBLIC HEARING THEREON 4. 1 further certify that the affirmative vote on said resolution was ayes, nays, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such officer this day of , 2016. Pamela J. Gackstetter, City Clerk RESOLUTION NO. A RESOLUTION RELATING TO THE ISSUANCE OF SENIOR LIVING REVENUE BONDS AND ADOPTION OF A HOUSING PROGRAM RELATED THERETO PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; AND CALLING A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Apple Valley, Minnesota (the "City"), as follows: Section 1. Recitals. I.I. The City is authorized by Minnesota Statutes, Chapter 462C, as amended (the "Act"), to adopt a program to finance multifamily housing developments within its boundaries and to issue its revenue bonds to finance developments included in a similar program, which revenue bonds or notes shall be payable solely from revenues of developments or other security pledged therefor. 1.2. Minnesota Senior Living LLC, a Minnesota limited liability company (the "Borrower"), has requested that the City issue its taxable and tax-exempt revenue bonds in a principal amount not to exceed $160,000,000 (the "Bonds"), on behalf of the Borrower. Proceeds of the Bonds will be loaned to the Borrower and applied to finance costs of acquisition, or acquisition and improvement, of existing senior living facilities located in the City and the Cities of Burnsville, Brooklyn Park, Crystal, and Wayzata, Minnesota (each a "Facility," and collectively, the "Facilities"). 1.3. The Facility located in the City consists of an existing 106-unit senior housing facility located at 14018 Pennock Avenue (the "Apple Valley Facility"). The Apple Valley Facility will be owned and operated by the Borrower. 1.4. In connection with the issuance of the Bonds, and pursuant to the Act, the City has developed and there is attached as Exhibit A hereto a Housing Program (the "Housing Program"). Section 2. Public Hearing, 2.1. The Act provides that the City may adopt the Housing Program and issue its revenue bonds or notes to finance multifamily housing developments upon the conditions specified in the Act, including the holding of a public hearing following not fewer than fifteen (15) days' published notice. 2.2. Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations thereunder, further requires that, as a condition to the exemption from federal income taxation of interest on the all or a portion of the Bonds, a public hearing be conducted by the City on the proposed issuance of the Bonds. 2.3. A public hearing on the Housing Program and the issuance of the Bonds is hereby called and shall be held on Thursday, October 27, 2016, at 7:00 P.M., at the City Hall. 2.4. The City Clerk shall cause notice of the public hearing, substantially in the form attached as Exhibit B, to be published in a newspaper of general circulation in the City at least once not less than fifteen (15) days prior to the date fixed for the public hearing. ADOPTED this 22nd day of September, 2016. Mary Hamann-Roland, Mayor Attest: Pamela J. Gackstetter, City Clerk 2 EXHIBIT A PROGRAM FOR SENIOR MULTIFAMILY HOUSING DEVELOPMENTS UNDER MINNESOTA STATUTES, CHAPTER 462C MINNESOTA SENIOR LIVING LLC Proposal; Authority. The City of Apple Valley, Minnesota (the "City") proposes to (a) adopt a Housing Program pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), (b) issue its taxable and tax-exempt revenue bonds thereunder, and (c) pursuant to applicable authority conferred upon the City by the laws of the State of Minnesota, including without limitation the Act, take such other actions as may be necessary or desirable in furtherance of the objective of financing the acquisition or acquisition and improvement of the senior housing developments described as follows (the "Developments"): 1. 14018 Pennock Avenue, Apple Valley, Minnesota a. 106-units of independent living 2. 8500 Tessman Farm Road, Brooklyn Park, Minnesota a. 105-units of independent living b. 50-units of assisted living 3. 700062 nd Avenue North, Brooklyn Park, Minnesota a. 144-units of independent living 4. 6288 Louisiana Court, Brooklyn Park, Minnesota a. 24-units of independent living b. 60-units of assisted living c. 35-units of memory care 5. 11111 Rivers Hill Drive, Burnsville, Minnesota a. 104-units of independent living b. 59-units of assisted living c. 11-units of memory care 6. 2900 North Douglas Drive, Crystal, Minnesota a. 135-units of independent living 7. 3000 North Douglas Drive, Crystal, Minnesota a. 83-units of assisted living 8. 163 Wayzata Boulevard West, Wayzata, Minnesota a. 64-units of assisted living b. 8-units of memory care This Housing Program is subject to amendment or waiver by the City. Purposes. In creating this Housing Program, the City is acting in furtherance of its findings that the preservation of the quality of life in the City is in part dependent upon the maintenance and provision of adequate, decent, safe, sanitary, and affordable housing stock, including housing for the elderly, within the meaning of the Act; that accomplishing the goals of this Housing Program is a public purpose and will benefit the residents of the City; that the need exists within the City to provide affordable housing facilities to and for the benefit of elderly A-1 persons; that there exist or are expected to exist elderly persons and families within the City who are and will be able to benefit from and are in need of this Housing Program; that this Housing Program is necessary in view of the limited resources that may be available to such persons relative to the expenses involved in accomplishing the type of objectives outlined in this Housing Program in the absence of one or more of the forms of assistance described herein or otherwise available pursuant to the Act; and that the City hereby finds that such forms of assistance are often necessary for the benefit of such persons, families, and goals and that, furthermore, the successful implementation of the objectives of the kind described in this Housing Program has been found to provide impetus for the development of other housing and health care facilities, as well as the general development of the City, by other persons who are not the beneficiaries of such governmentally sponsored or assisted activities. Housing _Purposes. More particularly, the City finds that there exists a need for senior housing facilities for elderly persons, due to a variety of factors, including that the cost of new construction may in many cases prove economically unfeasible, given the high costs of construction and prevailing area rental levels, and that therefore appropriate levels of public assistance may be helpful and necessary in bridging that gap. General Description of the Program. This Housing Program consists of assisting in financing the acquisition or acquisition and improvement of the Developments; however, this Housing Program is limited to the facility located in the City. The owner and operator of the Developments will be Minnesota Senior Living LLC, a Minnesota limited liability company (the "Borrower"). The Developments are intended for residency solely by elderly and disabled persons, and consequently, no income limits apply under the Act or other state law; however, the Borrower intends to operate the Developments in compliance with the affordability parameters of Section 142(d)(1) of the Internal Revenue Code of 1986, as amended. Revenue Bonds. Financing for the Developments will be obtained through the issuance of taxable and tax-exempt revenue bonds by the City pursuant to the Act (the "Bonds"). The maximum principal amount of Bonds to be issued by the City is expected not to exceed $160,000,000. The proceeds of the Bonds will be loaned to the Borrower under a loan agreement. Loan repayments made by the Borrower under the loan agreement will be applied to payments of principal of and interest and premium, if any, owing on the Bonds. The proceeds of the Bonds will provide financing for (i) the acquisition or acquisition and improvement of the Developments; (ii) certain capital expenditures and working capital costs related to the Developments; (iii)the funding of one or more reserve funds to secure the timely payment of the Bonds; and(iv) the payment of costs of issuing the Bonds. Monitoring Methods. It is believed the oversight exercised by the trustee bank and certain other parties will be adequate to insure the Housing Program as presented is in fact carried out. The Developments must be operated by the Borrower in accordance with various operating covenants (relating to such things as maintenance, insurance, etc.) to be contained in the loan agreement(s) and related documents to be entered into by the City, the Borrower and certain other parties, which loan agreement(s) and related documents will be assigned by the City, to the extent of the City's interests, to the trustee bank as security for the Bondholders. The Trustee, as designee of the City, will be required to monitor compliance with the income and rent A-2 restrictions set forth in a Regulatory Agreement with respect to the Developments and will require regular reporting from the Borrower. Meeting Needs. The City believes that this Housing Program will meet the need identified by the City for ongoing availability of senior housing facilities. The specific methods anticipated to be used include the issuance of revenue bonds under the Act to provide feasible financing for the Developments. Authorization. This Housing Program is undertaken pursuant to Minnesota Statutes, Chapter 462C. Costs. The costs of the Developments and this Housing Program, including specifically the costs of the City generally, will be paid or reimbursed by the Borrower. A-3 EXHIBIT B NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF SENIOR LIVING REVENUE BONDS AND ADOPTION OF A HOUSING PROGRAM RELATED THERETO PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C NOTICE IS HEREBY GIVEN that a public hearing shall be conducted by the City Council of the City of Apple Valley, Minnesota (the "City") on a housing program (the "Program") and the proposal that the City issue its tax-exempt revenue bonds in an aggregate principal amount not to exceed $155,000,000 (the "Bonds") on behalf of Minnesota Senior Living LLC, a Minnesota limited liability company (the "Borrower"), pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"). The Bonds will be issued by the City at the request of the Borrower. The proceeds of the Bonds will be loaned to the Borrower to provide financing for (i) the acquisition or acquisition and improvement of certain senior housing developments located in the City and Brooklyn Park, Burnsville, Crystal, and Wayzata, Minnesota (the "Developments"), (ii) certain capital expenditures and working capital costs related to the Developments, (iii) the funding of debt service reserve funds with respect to the Bonds, and (iv) a portion of the costs of issuing the Bonds, all pursuant to the Act. The Developments in the City consist of a 106-unit senior housing facility located at 14018 Pennock Avenue. The Developments in Brooklyn Park, Minnesota, consist of(a) a 155-unit senior housing facility located at 8500 Tessman Farm Road, (b) a 144-unit senior housing facility located at 7000 62nd Avenue North, and (c) a 119-unit senior housing facility located at 6288 Louisiana Court. The Developments in Burnsville, Minnesota, consist of a 174-unit senior housing facility, located at 11111 Rivers Hill Drive. The Developments in Crystal, Minnesota, consist of(a) a 135-unit senior housing facility located at 2900 North Douglas Drive, and (b) a 83-unit senior housing facility located at 3000 North Douglas Drive. The Developments in Wayzata, Minnesota, consist of a 72-unit senior housing facility located at 163 Wayzata Boulevard West. The Borrower will be the initial owner and operator of the Developments. The Bonds or other obligations, as and when issued, will not constitute a charge, lien, or encumbrance upon any property of the City, except the revenues of the City derived from the Developments pursuant to a loan agreement with the Borrower (the "Loan Agreement"). Such Bonds or obligations will not be a charge against the City's general credit or taxing powers, but will be payable from sums to be paid by the Borrower pursuant to the Loan Agreement. The hearing will be held at City Hall, 7100 147th Street West in the City on Thursday, October 27, 2016, at 7:00 P.M. At said time and place the City Council shall give all parties who appear or submit written comments an opportunity to express their views with respect to the proposal. Copies of the Program are available at the offices of the City. B-I The Developments involve assistance for housing and, accordingly, the issuance of the Bonds is not a business subsidy, within the meaning of Minnesota Statutes, Sections 116J.993 to 116J.995, as amended. Dated: September 22, 2016. CITY OF APPLE VALLEY, MINNESOTA By /s/Pamela J. Gackstetter, City Clerk B-2 4843-7739-8070\3 *00 *000 *000 09000 ITEM: 4.G. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Adopt Resolution Affirming Satisfaction of Developer's (I MH Special Asset NT 175-AVN, LLC) Obligations and Release of First Mortgage Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution affirming satisfaction of developer's obligations and release of first mortgage. SUMMARY: On July 10, 2014, the City Council and the Apple Valley Economic Development Authority (EDA) authorized entering into a Development Assistance Agreement with DMH Special Asset NT 175-AVN, LLC (IMM related to the development of the Parkside Gabella Apartments. One provision of the Development Assistance Agreement was for the City to provide upfront assistance to the development. The agreement provided for IMH to repay this assistance if the goals identified in the development agreement were not met. The City received a mortgage to provide security that the assistance would be repaid in the event the goals were not met. The Parkside Gabella project is complete and the goals for the Phase I Parkside Gabella development have been met. The agreement calls for the release of the mortgage once the goals have been met. BACKGROUND: The assistance provided by the development assistance agreement offsets the site improvement and construction costs of constructing the Parkside Gabella Apartment project consisting of 196 units. The construction of Parkside Gabella is complete and the final certificate of occupancy was issued on May 31, 2016. The development assistance agreement provided for the up-front assistance offsetting development costs for the Parkside Gabella Phase I improvements up to $576,000 of eligible costs associated with site improvements and constructing the Parkside Gabella Apartments. IMH has submitted invoices for eligible costs related to the site improvements and construction of Parkside Gabella Apartments totaling $23,375,600, which exceeds the maximum of$2,684,000. The amounts provided as upfront assistance will be recovered over the life of TIF District No. 15, through the retention of 30% of any available tax increment generated. BUDGET IMPACT: ATTACHMENTS: Resolution Background Material Background Material Background Material CITY OF APPLE VALLEY RESOLUTION NO. 2016- A RESOLUTION AFFIRMING SATISTACTION OF DEVELOPER'S OBLIGATIONS AND RELEASE OF FIRST MORTAGE WHEREAS,pursuant to the Tax Increment Act, set forth in Minnesota Statutes, Sections 469.124 to 469.133, the City of Apple Valley and the Apple Valley Economic Development Authority("EDA") entered into a development assistance agreement with IMH Special Asset NT 175-AVN("IMH"); and WHEREAS, the terms of the City's agreement with IMH Special Asset NT 175-AVN, LLC are set forth in the Amended and Restated Development Assistance Agreement, dated August 18, 2014 ("Agreement"); and WHEREAS, the City of Apple Valley has advanced$576,000 under the terms of the Amended and Restated Development Agreement.; and WHEREAS, a First Mortgage has been executed and recorded securing the City's interest, which is to be released upon a certificate of occupancy being issued for the Phase I minimum Improvements; and WHEREAS, IMH Special Asset NT 175-AVN certified that it has met the Phase I Minimum Improvements and has received a certificate of occupancy set forth in Section 3.1 of the Agreement; and WHEREAS, no Event of Default, as defined in Section 9.1 of the Agreement, currently exists; and NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Apple Valley affirms the satisfaction of the Developer's Obligations and Release of First Mortgage. ADOPTED this 22nd day of September, 2016. Mary Hamann-Roland, Mayor Attest: Pamela J. Gackstetter, City Clerk (Top 3 inches reserved for recording data) MORTGAGE SATISFACTION by Business Entity DATE: September ,2016 THAT CERTAIN MORTGAGE owned by the undersigned,a municipal corporation under the laws of Minnesota,dated December 3,2014, executed by IMH Special Asset NT 175-AVN,LLC,a limited liability company under the laws of Arizona,as mortgagor,to the City of Apple Valley,a Minnesota municipal corporation,as mortgagee,and recorded on December 8,2014,as Document Number 3041673 in the Office of the County Recorder of Dakota County,Minnesota, is with the indebtedness thereby secured,fully paid and satisfied. City of Apple Valley By: Mary Hamann-Roland Its: Mayor By: Pamela J.Gackstetter Its: City Clerk State of Minnesota,County of Dakota This instrument was acknowledged before me on September 2016, by Mary Hamann-Roland as Mayor and by Pamela Gackstetter as City Clerk of the City of Apple Valley. (Stamp) (signature of notarial officer) Title(and Rank): My commission expires: (monthldaylyear) THIS INSTRUMENT WAS DRAFTED BY: Dougherty,Molenda,Solfest,Hills&Bauer,P.A. 14985 Glazier Avenue,Suite 525 Apple Valley,MN 55124 PV ECB-2052 Page 1 of 1 Receipt#352869 I IIIIII VIII(IIII VIII VIII VIII VIII IIII IIII MRT RTI IV FEE $x_00$1'7 3041673 $5.55 CONSERVATION ATT COPY $5.00 $2.00 Recorded on: 12/8/2014 10:06:14gM By: STG, Deputy Retum to: DOUGFIERTY MOLENDA 7300 WEST 147TH STREET 'TEAPPLE VALLEY,MN 55124 Joel T. Beckman County Recorder Dakota County,MN (Top 3 inches reserved for recording data) MORTGAGE by Business Entity MORTGAGE REGISTRY TAX DATE: 2014 DUE: $1,123.55 THIS MORTGAGE ("Mortgage") is given by IMH Special Asset NT 175-AVN, LLC, a limited liability company under the laws of Arizona, as mortgagor (`Borrower"), to the City of Apple Valley, a Minnesota municipal corporation, as mortgagee ("Lender"). In consideration of the receipt of Four Hundred Eighty-Eight Thousand Five Hundred and No/100 Dollars ($488,500.00) (the "Indebtedness") from Lender, Borrower hereby mortgages, with power of sale,the real property in Dakota County, Minnesota, legally described as follows: Lot 1, Block 1, Lot 1, Block 9, and Lots I and 2, Block 10, All in THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof. Check here if all,or part of the described real property is Registered(Tonens) ❑ together with all hereditaments and appurtenances belonging thereto(the "Property"), subject to the following exceptions: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; and (e) The lien of real estate taxes and installments of special assessments not yet due and payable. Borrower covenants with Lender as follows: 1. Repayment of Indebtedness. If Borrower (a) either (i) substantially completes the Minimum Improvements to the Development Property, as defined in and in accordance with the terms of the Amended and Restated Development Assistance Agreement dated July 1, 2014, by and among Apple Valley Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota(the "Authority"), Lender and Borrower and all amendments thereto (the "Development Assistance Agreement") as evidenced by the issuance of certificates of occupancy for the Minimum Improvements, or (ii) pays the Indebtedness to Lender ; (b)pays all interest on the Indebtedness that may come due as provided in the Development Assistance Agreement; (c)repays to Lender, at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage; and (d) keeps and performs all the covenants and agreements contained herein, then Borrower's obligations under this Mortgage will be satisfied, and Lender will deliver an executed satisfaction of this Mortgage to Borrower. It is Borrower's responsibility to record any satisfaction of this Mortgage at Borrower's expense. 2. Statutory Covenants. Borrower makes and includes in this Mortgage the following covenants and provisions set forth in Minn. Stat. 507.15, and the relevant statutory covenant equivalents contained therein are hereby incorporated by reference: (a) To warrant the title to the Property; (b) To pay the Indebtedness as herein provided; (c) To pay all taxes; (d) That the Property shall be kept in repair and no waste shall be committed; and (e) To pay principal and interest on prior mortgages (if any). 3. Additional Representations, Covenants and Agreements of Borrower. Borrower makes the following additional representations,covenants and agreements with Lender: (a) Borrower hereby restates and re-affirms all representations, warranties and covenants of Borrower contained in the Development Assistance Agreement. (b) Borrower acknowledges and agrees that neither Lender nor the Authority is in default under the Development Assistance Agreement. (c) If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts due by Borrower to Lender under the Development Assistance Agreement, even if such amounts are not then due to be paid. Such amounts first will be applied to unpaid accrued interest, if any, and next to the principal to be paid as provided in the Development Assistance Agreement in the inverse order of their maturity. Such payment(s) will not postpone the due date of the installments to be paid pursuant to the Development Assistance Agreement or change the amount of such installments. The balance of the money paid pursuant to such condemnation or conveyance in lieu thereof, if any, will be the property of Borrower. (d) Borrower will pay any other expenses and attorneys' fees incurred by Lender pursuant to the Development Assistance Agreement or as reasonably required for the protection of the lien of this Mortgage. 2 i 4. Payment by Lender. If Borrower fails to pay any amounts to be paid hereunder to Lender or any third parties, Lender may make such payments. The sums so paid shall be additional Indebtedness, bear interest from the date of such payment at the rate of eight percent (8%) per annum, be an additional lien upon the Property, and be immediately due and payable upon written demand. This Mortgage secures the repayment of such advances. 5. Default. In case of default (i) in the payment of sums to be paid under the Development Assistance Agreement or this Mortgage, when the same becomes due, (ii) in any of the covenants set forth in this Mortgage, (iii) under the terms of the Development Assistance Agreement, or (iv) under any addendum attached to this Mortgage, Lender may declare the unpaid balance of the Indebtedness and the interest accrued thereon, together with all sums advanced hereunder, immediately due and payable without notice, and Borrower hereby authorizes and empowers Lender to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same in fee simple in accordance with Minn. Stat. Ch. 580, and out of the monies arising from such sale, to retain all sums secured hereby,with interest and all legal costs and charges of such foreclosure and the maximum attorneys' fees permitted by law, which costs, charges, and fees Borrower agrees to pay. 6. Transfer Restrictions. Borrower may not sell, assign, or otherwise transfer all or any part of Borrower's interest in the Property, and a controlling interest in Borrower may not be transferred without the written consent of Lender, which consent may be granted or withheld in the sole discretion of Lender. 7. Hazardous Substances. Borrower shall not bring, store, generate, or treat hazardous substances, toxic wastes, or petroleum products on the Property. Borrower hereby indemnifies, defends, and holds Lender harmless from any and all claims, demands, actions, causes of action, liabilities or rights which may be asserted against Lender with respect to such substances, wastes, or products. This obligation shall survive the satisfaction or foreclosure of this Mortgage. 8. Governing Law; Severability. This Mortgage shall be governed by the laws of Minnesota. In the event that any provision or clause of this Mortgage or the Development Assistance Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Development Assistance Agreement which can be given effect without the conflicting provision. 9. Binding Effect. Terms of this Mortgage will run with the Property and bind the parties hereto and their successors in interest. [Signature page follows] 3 n BORROWER: IMH SPECIAL ASSET NT 175-AVN, LLC an Arizona limited liability company By: Rv1H Financial Corporation, a Delaware corporation Its: Sole Member —7 By 5T'c�fN f�rfa� Its C FO STATE OF ARIZONA ) ) SS COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this 3P day of E- \6K- 2014,by SNE�w-T. n om, the e FD of IMII Financial Corporation, a Delaware corporation, Sole Member of IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company, on behalf of the limited liability company. k fi Notary Public WAVAT J.CRAFT THIS INSTRUMENT WAS DRAFTED BY: owl PON-A11M DOUGHERTY, MOLENDA, SOLFEST �cloft NowCjW 19.20t! HILLS &BAUER P.A. Pq 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952)432-3136 (MDK: 66-32849) 4 EXECUTION COPY AMENDED AND RESTATED DEVELOPMENT ASSISTANCE AGREEMENT BY AND AMONG THE APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA TIME CITY OF APPLE VALLEY,MINNESOTA AND IMH SPECIAL ASSET NT 175-AVN, LLC This document drafted by: BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 63277903 Table of Contents Page ARTICLE1 DEFINITIONS................................................................................................. 3 Section1.1 Definitions............................................................................................ 3 ARTICLE 11 REPRESENTATIONS AND WARRANTIES................................................7 Section 2.1 Representations mid Warranties of the City.........................................7 Section 2.2 Representations and Warranties of the Authority................................7 Section 2.3 Representations and Warranties of the Developer............................... 8 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY'..................................... 10 Section 3.1 Phase 1 Development Property.......................................................... 10 Section 3.2 Phase 2 Development Property.......................................................... I 1 Section 3.3 Site Improvements, Minunum Improvements and Legal and Administrative Expenses................................................................... 12 Section 3.4 Reimbursement: Phase 1 TIF Note.................................................... 12 Section 3.5 Reimbursement: Phase 2 TIF Note.................................................... 13 Section 3.6 Compliance with Low and Moderate Income Requirements ............ 14 ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS.............................. 16 Section 4.1 Construction of Minimum Improvements ......................................... 16 Section 4.2 Construction Plans............................................................................. 16 Section 4.3 Commencement and Completion of Construction of the Phase 1 Minimum Improvements ................................................................ 17 Section 4.4 Commencement and Completion of Construction of the Phase 2 Minimum Improvements ................................................................ 17 ARTICLEV INSURANCE.....................................................................I........................... 18 Section 5.1 Insurance............................................................................................ 18 Section 5.2 Condemnation.................................................................................... 19 Section 5.3 Reconstruction or Payment................................................................20 Section 5.4 Relationship to Mortgagee.................................................................20 ARTICLE VI ASSESSMENT AGREEMENTS AND OTHER COVENANTS.................21 Section 6.1 Execution of Assessment Agreements...............................................21 Section 6.2 Real Property Taxes...........................................................................22 ARTICLE VII MORTGAGE FINANCING..........................................................................23 Section 7.1 Limitation Upon Encumbrance of Property....................................... 23 Section 7.2 Approval of Mortgage..................................................... . ................23 Section 7.3 Notice of Default; Copy to Mortgagee..............................................23 Section 7.4 Mortgagee's Option to Cure Defaults ................................................24 Section 7.5 Authority's and City"s Option to Cure Default on Mortgage.............24 Section 7.6 Subordination and Modification for the Benefit of Mortgagees........24 ARTICLE VIII PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION....................................................................................26 Section 8.1 Transfer of Substantially All Assets..................................................26 i 6327790v3 Table ufContents Page Section 8.2 Prohibition AgainstTransfer nfProperty and Assignment of Agreement............ ............................................................................. 26 Section8.3 Approvals...........................................................................................27 ARTICLE IX EVENTS <]FDEFAULT.......................... ....................................................28 Section 9.1 Events ofDefault Defined.................................................................28 Section 9.2 Remedies on Default....................................... ..................................20 Section 9.3 No Remedy Exclusive........................................................................Z9 Section9A No Waiver............................................................................29 Section 9.5 Agreement to Pay Fees and Expenses....---....----.29 Section 9.6 Ind einnification nfthe Authority and the City.--..--^--.--...29 Section 9.7 Phase 2Minimum Improvements--.~^..-~----....----.- 3O ARTICLE X ADDITIONAL PROVISIONS.....................................................................3l Section l(ll Restrictions ouUse............................................................................3l Section 10.2 Conflicts ofInterest.............................................. .............................3l Section 10.3 Titles ufArticles and Sections...........................................................3I Section 10.4 Notices and Demands .......................................... .............................3l Section 10.5 Counterparts....................... ....................... .......................................32 Section 10.6 Lun/ Governing......................................................... .......................22 Section 10.7 Expiration...........................................................................................32 Section 10.8 Provisions Surviving Rescission or ..................................32 Section 10.9 Axyz8zon:oz --_----.—.._-----.^`~.._.---.---...--..32 EXHIBIT A,IDESCRIPTION {)F PHAJ9Bl DEVELOPMENT PROPERTY ({]f\BELIA P .............................................. .........................A,l-I EXHIBIT A-2 DESCRIPTION OF PHASE 3DEVELOPMENT PROPERTY (GAJ.ANTE PROP -----.—.—.~.—.-_..^.~.^-_.^...--.--.A'2-1 EXHIBIT B-1FORM OF PHASE lTIF NOTE....................................................................B-l-1 EXHIBIT B-2FORM OF PHASE 2TIF NOTE....................................................................B-2-1 EXHIBIT CSITE IMPROVEMENTS AND MINIMUM IMB,pL ~-------...-.C-1 EXHIBIT I}-1COMPLIANCE CERTIFICATE FOR PHASE lMINIMUM I&IPROnPE\8BNT8................................. Z)-l-I EXHIBIT D-2 COMPLIANCE CERTIFICATE FOR PHASE 3MINlMUM IMPROVEMENTS...................................................................................IJ-2-1 EXHIBIT E-1 FORM OF PHASE ASSESSMENT AGREEMENT..................................B-l-1 EXHIBIT E-2 FORM {}9PHASE 2ASSESSMENT AGREEMENT............................]B-2'l f]{11lBIT F-1 FORM OFMORTGAGE .—.---------.—.—.------..--_..F-l-1 EXHIBIT F-2 FORM OF MORTGAGE........ ....................................... ........................F-2'1 AMENDED AND RESTATED DEVELOPMENT ASSISTANCE AGREEMENT THIS AMENDED AND RESTATED AGREEMENT, made as of the day of , 2014, by and among the Apple Valley Economic Development Authority, Minnesota (the "Authority"), a political subdivision organized under the laws of the State of Minnesota, the City of Apple Valley, Minnesota (the "City"), a municipal corporation organized and existing under the laws of the State of Mim-icsota, and IMH Special Asset NT 175- AVN, LLC, an Arizona limited liability company(the "Developer"), WITNESSETH: SETH: WHEREAS, the City, the Authority and the Developer have entered into a Development Assistance Agreement, dated as of February 1, 2013 ("Original Agreement"), in connection with the construction of an approximately 322 unit multifamily rental housing facility consisting of two buildings,by the Developer and each building being located in the City; and WHEREAS, the City, the Authority and the Developer have agreed to amend and restate the Original Agreement in its entirety; and WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.133, as amended, the City has heretofore established the Apple Valley Master Development District(the "Development District") and has adopted a development program therefor (the "Development Program"); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.1794, as amended, (hereinafter the "Tax Increment Act"), the City has heretofore established, within the Development District, Tax Increment Financing District No. 15 (the "Tax Increment District") and has adopted a tax increment financing plan therefor(the "Tax Increment Plan") therefor which provides for the use of tax increment financing in conmection with certain development within the Development District; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private enterprise in conforimance with the Development Program, the City and the Authority have determined to authorize and issue a tax increment financing note as set forth herein to assist the Developer with the )financing of certain costs of a Project (as hereinafter defined) to be constructed within the Tax Increment District as more particularly set forth in this Agreement; and WHEREAS, the City and the Authority believe that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety, morals and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. 63277900 NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 G32779OY3 ARTICLE T DEFT MTIDNS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Affeeinent means this Development Assistance Agreement, as the same may be from time to time modified, amended or supplemented; Assessment Agreements mean the Phase 1 Assessment Agreement and the Phase 2 Assessment Agreement; Assessor's Minimum Market Value means the agreed iminimutn market value of the Phase 1 Development Property and the Phase 2 Development Property, as applicable, and the Phase 1 Minimum Improvements and the Phase 2 Minimum Improvements, as applicable, and for calculation of real property taxes as determined by the Assessor for the County pursuant to each respective Assessment Agreement; Authority means the Apple Valley Economic Development Authority; Business Da means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; City means the City of Apple Valley,Minnesota; Compliance Certificates means the Compliance Certificates in substantially the form attached hereto as Exhibit D-1 for the Phase 1 Development Property and D-2 for the Phase 2 Development Property; Construction Plans means the plans, specifications, drawings and related documents of the construction work to be performed by the Developer on the Project and the Development Property and the plans (a) shall be as detailed as the plans, specifications drawings and related documents which are submitted to the building inspector of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) grading and drainage; and (S)landscape; Cour means Dakota County,Minnesota; Developer means LMH Special Asset NT 175-AVN, LLC, its successors and assigns; Development District means the real property included in the City's Master Development District; Development Program means the Master Development Program, as amended, approved in connection with the Development District; 3 53277900 Development Propcily means the means the Phase 1 Development Property and the Phase 2 Development Property; Event of Default Tneans any of the events described in Section 9.1 hereof; First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage conimitrnent obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate; Legal and Administrative Expenses means the fees and expenses incurred by the City and/or the Authority in connection with the adoption of the Tax Increment Financing Plan, the preparation of this Agreement and the issuance of the TIF Note; Minimum Improvements means the Phase 1 Minimum Improvements and the Phase 2 Minimum Improvements; Mortgage paeans any mortgage or security agreement in which the Developer or a predecessor in interest has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon, and which is a permitted encumbrance pursuant to the provisions of Article VIII; Net Proceeds paeans any proceeds paid by an insurer to the Developer, the City under a policy or policies of insurance required to be provided and maintained by the Developer pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel)incurred in the collection of such proceeds; Note Payment Date means August 1, 2017 and each August 1 and February 1 of each year thereafter to and including February 1, 2042; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; Person means any individual, corporation, partnership, joint venture, association, joint- stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof; Phase 1 Assessment Agreement means the agreement, in the form of the agreement contained in Exhibit E-1 attached hereto and made a part of this Agreement, between the Developer and the City and certified by the City Assessor, entered into pursuant to Article III of this Agreement; Phase 2 Assessment Agreement means the agreement, in the form of the agreement contained in Exhibit E-2 attached hereto and made a part of this Agreement, between the Developer and the City and certified by the City Assessor, entered into pursuant to Article III of this Agreement; Phase 1 Development Property means the real property described in Exhibit A-1 of this Agreement upon which the Phase 1 Minimum Improvements will be constructed; 4 63277900 Phase 2 Development Proper means the real property described in Exhibit A-2 of this Agreement upon which the Phase 2 Minimum Improvements will be constructed; Phase 1 Minimum Improvements means the substantial completion of the Site Improvements and the improvements contemplated by and in accordance with this Agreement and the Construction Plans and as generally described as a 196 unit multifamily rental Housing facility(tabella Building); Phase 2 Minimum Improvements means the substantial completion of the Site Improvements and the improvements contemplated by and in accordance with this Agreement and the Construction Plans and as generally described as a 126 unit multifamily rental housing facility(Galante Building); Phase 1 Site hnprovements means the site improvements undertaken or to be undertaken on the Phase 1 Development Property in connection with the Phase 1 Minimum Improvements, more particularly described iri Exhibit C attached hereto; Phase 2 Site Improvements means the site improvements undertaken or to be undertaken on the Phase 2 Development Property in connection with.the Phase 2 Minimum Improvements, more particularly described in Exhibit C attached hereto; Phase 1 TIF Note means the Tax Increment Revenue Note (Gabella Project) to be executed by the Authority and delivered to the Developer pursuant to Article III hereof, a copy of which is attached hereto as Exhibit B-1; Phase 2 TIF Note means the Tax Increment Revenue Note (Galante Project) to be executed by the Authority and delivered to the Developer pursuant to Article III hereof, a copy of which is attached hereto as Exhibit B-2; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in Minneapolis, Minnesota, as its "reference rate" or any successor rate, which rate shall change as and when that prime rate or successor rate changes; Pr� oiect means the construction of the Phase 1 Minimiam Improvements and the construction of the Phase 2 Minimum Improvements on the Development Property; Site Improvements means the Phase 1 Site hnprovements and the Phase 2 Site Improvements; State means the State of Minnesota; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as amended; Tax Increment District means Tax Increment Financing District No. 15 located within the Development District, a description of which is set forth in the Tax Increment Financing Plan, which was qualified as a housing district under the Tax Increment Act; 5 6327744v3 Tax Increment Financing Plan means the tax increment financing plan approved for the Tax Increment District by the Board of Commissioners of the Authority and the City Council for the City and any future amendments thereto; Tax Increments means 70% of the tax increments derived froiu the Development Property which have been received by the Authority in accordance with the provisions of Minnesota Statutes, Section 469.177; Termination Date means the earlier of(i)February 1, 2042, (ii)the date the TIF Notes are paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated., or (iv) the date this Agreement and the Assessment Agreements are terminated or rescinded in accordance with their respective terms; TIF Notes means the Phase 1 TIF Note and the Phase 2 TIF Note; Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. 6 6327790x3 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its obligations hereunder, and the execution of this Agreement has been duly and properly authorized by the City. (2) The Tax Increment District is a "housing district" within the mewing of Minnesota Statutes, Section 469.174, Subdivision 11, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set for in the Development Program. (4) To finance certain costs within the Tax Increment District, the City proposes, subject to further provisions of this Agreement, to reimburse the Developer for a portion of the costs of the Minimum Improvements as further provided in this Agreement. (5) The City makes no representation or warranty, either expressed or implied, as to the Development Property or its condition or the soil conditions thereon,or that the Development Property shall be suitable for the Developer'purposes or needs. Section 2.2 Representations and Warranties of the Authority. The Authority makes the following representations and warranties: (1) The Authority is a public body, corporate and politic of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Increment District is a "housing district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. (4) To finance certain costs within the Tax Increment District, the Authority proposes, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer a portion of the costs of the Minimum Improvements as further provided in this Agreement. (5) The Authority makes no representation or warranty, either express or implied, as to the Development Property or its condition or the soil conditions thereon, or that the Development Property shall be suitable for the Developer's purposes or needs. 7 63277900 Section 2.3 Representations and Warranties of the Develop. The Developer makes the following representations and warranties: (1) The Developer is a Arizona limited liability company, is authorized to conduct business in the State, has the power and the authority to enter into this Agreement and to perform its obligations hereunder and, by doing so, is not in violation of any provisions of its articles of organization, operating agreement or member control agreement or the laws of the State. (2) The Developer shall cause the Minimum Improvements to be constructed and the Site Improvements installed in accordance with the terms of this Agreement, the Development Program, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) The construction of the Minimum Improvements would not be undertaken by the Developer, and in the opinion of the Developer would not have been or be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required pennits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed. (5) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Developer will cooperate fully with the Authority and the City with respect to any litigation commenced with respect to the Project. (7) The Developer will cooperate fully with the Authority and the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. (S) The financing commitments which the Developer will obtain to finance construction of the Minimum finprovements, together with the equity funds available to the Developer, together with the financing provided by the Authority and the City pursuant to this Agreement, will be sufficient to enable the Developer to successfully complete the construction of the Minimum Improvements. (9) The construction of the Phase 1 Minimum Improvements shall commence no later than October 15, 2014 and barring Unavoidable Delays, the Phase 1 Minimum Improvements will be substantially completed by March 31,2016. S 63277900 (10) The construction of the Phase 2 Minimum Improvements shall commence no later than April 30, 2017 and baring Unavoidable Delays, the Phase 2 Minimum Improvements will be substantially completed by December 31,2018. (11) Upon execution of this Agreement by the parties hereto, the Developer shall record this Agreement with the office of the Dakota County Recorder or Registrar of Titles. 9 63277900 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1 Phase 1 Development Property. (1) It is the intent of the parties that the City reimburse the Developer for$576,000 of the cost of the Phase 1 Minimum hnprovements as provided in (2)below, subject to satisfaction of the following conditions precedent: (A) The Developer shall be in material compliance with all the terms and provisions of this Agreement; (B) The Developer shall have obtained a building permit and commenced construction of the Phase 1 Minimum hnprovements in accordance with the Developer Construction Plans approved by the City pursuant to Section 4.2 of this Agreement; (C) Execution of the Phase 1 Assessment Agreement relating to the Phase 1 Development Property and the Phase 1 Minimum Improvements,by the City, the County and the Developer pursuant to Section 6.1 of this Agreement; (D) If a Mortgage has been recorded against the Phase 1 Development Property, delivery to the City of an agreement by the holder of the First Mortgage agreeing to be bound by the Assessor's Minimum Market Value set forth in the Phase 1 Assessment Agreement relating to the Phase 1 Minimum Improvements; (E) The Developer shall have provided the City with paid invoices of costs of the Phase 1 Minimum Improvements in an amount not less than the sum to be advanced as provided in(2)below; and (F) Execution and recording of a First Mortgage securing the City in the form attached hereto as Exhibit F-1 on the Phase 1 Development Property, which mortgage shall be released upon a certificate of occupancy having been issued for the Phase 1 Minimum Improvements. (2) $488,500 of the $576,000 shall be advanced when the Borrower has satisfied the conditions precedent set forth in (1) above as applicable for the Phase 1 Mininnuin Improvements. $87,500 shall be advanced for the Phase 1 Minimum Improvements when the Borrower has satisfied the conditions precedent set forth in (1) above and a certificate of occupancy for the Phase 1 Minimum Improvements has been issued. (3) In the event that an Event of Default occurs under Article IX and it is not cured by the Developer as provided in Article IX, the Developer agrees that upon the demand of the City it shall, within 30 days of such demand, repay the City the $576,000 for the Phase 1 Minimum Improvements, which amount shall be reduced by the amount that the City has reimbursed itself from tax increments from the Tax Increment District in accordance with the interfund loan resolution adopted by the City. 10 6327790A Section 3.2 Phase 2 Development Property. (1) It is the intent of the parties that the City reunburse the Developer for$574,000 of the cost of the Phase 2 Minimum Improvements as provided in (2) below, subject to satisfaction of the following conditions precedent: (A) The Developer shall be in material compliance with all the terns and provisions of this Agreement, (B) The Developer shall have obtained a building permit and commenced construction of the Phase 2 Minimum Improvements in accordance with the Developer Construction Plans approved by the City pursuant to Section 4.2 of this Agreement; (C) Execution of the Phase 2 Assessment Agreement relating to the Phase 2 Development Property and the Phase 2 Minimum Improvements, by the City, the County and the Developer pursuant to Section 6.1 of this Agreement; (D) If a Mortgage has been recorded against the Phase 2 Development Property, delivery to the City of an agreement by the holder of the First Mortgage agreeing to be bound by the Assessor's Minimum Market Value set forth in the Phase 2 Assessment Agreement relating to the Phase 2 Minimum Improvements; (E) The Developer shall have provided the City with paid invoices of costs of the Phase 2 Minimum Improvements in an amount not less than the sum to be advanced as provided in(2)below; and (F) Execution and recording of a First Mortgage securing the City in the form attached hereto as Exhibit F-2 on the Phase 2 Development Property, which mortgage shall be released upon a certificate of occupancy having been issued for the Phase 2 Minimum Improvements. (2) $486,500 of the $574,000 shall be advanced when the Borrower has satisfied the conditions precedent set forth in (1) above as applicable for the Phase 2 Minimum Improvements. $87,500 shall be advanced for the Phase 2 Minimum Improvements when the Borrower has satisfied the conditions precedent set forth in (1) above and a certificate of occupancy for the Phase 2 Minimum Improvements has been issued. (3) In the event that an Event of Default occurs under Article IX and it is not cured by the Developer as provided in Article IX, the Developer agrees that upon the demand of the City it skull, within 30 days of such demand, repay the City the $574,000 for the Phase 2 Minimum Improvements, as applicable, which amount shall be reduced by the amount that the City has reimbursed itself from tax increments from the Tax Increment District in accordance with the interfund loan resolution adopted by the City. 11 63277900 Section 3.3 Site Imrovements Minimum Im rovements and Legal and Administrative Expenses. (1) The parties agree that the Site Improvements and Minimum Improvements to be constructed by the Developer are essential to the.successful completion of the Project. The cost of the constructing of Site Improvements and the Minimum Improvements shall be paid by the Developer. (2) The Authority shall reimburse the Developer for the lesser of$2,684,000 or the cost of the Phase 1 Site Improvements and the Phase 1 Minimum Improvements actually incurred and paid by the Developer(the "Phase 1 Reimbursement Amount"), as further provided in Section 3.3 hereof. (3) The Authority shall reimburse the Developer for the lesser of$2,666,000 or the cost of the Phase 2 Site Improvements and the Phase 2 Minimum Improvements actually incurred and paid by the Developer (the "Phase 2 Reimbursement Amount"), as further provided in Section 3.4 hereof. (4) The Developer has deposited with the Authority the sum of$50,000 to reimburse the Authority for its actual out of pocket Legal and Administrative Expenses and any excess will be returned to the Developer. The Legal and Administrative Expenses shall by paid by the Authority from said Developer's deposit. If the Authority determines said deposit to be inadequate,the Developer shall provide additional funds to be escrowed or to pay the Legal and Administrative expenses when due. However, prior to incurring as-iy such expenses in excess of the$50,000 deposit, the Authority will provide the Developer with notice of said excess amount, along with details as to what additional out of pocket expenses the Authority expects to incur. Section 3.4 Reimbursement: Phase 1 TIF Note. The Authority shall reimburse the Developer for a portion of the costs of the Phase 1 Site Improvements and Phase 1 Minimum Improvements through the issuance of the Authority's Phase 1 TIF Note in substantially the form attached to this Agreement as Exhibit B-1, subject to the following conditions: (1) The Phase 1 TIF Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the Authority and the City and the City's Building Inspector that the construction of the Phase 1 Minimum Improvements have been substantially completed and that the Developer has incurred and paid all costs of the Phase 1 Minimum Improvements and the Phase 1 Site Improvements, as described in and limited by Section 3.2 and shall have submitted paid invoices for the costs of the Phase 1 Site Improvements and the Phase 1 Minimum Improvements in an aggregate amount of at least $2,684,000. (2) The unpaid principal amount of the Phase 1 TIF Note shall bear simple, non- compounding interest from the date of issuance of the Phase 1 TIF Note, at 5.0% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The principal amount of the Phase 1 TIF Note and the interest thereon shall be payable solely from the Tax Increments. 12 63277900 (3) On each Phase 1 Note Payment Date and subject to the provisions of the Phase 1 TIF Note, the Authority shall pay, against the principal and interest outstanding on the Phase 1 TIF Note, any Tax Increments received by the Authority during the preceding six months, subject to (7) below. All such payments shall be applied first to accrued interest and then to reduce the principal of the Phase 1 TIF Note. (4) The Phase 1 TIF Note shall be a special and limited obligation of the Authority and not a general obligation of the Authority, and only Tax Increments shall be used to pay the principal of and interest on the Phase 1 TIF Note, If, on any Phase 1 Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the Phase 1 TIF Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future Phase 1 Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the Phase 1 TIF Note (5) The Authority's obligation to make payments on the Phase 1 TIF Note on any Phase 1 Note Payment Date or any date thereafter shall be conditioned upon the requirements that: (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement, and (B) this Agreement shall not have been rescinded pursuant to Section 4.2. (6) The Phase 1 TIF Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B-1. In the event of any conflict between the terms of the TIF Note and the terns of this Section 3.3, the terms of the TIF Note shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, and the taking by the Authority of such additional actions as bond counsel for the TIF Note may require in connection therewith, are hereby authorized and approved by the Authority. (7) The Tax Increments shall be applied pro rata to the Phase 1 TIF Note and the Phase 2 TIF Note. Section 3.5 Reimbursement: Phase 2 TIF Note. The Authority shall reimburse the Developer for a portion of the costs of the Phase 2 Site Improvements and Phase 2 Minimum Improvements through the issuance of the Authority's Phase 2 TIF Note in substantially the form attached to this Agreement as Exhibit B-2, subject to the following conditions: (1) The Phase 2 TIF Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the Authority and the City and the City's Building Inspector that the construction of the Phase 2 Minimum Improvements have been substantially completed and that the Developer has incurred and paid all costs of the Phase 2 Minimum Improvements and the Phase 2 Site Improvements, as described in and limited by Section 3.2 and shall have submitted paid invoices for the costs of the Phase 2 Site Improvements and the Phase 2 Minimum hnprovements in an aggregate amount of at least $2,666,000. (2) The unpaid principal amount of the Phase 2 TIF Note shall bear simple, non- compounding interest from the date of issuance of the Phase 2 TIF Note, at 5.0% per annum. 13 632779OY3 Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The principal amount of the Phase 2 TIF Note and the interest thereon shall be payable solely from the Tax Increments. (3) On each Phase 2 Note Payment Date and subject to the provisions of the Phase 2 TIF Note, the Authority shall pay, against the principal and interest outstanding on the Phase 2 TIF Note, any Tax Increments received by the Authority during the preceding six months, subject to (7) below. All such payments shall be applied first to accrued interest and then to reduce the principal of the Phase 2 TIF Note. (4) The Phase 2 TIF Note shall be a special and limited obligation of the Authority and not a general obligation of the Authority, and only Tax Increments shall be used to pay the principal of and interest on the Phase 2 TIF Note. If, on any Phase 2 Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the Phase 2 TIF Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future Phase 2 Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the Phase 2 TIF Note (S) The Authority's obligation to make payments on the Phase 2 TIF Note on any Phase 2 Note Payment Date or any date thereafter shall be conditioned upon the requirements that; (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement, and (B) this Agreement shall not have been rescinded pursuant to Section 9.2. (6) The Phase 2 TIF Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B-2. In the event of any conflict between the tenns of the TIF Note and the terms of this Section 3,4,the terms of the TIF Note shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, and the taking by the Authority of such additional actions as bond counsel for the TIF Note may require in connection therewith, are hereby authorized and approved by the Authority. (7) The Tax Increments shall be applied pro rata to the Phase 1 TIF Note and the Phase 2 TIF Note. Section 3.6 Com liance with Low and Moderate Income Requirements. (1) The Authority, the City and the Developer understand and agree that the Tax Increment District will constitute a "housing district" under Section 469.174, Subd. 1 l of the Tax Increment Act. Accordingly, in compliance with Section 469.1761, SUM. 3 of the Tax Increment Act, the Developer agrees that the Project must satisfy, or be treated as satisfying, the income requirements for a qualified residential rental project as defined in Section 142(d) of the Internal Revenue Code. The parties further agree that no more than 20%of the square footage of the Project (which is the only building receiving assistance from Tax Increments) may consist of commercial, retail, or other nonresidential uses. The Developer must meet the above requirements as follows: 14 63277900 (A) At least 20% of the residential units in the Project must be occupied or held for occupancy by persons whose incomes do not exceed 50% of the County median income; and (B) The limits described in clause (A) must be satisfied through the Termination Date. Income for occupants of units described in clauses (A) shall be adjusted for family size in accordance with Section 142(d) of the Internal Revenue Code and related regulations. (2) On or before each January 1 and July 1, commencing on July 1, 2016 for the Phase 1 Minimum Improvements, the Developer or an agent of the Developer must deliver or cause to be delivered to the Authority, the City and an agent of the Authority and the City, if designated by the Authority and the City, a Compliance Certificate executed by the Developer covering the preceding six (6) months together with written evidence satisfactory to the Authority and the City of compliance with the covenants in this Section. This evidence must include a statement of the household income of each of the qualifying renters, a written determination that each qualifying renter's household 'income falls within the qualifying limits of this Section(and Section 142(d) of the Internal Revenue Code), and certification that the income documentation is correct and accurate (and that the determination of qualification was made in compliance with Section 142(4) of the Internal Revenue Code). The Authority and the City may review, upon request, all documentation supporting the Developer submissions and statements. In determining compliance with this Section, the Developer must use the County median incomes for the year in which the payment is due on the Phase 1 TIF Note, as promulgated by the Minnesota Housing Finance Agency based on the area median incomes established by the United States Department of Housing and Urban Development_ (3) On or before each January I and July 1, commencing on July 1, 2019 for the Phase 2 Minimum Improvements, the Developer or an agent of the Developer must deliver or cause to be delivered to the Authority, the City and an agent of the Authority and the City, if designated by the Authority and the City, a Compliance Certificate executed by the Developer covering the preceding six (6) months together with written evidence satisfactory to the Authority and the City of compliance with the covenants in this Section. This evidence must include a statement of the household income of each of the qualifying renters, a written determination that each qualifying renter's household income falls within the qualifying limits of this Section(and Section 142(d) of the Internal Revenue Code), and certification that the income documentation is correct and accurate (and that the determination of qualification was made in compliance with Section 142(d) of the Internal Revenue Code). The Authority and the City may review, upon request, all documentation supporting the Developer submissions and statements. In determining compliance with this Section., the Developer must use the County median incomes for the year in which the payment is due on the Phase 2 TIF Note, as promulgated by the Minnesota Housing Finance Agency based on the area median incomes established by the United States Department of Housing and Urban Development. 15 63277900 ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 4.1 Construction of Minimum. improvements- The Developer agrees that it will cause the Minimum Improvements on the Development Property to be constructed substantially in conformance with the approved Construction Plans. The Developer agrees that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale of the Minimum Improvements as detailed and outlined in the Construction Plans. Section 4.2 Construction Plans. The Developer shall cause to be provided to the City Construction Plans, which shall be subject to approval by the City as provided in this Section 4.2. The Construction Pians shall provide for the Minimum Improvements to be constructed on the Development Property, and shall be in conformity with this Agreement, and all applicable state and local laws and regulations. The City shall approve the Construction Plans in writing if: (a) the Construction Plans conform to the ten-ns and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Development Program; (c) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (e)no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section 4.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, zoning or other ordinances or regulation of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Construction Plans must be rejected in writing by the City within thirty(30) days of submission or shall be deemed to have been approved by the City. If the City rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after receipt by the Developer of written notification of the rejection, accompanied by a written statement of the City specifying the respects in which the Construction Plans submitted by the Developer fail to conform to the requirements of this Section 4.2. The provisions of this Section 4.2 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City; provided, however, that in any event the Developer shall submit Construction Plans which are approved prior to commencement of construction of the Minimum Improvements. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. If the Developer desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction PIans, as modified by the proposed change, conform to the approval criteria 16 63277900 listed in this Section 4.2 with respect to the original Construction Plans and do not constitute a material modification to the scope, size or use of the Project or to the site plan therefor, the City shall approve the proposed change. Such change in the Construction Plans shall be deemed approved by the City unless rejected in writing within ten (10) days by the City with a statement of the City's reasons for such rejection. Approval of Construction Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose. Section 4.3 Commencement and Completion of Construction of the Phase 1 Minimum Improvements. The Developer shall cause construction of the Phase 1 Minimum Improvements to be commenced on or before October 15, 2014, and, subject to Unavoidable Delays, the Developer shall substantially complete the Phase I Minimum Improvements on or before March 31, 2016. All work with respect to the Phase I Minimum Improvements to be constructed or provided by the Developer on the Phase 1 Development Property shall be in substantial conformity with the Construction Plans for the Phase I Minimurn Improvements as submitted by the Developer and approved by the City. The Developer agrees that it shall cause designated representatives of the City to be allowed to enter upon the Phase 1 Development Property during the construction of the Phase I Minimum Irnprovements to inspect such construction during normal working hours, on reasonable advance written notice of such inspection. Section 4.4 Commencement and Cozy letion of Construction of the Phase 2 Minimum Improvements. The Developer shall cause construction of the Phase 2 Minirnum Improvements to be commenced on or before April 30, 2017, and, subject to Unavoidable Delays, the Developer shall substantially complete the Phase 2. Minirnum Improvements on or before December 31, 2018. All work with respect to the Phase 2 Minimum Improvements to be constructed or provided by the Developer on the Phase 2 Development Property shall be in substantial conformity with the Construction Plans for the Phase 2 Minimum Improvements as submitted by the Developer and approved by the City. The Developer agrees that it shall cause designated representatives of the City to be allowed to enter upon the Phase 2 Development Property during the construction of the Phase 2 Minimum Improvements to inspect such construction during .normal working hours, on reasonable advance written notice of such inspection. 17 63277900 ARTICLE V INSURANCE Section 5.1 Insurance. (1) The Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and, from time to time at the request of the City or the Authority, furnish the requesting party with certificates of insurance on); (A) Builder's risk insurance, written on the so called "Builder's Risk Completed Value Basis" in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available on the so called "all risk" form of policy; the interest of the Authority and the City shall be protected by naming the Authority and the City as an additional named insured; (B) Commercial general liability insurance (including operations, premises, "X.C.U." where applicable, Products/Completed Operations, Contractual Liability, Broad Form Property Damage and Independent Contractors with limits against bodily injury and property damage of not less than$1,000,000, together with excess umbrella limits of not less than $1,000,000; and (C) Worker's compensation insurance, with statutory coverage. (2) Upon completion of construction of the Minimum Improvements and prior to the Tennination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, insurance as follows: (A) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the frill insurable replacement value of the Minimum Improvements. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of coinsurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements shall be carried in the name of the Developer. The City and the holder of the First Mortgage will be represented on such policies, as their respective interests may appear. 18 632779Ov3 (B) Commercial general public liability insurance, including personal injury liability for injuries to persons and/or damages to property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each year of $1,000,000 (together with excess umbrella limits of not less than$1,000,000). (C) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any pad of its liability for worker's compensation. (3) All insurance required in tivs Article V shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. The Developer shall deposit annually with the Authority and the City a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or materially modify it without giving written notice to the Developer and the Authority and the City at least thirty(30) days before the cancellation or modification becomes effective. As soon as reasonably possible, the Developer shall furnish the City evidence satisfactory to the Authority and the City that the policy has been renewed or replaced by another policy conforining to the provisions of this Article V, or that there is no necessity therefor under the terms hereof In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the Authority and the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (4) The Developer agrees to notify the Authority and the City immediately in the ease of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Subject to the provisions of any First Mortgage, Net Proceeds of any insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (5) The Developer shall complete the repair, reconstruction and restoration of the Minimum improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient, provided that this requirement shall not apply if the City has been reimbursed the amounts paid to the Developer pursuant to Section 3.1 from tax increments from the Tax Increment District or the Developer pays the City the unreimbursed portion of the amounts paid to the Developer pursuant to Section 3.1. Section 5.2 Condemnation. In the event that title to and possession of the Minimuno. Improvements or any other material part thereof shall be taken in condemnation or by the 19 63277900 exercise of the power of eminent domain by any governmental body or other person (except the City), so long as the Assessment Agreement shall remain in effect, the Developer shall, with reasonable promptness after such taking, notify the Authority and the City as to the nature and extent of such taking. Section 5.3 Reconstruction or PgMent. Upon receipt of any Condemnation Award or property insurance proceeds, the Developer shall use the entire Condemnation Award to reconstruct the Minimum Improvements (or, in the event only a part of Minimum Improvements have been taken, then to reconstruct such part) upon the Development Property or elsewhere within the Tax Increment District; provided, however, that the Developer may instead elect to pay to the City out of the Condemnation Award or property insurance proceeds, if and to the extent any such Condemnation Award or property insurance proceeds are sufficient to reimburse the City and the Authority for all public redevelopment costs incurred by the Authority and the City in connection with the Project. Section 5.4 Relationship to Mortgagee. The provisions of Section 5.1 shall be subject to the subordination, modification and waiver provisions of Section 7.5 but shall otherwise remain in full force and effect with respect to the Developer's obligations to maintain insurance, notify the Authority and the City of any casualty and reconstruct the Minimum Improvements upon such casualty unless provision is made to the satisfaction of the Authority and the City for the reimbursement of all public redevelopment costs incurred by the Authority and the City in connection with the Project. 20 63277900 ARTICLE VI ASSESSMENT AGREEMENTS .AND OTHER COVENANTS Section 6,1 Execution of Assessment Ageemeits. (1) Simultaneously with the execution of this Agreement, the Developer and the City shall execute the Phase 1 Assessment Agreement, as set forth in Exhibit E-1, pursuant to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the Assessor's Minimum Market Value for the Phase 1 Development Property and the Phase 1 Minimum Improvements for calculation of real property taxes. Specifically, the Developer shall agree to a market value for the Phase 1 Development Property described therein and the Phase 1 Minimum hnprovements which will result in a market value as of January 2, 2017 of not less thFa $21,365,000 (such minimum market value at the time applicable is herein referred to as the "Assessor's Minimum Market Value"). Nothing in the Phase 1 Assessment Agreement shall limit the discretion of the Assessor to assign a market value to the property in excess of such Assessor's Minimum Market Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided however, that the Developer shall not seek a reduction of such inarket value below the Assessor's Minimum Market Value in any year so long as the Phase 1 Assessment Agreement shall remain in effect. The Phase 1 Assessment Agreement shall remain in effect until December 31, 2041. The Phase 1 Assessment Agreement shall be certified by the Assessor for the County as provided in Minnesota Statutes, Section 469.177, Subdivision S, upon a finding by the Assessor that the Assessor's Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Phase 1 Minimum Improvements to be constructed on the Phase 1 Development Property and the market value previously assigned to the Phase 1 Development Property. Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the Phase 1 Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of Dakota County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Phase 1 Development Property (or part thereof), whether voluntary or involuntary, and such Phase 1 Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage recorded against the Phase 1 Development Property. (2) On or before the date the Developer receives the building permit for construction of the Phase 2 Minimum Improvements, the Developer and the City shall execute the Phase 2 Assessment Agreement, as set forth in Exhibit E-2, pursuant to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the Assessor's Minimum Market Value for the Phase 2 Phase 2 Development Property and the Phase 2 Phase 2 Minimum Improvements for calculation of real property taxes. Specifically, the Developer shall agree to a market value for the Phase 2 Development Property described therein and the Phase 2 Minimum Improvements which will result in a market value as of January 2, 2019 of not less than $13,830,000 (such minimum market value at the time applicable is herein referred to as the "Assessor's Minimum Market Value"). Nothing in the Phase 2 Assessment Agreement shall limit the discretion of the Assessor to assign a market value to the property in excess of such Assessor's Minimum Market Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided however, that the 21 632779W Developer shall not seek a reduction of such market value below the Assessor's Minimum Market Value in any year so long as the Phase 2 Assessment Agreement shall remain in effect. The Phase 2 Assessment Agreement shall remain in effect until December 31, 2041. The Phase 2 Assessment Agreement shall be certified by the Assessor for the County as provided in Minnesota Statutes, Section 469,177, Subdivision 8, upon a finding by the Assessor that the Assessor's Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Phase 2 Minimum lrriprovements to be constructed on the Phase 2 Development Property and the market value previously assigned to the Phase 2 Development Property, Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the Phase 2 Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of Dakota County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Phase 2 Development Property (or part thereof), whether voluntary or involuntary, and such Phase 2 Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage recorded against the Phase 2 Development Property. Section 6.2 Real Property Taxes. The Developer acknowledges that it is obligated under law to pay all real property takes payable with respect to the Development Property and pursuant to the provisions of the Agreement until the Developers' obligations have been assumed by any other person with the written consent of the Authority and the City and pursuant to the provisions of this Agreement. The Developer agrees that prior to the Termination Date; (1) It will not seek administrative review or judicial review of the applicability of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax, official to be applicable to the Project or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (2) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Project or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (3) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.1813, or any other State or federal law, of the taxation of real property contained in the Development Property between the date of execution of this Agreement and the Termination Date. 22 63277900 ARTICLE VII MORTGAGE FINANCING Section 7.1 Limitation Upon Encumbrance of Pro ert . Prior to the completion of the Minimum Improvements, as determined by the Authority and the City, neither the Developer nor any successor in interest to the Development Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other enewnbrance or lien upon the Development Property, other than permitted encumbrances, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Development Property, other than permitted encumbrances, except: (A) for the purposes of obtaining funds to complete the Site Improvements and the Miniminn Imxmprovements (including, but not limited to, labor and materials, equipment, professional fees, real estate taxes, construction interest, organization and other indirect costs of development, costs of constructing the Minimum Improvements, an allowance for contingencies, costs of issuance of any bond or note issue to fund construction or acquisition of the Project, amounts required to fund any bond or note reserves relating to construction or acquisition of the Project, and amounts required to fund any required escrow accounts); and (B) only upon the prior written approval of the Authority and the City in accordance with Sections 7.1 and 7.2. Neither the City nor the Authority shall not approve any Mortgage which does not contain terms that conform to the terms of Section 7.5, except as provided in Section 7.6 of this Agreement. Section 7.2 App roval of Mort a e. The City and the Authority shall approve a Mortgage if: (1) the City and.the Authority first receives a copy of all mortgage documents; (2) the mortgage loan, together with other funds available to the Developer, will, in the reasonable judgment of the City and the Authority, be sufficient to construct the Minimum Imxmprovemnents; (3) neither the City nor the Authority are entitled under Section 9.2 to exercise any of the remedies set forth therein as a result of an Event of Default; (4) the City and the Authority determine that the terms of the Mortgage conform to the terms of Section 7.5. If no action is taken by the City or the Authority to reject the mortgage documents within twenty-one(2 1) days,they shall be deemed approved. Section 7.3 Notice of Default; Copy to Mortgagee. Whenever the City and the Authority shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in his obligations or covenants under the Agreement, the City and the 23 63277900 Authority shall at the same time forward a copy of such notice or demand to each holder of any Mortgage authorized by the Agreement at the last address of such holder shown in the records of the City and the Authority. Section 7.4 Mortgagee's Option to Cure Defaults. After any breach or default referred to in Section 7.3, each such holder of a Mortgage shall (insofar as the rights of the City and the Authority are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Development Property covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of its Mortgage; provided, however, that if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement shall be deemed to require such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements, provided that any such holder shall not devote the Development Property to a use inconsistent with the Development Program or this Agreement without the agreement of the City and the Authority. Section 7.5 Authority's and Ci 's Option to Cure Default on Mart a e. Any Mortgage authorized pursuant to this Article VII, and executed by the Developer or any subordination agreement relating to such mortgage entered into by the City and the Authority with respect to the Development Property or any improvements thereon shall provide that, in the event that the Developer is in default under such Mortgage and the holder of the Mortgage notifies the Developer of such default, the holder of the Mortgage shall also notify the City and the Authority in writing of: (1) the fact of the default; (2) the elements of the default; and (3) the actions required to cure the default. If the default is an "Event of Default" under such Mortgage, which shall entitle such holder thereof to foreclose upon the Development Property, the Minimum Improvements or any portion thereof, and any applicable grace periods have expired, the City and the Authority shall have, and each Mortgage executed by the Developer or any subordination agreement relating to such Mortgage entered into by the City and the Authority, with respect to the Development Property or any improvements thereon shall provide that the City and the Authority shall have such an opporhuuty to cure the "Event of Default" within such reasonable time period as the holder shall deem.appropriate. Section 7.6 Subordination and Modification for the Benefit of Mort a ees. (1) In order to facilitate the obtaining of financing for the construction of the Minimum Improvements by the Developer, the City and the Authority agree to subordinate their rights under this Agreement and for the purposes described in Section 7.1(A) of this Agreement, but only provided that the First Mortgage provides that if the holder of the First Mortgage shall foreclose on the Development Property, the improvements thereon, or any portion thereof, or accept a deed to the Development Property in lieu of foreclosure, it shall consent to the 24 63277900 Assessor's Minimurn Market Value set forth in the Assessment Agreement and provided that such subordination shall not relieve the Developer of its obligation hereunder to restore the Development Property in the event of damage, destruction or condemnation of all or any part of the Development Property. (2) In order to facilitate the obtaining of financing for the construction of the Minimum Improvements,the City and the Authority agree that they shall agree to any reasonable modification of this Article VII or Article V, intercreditor agreement or waiver of its rights hereunder to accommodate the interests of the holder of the First Mortgage, provided, however, that the City and the Authority deter-nine, in their reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the City and the Authority with respect to the Project and the Development Program. The City also agrees to consider such modification(s) of this Article VII with respect to other holders, and to agree to such modifications if the City and the Authority deem such modification(s) necessary and reasonably. (3) The City and the Authority agree that if required by the holder of the First Mortgage as a condition to granting the First Mortgage it will not declare an Event of Default pursuant to Sections 9.1(3) and (4) provided that the provisions of Section 7.6(1) are complied with by the Bolder of the First Mortgage. 25 63277900 ARTICLE VIII PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION Section 8.1 Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that prior to the Termination Date, the Developer will not dispose of all or substantially all of its assets comprising the Project to any Person unless the transferee Person assumes in writing all of the obligations of the Developer under this Agreement and the Assessment Agreement. Section 8.2 Prohibition Against Transfer of Property and Assignment of Agreement. The Developer represents and agrees that prior to the Termination Date: (1) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to the construction of Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease (other than in the normal course of business), or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the Authority and the City. (2) The Authority and the City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such transfer or assignment that; (A) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority and the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. (B) Any proposed transferee, by instrument in writing satisfactory to the Authority and the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority and the City, have expressly ass-uned all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject(unless the Developer agrees to continue to fulfill those obligations, in which case the preceding provisions of this Section 8.2(2)(B) shall not apply); provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority and the City) deprive the Authority and the City of any rights or remedies or controls with respect to the Development Property or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent 26 63277900 specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority and the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority and the City would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority and the City to the contrary, no such transfer or approval by the Authority and the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (C) There shall be submitted to the Authority and the City for review and prior written approval all instruments and other legal documents necessary to demonstrate the qualifications of any successor or assigns to fulfill the obligations under this Agreement and acceptance of the terms herein. Section 8.3 Approvals. Notwithstanding Section 8.1 and 8.2, any approval of a transfer of interest in the Developer, this Agreement, or all or a part of the Development Property required to be given by the Authority and the City under this Article VIII may be denied only in the event that the Authority and the City reasonably determines that the ability of the transferee to perform the Developer's obligations under this Agreement and its obligation, to pay ad valorem real property taxes assessed with respect to the Development Property, or the overall financial security provided to the Authority and the City under the terms of this Agreement, or the likelihood of the Minimum Improvements being successfully constructed and operated and maintained pursuant to the terms of this Agreement, will be materially impaired by the action for which approval is sought. If no action is taken by the City or Authority to reject the transfer of interest contemplated by this Article VIII within twenty-one (21) days such transfer shall be deemed approved. 27 6327790v3 ARTICLE IX EVENTS OF DEFAULT Section 9.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Developer to timely pay any aid valorem real property taxes assessed and special assessments or other City charges with respect to the Development Property. (2) Failure of the Developer to observe or perfonn any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (3) The holder of any mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (4) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated as a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer,shall consent to or acquiesce in such appointment. (5) If the Developer shall be in default under the Development Agreement for Parkside Village between the Developer and the City. Section 9.2 Remedies on Default. Whenever any Event of Default referred to in Section 9.1 occurs and is continuing, the Authority or the City, as specified below,may take any one or more of the following actions after the giving of sixty (60) days' written notice to the Developer,but only if the Event of Default has not been cured within said sixty(60) days: 28 63277900 (1) The Authority and the City may suspend their performance under this Agreement and the TIF Note until it receives assurances from the Developer, deemed reasonably adequate by both the Authority and the City, that the Developer will cure its default and continue its performance under this Agreement. (2) The Authority and the City may draw upon any guarantee or security provided to the City and the Authority pursuant to any teens of this Agreement to the extent allowed by such guarantee or security. (3) The Authority and the City may cancel and rescind the Agreement and the TIF Notes. (4) The Authority and the City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce perfonnance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 9.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 9.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent,previous or subsequent breach hereunder. Section 9.5 Agreement to Pay Attompys Fees and Expenses. Whenever any Event of Default occurs, and the Authority or the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the Authority or the City. Section 9.6 Indemnification of the Authority and the Cit . (1) The Developer releases the Authority and the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees (collectively the "Indemnified Parties") from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify and hold harmless the Indemnified Parties against any claim, cause of action, suit or liability for loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project or on the Development Property. (2) Except for any willful misrepresentation or any willful or reckless misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now 29 63277900 and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the Authority or the City in this Agreement or to any actions undertaken by the Authority or the City which are not contemplated by this Agreement but shall, in any event and without regard to any fault on the part of the Authority or the City, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the Authority or the City at a rate equal to the Prime Rate) as a result of the Project causing the Tax Increment District to not qualify or cease to qualify as a "housing district" under Section 469.174, Subdivision 11, of the Act or to violate limitations as to the use of Tax Increments as set forth in Section 469.176, Subdivision 4d. (3) All coveriants, stipulations,promises, agreements and obligations of the Authority and the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and the City and not of any governing body member, officer, agent, servant or employee of the Authority and the City, as the case may be. Section 9.7 Phase 2_ Minimum Imi7roveinents. Notwithstanding anything contained herein to the contrary, it shall not be an Event of Default if the Developer does not construct the Phase 2 Minimum Innprovements. However, if the Developer does not commence and complete construction of the Phase 2 Minimum Improvements as required by Section 2.3(1), the Authority and the City are not obligated to reimburse the Developer for the costs identified in Section 3.2 and 3.3 related to the Phase 2 Minimum Improvements. 30 632779(7x3 ARTICLE X ADDITIONAL PROVISIONS Section 10.1 Restrictions on Use. Until termination of this Agreement, the Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof,that the Developer and such successors and assigns shall operate, or cause the Project to be operated, as a multifamily rental housing facility and shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section. 10.2 Conflicts of Interest. No member of the governing body or other official of the Authority or the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the Authority or the City shall be personally liable to the Authority or the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 10.3 Titles of Articles and Sections. Any titles of the several parks, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of the Developer is addressed to or delivered personally to: IMII Special Asset NT 175-AVN, LLC 7001 N. Scottsdale Road,#2050 Scottsdale, AZ 85253 Attn: John McVey (2) in the case of the City is addressed to or delivered personally to the City at.- City t:City of Apple Valley,Minnesota Apple Valley Municipal Center 7100 147th Street West Apple Valley,Minnesota 55124-7519 Attn: City Finance Director (3) in the case of the Authority is addressed to or delivered personally to the Authority at: 31 632779Ov3 Apple Valley Economic Development Authority, Minnesota Apple Valley Municipal Center 7100 147{h Street West Apple Valley, Minnesota 55124-7519 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 10.5 Counterparts. This Agreement inay be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.6 Law G_oveinin , This Agreement will be governed and construed in accordance with the laws of the State. Section 10.7 Expiration. This Agreement shall expire on the Termination Date. Section 10.8 Provisions Surviving Rescission or Exiration. Sections 9.5 and 9.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 10.9 Ass�i n e`nt. This Agreement may be assigned only with the consent of both the Authority and the City which such consents shall not be unreasonably withheld. The TIF Notes may only be assigned pursuant to the terms of each respective TIF Note. 32 63277900 IN WITNESS WHEREOF, the Authority and the City have caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed on its behalf, on or as of the date first above written. CITY OF APPLE VALLEY,MINNESOTA By Its Ma r By k6f� bK Its City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF D'NV-M t1 ) The foregoing instrument was acknowledged before me this A�►day of U , 24A,by �4cx,~n- Qa he Mayor and the City Clerk,respectively of the City o Apple Valley,l'v it e ota. A"e. 0-J-&"145i-eftV JENAE s PAGEL Notary Public Public $ State of Minnesota u My Commission Expires January 31. 2018 This is a signature page to the Development Assistance Agreement by and among the Apple Valley Economic Development Authority,the City of Apple Valley and IMH Special Asset NT 175-AVN, LLC. S-1 63277900 i APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA BY Its President By �? Its Secretary STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged bef re a this day of�) V!&+, 2014,by�d m C700(jl 1 Y1 ,the President and ��° , the Secretary,respectively of the Apple Valley Economic Development Authority,Minnesota, rk,md�udj No blic JENAE S PAGEL Notary Public " State of Minnesota { = o My Commission Expires ,,,• January 31, 201 8 This is a signature page to the Development Assistance Agreement by and among the Apple fValley Economic Development Authority,the City of Apple Valley and IMH Special Asset NT 175-AVN, LLC. S-2 63277900 W4 SPECIAL ASSET NT 175-AVN, LLC, an Arizona limited liability company By: IMH Financial Corporation, a Delaware corporation Its: Sole Mein Ct- M C STATE OF ARIZONA } ) SS COUNTY OF n► Wu Oe6 ) e foregoing i strument was acknowledged before me this day of •16 u w , 2014,b (Iir0QF- 0,the 'i of IMH Financial Corporation, Sole Member of IM11 Special Asset NT 175-AVN,LLC. k ar Notary Pu ' A MOMET J.CRAFT Nowmewift Mfr Gem folms Jul 19.2016 This is a signature page to the Development Assistance Agreement by and among the Apple Valley Economic Development Authority,the City of Apple Valley and IMH Special Asset NT 175-AVN,LLC. S-3 63277900 EXHIBIT A-1 DESCRIPTION OF PHASE 1 DEVELOPMENT PROPERTY (GABELLA PROPERTY) Lots 1, 2 and 3,Block 2 and Lot 1, Block 3,THE LEGACY OF APPLE VALLEY NORTIi, Dakota County,Minnesota, together with that portion of Fontana Trail vacated by the City on January 25,2013. A-1-1 632779ov3 EXHIBIT A-2 DESCRIPTION OF PHASE 2 DEVELOPMENT PROPERTY (GALANTE PROPERTY} Lot 1, Bloch 7 and Lot 1, Block S, THE LEGACY OF APPLE VALLEY NORTH,Dakota County, Mixwesota, together with that Portion of Fortino Street vacated by the City on January 25, 2013. A-2-1 6327790x3 EXHI IT B-1 FORM OF PHASE I TIF NOTE No. R-1 $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT REVENUE NOTE (GABELLA PROJECT) The Apple Valley Economic Development Authority, Minnesota (the "Authority"), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment Amounts") to IMH Special Asset NT 175-AVN, LLC, or its registered assigns (the "Registered Owner"), but only in the manner, at the tinges, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above, as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the terms hereof, provided that the sum of the principal amount listed above shall in no event exceed $2,684,000 as provided in that certain Amended and Restated Development Assistance Agreement, dated as of July 1, 2014, as the same may be. amended from time to time (the "Development Assistance Agreement"), by and between the Authority, the City of Apple Valley, Minnesota, and IMH Special Asset NT 175-AVN, LLC The unpaid principal amount of the Note shall bear simple, non-compounding interest from the date of issuance of the Note at 5.0%per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve(12) 30-day months. The amounts due under this Note shall be payable on August 1, 2017, and on each August 1 and February 1 thereafter to and including February 1, 2042 (as determined in accordance with the Development Assistance Agreement), or, if the first should not be a Business Day (as defined in the Development Assistance Agreement) the next succeeding Business Day (the "Payment Dates"). On each Payment Date the Authority shall pay by check or draft mailed to the person whom was the Registered Owner of this Note at the close of the last business day preceding such Payment Date an amount equal to the sum of the Tax Increments (hereinafter defined) received by the Authority during the six month period preceding such Payment Bate. All payments made by the Authority under this Note shall first be applied to accrued interest and then to principal. The Payment Amounts due hereon shall be payable solely from 70% of the tax increments (the "Tax Increments") from the Development Property (as defined in the Development Assistance Agreement) within the Authority's Tax Increment Financing District Tax Increment Financing District No. 15 (the "Tax Increment District") within its Master Development District which are paid to the Authority and which the Authority is entitled to B-1-1 63277903 retain pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469,1794, as the same may be amended or supplemented from time to time (the "Tax Increment Act"). Notwithstanding the foregoing, the Tax Increments shall be applied pro rata to this Note and the Tax Increment Note if issued for the Galante Project as set forth in the Development Assistance Agreement. This Note shall terminate and be of no further force and effect following: (i) the last Payment Date defined above, (ii) on any date upon which the Authority shall have terminated the Development Assistance Agreement under Section 9.2(3) thereof; (iii) on the date the Tax Increment District is terminated; or (iv) on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The Authority makes no representation or covenant, expressed or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The Authority's payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Development Assistance Agreement shall have occurred and be continuing at the time payment is due hereunder,but subject to the terms and conditions under the Development Assistance Agreement such unpaid amounts may become payable, without interest accruing thereon in the meantime, if said Event of Default shall thereafter have been timely cured; and, further, if pursuant to the occurrence of an Event of Default under the Development Assistance Agreement the Authority elects to cancel and rescind the Development Assistance Agreement, the Authority shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Assistance Agreement, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special, limited revenue obligation and not a general obligation of the Authority and is payable by the Authority only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the Authority and neither the full faith and credit nor the taxing powers of the Authority are pledged to the payment of the principal of this Note and no property or other asset of the Authority, save and except the above- referenced Tax Increments, is or shall be a source of payment of the Authority's obligations hereunder. This Note is issued by the Authority in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act. This Note may be assigned only with the consent of the Authority which consents shall not be unreasonably withheld. In order to assign the Note, the assignee shall surrender the same to the Authority either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the Authority. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, B-1-2 63277900 and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the Authority outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Authority to exceed any constitutional, statutory or charter limitation thereon, IN WITNESS WHEREOF, Apple Valley Economic Development Authority, Mi uiesota, by its Board of Commissioners, has caused this Note to be executed by the manual signatures of its President and Secretary and has caused this Note to be dated as of ) 20—. President Secretary B-1-3 632779M CERTIF41CATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on , 20_, was on said date registered in the name of IMH Special Asset NT 175-AVN, LLC, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF DATE OF SIGNATURE OF REGISTERED OWNERS REGISTRATION EDA SECRETARY IMH Special Asset NT 175-AVN, LLC 7001 N. Scottsdale Road,#2050 Scottsdale, AZ 58253 120 20 20_ > 20_ B-1-4 63277900 EXHIBIT B-2 FORM OF PRASE 2 TIF NOTE No. R-1 $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT REVENUE NOTE (GALANTE PROJECT) The Apple Valley Economic Development Authority, Mimaesota (the "Authority"), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment Amounts") to IMH Special Asset NT 175-AVN, LLC, or its registered assigns (the "Registered Owner"), but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above, as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the ten-ns hereof; provided that the sum of the principal amount listed above shall in no event exceed $2,666,000 as provided in that certain Amended and Restated Development Assistance Agreement, dated as of July 1, 2014, as the same may be amended from time to time (the 'Development Assistance Agreement"), by and between the Authority, the City of Apple Valley, Minnesota, and IMH Special Asset NT 175-AVN, LLC The unpaid principal amount of the Note shall bear simple,non-compounding interest from the date of issuance of the Note at 5.0%per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve(12) 30-day months. The amounts due under this Note shall be payable on August 1, 2018, and on each August 1 and February 1 thereafter to and including February 1, 2042 (as determined in accordance with the Development Assistance Agreement), or, if the first should not be a Business Day (as defined in the Development Assistance Agreement) the next succeeding Business Day (the "Payment Dates"). On each Payment Date the Authority shall pay by check. or draft mailed to the person whom was the Registered Owner of this Note at the close of the last business day preceding such Payment Date an amount equal to the sum of the Tax Increments (hereinafter defined) received by the Authority during the six month period preceding such Payment Date. All payments made by the Authority under this Note shall first be applied to accrued interest and then to principal. The Payment Amounts due hereon shall be payable solely from 70% of the tax increments (the "Tax Increments") from the Development Property (as defined in the Development Assistance Agreement) within the Authority's Tax Increment Financing District Tax Increment Financing District No. 15 (the "Tax Increment District") within its Master Development District which are paid to the Authority and which the Authority is entitled to B-2-1 6327790v3 retain pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.1794, as the same may be amended or supplemented fiom time to time (the "Tax Increment Act"). Notwithstanding the foregoing, the Tax Increments shall be applied pro rata to this Note and the Tax Increment Note if issued for the Gabella Project as set forth in the Development Assistance Agreement. This Note shall terminate and be of no further force and effect following: (i)the last Payment Date defined above, (ii) on any date upon which the Authority shall have terminated the Development Assistance Agreement under Section 9.2(3) thereof; (iii) on the date the Tax Increment District is terminated; or (iv) on the date that all principal and interest payable hereunder shall have been paid in full,whichever occurs earliest. The Authority makes no representation or covenant, expressed or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The Authority's payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Development Assistance Agreement shall have occurred and be continuing at the time payment is due hereunder,but subject to the terins and conditions under the Development Assistance Agreement such unpaid amounts may become payable, without interest accruing thereon in the meantime, if said Event of Default shall thereafter have been timely cured; and, further, if pursuant to the occurrence of an Event of Default under the Development Assistance Agreement the Authority elects to cancel and rescind the Development Assistance Agreement, the Authority shall have no fiu-ther debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Assistance Agreement, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special, limited revenue obligation and not a general obligation of the Authority and is payable by the Authority only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the Authority and neither the full faith and credit nor the taxing powers of the Authority are pledged to the payment of the principal of this Note and no property or other asset of the Authority, save and except the above- referenced Tax Increments, is or shall be a source of payment of the Authority's obligations hereunder. This Note is issued by the Authority in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act. This Note may be assigned only with the consent of the Authority which consents shall not be unreasonably withheld. In order to assign the Note, the assignee shall surrender the same to the Authority either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the Authority. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, B-2-2 63277900 and to be perfonned precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the Authority outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Authority to exceed any constitutional, statutory or charter limitation thereon, fN WITNESS WHEREOF, Apple Valley Economic Development Authority, Minnesota, by its Board of Commissioners, has caused this Note to be executed by the manual signatures of its President and Secretary and has caused this Note to be dated as of , 20—. President Secretary B-2-3 63277900 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on , 20—, was on said date registered in the name of IMH Special Asset NT 175-AVN, LLC, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the naive of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF DATE OF SIGNATURE OF REGISTERED OWNERS REGISTRATION EDA SECRETARY IMH Special Asset NT 175-AVN, LLC 7001 N, Scottsdale Road, ##2050 Scottsdale,AZ 58253 , 20_ 20 120_ , 20_ B-2-4 632774w3 EXHIBIT C SITE IMPROVEMENTS AND MINIMUM IMPROVEMENTS Landscaping, including irrigation Foundations and Footings Grading/carthwork Engineering Survey Environmental Testing Soil Borings Site Preparation Onsite Utilities Storm water/Ponding Outdoor Lighting Onsite Road, Curb, Gutter,Driveway, Sidewalk and Strectscape Improvements Underground Parking Costs of the Minimum Improvements C-1 63277900 EXHIBIT D-1 COMPLIANCE CERTIFICATE FOR PHASE 1 MINIMUM IMPROVEMENTS The undersigned MI Special Asset NT 175-AVN, LLC, does hereby certify that as of the date of this Certificate not less than 20% of the residential unfits in the Phase I Minimum Improvements located at in Apple Valley, Minnesota are occupied or held for occupancy by persons whose income is 50% or less of the Dakota County median income. units in the Phase 1 Minimum Improvements are occupied by persons whose income is 50% or less of the Dakota County median income. Dated this day of 320 . IM11 SPECIAL ASSET NT 175-AVN,LLC By Its [Attach household income verification as required by Section 3.6 of the Development Assistance Agreement by and among the Apple Valley Economic Development Authority, the City of Apple Valley, and.IMH Special Asset NT 175-AVN, LLC.] D-1-1 632779Ov3 EXHIBIT D-2 COMPLIANCE CERTIFICATE FOR PHASE 2 MINIMUM IMPROVEMENTS The undersigned IMH Special Asset NT 175-AVN, LLC, does hereby certify that as of the date of this Certificate not less than 20% of the residential units in the Phase 2 Minimum Improvements located at in Apple Valley, Minnesota are occupied or Feld for occupancy by persons whose income is 50% or less of the Dakota County median income. units in the Phase 2 Minimum Improvements are occupied by persons whose income is 50% or less of the Dakota County median income. Dated this day of , 20 IMH SPECIAL ASSET NT 175-AVN, LLC By Its [Attach household income verification as required by Section 3.6 of the Development Assistance Agreement by and among the Apple Valley Economic Development Authority, the City of Apple Valley, and IMH Special Asset NT 175-AVN, LLC.1 D-2-1 G32779Ov3 EXHIBIT E-1 FORM OF PRASE 1 ASSESSMENT AGREEMENT THIS AGREEMENT, dated as of this day of , 20_, is by and among the City of Apple Valley, Minnesota(the "City") and 1MH Special Asset NT 175-AVN, LLC, an Arizona limited liability company(the "Developer"). W 1TNES SETH WHEREAS, on or before the date hereof the City and Developer have entered into an Amended and Restated Development Assistance Agreement dated as of 7uly 1, 2014 (the "Agreement") regarding certain real property located in the City (the "Development Property") which property is legally described on Exhibit A attached hereto and made a part hereof WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will construct a 196 unit apartment multifamily rental housing facility (the "Project") on the Development Property in accordance with plans and specifications approved by the City. WHEREAS, the City and Developer desire to establish a minimum market value for the Development Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8. WHEREAS, the Developer has acquired the Development Property. WHEREAS, the City and the Assessor for Dakota County, Minnesota (the "Assessor") have reviewed construction plans for the Project. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2017 and until the termination of this Agreement the minimum market value which shall be assessed for the Project shall be not less than$21,365,000. 2. The minimum market value heroin established shall be of no further force and effect and this Agreement shall terminate on (i)the earlier of December 31, 2041 or(ii) the date on which the Tax Increment District expires or is otherwise terminated. 3. This Agreement shall be promptly recorded by the Developer and hereby made a part hereof with the County Recorder of Dakota County, Minnesota. 4. The Assessor has reviewed the plans and specifications for the improvements and the market value previously assigned to the land upon which the improvements are to be constructed, and that the "minimum market value" as set forth above is reasonable. 5. Neither the preamble nor provisions of this Agreement are intended to, or shall they be construed as, modifying the teens of the Agreement between the City and the Developer. E-1-1 63277900 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their names and on their behalf all as of the date set forth above. CITY OF APPLE VALLEY, MINNESOTA (SEAL) By Its Mayor By Its City Clerk STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 20, by , the Mayor and the City Clerk, of the City of Apple Valley on behalf of said City. Notary Public Signature page for Assessment Agreement by and between the City of Apple Valley,Minnesota and IMH Special Asset NT 175-AVN, LLC, E-1-2 6327790x3 IMH SPECIAL ASSET NT 175-AVN, LLC an Arizona limited liability company By: IMH Financial Corporation, a Delaware corporation Its: Sole Member By Its STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of , 20—, by , the of IMH Financial Corporation, Sole Member of IME by Asset NT 175-AVN, LLC. Notary Public This Instrument Drafted By: Briggs and Morgan,P.A. 2200 First National Bank Building St.Paul, MN 55101 Signature page for Assessment Agreement by and between the City of Apple Valley, Minnesota and EVM Special Asset NT 175-AVN,LLC. E-1-3 63277900 EXHIBIT A TO PHASE 1 ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF PHASE l DEVELOPMENT PROPERTY Project Name: Gabella Building Lots 1, 2 and 3,Bloch 2 and Lot 1, Block 3, THE LEGACY OF APPLE VALLEY NORTH, Dakota County, Minnesota, together with that portion of Fontana Trail vacated by the City on January 25,2013. A-1 63777900 CERTIFICATION BY COUNTY ASSESSOR The -undersigned, having reviewed the Phase I Assessment Agreement dated as of 2014 between the City of Apple Valley and IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company (the "Assessment Agreement"); the plans and specifications for the Project, as defined in the Assessment Agreement; and the market value currently assigned to land upon which the improvements are to be constructed and being of the opinion that the minimum market value contained in the Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described as: Commonly known name of property: Legal Description of property: hereby certifies that the market value of assigned to such land and improvements is reasonable. Nothing herein shall limit the discretion of the County Assessor or any other public official or body having the duty to determine the market value of the Development Property for ad valorem tax purposes, to assign to the Development Property a market value in excess of the minimum market value specified above and in this Agreement. County Assessor for Dakota County STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me on 20_, by the County Assessor of Dakota County. Notary Public E-1-4 632779av3 CONSENT TO ASSESSMENT AGREEMENT The ' of (the "Bank"), does hereby consent to all terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the Development Property at a foreclosure sale or acquires the Development Property through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Developer, it and its respective successors and assigns, shall be bound by all terms and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the Development Property shall be not less than $21,365,000 as of January 2, 2018 and subsequent assessments through the January 2, 2041 assessment. IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf as of this day of ,20_. By Its STATE OF MINNESOTA ) ss. COUNTY OF ) This instrument was aclmowledged before me this _ day of , 20_, by , the of a on behalf of the Notary Public E-1-5 63277900 EXHIBff E-2 FORM OF PHASE 2 ASSESSMENT AGREEMENT THIS AGREEMENT, dated as of this day of , 20___, is by and among the City of Apple Valley, Minnesota(the "City") and BVFH Special Asset NT 175-AVN, LLC, an Arizona limited liability company(the "Developer"). WITNESSETH WHEREAS, on or before the date hereof the City and Developer have entered into an Amended and Restated Development Assistance Agreement dated as of July 1, 2014 (the "Agreement") regarding certain real property located in the City (the "Development Property") which property is legally described on Exhibit A attached hereto and made a part hereof. WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will construct a 126 unit multifamily rental housing facility (the "Project") on the Development Property in accordance with plans and specifications approved by the City. WHEREAS, the City and Developer desire to establish a minimum market value for the Development Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8. WHEREAS, the Developer has acquired the Development Property. WHEREAS, the City and the Assessor for Dakota County, Minnesota (the "Assessor") have reviewed construction plans for the Project. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2018 and until the termination of this Agreement the minimum market value which shall be assessed for the Project shall be not less than $13,830,000. 2. The minunum market value herein established shall be of no further force and effect and this Agreement shall terminate on (i) the earlier of December 31, 2041 or (ii) the date on which the Tax Increment District expires or is otherwise terminated. 3. This Agreement shall be promptly recorded by the Developer and hereby made a part hereof with the County Recorder of Dakota County, Minnesota. 4. The Assessor has reviewed the plans and specifications for the improvements and the market value previously assigned to the land upon which the improvements are to be constructed, and that the "minim-um market value" as set forth above is reasonable. S. Neither the preamble nor provisions of this Agreement are intended to, or shall they be construed as,modifying the terms of the Agreement between the City and the Developer. E-2-1 63277900 b. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their narnes and on their behalf all as of the date set forth above. CITY OF APPLE VALLEY,MINNESOTA (SEAL) By Its Mayor By Its City Cleric STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before nae this day of 20 , by , the Mayor and , the City Clerk, of the City of Apple Valley on behalf of said City. Notary Public Signature page for Assessment Agreement by and between the City of Apple Valley,Minnesota and h\4H Special Asset NT 175-AVN, LLC. E-2-2 632779©v3 IMH SPECIAL ASSET NT 175-AVN, LLC an Arizona limited liability company By: IMH Financial Corporation, a Delaware corporation Its: Sole Member By Its STATE OF ARIZONA ) } ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of , 20_, by , the of IMH Financial Corporation, Sole Member of IM11 Special Asset NT 175-AVN, LLC. Notary Public This Instrument Drafted By: Briggs and Morgan, P.A. 2204 First National Bank Building St.Paul, MN 55101 Signature page for Assessment Agreement by and between the City of Apple Valley, Minnesota and IMH Special Asset NT 175-AVN, LLC. E-2-3 6327794x3 EXHIBIT A TO PHASE 2 ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF PHASE 2 DEVELOPMENT PROPERTY Project Name: Galante Building Lot 1, Block 7 and Lot 1, Block. 8, THE LEGACY OF APPLE VALLEY NORTH, Dakota County, Minnesota, together with that Portion of Fortino Street vacated by the City on January 25, 2013. A-1 6327790x3 CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the Phase 2 Assessment Agreement dated as of , 2014 between the City of Apple Valley and IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company (the "Assessment Agreement"); the plans and specifications for the Project, as defined in the Assessment Agreement; and the market value currently assigned to land upon which the improvements are to be constructed and being of the opinion that the minimum market value contained in the Assessment Agreement appears reasonable,hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described as: Commonly known name of property: Legal Description of property: hereby certifies that the market value of assigned to such land and improvements is reasonable. Nothing herein shall limit the discretion of the County Assessor or any other public official or body having the duty to determine the market value of the Development Property for ad valorem tax purposes, to assign to the Development Property a market value in excess of the minimum market value specified above and in this Agreement. County Assessor for Dakota County STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me on 20 , by the County Assessor of Dakota County. Notary Public E-2-4 63277900 CONSENT TO ASSESSMENT AGREEMENT The , of (the "Bank"), does hereby consent to ail terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the Development Property at a foreclosure sale or acquires the Development Properly through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Developer, it and its respective successors and assigns, shall be bound by all terms and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the Development Property shall be $13,830,000 as of January 2, 2019 and subsequent assessments through the January 2,2041 assessment. INT WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf as of this day of ,20—. By Its STATE OF MINNESOTA ) ss. COUNTY OF } This instrument was acknowledged before me this _ day of , 20�, by the of a on behalf of the Notary Public E-2-5 63277900 EXHIBIT F-1- FORM OF MORTGAGE (Top 3 inches reserved for recording data) MORTGAGE by Business Entity MORTGAGE REGISTRY TAX DATE: , 201_ DUE: $1,123.55 THIS MORTGAGE ("Mortgage") is given by IMH Special Asset NT 175-AVN, LLC, a limited liability company under the laws of Arizona, as mortgagor ("Borrower"), to the City of Apple Valley, a Minnesota municipal corporation, as mortgagee ("Lender'). In consideration of the receipt of Four Hundred Eighty-Eight Thousand Five Hundred and No/100 Dollars ($48$,500,00) (the "Indebtedness") from Lender, Borrower hereby mortgages, with power of sale, the real property in Dakota County,Minnesota, legally described as follows: Lot 1, Block 1, Lot 1, Block 9, and Lots 1 and 2, Block 10, All in THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof Check here if all or part of the described real property is Registered(Torrens) ❑ together with all hereditaments and appurtenances belonging thereto (the "Property"), subject to the following exceptions: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota,if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; and (e) The lien of real estate taxes and installments of special assessments not yet due and payable. Borrower covenants with Lender as follows: F-1-1 63277900 1. Repayment of Indebtedness. If Borrower (a) either (i) substantially completes the Miniinuin Improvements to the Development Property, as defined in and in accordance with the terms of the Amended and Restated Development Assistance Agreement dated July 1, 2014, by and among Apple Valley Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota(the"Authority"), Lender and Borrower and all amendments thereto (the "Development Assistance Agreement") as evidenced by the issuance of certificates of occupancy for the Minimum Improvements, or (ii) pays the Indebtedness to Lender ; (b) pays all interest on the Indebtedness that may come due as provided in the Development Assistance Agreement; (c)repays to Lender, at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage; and (d) keeps and performs all the covenants and agreements contained herein, then Borrower's obligations under this Mortgage will be satisfied, and Lender will deliver an executed satisfaction of this Mortgage to Borrower. It is Borrower's responsibility to record any satisfaction of this Mortgage at Borrower's expense. 2. Statutory Covenants. Borrower makes and includes in this Mortgage the following covenants and provisions set forth in Minn. Stat, 507.15, and the relevant statutory covenant equivalents contained therein are hereby incorporated by reference: (a) To warrant the title to the Property; (b) To pay the Indebtedness as herein provided; (c) To pay all taxes; (d) That the Property shall be kept in repair and no waste shall be committed; and (e) To pay principal and interest on prior mortgages (if any). 3, Additional Representations, Covenants and Agreements of Borrower. Borrower makes the following additional representations, covenants and agreements with Lender: (a) Borrower hereby restates and re-affirrm all representations, warranties and covenants of Borrower contained in the Development Assistance Agreement. (b) Borrower acknowledges and agrees that neither Lender nor the Authority is in default under the Development Assistance Agreement. (c) If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts due by Borrower to Lender under the Development Assistance Agreement, even if such amounts are not then due to be paid. Such amounts first will be applied to unpaid accrued interest, if any, and next to the principal to be paid as provided in the Development Assistance Agreement in the inverse order of their maturity. Such payment(s) will not postpone the due date of the installments to be paid pursuant to the Development Assistance Agreement or change the amount of such installments.. The balance of the money paid pursuant to such condemnation or conveyance in lieu thereof, if any, will be the property of Borrower. (d) Borrower will pay any other expenses and attorneys' fees incurred by Lender pursuant to the Development Assistance Agreement or as reasonably required for the protection of the lien of this Mortgage. F-1-2 63277900 4. Payment by Lender, If Borrower fails to pay any amounts to be paid hereunder to Lender or any third parties, Lender may make such payments. The sums so paid shall be additional Indebtedness, bear interest from the date of such payment at the rate of eight percent (8%) per annum, be. an additional lien upon the Property, and be immediately due and payable upon written deFnand. This Mortgage secures the repayment of such advances. . 5. Default. In case of default (i) in the payment of sums to be paid under the Development Assistance Agreement or this Mortgage,when the same becomes due, (ii)in any of the covenants set forth in this Mortgage, (iii) under the terms of the Development Assistance Agreement, or (iv) under any addendum attached to this Mortgage, Lender may declare the unpaid balance of the Indebtedness and the interest accrued thereon, together with all sums advanced hereunder, inunediately due and payable without notice, and Borrower hereby authorizes and empowers Lender to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same in fee simple in accordance with Minn. Stat. Ch. 584, and out of the monies arising from such sale, to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorneys' fees permitted by law,which costs, charges, and fees Borrower agrees to pay. 6. Transfer Restrictions. Borrower may not sell, assign, or otherwise transfer all or any part of Borrower's interest in the Property, and a controlling interest in Borrower may not be transferred without the written consent of Lender, which consent may be granted or withheld in the sole discretion of Lender. 7. Hazardous Substances. Borrower shall not bring, store, generate, or treat hazardous substances, toxic wastes, or petroleum products on the Property. Borrower hereby indemnifies, defends, and holds Lender harmless from any and all claims, demands, actions, causes of action, liabilities or rights which may be asserted against Lender with respect to such substances, wastes, or products. This obligation shall survive the satisfaction or foreclosure of this Mortgage. 8. Governing Law; Severability. This Mortgage shall be governed by the laws of Minnesota. In the event that any provision or clause of this Mortgage or the Development Assistance Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Development Assistance Agreement which can be given effect without the conflicting provision. 9. Binding Effect. Terms of this Mortgage will run with the Property and bind the parties hereto and their successors in interest. [Signature page follows] F-1-3 63277900 Borrower IMH Special Asset NT 175-AVN,LLC By: Its: STATE OF ) ss. COUNTY OF ) On this day of , 20_, before me, a Notary Public within and for said County,personally appeared to me personally known, who being by me duly sworn, did say that he/she is the of 11\411 Special Asset NT 175-AVN, LLC, an Arizona limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. (stamp) (signature of Awarial ager) Title(and flank): My commission expires: (arorrtltlday/year) TMS INSTRUMENT WAS DRAFTED BY: DOUGHERTY,MOLENDA,SOLFEST HILLS&BAUER P.A, 7300 West 147th Street, Suite 600 Apple Valley,Minnesota 55124 (452)432-3136 (MDK: 66-32849) F-1-4 63277900 EXHIBIT F-2 FORM OF MORTGAGE (Top 3 inches reserved for recording data) MORTGAGE by Business Entity MORTGAGE REGISTRY TAX DATE: , 201_ DUE: $1,118.95 THIS MORTGAGE ("Mortgage") is given by IMH Special Asset NT 175-AVN, LLC, a limited liability company under the laws of Arizona, as mortgagor ("Borrower"), to the City of Apple Valley, a Minnesota municipal corporation, as mortgagee ("Lender'). In consideration of the receipt of Four Hundred Eighty-Six Thousand Five Hundred and No/100 Dollars ($486,500.00) (the "Indebtedness") from Lender, Borrower hereby mortgages, with power of sale, the real property in Dakota County, Minnesota, legally described as follows: Lot 1, Block 1, Lot 1, Block 9, and Lots 1 and 2, Block 10, All in THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof. Cheek here if all or part of the described real property is Registered(Torrens) together with all hereditaments and appurtenances belonging thereto (the "Property"), subject to the following exceptions: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; and (e) The lien of real estate taxes and installments of special assessments not yet due and payable. Borrower covenants with Lender as follows: F-2-1 6327790A 1. Repayment of Indebtedness. If Borrower (a) either (i) substantially completes the Minimum Irnprovements to the Development Property, as defined in and in accordance with the terms of the Amended and Restated Development Assistance Agreement dated July 1, 2014, by and among Apple Valley Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota(the "Authority"),Lender and Borrower and all amendments thereto (the "Development Assistance Agreement") as evidenced by the issuance of certificates of occupancy for the Minimum Improvements, or (ii) pays the Indebtedness to Lender ; (b)pays all interest on the Indebtedness that may come due as provided in the Development Assistance Agreement; (c) repays to Lender, at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage; and (d) keeps and perforins all the covenants and agreements contained herein, then Borrower's obligations under this Mortgage will be satisfied, and Lender will deliver an executed satisfaction of this Mortgage to Borrower. It is Borrower's responsibility to record any satisfaction of this Mortgage at Borrower's expense. 2. Statutory Covenants. Borrower makes and includes in this Mortgage the following covenants and provisions set forth in Minn.. Stat. 507.15, and the relevant statutory covenant equivalents contained therein are hereby incorporated by reference: (a) To warrant the title to the Property; (b) To pay the Indebtedness as herein provided; (c) To pay all taxes; (d) That the Property shall be kept in repair and no waste shall be committed; and (e) To pay principal and interest on prior mortgages (if any). 3. Additional Representations, Covenants and Agreements of Borrower. Borrower makes the following additional representations, covenants and agreements with Lender: (a) Borrower hereby restates and re-affirms all representations, warranties and covenants of Borrower contained in the Development Assistance Agreement. (b) Borrower acknowledges and agrees that neither Leander nor the Authority is in default under the Development Assistance Agreement. (c) If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts due by Borrower to Lender under the Development Assistance Agreement, even if such amounts are not then due to be paid. Such amounts first will be applied to unpaid accrued interest, if any, and next to the principal to be paid as provided in the Development Assistance Agreement in the inverse order of their maturity. Such payment(s) will not postpone the due date of the installments to be paid pursuant to the Development Assistance Agreement or change the amount of such installments. The balance of the money paid pursuant to such condemnation or conveyance in lieu thereof,if any, will be the property of Borrower. (d) Borrower will pay any other expenses and attorneys' fees incurred by Lender pursuant to the Development Assistance Agreement or as reasonably required for the protection of the lien of this Mortgage. F-2-2 63277900 4. Payment by Lender. If Borrower fails to pay any amounts to be paid hereunder to Lender or any third parties, Lender may make such payments. The sums so paid shall be additional Indebtedness, bear interest from the date of such payment at the rate of eight percent (8%) per annum., be an additional lien upon the Property, and be immediately due and payable upon written demand. This Mortgage secures the repayment of such advances. 5. Default. In case of default (i) in the payment of sums to be paid under the Development Assistance Agreement or this Mortgage, when the salve becomes due, (ii) in any of the covenants set forth in this Mortgage, (iii) under the terms of the Development Assistance Agreement, or (iv) under any addendum attached to this Mortgage, Lender may declare the unpaid balance of the Indebtedness and the interest accrued thereon, together with all sums advanced hereunder, immediately due and payable without notice, and Borrower hereby authorizes and empowers Lender to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same in fee simple in accordance with Minn. Stat. Ch. 584, and out of the monies arising from such sale, to retain all sums secured hereby,with interest and all legal costs and charges of such foreclosure and the maximum attorneys' fees pennitted by law, which costs, charges, and fees Borrower agrees to pay. 6. Transfer Restrictions. Borrower may not sell, assign, or otherwise transfer all or any part of Borrower's interest in the Property, and a controlling interest in Borrower may not be transferred without the written consent of Lender, which consent may be granted or withheld in the sole discretion of Lender. 7. Hazardous Substances. Borrower shall not bring, store, generate, or treat hazardous substances, toxic wastes, or petroleum products on the Property. Borrower hereby indemnifies, defends, and holds Lender harmless from any and all claims, demands, actions, causes of action, liabilities or rights which may be asserted against Lender with respect to such substances, wastes, or products. This obligation shall survive the satisfaction or foreclosure of this Mortgage. 8. Governing Law; Severability. This Mortgage shall be governed by the laws of Minnesota. In the event that any provision or clause of this Mortgage or the Development Assistance Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Development Assistance Agreement which can be given effect without the conflicting provision. 9. Binding Effect. Terms of this Mortgage will run with the Property and bind the parties hereto and their successors in interest. [Signature page follows] F-2-3 63277900 Borrower IMF Special Asset NT 1.75-AVN,LLC By: Its: STATE OF ss, COUNTY OF ) On this day of , 20_, before me, a Notary Public within and for said County,personally appeared to me personally known, who being by me duly sworn, did say that he/she is the of IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company, named in the instrument, and that said instrument was signed on behalf of said limited liability company by authority of the limited liability company and acknowledged said instrument to be the free act and deed of the limited liability company. (Stamp) (sigrra3are of aolarial oriccr) Title(and Rank). My commission expires: (u:aatlr/day/year) THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY,MOLENDA,SOLFEST HELLS&BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley,Minnesota 55124 (952)432-3136 (MM 66-32849) F-2-4 6327790x3 *00 *000 *000 09000 ITEM: 4.H. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Waive Second Reading and Pass Ordinance Amending Chapter 91 of the City Code, Regulating Catteries Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Waive the second reading and pass the ordinance amending Chapter 91 of the City Code, regulating catteries. SUMMARY: Chapter 91 of the City Code, regulates animals, including the permitting of hobby kennels (dogs) and catteries. In fact, the requirements for hobby kennels and catteries listed in Section 91.05 are identical. Although the hobby kennel portion of the ordinance clearly specifies the maximum number of dogs, the cattery portion of the ordinance is vague. The attached ordinance amendment helps clarify the maximum number of cats permitted with a Cattery Permit, similar to hobby kennels. The amendment also eliminates one sentence because it is repetitive. This is considered a housekeeping item that cleans up the ordinance and clarifies its meaning. BACKGROUND: The ordinance amendment was reviewed by the City Attorney's office. BUDGET IMPACT: N/A ATTACHMENTS: Ordinance CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 91 OF THE CITY CODE REGULATING CATTERIES The City Council of Apple Valley ordains: Section 1. Section 91.01 of the Apple Valley City Code is hereby amended by revising the following definition: CATTERY. Any premises used for the purpose of keeping, maintaining, breeding, training or raising more than three and not more than six cats over four months of age. Section 2. Section 91.05(G) of the Apple Valley City Code is hereby amended to read as follows: § 91.05 KENNELS AND CATTERIES. (G) Cattery requirements. No permit shall be granted to any owner for the operation of a cattery unless the primary enclosure within which the cats are to sleep, eat and exercise is contained entirely within the principal structure on the premises. M addition, a eatter-y to keep more than six ea4s ever-four-months of age shall be subjeet to the ke its eontained in division (E) above. Section 3. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this 22nd day of September, 2016. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 0000: ITEM: 4.1. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Non-Exclusive License for Shared Retaining Walls on Lot 3, Block 1, Hunter Forrest (12841 Frost Point Court) and Lot 4, Block 1, Hunter Forrest (12842 Frost Point Court) Staff Contact: Department/ Division: Kathy Bodmer,AICP, Planner Community Development Department Applicant: Project Number: Chad and Candice Stepan and Matthew and Jennifer Cords PC16-32-Misc. Applicant Date: 8/30/2016 60 Days: 11120 Days: ACTION REQUESTED: Approve the Non-Exclusive License for shared retaining walls in drainage and utility easement, Lot 3, Block 1, Hunter Forrest (12841 Frost Point Court) and Lot 4, Block 1, Hunter Forrest (12842 Frost Point Court) SUMMARY: Chad and Candice Stepan, 12841 Frost Point Ct, and Matthew and Jennifer Cords, 12842 Frost Point Ct, wish to construct two three foot (3') tall retaining walls that would cross their common property line. Constructing a shared retaining wall system will help to minimize site disruption and provide better site drainage. The two lots each have a five foot (5') drainage and utility easement along the shared property line that runs in favor of the City. A license agreement is needed in order to construct a structure within the easement. The requested encroachment into the easement was reviewed by the City Engineer and he has no outstanding concerns with this request. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Map Agreement Agreement •N � s�� 1 SITE t 128TH ST W _ � ®w Q � w w c� TRANS. RNV PLAT NO. 19-19 130TH ST W ® t ' 129TH ST V1/ LOTS 3 AND 4, BLOCK 1 Valley HUNTER FORREST W c1� E � Ti e LOCATION MAP a NON-EXCLUSIVE, LICENSE This Non-Exclusive License ("License") is made this 30 day of Ate, 2016 ("License Date"), by and between the City of Apple Valley, a Minnesota municipal corporation, ("City") and Chad and Candice Stepan, husband and wife, and their successors and assigns (collectively "Licensee"). The City and Licensee are jointly hereinafter referred to as `Parties", and individually as"Party". WHEREAS. Licensee iL, the owner of real property located in Apple Valley, County of ua c a, State of Minnesota and legally described as Lot 3, Block 1, Hunter Forrest, according to the recorded plat thereof, Dakota County, Minnesota ("Lot Y); and WHEREAS, Youngfield Homes, Inc. dedicated drainage and utility easements to the public pursuant to the Plat of HUNTER FORREST, recorded in the Office of the County Recorder, Dakota County, Minnesota on June 2, 2014 as Document No. 3013491 ("Easements"); and WHEREAS, Licensee proposes to build retaining walls upon Lot 3 as depicted as "proposed retaining wall" on the certificate of survey attached hereto as Exhibit "A" and incorporated herein (collectively "Encroachments"), which encroach upon portions of Easements; and WHEREAS, Licensee seeks permission to construct and maintain the Encroachments within the Easements at the locations depicted in Exhibit A; and WHEREAS, the City is willing to grant a non-exclusive license to the Licensee, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Licensee agree as follows: I. Definitions. Unless the language or context clearly indicates that a different meaning is intended, the following terms shall have the meaning ascribed to them. 1 a. "Drainage Service Facilities" are defined to include, but are not limited to, any equipment, pipe, drain tile, catch basin, holding pond, culvert, grate, ditch, grading, aeration equipment, infiltration beds, retaining walls, chemical treatment, vegetative materials, and other devices used to regulate and control the volume, rate, and quality of storm water runoff and carry rain, melting snow, and other clear water (not wastewater) to streams, ponds, or other water bodies as contemplated by the City storm water sewer system (See Section 51.06(A)-(B) and Chapter 52 of the Apple Valley Code of Ordinances). b. "Improvements" is defined as construction, modification, repair or maintenance of a building, deck, patio, fence, electrical (including low voltage), plumbing, retaining wall, landscaping, ditch, drain, clearing, and all other necessary or useful labor of permanent value to the Property. c. "Utility Service Facilities" are defined to include, but are not limited to, any lines, pipes, mains, cables, couplings, stop boxes, clean outs, stop and waste valves, curb stop valves and other related valves, meters, fire hydrants, placed within a drainage and utility easement for purposes of operating the water and sanitary sewer systems contemplated by Chapter 51 of the Apple Valley Code of Ordinances, and all facilities necessary for services provided by: (1) A public utility as defined in Minnesota Statutes; (2) A telecommunications,pipeline, community antenna television, fire and alarm communications, electricity, light, heat, cooling energy, or power services; (3) A district heating or cooling system; or (4) A cable communication system as defined in Minnesota Statutes. 2. License for Encroachment Purposes. The City hereby grants to the Licensee a non-exclusive license to encroach on and over that portion of the Easements located on Lot 3 for the construction, use and enjoyment, maintenance, modification and replacement of the Encroachments. 'Phis License is subordinate to the rights of those authorized by Apple Valley Code of Ordinances and federal and state law to use the drainage and utility easements identified as Easements. Licensee is strictly prohibited from interfering with the construction, reconstruction, modification, operation or maintenance of current or future Utility Service Facilities or Drainage Service Facilities located within the Easements, including those located on or to be located on Lot 3. 3. Consideration. In consideration for the terms and conditions of this License, the City granted this License to the Licensee. 4. Term. The term of this License shall begin on the License Date and continue until terminated as provided herein. 5. Condition of Property. The City makes no representation or warranty as to the suitability of the Encroachments or Lot 3's ability to support the same. Licensee shall be 2 responsible for maintaining the proposed retaining wall and Lot 3 in a manner that is in compliance with Apple Valley Code of Ordinances and state and federal law. 6. Improvements. Licensee shall not make Improvements within Easements, other than the Encroachments, without obtaining a written amendment to this License, except for the type of Improvement that is allowed by a property owner within a drainage and utility easement pursuant to Apple Valley Code of Ordinances, Dakota County Code of Ordinances, and state and federal law. Licensee, their successors and assigns, shall provide at least 30 calendar days' written notice to the City of its intent to replace the Encroachments once they are initially constructed. This License shall in no way limit Licensee's ability to make Improvements to those portions of Lot 3 that are not within the Easements. The City reserves, on behalf of it and those entities authorized pursuant to Apple Valley Code of Ordinances, Dakota County Code of Ordinances, and state and federal law, the right and privilege, but not the obligation, to construct, reconstruct, modify, operate and/or maintain Drainage Service Facilities and Utility Service Facilities within the Easements, now and in the future. 7. Damage to the Utility Service Facilities and Drainage Service Facilities within the Easements. Licensee shall be liable to the City, and hold the City harmless, for any costs, damages and reasonable attorneys' fees incurred by the City as a result of damage to the Utility Service Facilities and Drainage Service Facilities within the Easements— caused ° intentionally or negligently by the Licensee or any of Licensee's agents employees, tenants, " invitees and/or guests. 8. Indemnification. Licensee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, which are caused in whole or in part by any act or omission of Licensee and any of Licensee's agents, employees, tenants, invitees and/or guests while encroaching upon the Easements. 9. Construction of Utilitv Service Facilities and Drainage Service Facilities. The City shall provide Licensee with written notice of any construction, reconstruction, modification, replacement, repair or maintenance of Utility Service Facilities and Drainage Service Facilities (collectively "Utility & Drainage Construction") within the Easements located on Lot J. If the City requests in the written notice that the Encroachments or other Improvements located within the Easements on Lot 3, Licensee shall remove them from that portion of the Easements identified in the written notice by the date identified in the written notice of Utility & Drainage Construction. The City may, but is not obligated to, remove the retaining walls and Licensee's Improvements from the Easements subsequent to the date identified in the written notice and collect the cost and expense of doing so from Licensee, or otherwise assess Lot 3 as allowed by law. The City shall provide further written notice to Licensee once the City determines that the Utility & Drainage Construction has been completed. Licensee may reinstall at Licensee's expense the retaining walls and/or Licensee's Improvements that Licensee removed at the same location once Licensee receives written notice that the Utility & Drainage Construction has been completed. 3 10. Termination. Either the City or Licensee may terminate this License upon providing written notice of termination to the other party at least ninety (90) calendar days before the termination date identified in the written notice. Termination of the License by either Party shall have no effect on either the rights and/or obligations established by the Easements. 11. Default. Licensee shall be deemed in default if it fails to perform or comply with any of its obligations under this License. In the event of default by Licensee, the City may provide written notice to Licensee of default, which Licensee must cure within 14 calendar days from the date of the written notice ("Cure Period"). If Licensee fails to address the default to the City's satisfaction within the Cure Period, the City may terminate this License and remove the Encroachments and Licensee's Improvements from the Easements, except those that are allowed by a property owner within a drainage and utility easement pursuant to Apple Valley Code of Ordinances, Dakota County Code of Ordinances, and state and federal law. In the event of a default by Licensee, the Licensee shall reimburse the City for all costs and expenses incurred by the City in connection with enforcing this License, including, but not limited to, the City's attorneys' fees and cost of removal of the Encroachments and Licensee's Improvements. 16. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or by overnight carrier to the following addresses: If to City, to: City of Apple Valley 7100 147` Street West Apple Valley, MN 55124 Attn: City Administrator With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 Attn: Michael G. Dougherty, City Attorney If to Licensee, to: Chad and Candice Stepan 12841 Frost Point Court Apple Valley, MN 55124 17. Successors and Assigns. This License and conditions imposed herein shall be binding upon and inure to the benefit of Licensee, its successors and assigns. 18. Miscellaneous. a. Authority. City and Licensee represent that each, respectively, has full right, power, and authority to execute this License. b. Governing Law. This License shall be construed in accordance with the laws of the State of Minnesota. 4 c. Force Majeure. Notwithstanding any other provisions in this License, no default, delay or failure to perform on the part of either party shall be considered a breach of this License if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the defaulting Party, including but not limited to, causes such as riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, or nuclear disasters (a"Force Majeure Event"). d. Third Party Beneficiaries. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person other than the Parties hereto, and their permitted successors and assigns, any rights or remedies under or by reason of this License. e. No Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by either Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. f. Survival of Obligations. The Licensee's obligations under this License shall survive the termination of this License. IN WITNESS WHEREOF,the undersigned have executed this License. 1) Dated: . l y: Chad Sse an Dated: dh an icerv' tepan City of Apple Valley Dated: By: Mary Hamann-Roland Its: Mayor ATTEST Dated: By: Pam Gackstetter Its: City Clerk 5 STATE OF MINNESOTA ) ) ss. COUNTY OF4 ,_p;.n_ ) The foregoing instrument was acknowledged before me this M day of , 2016, by Chad and Candice Stepan, husband and wife. Notary Public KIMBERLYA. ZUNKER ' NOTARY PUBIJC-MINNESOTA STATE OF MINNESOTA ) My Commission Expires ss. January 31,2020 r ■ COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2016, by Mary Hamann-Roland and Pam Gackstetter, respectively the mayor and city clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the City of Apple Valley. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 6 a y uo aimso�o C��11 �munwy $Nmm1ww� oa �mm@@m�mg @m�mma mmmo mml.�'ro' o Will° Thu my 1� S 'i IINN �®9" S n 312 T "n LN to �6 � ��Vm 1NOW;m,N000WOMb ANN-•b� J/ y ro ,- � ❑ Cs • O � I y t, � -I I v 3/ f', ITI Cg �l ICV,l) It p 42 gz J Q , yr roxow.c`ki�elua - � C N r . 30,3 H � \\. \ I1 1 p g n A O VSi � v 4_V S£ys nkllo P pT s m os g opo ca eo EXHIBIT 8 NON-EXCLUSIVE LICENSE This Non-Exclusive License ("License") is made this �PO day o4M01 , 2016 ("License Date'), by and between the City of Apple Valley, a Minnesota municipal d6rporation, ("City") and Matthew and Jennifer Cords, husband and wife, and their successors and assigns (collectively "Licensee"). The City and Licensee are jointly hereinafter referred to as "Parties", and individually as "Party". WHEREAS, Licensee is the owner of real property located in Apple Valley, County of Dakota, State of Minnesota and legally described as Lot 4, Block 1, Hunter Forrest, according to the recorded plat thereof, Dakota County, Minnesota("Lot 4"); and WHEREAS, Youngfield Homes, Inc. dedicated drainage and utility easements to the public pursuant to the Plat of HUNTER FORREST, recorded in the Office of the County Recorder, Dakota County, Minnesota on June 2, 2014 as Document No. 3013491 ("Easements"); and WHEREAS, Licensee proposes to build retaining walls upon Lot 4 as depicted as "proposed retaining wall" on the certificate of survey attached hereto as Exhibit "A" and incorporated herein (collectively "Encroachments"), which encroach upon portions of Easements; and WHEREAS, Licensee seeks permission to construct and maintain the Encroachments within the Easements at the locations depicted in Exhibit A; and WHEREAS,the City is willing to grant a non-exclusive license to the Licensee, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Licensee agree as follows: 1. Definitions. Unless the language or context clearly indicates that a different meaning is intended, the following terms shall have the meaning ascribed to them. 1 a. "Drainage Service Facilities" are defined to include, but are not limited to, any equipment, pipe, drain tile, catch basin, holding pond, culvert, grate, ditch, grading, aeration equipment, infiltration beds, retaining walls, chemical treatment, vegetative materials, and other devices used to regulate and control the volume, rate, and quality of storm water runoff and cavy rain, melting snow, and other clear water(not wastewater) to streams, ponds, or other water bodies as contemplated by the City storm water sewer system (See Section 51.06(A)-(B) and Chapter 52 of the Apple Valley Code of Ordinances). b. "Improvements" is defined as construction, modification, repair or maintenance of a building, deck, patio, fence, electrical (including low voltage), plumbing, retaining wall, landscaping, ditch, drain, clearing, and all other necessary or useful labor of permanent value to the Property. c. "Utility Service Facilities" are defined to include, but are not limited to, any lines, pipes, mains, cables, couplings, stop boxes, clean outs, stop and waste valves, curb stop valves and other related valves, meters, fire hydrants, placed within a drainage and utility easement for purposes of operating the water and sanitary sewer systems contemplated by Chapter 51 of the Apple Valley Code of Ordinances, and all facilities necessary for services provided by: (1) A public utility as defined in Minnesota Statutes; (2) A telecommunications, pipeline, community antenna television, fire and alarm communications, electricity, light,heat, cooling energy, or power services; (3) A district heating or cooling system; or (4) A cable communication system as defined in Minnesota Statutes. 2. License for Encroachment Purposes. The City hereby grants to the Licensee a non-exclusive license to encroach on and over that portion of the Easements located on Lot 4 for the construction, use and enjoyment, maintenance, modification and replacement of the Encroachments. This License is subordinate to the rights of those authorized by Apple Valley Code of Ordinances and federal and state law to use the drainage and utility easements identified as Easements. Licensee is strictly prohibited from interfering with the construction, reconstruction, modification,operation or maintenance of current or future Utility Service Facilities or Drainage Service Facilities located within the Easements, including those located on or to be located on Lot 4. 3. Consideration. In consideration for the terms and conditions of this License, the City granted this License to the Licensee. 4. Term. The term of this License shall begin on the License Date and continue until terminated as provided herein. 5. Condition of Property. The City makes no representation or warranty as to the suitability of the Encroachments or Lot 4's ability to support the same. Licensee shall be 2 responsible for maintaining the proposed retaining wall and Lot 4 in a manner that is in compliance with Apple Valley Code of Ordinances and state and federal law. 6. Improvements. Licensee shall not make Improvements within Easements, other than the Encroachments, without obtaining a written amendment to this License, except for the type of Improvement that is allowed by a property owner within a drainage and utility easement pursuant to Apple Valley Code of Ordinances, Dakota County Code of Ordinances, and state and federal law. Licensee, their successors and assigns, shall provide at least 30 calendar days' written notice to the City of its intent to replace the Encroachments once they are initially constructed. This License shall in no way limit Licensee's ability to make Improvements to those portions of Lot 4 that are not within the Easements. The City reserves, on behalf of it and those entities authorized pursuant to Apple Valley Code of Ordinances, Dakota County Code of Ordinances, and state and federal law, the right and privilege, but not the obligation, to construct, reconstruct, modify, operate and/or maintain Drainage Service Facilities and Utility Service Facilities within the Easements, now and in the future. 7. Damaee to the Utility Service Facilities and Draina¢e Service Facilities within the Easements. Licensee shall be liable to the City, and hold the City harmless, for any costs, damages and reasonable attorneys' fees incurred by the City as a result of damage to the Utility Service Facilities and Drainage Service Facilities within the Easements caused intentionally or negligently by the Licensee or any of Licensee's agents, employees, tenants, invitees and/or guests. 8. Indemnification. Licensee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, which are caused in whole or in part by any act or omission of Licensee and any of Licensee's agents, employees, tenants, invitees and/or guests while encroaching upon the Easements. 9. Construction of Utility Service Facilities and Drainaee Service Facilities. The City shall provide Licensee with written notice of any construction, reconstruction, modification, replacement, repair or maintenance of Utility Service Facilities and Drainage Service Facilities (collectively "Utility & Drainage Construction") within the Easements located on Lot 4. If the City requests in the written notice that the Encroachments or other Improvements located within the Easements on Lot 4, Licensee shall remove them from that portion of the Easements identified in the written notice by the date identified in the written notice of Utility & Drainage Construction. The City may, but is not obligated to, remove the retaining walls and Licensee's Improvements from the Easements subsequent to the date identified in the written notice and collect the cost and expense of doing so from Licensee, or otherwise assess Lot 4 as allowed by law. The City shall provide further written notice to Licensee once the City determines that the Utility & Drainage Construction has been completed. Licensee may reinstall at Licensee's expense the retaining walls and/or Licensee's Improvements that Licensee removed at the same location once Licensee receives written notice that the Utility & Drainage Construction has been completed. 3 I 10. Termination. Either the City or Licensee may terminate this License upon providing written notice of termination to the other party at least ninety (90) calendar days before the termination date identified in the written notice. Termination of the License by either Party shall have no effect on either the rights and/or obligations established by the Easements. 11. Default. Licensee shall be deemed in default if it fails to perform or comply with any of its obligations under this License. In the event of default by Licensee, the City may provide written notice to Licensee of default, which Licensee must cure within 14 calendar days from the date of the written notice ("Cure Period"). If Licensee fails to address the default to the City's satisfaction within the Cure Period, the City may terminate this License and remove the Encroachments and Licensee's Improvements from the Easements, except those that are allowed by a property owner within a drainage and utility easement pursuant to Apple Valley Code of Ordinances, Dakota County Code of Ordinances, and state and federal law. In the event of a default by Licensee, the Licensee shall reimburse the City for all costs and expenses incurred by the City in connection with enforcing this License, including, but not limited to, the City's attorneys' fees and cost of removal of the Encroachments and Licensee's Improvements. 16. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or by overnight carrier to the following addresses: If to City, to: City of Avle Valley 7100 147` Street West Apple Valley, MN 55124 Attn: City Administrator With a copy to: Dougherty, Molenda, Solfest, Hills &Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 Attn: Michael G. Dougherty, City Attorney If to Licensee,to: Matthew and Jennifer Cords 12842 Frost Point Court Apple Valley, MN 55124 17. Successors and Assigns. This License and conditions imposed herein shall be binding upon and inure to the benefit of Licensee, its successors and assigns. 18. Miscellaneous. a. Authority. City and Licensee represent that each, respectively, has full right, power, and authority to execute this License. b. Governing Law. This License shall be construed in accordance with the laws of the State of Minnesota. 4 c. Force Majeure. Notwithstanding any other provisions in this License, no default, delay or failure to perform on the part of either party shall be considered a breach of this License if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the defaulting Party, including but not limited to, causes such as riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, or nuclear disasters (a"Force Majeure Event"). d. Third Party Beneficiaries. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person other than the Parties hereto, and their permitted successors and assigns, any rights or remedies under or by reason of this License. e. No Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by either Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. f. Survival of Obligations. The Licensee's obligations under this License shall survive the termination of this License. IN WITNESS WHEREOF,the unders�iggnee�dhave executed/th/iiss License. Dated: 7jt Zt�(� /"/,l�di//' 11 i�0 By: Matthew Cords Dated: `Z3�30201 (o B Jennifer Cords City of Apple Valley Dated: By: Mary Hamann-Roland Its: Mayor ATTEST Dated: By: Pam Gackstetter Its: City Clerk 5 STATE OF MINNESOTA ) ) ss. COUNTY OF k";,% ) The foregoing instrument was acknowledged before me this 3b day of , 2016, by Matthew and Jennifer Cords, husband and wife. Notary Public ■ KIMBERLY A. ZLINKER -. NOTARYpUBUC-MNt�90TA My Commission Expires STATE OF MINNESOTA ) r January 37,2020 ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2016, by Mary Hamann-Roland and Pam Gackstetter, respectively the mayor and city clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the City of Apple Valley. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)432-3136 6 m ADDRESS: 12841 FROST POINT COURT CERTIFICATE OF SURVEY FOR COUNTRY JOE HOMES x w S89'30'04"E 28526 Im4Y—' TRWOL ID.`+ W s r %ImBE {ABW'1Oa{y W]5 'pf/ IMAs 1�✓ t \ .1 Is1A® own,ra<uwrc. _ - ],crcie % i7xcer - °-0rr rwr lans� rwrnr s` rA -- 000warr r @ 13V7h - ./ f az _ro+ss mns w-iw�-0p xo f / ma o f ff as -_„uaw --- -- COT AREA= 28.623 SFHOUSE ARE�2M? FORCH AREA® 104 SFF L SIDEWALK AREA= 144 Sr WA .- r yl _ i, m xlm® t DRNEY AREA = 1.011 SF I / w / Pmaasm PAum PA7p j / 1 WINDOW WD1 AREA - 48 SF - -.- ... PAVER PAW - 648 SF � a =�, % rw LOT 3 ,, \ - //, x,®,. / MW - BLOCK I q a ' TOTAL / $F' 1 SURFACE AREA BAx !)V', 4 2�" �' mf /i � % / h = 4,184 5F= 16.38 ///// '- x, �gwm / Co TREE TABLE // � 40 TAGI SPECIES a PIER 1620 Ammkaa Elm 9' 4 \ \ Imu' eo II : IaoRl Jags RPOM) / / �� 1621 Stier Mople 71' a� — \ rJ _ r 1622 Bur Oak 22' a -'.� ewaf / GARAGE PLAT ORY 1623 Bur Oak 15' /y 1'=20' 1625 Bo%e70er 16' j _ s \ `� / 6/ /S / of 1626 8Po Cherry 9' 7 ` \ Imw '- 7~® //i/g //.�/i/ r i/YY \ / / 2N 7627 Bur Oak TS' "' '` - z 1628 SM Oak p1e o' (7� \� �]lAiv4 a� 1 ims.] GARAGE / sY SE184CK INFORM477011 1630 Bock Cherry 10 ' / 8 � rau] yti MDE) R 30• Sy ____ �' raw / SDE YARD = f0'NOOSE 1631 Bur Oak 18' C _ ._\ q - —_® f®yam ® / / SIDE YARD = 5'G R4GE 1632 bnetl Dm 10' _ _t:\,-..:� {{{L � _____ _ irmi. ___ 131 % SME)ARD YARD CORNER)20' 7634 Bosekler 16' \ rm ro - _���J__ 1635 Block Cherry B' _ Y 1 IPa169 / 1642 Block Cherry ]1' V. \ V /� rr�AY z1m99 1644 Bkrek Cherry 9' O DENOT umttP7YEMONIIAffi Tf \ // ]°$ "] rh NOT£ALL BUILDING 1671 Sugar Maple 20' DSNOTEfi FOUNDIRONPWE MON�N'f \ \ // + M / ImAs OUTSIDE OF FOUND4710N DIMMSIONS ARE S�0*7/ 70 1672 Blue Spurn 16' 1673 Blue Space 11' D@i01FS PROYOS®DRAlNAG6DIftFL�30N 'a+a] laial �- -� WALL 1674 Blue Spero 10' \ / O p 1675 Blue Sb 7- DENOCFS SGRVfQ LOCATION / - /r an.�}' PROPOSED TOP OF WALL 000.0 D12iOTFSr \/ .".'. .;,•C�;:.gdaOL,+`.: ® £ = 104321676 Bur Oo ❑ DWODDBUPROPOSED GARGFLOOR DE = 10 1677 Sur Maple PROPOSED BASEMENT FLOOR ELEV. = 103 4.5 SLSINGEBA@ ••: .: -• .r•. -\ PROPOSED LOWEST OPENING = 1037.7 ® Dl?NO]FSFRorosmkT.avwnoN ( BENCH-MARK---� a A.:j,'' DENOIFS FOR5S'TEOBOFFFRAAPA 41.2 DINOTBSDBC(DIIODSIItky TNH ELEY. = 1041.33�' 0 Ift, , PROPERTY DEfiaUMON DBNO'1'YSEI'BEL9LE©i TREE WLIBTAGNDIdBf4t ,P> •�bO• sanm°°' LOT3,BLOi7C1,B0NTAPAORRIDT,C?POP Ma00a �. A TZE VALLEY,DAB'OTA COIgR], Bohlen ` FROST POINT - sDTA. Imt3 FNrYt6BrcERITFrTBArTHAssuRVEYwA9PREPARmernrEOR Surveying &Associates ^• COURT UATmMrD1RECTSVPDtW6rONANDTH4r7AMAD7/Lr aN32Fa0gnA. DFMOfE41llT1IMQiOO65116FAC6 LANG SURVEYOR UAT6t TNEEiW60FTNE9TATEOF NMM19eW MN5WST o B,ursMa.rtw Ss6r .... , Plms(CO7)eas]!89 B APlm,n:ei5z)eesmtz DPNOTE$CONGQBFPSOBPACE DATE 24MS T6SU1P.ODA. *�r��N••�mgr �t�°�� REwsED:ssm16 TRwaagxoTnFAlu wmsuralE�'oa Z-14V Jc6�lppbVe➢e1hH®trrvP nVlwgU,pI3DCA]LE2i-5-i16.dwg 5/b(tD16 RVY3o AM�v]' MMNESOTAIJCFNSEN0.46141 ADDRESS: 12842 FROST POINT COURT AS-BUILT SURVEY FOR BENCH–dWRK Io51.1✓ S89°30'04"E 95.77 ✓ '-.: E COUNTRY JOE HOMES TNN H THE NORTH END e OF FROST POINT COURT, IML9 Iml1 ° laic w 1 ELEV. = 1091.37 i 0:o O DENOTES IRON PIPEMONIIMENTSET SETa4CK INFORMATION: Iwo —%Iwk2 FRONT = 30' S ,6 � $j''-'u 1a 0 DENOTES FOUND IRON PIPE MONUMENT SIDE YARD = 10'HOUSE SLOE YARD = 5' GARAGE 1551 � DENOTES PROPOSED DRAINAGE DIRECT'ION xlmps 1wx1• 'D _ — M %lpsols a SIDE YARD(CORNER) 10' s •loos 1a5., Q DENOTES SERVICE LOCATION RUR YARD = 30' I tan 3- las ❑ DENOTES WOOD HUB /`.�[_Imo_________ LU�_ - Sw,c � I Wp.O DENOTES EXISTING ELEVATION LOT AREA = 19,694 SF ®Iws' Ido 1I'' nzw9.-+I O ' lyv.1 !O DENOTES PROPOSED ELEVATION HOUSE AREA = 2,4J2 SF 1wsA Iws. 1w A Iws 9vuuna Oz -'i'• _ PORCH AREA - 312 SF IaI. �p a 1 w55p 10'ca ww h °O �sb-' DENOTES E%ISTMG CONTOUR SIDEWALK AREA - IOJ SE /Y z 1w1. 1 Iws1 100.9 �' $ S Iw3 - ORNEWAY AREA - 927 Sr Z 1 '0 DENOTES DECIDUOUS TREE DECK ARU - 144 SF 1wz.1 ei - 1W. '� WINDOW WELL AREA – 64 SF ^ /�/ % z.x iw. S 1w + - DENOTES EVERGREEN TREE FUTURE PATIO AREA – 162 5F Fa 1w1e < .T O x1Y1WL5 x1wx1 11w1„J -R ;; "=20' TOTAL IMPERVIOUS AREA – 4,144 SF – 21.05 `.. ` 1 2� r_ E3 �® � q � (",1 DENOTES flITUMMOU35URFACE NOTE:ALL BUILDING A. l Ilk xwl• IItY 1 +per I 31� .r C'� DIMENSIONS ARE SHOWN R? 5V; sw1 11 � DENOTES CONCReTE 6L'RFACE OUTSIDE OF FOUNI)ABON 1 Q / X LOT 4 "I N Q ' WALL �� 114 BLOCK 1 lali` 81 I � �I PI , "1 A !D 1 TREE TABLE c I O d TAGI24' SPECIES DIAAETER 1651 d` l as0 1ma�t 1wu•Iws 1w50 1 1651 BUR OAK 24' x .5 ry w2V 1w.5 Crh”� u GARAGE �` a ' cs.y____+. lovas EXISTING '?0 ° �' `f s 3EXSRA RA5ER5 34TORY \ss 1d1sx Y! 10�'I I x1 SII EXTRA RISERS WILL 8E NECESSARY IN / IN GARAGE FLATIt 7` "A f 1 fARAGE CD PROPOSED TOP OF WALL ELEV. - 1043.5 PROPOSED GARAGE FLOOR ELEV. - 1041.3 Imo 1 . PROPOSED BASEMENT FLOOR ELEY. – 1034.8 umm® < xlwv / w.• AS–BUILT GARAGE FLOOR ELEV. = 1041.4 %IwOA , PROPERTY DESCRIPTION LOT 4 BLOCK I,HUNTER PDRREST,CRY OF 1w1. / x1w01 \ 1 1 h ' 40 1wv�� xww.o ® xlwu APPLE VALLEY,DAKOTA COUNTY,RRNNE60TA. 1019 1w2/ %Iwf ® %1ma9X1015.1 •Q lora Y mas 1Wo1 �u wl. � `1mv531 4. IW, ;. ms �, OZ �" • m9 THEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BT ME OR xlmu 51pY! \ Im90 /xlwl9 1° +0 �%'� 10M m55 sa r nwM 1 Bohlen UNDER MY DIRECT SUPERVISION AND THAT IPMADULY LICENSED 3 3 e M zlms Smo Surveying &Associates Imv % ` �'"I •Imaslm]" LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ova ® «0 _ •W1roi92 91132 FOBge Ava9n P1� 1652L55P0 E. Ti � %Imo Nx1NWb.Mx55os]1.1 eumpme.nw sslm DATE: &23.2016 91WI'Wn I�ie.0/W WA ' IwU B A vnona:(➢5218&50212 THOMAS J.O'MEARA,LAND SURVEYOR T a? •Ime1 Hasa l50]IMS>]fis w M1�Y.e,+ ,.xm 10515 ' hneregBWenwlvrytrgmn Pee ryst)O0.9259 MINNESOTA LICFNSE NO.4616T Z:1S,Co1 yS6v dV pPPe Appfc Vallry%mw-Fm Wwg�T4BLXICMT3STEP5-RET'APID An *00 *000 *000 09000 ITEM: 4.J. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Agreement with Dick's Sanitation, Inc., for Refuse Collection Services Staff Contact: Department/ Division: Charles Grawe,Assistant City Administrator Administration / Information Technologies ACTION REQUESTED: Approve agreement with Dick's Sanitation Inc., for refuse collection services. SUMMARY: The City conducts an annual Fall Clean-up Day, offering residents to dispose of larger refuse and recyclable items at a centralized location for a reasonable fee. The City contracts for haulers to take the refuse and recyclables. BACKGROUND: The City holds the Clean-up Day to encourage residents to keep their property maintained and orderly, providing a convenient means for residents to properly dispose of larger refuse items and collect recyclable items for recycling. The City contracts for haulers to accept these materials. The Agreement uses the City's standard agreement form with an exhibit of the rates for the refuse containers, disposal, and hauling. This year's Fall Clean-up Day will take place on Saturday, Oct.lst from 8:00 a.m. to 1:00 p.m. in the Apple Valley Family Aquatic Center parking lot. BUDGET IMPACT: The City collects disposal fees from the residents and the City pays the contractor using the collected fees. This is a pass-through cost and does not have a budgetary impact on the City. 0000: ITEM: 4.K. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Adopt a Resolution Setting Public Hearing at 7:00 p.m. on October 27, 2016, to Vacate Drainage and Utility Easements at 14800 Everest Avenue and 14751 Energy Way Staff Contact: Department/ Division: Alex Sharpe, Planning and Economic Development Community Development Department Specialist Applicant: Project Number: Upnor NAAsset Leasing, INC. PC16-34-ZGFB Applicant Date: 8/5/2016 60 Days: 9/26/2016 120 Days: 11/18/2016 ACTION REQUESTED: The City Council is asked to adopt the draft resolution setting a public hearing at 7:00 p.m. on October 27, 2016, to vacate drainage and utility easements at 14800 Everest Avenue and 14751 Energy Way. SUMMARY: Attached for your consideration is information concerning the proposed vacation of drainage and utility easements at 14800 Everest Avenue and 14751 Energy Way for the planned Uponor Annex Addition. The easements were established as part of the original platting of these properties as perimeter easements, which will no longer be required if the property is replatted. Uponor is proposing an expansion of the existing structure at 14800 Everest Avenue to the east and into the business park area, extending this structure onto the 14751 Energy Way parcel. This requires replatting the property, and vacation of existing easements. Any additional easements which are necessary will be obtained by the City at the time of final platting of the property, which is under review. BACKGROUND: Uponor has acquired 14751 Energy Way, east of the recently completed Annex building, to continue to grow manufacturing at their campus. This initial request is part of a complete application to replat, conform the zoning for the adjoining parcels and secure site plan building permit authorization for the expansion. A fall construction start is planned pending review and authorization. Any development that combines the referenced parcels would require the vacation of existing easements. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Exhibit Map Site Plan Site Plan CITY OF APPLE VALLEY RESOLUTION NO. 2016- A RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED VACATION OF PUBLIC GROUNDS BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Clerk be, and hereby is, directed to schedule the public hearing specified in the notice attached hereto as Exhibit A and is further directed to cause said notice to be published for two weeks in the Apple Valley Sun Thisweek. The City Clerk is further directed to post copies of Exhibit A, pursuant to Minnesota Statutes Chapter 412.851, at least two weeks prior to the scheduled date of said hearing. ADOPTED this 22nd day of September,2016. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk NOTICE OF HEARING ON PROCEEDINGS FOR VACATION OF PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Municipal Center of the City of Apple Valley, Dakota County, Minnesota, will meet at the City Hall, 7100 West 147th Street, at 7:00 p.m., or as soon thereafter as possible, on Thursday, October 27, 2016, to consider the matter of vacation of the following described public grounds in the City of Apple Valley, pursuant to Minnesota Statutes 412.851: All drainage and utility easements upon and across Lot 2, Block 1, Wirsbo Third Addition, and Lot 1, Block 1, Knob Ridge 2nd Addition, according to the recorded plat thereof, on file at the Recorder's Office, Dakota County, Minnesota. Such persons as desire to be heard with reference to the proposal will be heard at this meeting. DATED this day of , 20_. Pamela J. Gackstetter, City Clerk EXHIBIT A Millis= 110 fir►►1► , , AAA® ►►IAA1A awl � � a a r ' ♦ F 1 F - f I r s .s• ... 'Fsr ro r - - Uponor Annex Expansion AppValley Q N WE S 0 LOCATION MAP 4 nT A I F–^, � n �I n ��A11V � LiL I �i L.LL/�I 1 11 T 1 1 j)E, EA E1 1 T 1 r\IV I VVI I A �� F] V V ��V L 1 4J V a � N aa. o, o 101 CONCRETE CURB 1 r — — — - -- - - -- - - -- - - -- - - -- - - - - - - - - - - - - - -- - - � AND GUTTER ��� 5 v\ 1 � 1 \ BITUMINOUS I / SCALE IN FEET ` AURFACE P.I.V. I BITUMINOUS _ V \�URFACE / V 0 50 100 150 / 25 75 � EA-EMENT❑ T❑ ❑ 1ACATED AND 1 E DEDICATE N LINAL PLAT DENOTES IRON MONUMENT 11 �' BITUMINOUS I BEARINGS ARE ASSUMED DATUM 1 SURFACE - (NO WEAR COURSE) v l 1 L ❑ T 1 =S s I E❑I❑TIN❑ LE❑END LIGHT P_iLE S o U 1 - ,l l L❑T LINE 'cr HYD_IANT 1LdLj a I l - 1 � �L ❑ C ❑ 1 _S S m l ❑I❑HTEE❑ED AY LINE C ATEA VALVE 1 1 � _ - I 1 � v - EA❑EMENT LINE PmE/❑ PCI_T INDICAT-I❑ VALVE 1 Of EA_iEMENT T❑ ❑E 1 zI El ATE❑ MAIN o ❑ANITA -Y MANH❑LE PE❑MANENTLY VACATED I 1 U I,r'N I I E- F -HATCHED A❑EA❑ 1 - " > ❑ANITA❑Y ❑E❑ E❑ ® A❑EA CATCH ❑A❑IN 1 - I V r} r, Ir� n E,E,I_T_Ir,\ I l \ l >> ❑T❑❑M ❑E❑ E❑ o CATCH ❑A❑IN C r 1 I J -WWWW— ❑ ATE❑ ❑E❑VICE Cilli C❑❑❑ FIT❑P 11 I --i -SSSS— ❑ANITA❑Y ❑E-VICE , . II II II III l 1 O L_ ❑ -- --5 - --� - -�- - -- - -- - - -- 5-- J vJ PROPERTY DESCRIPTION: 1 I WV III 1 =) -,I I I I ITIr,N 1 110 LCA 1, ❑I❑m 1, ❑n❑❑ ❑�d❑e 2nd Add_tl_�, Da nta C❑❑nty, VV III IL11v _ 1 I �ENC MAK T P UT Mnneafa, acrd[n❑t❑t❑e relTrded plat t-ere-F \ 1 I _ 1 lV And, V 1 l - v�j L L_ LEt2, ❑I❑m1, ❑ ©m❑T❑©d AddtL[In, Dada C❑Lhty, 1 I N I A F-'\ N'Al MinneErta, a�dirl❑t❑t❑e re❑L-Tded plat t❑ere❑IT11 � 1 I cl� I 17 e„S 1 N 1 0 $.,S I - 1 � � l GAS METER NOTES z � PED. DOOR 1 Qr Of MIg 1 � ° I 1) UTILITIES SHOWN ARE APPROXIMATE LOCATION. LOCATIONS OF UNDERGROUND N 11 ” o i UTILITIES COMPILED FROM VISUAL EVIDENCE (FLAGGING & PAINT MARKS) AND Z RECORD DRAWINGS (DESIGN & AS-BUILT). CALL GOPHER STATE ONE CALL AT 1 I 811 FOR ALL UTILITY, GAS LINE, AND ELECTRICAL LINE LOCATIONS PRIOR TO 1 U m i EXCAVATION. Iv 1 l 2) LOT 1, BLOCK 1, KNOB RIDGE 2ND ADDITION IS CURRENTLY ZONED B-P. 1 LL l (BUSINESS PARK DISTRICT). LOT 1, BLOCK 2, WIRSBO THIRD ADDITION IS 1 I CURRENTLY ZONED 1-1 (LIMITED INDUSTRIAL DISTRICT). 1 z LL /ls,� 3) BENCHMARK - TOP NUT OF HYDRANT NEAR SOUTHEAST CORNER OF PROPERTY LL</ i v ELEVATION = 981.60 1 BITUMINOUS 110 1 �« SURFACE I 1 I 11 J 1 � - 25 PLATTIN❑ N❑TE❑: 1❑ P❑❑PE❑TYA❑EA❑: 1 r-\L)TI 1 ^T A L) IV�/I \ I �� 1N I F-'\I I�`T[)1 n 1 ,_� A F)Its A❑ L❑T 1, ❑L❑C❑ 1, ❑N❑❑ ❑IDLIE 2ND ADDITI❑N Li q❑❑❑❑❑❑E7T❑E2EID❑AC❑E❑❑ 1 v v \li— �_ u \r\ ❑❑ L❑T 2, ❑L❑C❑ 1, ❑ I❑❑❑❑ THI❑D ADDITI LINE]2❑1,1❑❑❑❑❑❑T❑®®❑AC❑E❑❑ C❑ T❑TAL A❑EA TO ❑E PLATTED ❑117"11111❑❑❑LIT❑EID=❑AC❑E❑❑ D❑ PEI❑P❑DIED Ell DHTF11FIEF]AY ❑❑❑❑❑❑T❑MU❑AC❑E❑❑ E❑ P❑❑P❑LIED L❑T 1, ❑L❑C❑ 1, ❑ I❑❑❑❑ ❑❑❑LITH ADDITI❑N ❑ 13"lLI❑LID❑❑T❑EID=❑AC❑E❑❑ 1 2❑ ALL D❑AINA❑E AND ❑TILITY EALIEMENT❑ 11 LET 1, ❑L❑C❑ 1, ❑N❑❑ ❑ID❑E 2ND ADDITI❑N AND L❑T 2, ❑L❑C❑ 1, ❑ I❑❑❑❑ THI❑D ADDITI❑N A❑E T❑ ❑E VACATED❑NELI E❑TE❑I❑❑ D❑AINA❑E AND ❑TILITY EA❑EMENT❑ ❑ ILL ❑E C❑EATED ❑ ITH THE PLAT 1111 ❑ I❑❑❑❑ ❑❑❑LITH ADDITI❑N❑ REVISIONS PROJ. NO: 216036 I hereby certify that this plan, specification, or report was prepared by me PREPARED FOR: SHEET NO. JACOBSON or under my direct supervision and that I am a duly licensed Professional DRAWN: A Engineer and Land Surveyor under the laws of the State of Minnesota. Uon CHECKED: GDJ ENGINEERS 8c SURVEYORS Aptn aDaInc. Hughes C - 2 License No: ZPRELIMINARY PLAT AND 14751 ENERGY WAY SCALE: AS SHOWN Signature: /t ' Y- � '?j1139 5925 148th Street W. VACATION EXHIBIT APPLE VALLEY, MN FIELD BOOK: A jacobson@engrsurv.com 21029 HERON WAY Apple Valley, MN 55124 6 G�A�r �_ (952) 469-4328 LAKEVILLE, MN 55044 FAX (952) 469-4624 DATE: 06/27/16 Print Name: �iQCa$$o/lJ Date: 9/13/16 Sep. 13, 16 216036—SURV El I El EIE111 11E] ❑❑❑VEY❑❑❑ CE❑TI❑ICATE �TI Grant D. Jacobson do hereby certify that this plat was prepared by me or under my direct supervision; that I V/n\L _L_L_ I/ L�U I C_� �,�h r<� am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the L� 1 I 2 boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments L v L depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, A,1 E7) TI I 1 ,� Fl r IT1 ren 1 as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and 1 � � � I ] L1/ /-\L1v 1 I 1 v labeled on this plat; and all public ways are shown and labeled on this plat. 0 0 101 Dated this day of 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I 1 1 Grant D. Jacobson, Licensed Land Surveyor 1 Minnesota License No. 23189 1 1 I 1 I STATE OF MINNESOTA 1 I I COUNTY OF 1 ❑ 11 30 a This instrument was acknowledged before me on by Grant D. Jacobson. 1 60 12( I I LET 1 1 SCALE IN FEET 11 I � T � I � 1 • DENOTES FOUND MONUMENT AS MARKED 1r� 0 DENOTES 1/2 INCH BY 14 INCH IRON PIPE 3 IL 10/ SET AND MARKED BY LICENSE NO. 23189 1 ❑L ❑ ❑ 1 I —_ Notary Public, 1 THE NORTH LINE OF LOT 1, BLOCK 1, KNOB RIDGE M Commissionexpires > 2ND ADDITION, DAKOTA COUNTY, MINNESOTA, IS My I = > ASSUMED TO HAVE A BEARING OF S 89°53'47" E. 1 ri 1 1 CITY C- -NCIL, CITY [][]APPLE VALLEY, MINNE❑❑TA I i` �v0/D ivvL_ c I ri�i I This plat was approved by the City Council of Apple Valley, Minnesota, this day of 20 , 1 I n I F A f7 f1 1 T l(1I 1 v v -\L/v 1 I 1\J I v and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2. VICINITY MAP �i 11 NO SCALE 2 I —I Mayor — — — — — — — — — — — — - � 1 n City Clerk AT I Ili)r-, e f-v F-'v 1 1 1 110 VV IIA L�V �� 1IVLJ L/L/I IL Iv 1 W a I 0 1 1T L m L_ Uj 1 I w Y Y Q � Ir t L I n [)I f1/ F >- UPPER 147TH ST. A VI z a z I N I f1 A f1 f1 T n L �1 VLJVLJU I VJ1 V n "� 00 M 1 8TH 9T mi 3 v } O 1 g z 1 I 48TH = sr a _ 1 C.S.A.H. N0. 42 (150TH STREET WEST) SITE 1 SEC. 26-T115-R20 G — I DAKOTA COUNTY, MINNESOTA r KNOW ALL PERSONS BY THESE PRESENTS: That Uponor NA Asset Leasing, Inc., a Delaware corporation, owner and � 1 1 proprietor of the following described properties: C- 71NITY ❑❑❑VEY❑❑, DA❑❑TAC❑LINTY, MINNE❑❑TA I Lot 2, Block 1, WIRSBO THIRD ADDITION, Dakota County, Minnesota, according I to the recorded plat thereof. I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been 1 I 1 And, reviewed and approved this day of 20 1 I 1 1 Lot 1, Block 1, KNOB RIDGE 2ND ADDITION, Dakota County, Minnesota, 1 according to the recorded plat thereof. 1 I 1 Has caused the some to be surveyed and platted as WIRSBO FOURTH ADDITION and does hereby dedicate to the public By: for public use the drainage and utility easements as created by this plat. Todd B. Tollefson 1 Dakota County Surveyor I 10 1 In witness whereof said Uponor NA Asset Leasing, Inc., a Delaware Corporation, has caused these 1 1 DEPA❑TMENT ❑❑ P❑❑PE❑TY TA❑ATI❑NAND ❑EC❑❑D❑ 1 presents to be signed by its proper officer this day of 20 JI I — Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 1 — — — 1 — — — William D. Gray transfer entered this day of 20 Director N I �)�' I ���A ' ) STATE OF MINNESOTA I r] Department of Property Taxation and Records 10 COUNTY OF _T 5 I C❑LINTY ❑EC❑FIDE[], C❑LINTY ❑❑ DA❑❑TA, ❑TATE I_:! MINNE-ITA This instrument was acknowledged before me on , by William D. Gray, Secretary & Treasurer, �5 Uponor NA Asset Leasing, Inc., a Delaware corporation, on behalf of the corporation. I hereby certify that this plat of WIRSBO FOURTH ADDITION was filed in the office of the County Recorder for public 10 . I L record on this day of , 20 at o'clock M. and was duly filed in Book of Plats, Page as Document Number BEING 10 FEET IN WIDTH, AND ADJOINING STREET Notary Public, AND REAR LOT LINES, BEING 5 FEET IN WIDTH M Commission expires AND ADJOINING SIDE LOT LINES AS SHOWN ON Y P THE PLAT, UNLESS OTHERWISE INDICATED. County Recorder SHEET 1 OF 1 SHEETS *00 *000 *000 09000 ITEM: 4.L. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Acceptance and Final Payment on Agreement with SwedeBro, Inc., d/b/a SwedeBro Resurfacing, for Project 2015-120,Apple Valley Community Center Aggregate Flooring Staff Contact: Department/ Division: Director Barry Bernstein Parks and Recreation Department ACTION REQUESTED: Motion accepting Project 2015-120, Apple Valley Community Center Aggregate Flooring with SwedeBro, Inc., d/b/a SwedeBro Resurfacing, as complete and authorizing final payment in the amount of$2,821.80. SUMMARY: SwedeBro, Inc., d/b/a SwedeBro Resurfacing, has completed the specified repair work on the Apple Valley Community Center hallway and lobby floor, as well as Redwood Pool facilities. They've also submitted applicable final paperwork for payment. Staff finds the results of the project acceptable and recommends final payment on Project 2015-120, Apple Valley Community Center Aggregate Flooring. BACKGROUND: An agreement in the amount of $26,310.00 was awarded to SwedeBro, Inc., in 2015 for flooring work at Apple Valley Community Center and Redwood Pool facilities. A majority of the work was completed in 2015. However, there were issues with the applied floor product at Apple Valley Community Center and repairs were needed. Since the repair work required a shut-down of the building, it was scheduled in late August 2016, during the least disruptive time of year. The work has been completed, staff finds the final product acceptable, and recommends final payment on the agreement. BUDGET IMPACT: $2,821.80 (from 2015 budget carry-over funds) ATTACHMENTS: Final Pay Documents CITY OF APPLE VALLEY, MINNESOTA APPLICATION FOR PAYMENT DATE: 919116 PROJECT: 2015-120, Apple Valley Community Center Aggregate Flooring CONTRACTOR: SwedeBro Resurfacing REQUEST FOR PAYMENT NO. 2 ADDRESS: 1409— 15911 Avenue NE Ham Lake, MN 55304 SUMMARY: 1. Original Contract Amount $26.310.00 2. Change Order-ADDITION $0.00 3. Change Order - DEDUCTION $0.00 4. Revised Contract Amount $ 26.310.00 5. Total Completed and Stored to Date $26.310.00 6. Less Retainage % $ 7. Total Earned Less Retainage $ 26,310.00 8. Less Amount Paid Previously $ 23,488.20 9. AMOUNT DUE THIS CURRENT REQUEST $2.821.80 The undersigned Contractor certifies that to the best of his knowledge, information and belief, the work covered by this application for payment has been completed in accordance with the contract documents, that all amounts have been paid by him for work for which previous payments were received from the City and that current pay me t wn herein is now due. Contractor: By; hit VICE I{L� �. Recommended for Payment �i if\\ By, J1'1 ' ATTACH ITEMIZED INVOICE Title: �P CrP(z�1Q� t + v1QC,Pr Date: q 113 1 r1 b '�y'J Resurfa1ci�ng/� 1409 159th Ave. NE DATE: September 1, 2016 Ham Lake, MN 55304 INVOICE# 2016177 Phone: 763-434-9237 Fax: 763-434-8999 Bill To: City of Apple Valley 6442 140th Street West Apple Valley, MN 55387 DESCRIPTION AMOUNT Original Total Contract: for Apple Valley Community Center portion of the project 18,812.00 Payment made October 2015 (15,990.20) TOTAL $ 2,821.80 Make all checks payable to SwedeBro, Inc. After 30 days from due date interest charges acrue at 1.5%per month (18%per year). After 60 days all balances are sent to a collections. A Mechanic's Lien may be filed on property after 60 days. Thank You for Your Business! Resurfacing 1409 159th Ave. NE DATE: June 1, 2015 Ham Lake, MN 55304 INVOICE# 201535 Phone: 763-434-9237 Fax: 763-434-8999 Bill To: City of Apple Valley 6442 140th Street West Apple Valley, MN 55124 DESCRIPTION AMOUNT Resurfacing of floors at Redwood Park 7,498.00 TOTAL $ 7,4 . 0 y-) Make all checks payable to SwedeBro, Inc. Q3'� \ vo l After 30 days from due date interest charges acrue at 1.5%per month (18%per year). After 60 days all balances are sent to a collections. A Mechanic's Lien may be filed on property after 60 days. 0000: ITEM: 4.M. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Acceptance and Final Payment on Agreement with Budget Sandblasting and Painting, Inc., for Project 2016-116, 2016 Concrete Cleaning & Sealing Services Staff Contact: Department/ Division: Michael Glewwe, Public Works Superintendent-Streets Public Works Department ACTION REQUESTED: Approve acceptance and final payment on agreement with Budget Sandblasting and Painting, Inc., for Project 2016-116, 2016 Concrete Cleaning & Sealing Services, in the amount of $870. SUMMARY: Budget Sandblasting & Painting, Inc. has requested final payment of $870 for cleaning and sealing decorative concrete sidewalks along Galaxie Avenue between County Road 42 and 147th Street W. This is the third and final payment for Project 2016-116 for a total of $17,400. The contractor has completed all work per the agreement. The improvements have been inspected and found to be acceptable for final payment. BACKGROUND: On April 14, 2016, City Council approved an agreement with Budget Sandblasting & Painting, Inc. in the amount of $17,400 for cleaning and sealing decorative concrete along Galaxie Avenue between County Road 42 and 147th Street W. BUDGET IMPACT: Funds for this project are included in the 2016 operating budget for the Public Works Street Division. ATTACHMENTS: Final Pay Documents Owner: City of Apple Valley, 7100 W. 147th St.,Apple Valley, MN 551 Date: August 31,2016 S'l:l city of Apple For Period: 7-13-2016 to 8-11-2016 Request No: 3& Final Valley Contractor: Budget Sandblasting& Painting, Inc.,6202 Concord Blvd, Inver Grove Heights. MN 5507 CONTRACTOR'S REQUEST FOR PAYMENT 2016 Concrete Cleaning&Sealing Services Project 2016-116 SUMMARY 1 Original Contract Amount $ 17,400.00 2 ChangeOrder-Addition $ 0.00 3 Change Order-Deduction $ 0.00 4 Revised Contract Amount $ 17,400.00 5 Value Completed to Date $ 17,400.00 6 Material on Hand $ 0.00 7 Amount Earned $ 17,400.00 8 Less Retainage $ 0.00 9 Subtotal $ 17,400.00 10 Less Amount Paid Previously $ 16,530.00 11 Liquidated damages- $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT P 3&Final $ 870.00 Approved by Contractor: Approved by Owner: BUDGET SANDBLASTING&PAINTING, INC. CITY OF APPLE D 9- z z Date Mary Hamann-Roland, Mayor Date Approved By Public Works: CITY OF APPLE VALLEY ATTEST: Pamela J. Gackstetter, City Clerk Date t t Date Request for Final Payment.zls PAYMENT VOUCHER 3 2016 Concrete Cleaning&Sealing Services Project 2016.116 For Period Ending:August 31,2016 OWNER: CONTRACTOR: City of Apple Valley Budget Sandblasting & Painting, Inc. 7100 147th Street West 6202 Concord Blvd. Apple Valley, MN 55124 Inver Grove Hts., MN 55076 Phone: 651-450-7992 Amount of Contract: $17,400.00 Total Amount $17,400.00 Contract Value Less Amount of Work 0 Less Net Account Per Agreement Certified Percent Previous Amount Number April 14,2016 To Date Retained Payments Due Streets Division 1625-6249 $17,400.00. $17,400.00 $16,530.00 $870.00 Subtotal $17.400.00 $17,400.00 $870.00 Total $17,400.00 $17,400.00 $870.00 46 G � Date: 1- 7—/k 'LL Public Works Superinten -Streets r/ Date: w-�.. Public orks Director CITY OF APPLE VALLEY, MINNESOTA y APPLICATION FOR PAYMENT DATE: /7 �J C;2 FOR PERIOD: /a PROJECT: FROM:...z TO: CONTRACTOR:ffiJ �v➢`=S'aR >/ri REQUEST FOR PAYMENT NO. _ ADDRESS: ZlI��r C v SUMMARY: 1. Original Contract Amount $ 2. Change Order- ADDITION $ 3. Change Order- DEDUCTION $ 4. Revised Contract Amount $ 5. Total Completed and Stored to Date $ /z 6. Less Retainage % $ `'7— 7. Total Earned Less Retainage $ 8. Less Amount Paid Previously $ TD 9. AMOUNT DUE THIS CURRENT REQUEST $ The undersigned Contractor certifies that to the best of his knowledge, information and belief, the work covered by this application for payment has been completed in accordance with the contract documents, that all amounts have been paid by him for work for which previous payments were received from the City and that current payment shown herein is now due. Contractor: By: Recommended for � Payment By: ATTACH ITEMIZED INVOICE a — Title: �L Date: 17-/ 0000: ITEM: 4.N. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Personnel Report Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Approve the personnel report. SUMMARY: The employment actions attached to this memo are recommended for City Council Approval. BACKGROUND: The City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. BUDGET IMPACT: Budgeted positions. ATTACHMENTS: Personnel Report PERSONNEL REPORT City of Apple Valley September 22,2016 Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Base Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Accept Part-Time, George Deer Resignation Liquor Clerk Regular 5020 9/16/2016 On-Call Cable Part-Time, Terry Devine Rehire Operator Regular 2012 $ 13.00 Hourly PTYZ02 9/23/2016 Accept Paid on Call Scott Friedland Retirement Firefighter Volunteer 1300 9/9/2016 Full-Time, Jerry Jacobs Promotion Technical Specialist Regular 5305 $ 28.94 Hourly UMT 9/17/2016 Accept Full-Time, Scott Werner Resignation Maintenance II Regular 1600 9/23/2016 Full-Time, Russell Zellmer II Hire Maintenance I Regular 1600 $ 20.40 Hourly UMI 10/10/2016 The Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 0000: ITEM: 4.0. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Consent Agenda Description: Approve Claims and Bills Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Approve claims and bills. SUMMARY: Attached for City Council review and approval are check registers for recent claims and bills. BACKGROUND: N/A BUDGET IMPACT: Check registers dated August 31, 2016, and September 7, 2016, in the amounts of$342,358.15, and $575,075.83, respectively. ATTACHMENTS: Claims and Bills Claims and Bills R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/2016 15:41:31 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 11569 9/2/2016 100101 ACE HARDWARE 1.40- DISCOUNT 295751 101305707061 1060.6333 GENERAL-CASH DISCOUNTS MUNICIPAL BLDG&GROUNDS MNTC 13.98 FOAM INSULATION 295751 101305707061 1060.6229 GENERALSUPPUES MUNICIPAL BLDG&GROUNDS MNTC .60- DISCOUNT 295746 101310706331 1350.6333 GENERAL-CASH DISCOUNTS FIRE VEHICLE MAINTENANCE 5.99 4987 MULTI-PLEX STRIP 295746 101310706331 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 1.05- DISCOUNT 295760 101310706851 1320.6333 GENERAL-CASH DISCOUNTS FIRE PREVENTION 10.49 SPRINKLER TRAILER SUPPLIES 295760 101310706851 1320.6229 GENERALSUPPLIES FIRE PREVENTION 1.80- DISCOUNT 295762 101310707861 1330.6333 GENERAL-CASH DISCOUNTS FIRE OPERATIONS 17.98 MAINT SUPPLIES GEAR/PAR 295762 101310707861 1330.6229 GENERALSUPPLIES FIRE OPERATIONS 5.25- DISCOUNT 295744 101330705081 5150,6333 GENERAL-CASH DISCOUNTS GOLF COURSE MAINTENANCE 3.25 GOLF USE TAX 295744 101330705081 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 52.46 COURSE SUPPLIES 295744 101330705081 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 3.25- 295744 101330705081 999.2330 DUE TO OTHER GOVERNMENT CASH COMPANY BALANCE SHEET 2.40- DISCOUNT 295753 101340707091 5265.6333 GENERAL-CASH DISCOUNTS ARENA2 BLDG MAINTENANCE-HAYES 23.96 BATTERY CLEANER,MISC 295753 101340707091 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 15.92 WASP KILLER FOR GUN RANGE 295757 101360706291 1255.6229 GENERALSUPPLIES POLICE GUN RANGE .40- DISCOUNT 295747 101360706551 1765.6333 GENERAL-CASH DISCOUNTS PARK EQUIPMENT MAINTENANCE 3.96 MOWER REPAIR PARTS 295747 101360706551 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE .92- DISCOUNT 295754 101360707121 1720.6333 GENERAL-CASH DISCOUNTS PARK GROUNDS MAINTENANCE 9.19 COB MEMORIAL BENCH 295754 101360707121 1720.6229 GENERALSUPPLIES PARK GROUNDS MAINTENANCE 9.95 HORNET SPRAY FOR RANGE 295750 101370704821 1255.6229 GENERALSUPPLIES POLICE GUN RANGE 3.00- DISCOUNT 295758 101370706511 1255.6333 GENERAL-CASH DISCOUNTS POLICE GUN RANGE 45.90 WASP AND PEST REMOVER FOR RANG 295758 101370706511 1255.6229 GENERALSUPPLIES POLICE GUN RANGE 1.40- DISCOUNT 295759 101370707541 1255.6333 GENERAL-CASH DISCOUNTS POLICE GUN RANGE 21.94 WASP/INSECT SPRAY 295759 101370707541 1255.6399 OTHER CHARGES POLICE GUN RANGE 13.49- DISCOUNT 295749 101370708121 1210.6333 GENERAL-CASH DISCOUNTS POLICE FIELD OPERATIONS/PATROL 134.91 TOTES FOR 9 SQUADS 295749 101370708121 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 1.00- DISCOUNT 295745 101400706251 5390.6333 GENERAL-CASH DISCOUNTS SWR EQUIPNEHICLE MISC MNTC/RP 9.99 TOOL BOX FOR CAMERA VAN 295745 101400706251 5390.6229 GENERALSUPPLIES SWR EQUIPNEHICLE MISC MNTC/RP 1.00- DISCOUNT 295748 101400706471 5345.6333 GENERAL-CASH DISCOUNTS WATER EQUIPNEHICLE/MISC MNTC 9.98 KEY FOR PORTABLE GENERATOR. 295748 101400706471 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLE/MISC MNTC 1.72- DISCOUNT 295763 101400706611 5390.6333 GENERAL-CASH DISCOUNTS SWR EQUIPNEHICLE MISC MNTC/RP 17.17 MISC SUPPLIES 295763 101400706611 5390.6229 GENERALSUPPLIES SNR EQUIPNEHICLE MISC MNTC/RP .40- DISCOUNT 295764 101400707271 5325.6333 GENERAL-CASH DISCOUNTS WATER TREATMENT FCLTY MNTC/RPR 3.99 WATER SAMPLES PTS 295764 101400707271 5325.6229 GENERALSUPPLIES WATER TREATMENT FCLTY MNTC/RPR .45- DISCOUNT 295765 101400707301 5325.6333 GENERAL-CASH DISCOUNTS WATER TREATMENT FCLTY MNTC/RPR 4.49 WATER SAMPLES PTS 295765 101400707301 5325.6229 GENERALSUPPLIES WATER TREATMENT FCLTY MNTC/RPR 6.80- DISCOUNT 295752 101400707521 5330.6333 GENERAL-CASH DISCOUNTS WTR MAIN/HYDRANT/CURB STOP MINT 67.96 REPLACEMENT FOR BROKEN SHOVELS 295752 101400707521 5330.6211 SMALL TOOLS&EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 2.30- DISCOUNT 295756 101400707711 5330.6333 GENERAL-CASH DISCOUNTS WiR MAIN/HYDRANT/CURB STOP MINT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 11659 9/2/2016 100101 ACE HARDWARE Continued... 22.99 141 SURREY TRAIL GRASS SEED 295756 101400707711 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 457.82 11560 9/2/2016 101365 EGM PUBLISHERS INC 44.99 PH-VILLAGE AT FOUNDERS CIRCL 295495 385466 4502.6239 2015152G PRINTING IMPROVEMENTS-ASSESSED 98.16 TIF PUBLISH SUMMARY 295648 392201 1035.6239 PRINTING FINANCE 850.72 2015 FINANCIAL SUMMARY P1 295847 396116 1035.6239 PRINTING FINANCE 212.68 2015 FINANCIAL SUMMARY PUB PG2 295649 396117 1035.6239 PRINTING FINANCE 1,206.55 11561 9/212016 103314 INNOVATIVE OFFICE SOLUTIONS 35.39 OFFICE SUPPLIES 295455 IN1283586 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 4.80 OFFICE SUPPLIES 295454 IN1283587 1940.6210 OFFICE SUPPLIES AQUATIC SWIM CENTER 24.34 FIRSTAID SUPPLIES 295454 IN1283567 1940.6229 GENERALSUPPLIES AQUATIC SWIM CENTER 15.96 FIRE 3 RING BINDERS 295543 IN1290290 1300.6210 OFFICE SUPPLIES FIRE MANAGEMENT 59.01 FIN OFFICE SUPPLIES 295543 IN1290290 1035.6210 OFFICE SUPPLIES FINANCE 109.00 FIN BOND COPY PAPER 295544 IN1292069 1035.6210 OFFICE SUPPLIES FINANCE 10.80 DEV VOICE MESSAGE LOGS 295545 IN1292070 1100.6210 OFFICE SUPPLIES DEV MANAGEMENT 77.50 FIN COLOR COPIER PAPER 295546 IN1292071 1035.6210 OFFICE SUPPLIES FINANCE 70.76- SENT BACK DISPENSER 295535 SCN049267 1060.6229 GENERALSUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 266.04 11662 9/2/2016 118099 JEFFERSON FIRE&SAFETY INC 897.13 FIRE EXTINGUISHER CANNISTERS 295845 229398 1330.6211 SMALL TOOLS&EQUIPMENT FIRE OPERATIONS 897.13 11563 9/2/2016 100289 LOGIS 220.00 NETWORK SERVICES THRU 7/2/16 295444 42088 1030.6235 CONSULTANT SERVICES INFORMATION TECHNOLOGY 357.50 NETWORK SERVICES THRU 7/16/16 295743 42196 1030.6235 CONSULTANT SERVICES INFORMATION TECHNOLOGY 577.50 NETWORK SERVICES-THRU 7/30/16 295863 42227 1030.6235 CONSULTANT SERVICES INFORMATION TECHNOLOGY 1,155.00 11564 9/2/2016 100341 MN VALLEY TESTING LABS 49.00 WATER QUALITY TESTING 295468 824092 5505.6235 CONSULTANT SERVICES STORM DRAIN MNTC/RPR/SUMPS 49.00 WATER QUALITY TESTING 295840 824411 5505.6235 CONSULTANT SERVICES STORM DRAIN MNTC/RPR/SUMPS 49.00 WATER TESTS 295841 824991 5505.6235 CONSULTANT SERVICES STORM DRAIN MNTC/RPR/SUMPS 147.00 11565 9/2/2016 100348 MTI DISTRIBUTING CO 2,393.16 MOWER PARTS 295838 108630600 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMP'-MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 3 Council Check Register by Invoice 8 Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 11565 91212016 100348 MTI DISTRIBUTING CO Continued... 2,393.16 11566 91212016 121942 SPRINT 69.95- SALES CONCESSION ADJ-AUG 295515 254688814105 1205.6237 TELEPHONE/PAGERS POLICE RECORDS UNIT 199.95 POL WIRELESS DATA LINES-AUG 295515 254688814105 1205.6237 TELEPHONE/PAGERS POLICE RECORDS UNIT 281.57 CELLULAR PHONE SERVICE 295511 691466141119 1330.6237 TELEPHONE/PAGERS FIRE OPERATIONS 411.57 11587 9/212016 101226 STREAMLINE DESIGN INC 1,415.00 FALLVB LEAGUE CHAMP SHIRTS 295645 36675 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL 1,415.00 11568 91212016 100486 TWIN CITY GARAGE DOOR CO 663.00 AFSI REPAIR TO GARAGE DOOR#1 295523 466122 1340.6266 REPAIRS-BUILDING FIRE BLDG 8 GROUNDS MNTC 663.00 11569 912/2016 118830 UHLCOMPANY,INC. 579.00 AVCCAIR/HEATING SYSTEM REPAIR 295521 45254 1900.6266 REPAIRS-BUILDING AV COMMUNITY CENTER 579.00 11570 9/2/2016 100520 WINE COMPANY,THE 9.90 FREIGHT#3 00015926 295568 11605 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 761.34 WINE#3 00015926 295568 11605 5085.6520 VANE LIQUOR#3 STOCK PURCHASES 771.24 270311 8/31/2016 100001 A&B AUTO ELECTRIC INC 65.00 350ALTERNATOR 295474 67835 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 65.00 270312 8/3112016 101231 ADVANCED GRAPHIX INC 850.00 HELMET IDENTIFICATION DECALS 295522 195270 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 850.00 270313 8/31/2016 148665 ADVANCED IMAGING SOLUTIONS(CONT INV) 97.22 COPIER MAINTENANCE 295446 INV109203 5105.6265 REPAIRS-EQUIPMENT GOLF MANAGEMENT 97.22 270314 8/31/2016 120949 AIRGAS USA LLC 100.00 OXYANDARGON 295475 9054411940 1765.6229 GENERALSUPPLIES PARK EQUIPMENT MAINTENANCE 200.00 OXYANDARGON 295475 9054411940 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation FOR Doc No Inv No Account No Subledger Account Description Business Unit 270314 8/31/2016 120949 AIRGAS USA LLC Continued... 96.72 OXYANDARGON 295475 9054411940 5345.6229 GENERALSUPPLIES WATER EQUIPNEHICLE/MISC MNTC 396.72 270315 8/31/2016 144866 AMAZING ATHLETES OF SOUTHWEST METRO 210.00 SUMMER SESSION I-WORKAGREEMEN 295467 1505 1845.6249 OTHER CONTRACTUAL SERVICES REG SELF SUPPORT FROG GENERAL 360.00 SUMMER SESSION I-WORKAGREEMEN 295466 1516 1845.6249 OTHER CONTRACTUAL SERVICES REG SELF SUPPORT FROG GENERAL 570.00 270316 8/31/2016 126174 ARTISAN BEER COMPANY 724.40 BEER#3 00047806 295569 3118221 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 19.17- CMBEER#3 00047806 295570 3119714 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 230.00 BEER#3 00047806 295570 3119714 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 42.00- CMBEER#3 00047806 295571 3119715 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 821.00 BEER#3 00047806 295571 3119715 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,714.23 270317 8/31/2016 100049 BACHMAN'S 35.64 TULIPS FOR SCOUT PROJECT 295844 105204 1720,6229 GENERALSUPPLIES PARK GROUNDS MAINTENANCE 265.00 AVCC FRONT PLANTING 295836 842715 1900,6229 GENERAL SUPPLIES AV COMMUNITY CENTER 300.64 270318 8/31/2016 148127 BAUHAUS BREWLABS 127.50 BEER#1 00051962 295551 10219 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 127.50 270119 8/31/2016 145855 BENT BREWSTILLERY 122.00 BEER#3 00051698 295557 1745 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 122.00 270320 8/31/2016 138336 BERNICK'S BEVERAGE 10.40 TAX#3 00050356 295549 080916 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 40.00 NOTAX#3 00050356 295549 080916 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1.502.10 BEER#3 00050356 295550 312792 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1.552.50 270321 8/31/2016 143123 BOOM ISLAND BREWING COMPANY,LLC 73.00 BEER#3 00051132 295556 5323 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 73.00 270322 8/31/2016 121092 BOURGETIMPORTS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31201615:41:31 Council Check Register by GL Page- 5 Council Check Register by Invoice 8 Summary 8/23/2016 - 9/22016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270322 8/3112016 121092 BOURGETIMPORTS Continued... 6.00 FREIGHT#3 00045600 295562 135795 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 333.00 WINE#3 00045600 295562 135795 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#2 00045600 295561 135796 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 156.00 WINE#2 00045600 295561 135796 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 498.00 270323 8/31/2016 122371 CANNON RIVER WINERY 276.00 WINE#3 00046665 295563 9124 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 276.00 270324 8131/2016 100089 CARQUEST 31.84 408 BRK PADS 295472 15942274357 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLE/MISC MNTC 12.87 346 LOC TITE 295469 1594273766 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 50.98 SOLDNOIDS 4997 295470 1594274284 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 2.76 4997 FUEL LINE 295471 1594274297 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 7.65 AIR FILTER 408 295473 1594274394 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLE/MISC MNTC 106.10 270325 8131/2016 100319 CENTERPOINT ENERGY 15.85 DELANEY PK AUG 295423 5537214BAUG16 1730.6256 UTILITIES-NATURALGAS PARK BUILDING MAINTENANCE 16.98 LI02AUG 295417 55533673AUG16 5065.6256 UTILITIES-NATURALGAS LIQUOR#2 OPERATIONS 24.83 VALLEY MID PK AUG 295428 55611420AUG16 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 446.94 REDWOODAUG 295439 55612972AUG16 1930.6256 UTILITIES-NATURAL GAS REDWOODPOOL 19.06 WELL2AUG 295435 55675664AUG16 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 95.51 AVCC AUG 295438 55686299AUG16 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER 50.95 OLD CH AUG 295440 55710289AUG16 2092.6256 UTILITIES-NATURAL GAS 14200 CEDAR AVE-OLD CITY HALL 45.43 CMF STRG BLD 2 AUG 295422 55793483AUG16 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS 8 GROUNDS MNTC 15.85 GALAXIE PK AUG 295437 55848238AUG16 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 15.85 AV EAST PK AUG 295427 55851521AUG16 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 29.55 WELL 5AUG 295416 55851662AUG16 5320.6256 UTILITIES-NATURALGAS WATER WELUBOOSTER STN MNT/RPR 39.55 WELL4AUG 295424 55851604AUG16 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 1,744.09 WiP AUG 295430 55877872AUG16 5325.6256 UTILITIES-NATURALGAS WATER TREATMENT FCLTY MNTC/RPR 19.06 WELL 1 AUG 295418 55887046AUG16 5320.6256 UTILITIES-NATURALGAS WATER WELUBOOSTER STN MNT/RPR 631.88 IA2 AUG 295441 55978928AUG16 5265.6256 UTILITIES-NATURAL GAS ARENA 2 BLDG MAINTENANCE-HAYES 45.43 CMF STRG BLD 1 AUG 295415 56034416AUG16 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS 8 GROUNDS MNTC 15.85 HAGEMEISTER PKAUG 295429 56100324AUG16 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 23.78 LIQ 1 AUG 295425 56265598AUG16 5025.6256 UTILITIES-NATURAL GAS LIQUOR#1 OPERATIONS 15.85 TEEN CTR AUG 295421 56281637AUG16 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 97.61 SWIM BLDG AUG 295414 56284078AUG16 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 15.85 HUNTINGTON PK AUG 295426 56346620AUG16 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subletlger Account Description Business Unit 270325 8/31/2016 100319 CENTERPOINT ENERGY Continued... 53.42 CMF STRG BLD 3AUG 295419 56696487AUG16 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS 8 GROUNDS MNTC 20.65 460 REFLECTION RD AUG 295434 75761361AUG16 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 3,383.93 SWAM UNIT DAUG 295433 78956218AUG16 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWM CENTER 18.10 SWIM PKAUG 295431 79512695AUG16 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 81.11 HCSCAUG 295432 79615332AUG16 1920.6256 UTILITIES-NATURAL GAS SENIOR CENTER 15.85 UTIL SAN LIFT 2 GEN AUG 295420 91747147AUG16 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 577.63 GOLFAUG 295436 96338967AUG16 5110.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING 7,576.44 270326 8131/2016 100878 CHARTER COMMUNICATIONS 75.00 INTERNET SERVICE-AUG 295453 835230604053512 1930.6237 TELEPHONE/PAGERS REDWOOD POOL OAUG16 69.98 INTERNET SERVICES-AUG 295452 835230604061710 1940.6237 TELEPHONE/PAGERS AQUATIC SWIM CENTER OAUG16 144.98 270327 8/31/2016 131976 CLICGEAR USA 13.00 FREIGHT ON RESLAE MERCH 295464 83546000 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 136.00 SPECIAL ORDER PUSH CART 295464 83546000 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP 149.00 270328 8/31/2016 142662 CONVENTION&VISITORS BUREAU 9,178.05 LODGING TAX-AUG 2016 295526 20160731 7005.6319 REIMBURSEMENT OF REV COLL FOR LODGINGTAX 9,178.05 270329 8131/2016 100129 DAKOTA AWARDS&ENGRAVING 51.00 FF PAR TAGS 295517 15809 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 51.00 270330 8/31/2016 100139 DAKOTA COUNTY LICENSE CENTER 11.00 LICENSE RENEWAI-446 295492 20160822 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 11.00 270331 8/31/2016 100128 DAKOTA ELECTRIC ASSOCIATION 38.78 GALAXIE/FOUNDER LN SPRINKLER 295644 210799 1610.6255 UTILITIES-ELECTRIC STREET/BOULEVARD REPAIR&MNTC 219.89 LIFT STN STRM SWR GALAXIE 295644 210799 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 37.71 FOUNDERS/GALAXIE SIGNAL 295644 210799 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 254.71 15281 FOUNDERS BLVD LIGHTS 295644 210799 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 551.09 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 7 Council Check Register by Invoice 8 Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Descrip0on Business Unit 270332 8/31/2016 100976 DICK'S LAKEVILLE SANITATION INC Continued... 939.39 JULY 4TH PARADE CLEANUP 295498 DT0001517058 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR 8 MNTC 939.39 270333 8/31/2016 100177 FLUEGEL ELEVATOR INC 99.98 WEED KILLER 295409 725275 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR 8 MNTC 33.75 SEED BED STRAW 295456 725327 1715.6229 GENERALSUPPLIES PARKATHLETIC FIELD MAINTENANC 133.73 270334 8/3112016 100769 FRONTIER COMMUNICATIONS OF MN 16.50 POL INTOXILIZER 295488 651101065412229 1250.6237 TELEPHONE/PAGERS POLICE FACILITY 37AUG16 66.00 UTIL STRM SWR ALARMS 295484 651197340501279 5505.6249 OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 97AUG16 33.00 CMF RADIO LINE 295485 651197403911269 1540.6237 TELEPHONE/PAGERS CMF BUILDINGS 8 GROUNDS MNTC 27AUG16 205.38 UTIL ATP PHONES 295476 952431508111088 5325.6237 TELEPHONE/PAGERS WATER TREATMENT FCLTY MNTC/RPR 97AUGi6 68.89 AVCC CREDIT CARD PHONE 295477 952953231702179 1900.6237 TELEPHONE/PAGERS AV COMMUNITY CENTER 97AUGi6 3.58 GOLF USE TAX 295442 952953231904129 5110.6237 TELEPHONE/PAGERS GOLF CLUBHOUSE BUILDING 47AUG16 52.10 GOLF CLUBHOUSE PHONES 295442 952953231904129 5110.6237 TELEPHONE/PAGERS GOLF CLUBHOUSE BUILDING 47AUG16 3.58- 295442 952953231904129 999.2330 DUE TO OTHER GOVERNMENT CASH COMPANY BALANCE SHEET 47AUG16 141.35 PK JCRP PHONES 295478 952953234904139 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 47AUG16 353.39 PK REDWOOD PHONES 295479 952953235004139 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 47AUG16 236.29 UTIL MNTC PHONE 295483 952953235508170 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 47AUG16 213.09 IA2 PHONES 295480 952953236511019 5265.6237 TELEPHONE/PAGERS ARENA BLDG MAINTENANCE-HAVES 57AUG16 245.11 IA1 PHONES 295481 952953236604149 5210.6237 TELEPHONE/PAGERS ARENA BUILDING MAINTENANCE 47AUG16 174.72 TEEN CTR PHONES 295482 952953238502179 1730.6237 TELEPHONEIPAGERS PARK BUILDING MAINTENANCE 97AUGi6 758.49 SWIM-OFFICE PHONE 295489 952953239105021 1940.6237 TELEPHONE/PAGERS AQUATIC SWIM CENTER 67AUG16 70.46 OLD CITY HALL PHONE 295486 952953253410100 2092.6237 TELEPHONE/PAGERS 14200 CEDAR AVE-OLD CITY HALL R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270334 8/31/2016 100769 FRONTIER COMMUNICATIONS OF MN Continued... 17AUG16 171.77 CH GENERATOR/HVAC MODEM 295487 952953273409250 1060.6237 TELEPHONEIPAGERS MUNICIPAL BLDG&GROUNDS MNTC 07AUG16 196.39 SWIM-CHLORINE MONITOR 295490 952953291301071 1940.6237 TELEPHONE/PAGERS AQUATIC SWIM CENTER 07AUG16 3,002.93 270335 8/3112016 100282 G&K SERVICES 68.84 MATS 295534 1013858324 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 74.96 SOAP AND PAPER TOWELS 295534 1013858324 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 151.06 LINEN 295534 1013858324 5120.6240 CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN 34.56 EMPLOYEE SHIRTS 295533 1013858325 5120.6240 CLEANING SERVICEIGARBAGE REMOVGOLF KITCHEN 3.84 ENTRY MAT AVSC 295462 1182852655 1920.6240 CLEANING SERVICEIGARBAGE REMOVSENIOR CENTER 41.12 CMF RUG SERVICE 295407 1182852663 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 374.38 270336 8/3112016 148471 GILBERT MECHANICAL CONTRACTORS INC 432.97 HEAT PUMP SERVICE AVSC 295519 147968 1920.6266 REPAIRS-BUILDING SENIOR CENTER 432.97 270337 8/31/2016 100314 GREAT LAKES COCA-COLA DISTRIBUTION 474.70 POP FOR RESALE 295520 3641200205 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 689.48 295833 3650200181 5120.6421 GOLF-NON ALCOHOLIC BEVERAGES GOLF KITCHEN 1,164.18 270338 8/31/2016 101169 HAWKINS INC 9,954.37 (25%)RDWD WATER MNGMT-2016 295516 2016POOLI 1930.6249 OTHER CONTRACTUAL SERVICES REDWOOD POOL 29,863.13 (75%)AVFAC WATER MNGMT-2016 295516 2016POOLl 1940.6249 OTHER CONTRACTUAL SERVICES AQUATIC SWIM CENTER 1,893.54 CHEMICALS 295509 3933154RI 5325.6214 CHEMICALS WATER TREATMENT FCLTY MNTC/RPR 413.00 CHEMICALS 295510 3934562RI 5325.6214 CHEMICALS WATER TREATMENT FCLTY MNTC/RPR 42,124.04 270339 8/31/2016 100684 HIRSHFIELDS INC 1,230.00 ATHLETIC STRIPING PAINT 295501 113186 1715.6229 GENERALSUPPLIES PARKATHLETIC FIELD MAINTENANC 1,230.00 270340 8131/2016 144088 INDEED BREWING CO 7.88- CMBEER#2 00051420 295554 42312 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 297.40 BEER#3 00051420 295554 42312 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 8.03- CMBEER#2 00051420 295553 42370 5055.6530 BEER LIQUOR#2 STr- 'PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 9 Council Check Register by Invoice 8 Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270340 8/31/2016 144088 INDEED BREWING CO Continued... 186.00 BEER#2 00051420 295553 42370 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 299.10 BEER#3 00051420 295555 42569 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 412.00 BEER#2 00051420 295552 42573 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,178.59 270341 8/31/2016 116698 INSIGHT PUBLIC SECTOR 400.20 COMPUTER PERIPHERALS 295862 1100479791A 1030.6211 SMALL TOOLS 8 EQUIPMENT INFORMATION TECHNOLOGY 137.94 COMPUTER PERIPHERALS 295445 1100490940 1030.6211 SMALL TOOLS 8 EQUIPMENT INFORMATION TECHNOLOGY 538.14 270342 8/31/2016 120553 INTEGRATED LOSS CONTROL,INC. 110.00 HR LABOR CONSULT-SEPT 295443 11235 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 110.00 270343 8/31/2016 149927 ISD 191 COMMUNITY EDUCATION 177.50 PRE-SEASON-TRAINING FACILITY 295450 2710 1940.6310 RENTAL EXPENSE AQUATIC SWIM CENTER 177.50 270344 8/31/2016 100243 ISD 196 425.39 FIBER LOCATING SVCS-JAN-JUNE 295499 1914 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 9,639.85 IA1 CUSTODIAL SVCS-JAN-JUNE 295502 1918 5205.6240 CLEANING SERVICE/GARBAGE REMOVARENA 1 MANAGEMENT 10,065.24 270345 8131/2016 100255 JOHNSON BROTHERS LIQUOR 76.50- CMLIQ#2 00000109 295630 270208 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 85.42- CMLIQ#3 00000109 295663 298349 5085.6510 LIQUOR LIQUOR 93 STOCK PURCHASES 1,073.22 LIQUOR 295761 5491949 5120.6429 GOLF-LIQUOR GOLF KITCHEN 133.25 RUM 295531 5492049 5120.6429 GOLF-LIQUOR GOLF KITCHEN 80.00 MIXER 295532 5501890 5120.6421 GOLF-NONALCOHOLIC BEVERAGES GOLF KITCHEN 1,793.42 LIQ#1 00000109 295616 5512380 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,415.45 WINE#1 00000109 295580 5512381 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 36.35 TAX#1 00000109 295614 5512382 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 66.10 NOTAX#1 00000109 295615 5512382 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 137.50 VINE#3 00000109 295603 5512383 5085.6520 VNNE LIQUOR#3 STOCK PURCHASES 550.00 WINE#2 00000109 295592 5512384 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 6,213.92 LIQ#1 00000109 295617 5512385 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 82.75 WINE#1 00000109 295581 5512387 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 3,074.15 LIQ#1 00000109 295618 5512388 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 879.99 WINE#1 00000109 295582 5512389 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 65.97 BEER#1 00000109 295612 5512390 5015.6530 BEER LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/2016 15:41:31 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270345 8/31/2016 100255 JOHNSON BROTHERS LIQUOR Continued... 763.63 LIQ#2 00000109 295629 5512391 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 379.55 WINE#2 00000109 295593 5512392 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,478.92 LIQ#2 00000109 295631 5512393 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 272.50 WINE#2 00000109 295594 5512394 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,487.69 LIQ#2 00000109 295632 5512395 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 519.96 WINE#2 00000109 295595 5512396 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 765.10 LIQ#3 00000109 295656 5512397 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 125.00 WINE#3 00000109 295604 5512398 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 54.00 BEER#3 00000109 295651 5512399 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 36.35 TAX#3 00000109 295654 5512400 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 29.75 NOTAX#3 00000109 295655 5512400 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 981.86 LIQ#3 00000109 295657 5512401 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 680.52 LIQ#3 00000109 295658 5512402 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 400.02 WINE#3 00000109 295605 5512403 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 646.70 LIQ#1 00000109 295619 5517785 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,540.15 WINE#1 00000109 295583 5517786 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 374.00 LIQ#2 00000109 295633 5517787 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 179.00 LI093 00000109 295659 5517788 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 310.75 LIQ#1 00000109 295620 5517789 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 744.80 WINE#1 00000109 295585 5517790 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 124.40 LIQ#1 00000109 295621 5517791 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 678.81 WINE#1 00000109 295586 5517792 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,692.00 LIQ#1 00000109 295622 5517793 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 200.00 LIQ#2 00000109 295634 5517794 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 931.05 WINE#2 00000109 295596 5517795 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 484.00 WINE#2 00000109 295598 5517796 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 115.84 LIQ#2 00000109 295635 5517797 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,569.88 WINE#2 00000109 295599 5517798 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,400.00 LIQ#2 00000109 295636 5517799 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 182.90 WINE#3 00000109 295606 5517800 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 86.90 WINE#3 00000109 295607 5517801 5085.6520 WINE LIQUOR 93 STOCK PURCHASES 501.78 WINE#3 00000109 295608 5517802 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 43.98 BEER#3 00000109 295653 5517803 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 4,798.00 LIQ#3 00000109 295660 5517804 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,491.00 LIQ#1 00000109 295623 5523293 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 784.00 WINE#1 00000109 295587 5523294 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 224.00 VANE#2 00000109 295600 5523295 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 784.00 WINE#3 00000109 295609 5523296 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 996.21 LI0#1 00000109 295624 5523297 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 6/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270345 8/31/2016 100266 JOHNSON BROTHERS LIQUOR Continued... 519.35 VINE#1 00000109 295588 5523298 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 8,414.72 LIQ#1 00000109 295625 5523301 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 5,880.50 LIQ#1 00000109 295626 5523302 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 11,107.77 LIQ#1 00000109 295627 5523303 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,496.30 WINE#1 00000109 295589 5523304 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 43.98 BEER#1 00000109 295613 5523305 5015.6530 BEER LIQUOR 91 STOCK PURCHASES 2,987.75 LIQ#2 00000109 295637 5523306 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 799.29 WINE#2 00000109 295601 5523307 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 462.35 LIQ#2 00000109 295638 5523308 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 445.80 WINE#2 00000109 295602 5523309 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 3,890.20 LIQ#2 00000109 295639 5523310 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,063.50 LIQ#2 00000109 295641 5523311 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 7,193.25 LIQ#3 00000109 295662 5523312 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 289.96 WINE#3 00000109 295610 5523313 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,239.88 LIQ#3 00000109 295664 5523314 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 865.95 VINE#3 00000109 295611 5523315 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 7,055.78 LIQ#3 00000109 295665 5523316 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3,857.75 LIQ#3 00000109 295666 5523317 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 193.00- CMLIQ#1 00000109 295668 586423 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 539.30- CMLIQ#2 00000109 295669 586424 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,387.95- CMLIQ#3 00000109 295670 586425 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 6.00- CMBEER#3 00000109 295652 587751 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 38.85- CMVVINE#1 00000109 295584 588149 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 52.60- CMWINE#2 00000109 295597 588150 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 20.00- CMLIQ#3 00000109 295661 588151 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 13.15- CMWINE#1 00000109 295590 588484 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 13.15- CMWINE#1 00000109 295591 588485 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 98.00- CMLIQ#2 00000109 295640 894792 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 89.25- CMLIQ#2 00000109 295642 894792 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 102,461.98 270346 8/31/2016 102931 JRK SEED&TURF SUPPLY INC 74.75 HOLDING POND SEED AT QP 295849 4070971 1720.6229 GENERALSUPPLIES PARK GROUNDS MAINTENANCE 74.75 270347 8/31/2016 132646 KWIK KOPY BUSINESS CENTER 107.34 VEHICLE DECALS 295512 19862 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 234.25 ENVELOPES 295494 20057 1200.6239 PRINTING POLICE MANAGEMENT 66.73 FORMS-RECEIPT INVENTORY 295493 20066 1200.6239 PRINTING POLICE MANAGEMENT 408.32 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 12 Council Check Register by Invoice 8 Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270347 8/31/2016 132646 KIMK KOPY BUSINESS CENTER Continued... 270348 8/31/2016 116371 LOFFLER COMPANIES INC(CONT INV) 915.44 CH COLOR COPIER MAINTENANCE 295500 2299647 1030.6265 REPAIRS-EQUIPMENT INFORMATION TECHNOLOGY 161.73 COPIER MAINTENANCE 295447 2299648 1500.6265 REPAIRS-EQUIPMENT PW MANAGEMENT 18.24 COPIER MAINTENANCE 295742 2302351 1920.6265 REPAIRS-EQUIPMENT SENIOR CENTER 1,095.41 270349 8131/2016 149331 LYLE SIGNS INC 136.00 2 ROUNDABOUT SIGNS 291231 241182 1680.6229 GENERALSUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 387.79 STREET SIGNS NEEDED 295408 292346 1680.6229 GENERALSUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 136.00- 2 DIVIDED HIGHWAY SIGN CREDIT 291232 CR000000596 1680.6229 GENERALSUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 387.79 270350 8/3112016 100021 MAMUNDSONLLP 19.00 TAX#2 00044390 295560 222013 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 468.43 NOTAX#2 00044390 295560 222013 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 487.43 270351 8/31/2016 100309 MENARDS 35.15 SHOP SUPPLIES-BIT,MISC 295410 2083 1630.6211 SMALL TOOLS&EQUIPMENT STREET EQUIPMENT MAINTENANCE 13.84 DRILLBIT 295491 2150 5365.6211 SMALL TOOLS&EQUIPMENT SEWER MGMT/REPORTS/DATA ENTRY 23.94 MISC SUPPLIES 295491 2150 5505.6229 GENERALSUPPLIES STORM DRAIN MNTC/RPR/SUMPS 5.89 CLEANING SUPPLIES 295449 2308 1940.6229 GENERALSUPPLIES AQUATIC SWIM CENTER 62.24 LOCKS FOR RESALE 295449 2308 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 44.46 REPAIR LAZY RVR MECH SINK 295539 2362 1940.6229 GENERALSUPPLIES AQUATIC SWM CENTER 660.68 HAYES#7 DUGOUTS-TREATED LUMBR 295503 2365 1715.6229 GENERALSUPPLIES PARKATHLETIC FIELD MAINTENANC 51.88 TRASH BAGS FOR RESTROOMS 295538 2390 1730.6229 GENERALSUPPLIES PARK BUILDING MAINTENANCE 25.14 FORM LUMBER 295541 2439 1720.6229 GENERALSUPPLIES PARK GROUNDS MAINTENANCE 30.84 COBBLESTONE BENCH 295461 2442 1720.6229 GENERALSUPPLIES PARK GROUNDS MAINTENANCE 31.80 POTHOLE REPAIR 295459 2447 1720.6229 GENERALSUPPLIES PARK GROUNDS MAINTENANCE 29.66 PARTS FOR FIELD 2&3A WEST 295848 2462 1780.6215 EQUIPMENT-PARTS PARK HIGH SCHOOL#4 FIELDS 4.24 GOLF USE TAX 295465 2469 5150.6229 GENERALSUPPLIES GOLF COURSE MAINTENANCE 61.64 MAINTENANCE SUPPLIES 295465 2469 5150.6229 GENERALSUPPLIES GOLF COURSE MAINTENANCE 4.24- 295465 2469 999.2330 DUE TO OTHER GOVERNMENT CASH COMPANY BALANCE SHEET 84.79 CLEAN SPLASH PAD FEATURES 295540 2470 1745.6229 GENERALSUPPLIES PARK CRT/GAME AREA MAINTENANCE 9.67 COBBLESTONE BENCH ANCHORS 295460 2472 1720.6229 GENERALSUPPLIES PARK GROUNDS MAINTENANCE 6.19 REPAIR CEMENT FAC 295542 2535 1940.6229 GENERALSUPPLIES AQUATIC SWIM CENTER 9.77 BLADES FOR DUGOUT PROJECT 295846 2756 1715.6229 GENERALSUPPLIES PARKATHLETIC FIELD MAINTENANC 47.01 HARDWARE TO MOVE AVCC TREE 295842 2760 1900.6229 GENERALSUPPLIES AV COMMUNITY CENTER 46.32 PK CONCRETE 295835 2813 1720.6229 GENERALSUPPLIES PARK GROUNr -gINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270351 8/31/2016 100309 MENARDS Continued... 54.39 AVCC GENERAL SUPPLIES 295755 2823 1900.6229 GENERALSUPPLIES AV COMMUNITY CENTER 17.74 SPLIT RAIL FENCING 295834 2827 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 23.98 J-HOOK FOR AVCC TREE MOVE 295843 2843 1900.6229 GENERALSUPPLIES AV COMMUNITY CENTER 1,377.02 270352 8131/2016 125996 MIDWEST MINI MELTS 1,432.00 FOOD FOR RESALE 295536 16657 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 671.25 FOOD FOR RESALE 295537 16664 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 2,103.25 270363 8/31/2016 101176 MN DEPT OF HEALTH 24,616.00 WATER SVC CONNECT FEE-3RD QTR 295524 20160824 5300.2332 STATE WATER TESTING FEE WATER&SEWER FUND BAL SHEET 24,616.00 270354 8131/2016 109947 NEW FRANCE WINE CO 99.00- CMWINE#3 00041046 295559 111501 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 16.50 FREIGHT#3 00041046 295558 112681 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,056.00 WINE#3 00041046 295558 112681 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 973.50 270355 8/31/2016 127905 OFFICE OF MN.IT SERVICES 165.30 LANGUAGE LINE 295839 W16070688 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 165.30 270156 8/1112016 100372 PAUSTIS&SONS 1.25 FREIGHT91 00001291 295572 8558351 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 172.00 1-I0#1 00001291 295572 8558351 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1.25 FREIGHT#3 00001291 295577 8558352 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 172.00 LIQ#3 00001291 295577 8558352 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3.75 FREIGHT#3 00001291 295578 8558458 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 514.00 LIQ93 00001291 295578 8558458 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2.50 FREIGHT#2 00001291 295575 8558460 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 344.00 LIQ#2 00001291 295575 8558460 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1.25 FREIGHT#1 00001291 295573 8558461 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 172.00 1-I0#1 00001291 295573 8558461 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#3 00001291 295579 8558818 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 430.48 WINE#3 00001291 295579 8558818 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#2 00001291 295576 8558821 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 485.26 WINE#2 00001291 295576 8558821 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 6.25 FREIGHT#1 00001291 295574 8558823 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 14 Council Check Register by Invoice 8 Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270356 8/31/2016 100372 PAUSTIS d SONS Continued... 478.13 WINE#1 00001291 295574 8558823 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,796.62 270367 8/31/2016 100751 PHILLIPS WINE&SPIRITS INC 1,287.90 LIQ#1 00000106 295706 2023869 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 207.00 LIQ#1 00000106 295707 2023870 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 63.00 TAX#1 00000106 295703 2023671 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 68.28 NOTAX#1 00000106 295705 2023871 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,751.50 WINE#1 00000106 295671 2023872 5015.6520 WANE LIQUOR#1 STOCK PURCHASES 100.00 WINE#2 00000106 295678 2023873 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,185.50 LIQ#2 00000106 295711 2023875 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 192.00 WINE#2 00000106 295679 2023876 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 41.95 TAX#2 00000106 295710 2023877 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 521.73 IMNE#2 00000106 295680 2023878 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 33.91 WINE#3 00000106 295688 2023879 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 213.95 LIQ#3 00000106 295718 2023880 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 265.95 WINE#3 00000106 295689 2023881 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 26.00 TAX#3 00000106 295714 2023882 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 26.00 NOTAX#3 00000106 295715 2023882 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1,014.72 WINE#1 00000106 295672 2027474 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 206.40 LIQ#1 00000106 295708 2027475 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,464.64 WINE#1 00000106 295674 2027476 5015.6520 MNE LIQUOR#1 STOCK PURCHASES 360.48 WINE#2 00000106 295681 2027477 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 720.00 WINE#3 00000106 295690 2027478 5085.6520 NNE LIQUOR#3 STOCK PURCHASES 375.00 WINE#2 00000106 295683 2027479 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 301.59 WINE#2 00000106 295684 2027480 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 543.41 WINE#2 00000106 295685 2027481 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 800.78 WINE#3 00000106 295692 2027482 5085.6520 NNE LIQUOR#3 STOCK PURCHASES 621.84 WINE#3 00000106 295693 2027483 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,368.72 WINE#1 00000106 295676 2031008 5015.6520 NNE LIQUOR#1 STOCK PURCHASES 36.00- CMWINE#1 00000106 295677 2031008 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 438.00 WINE#2 00000106 295686 2031009 5055,6520 WINE LIQUOR#2 STOCK PURCHASES 1,755.92 LIQ#1 00000106 295709 2031010 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 26.00 TAX#1 00000106 295704 2031011 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 88.00 VNNE#2 00000106 295687 2031012 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 481.25 LIQ#2 00000106 295712 2031013 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 195.50 LIQ#2 00000106 295713 2031014 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 216.91 WINE#3 00000106 295694 2031015 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 528.94 LIQ#3 00000106 295719 2031016 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 39.90 TAX#3 00000106 295717 2031017 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 ST' 'URCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check;V Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270367 8/31/2016 100761 PHILLIPS WINE&SPIRITS INC Continued... 900.50 WINE93 00000106 295695 2031170 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 26.00- CMNOTAX#3 00000106 295716 244099 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 7.58- CMWINE#1 00000106 295675 244361 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 180.00- CMWINE#2 00000106 295682 244425 5055.6520 VINE LIQUOR#2 STOCK PURCHASES 360.00- CMWINE#3 00000106 295691 244426 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 200.00- CMWINE#1 00000106 295673 36241 5015.6520 VINE LIQUOR#1 STOCK PURCHASES 19,623.59 270358 8/31/2016 147827 PHILLIPS,LISA 648.00 AVSC SPANISH INSTRUCTOR(18) 295518 20160816 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 648.00 270359 8/31/2016 119682 PLAYPOWER LT FARMINGTON INC 1,203.64 PLAYGROUND PARTS 295865 1400201882 1735.6215 EQUIPMENT-PARTS PARK PLAY EQUIPMENT MAINTENANC 1,203.64 270360 8/31/2016 100280 POPP COMMUNICATIONS 4.37 REDWOOD LD ACCESS 295412 992359343 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 13.43 AVCC LD ACCESS 295412 992359343 1900.6237 TELEPHONE/PAGERS AV COMMUNITY CENTER .30- GOLF USE TAX ADJUST 295412 992359343 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .30 GOLF USE TAXADJUST 295412 992359343 5145.6237 TELEPHONE/PAGERS GOLF SHOP BUILDING MAINTENANCE 4.37 GOLF LD ACCESS 295412 992359343 5145.6237 TELEPHONE/PAGERS GOLF SHOP BUILDING MAINTENANCE 4.37 IA2 LD ACCESS 295412 992359343 5265.6237 TELEPHONE/PAGERS ARENA2 BLDG MAINTENANCE-HAYES 8.72 IA1 LD ACCESS 295412 992359343 5210.6237 TELEPHONE/PAGERS ARENA/ BUILDING MAINTENANCE 35.26 270361 8/31/2016 112120 RATWIK ROSZAK&MALONEY PA 2,467.61 INDEPENDENT INVESTIGATION 295646 59098 1960.6235 CONSULTANT SERVICES CONTINGENCY 2,467.61 270362 8/31/2016 149126 RED BULL DISTRIBUTION COMPANY 121.00 TAX#1 00052064 295548 K18432212 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 121.00 270363 8/31/2016 100165 RIVER COUNTRY COOPERATIVE 2,980.00 FERTILIZER 295864 40776 1720.6213 FERTILIZER PARK GROUNDS MAINTENANCE 2,980.00 270364 8/3112016 100405 RMR SERVICES INC 2.610.45 AUG 16 METER READING 295525 2016280 5303.6249 OTHER CONTRACTUAL SERVICES UTILITY BILLING R55CKR2 LOGIS101 CITY OF APPLE VALLEY - 8/31/201615:41:31 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270364 6/31/2016 100406 RMR SERVICES INC Continued... 2,610.45 270365 8/31/2016 132466 SAM'S CLUB DIRECT 2.70- FIRE SALES TAX ADJUST 295851 2109 1330.6229 GENERALSUPPLIES FIRE OPERATIONS 2.70 FIRE SALES TAX ADJUST 295651 2109 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 70.75 FF REHAB SUPPLIES 295851 2109 1330.6229 GENERALSUPPLIES FIRE OPERATIONS 15.00- MEMBERSHIP CREDIT-BREUER 295850 26992 1700.6280 DUES&SUBSCRIPTIONS PARK&RECREATION MANAGEMENT 15.00- MEMBERSHIP CREDIT-ZELLER 295850 26992 5105.6280 DUES&SUBSCRIPTIONS GOLF MANAGEMENT 4.25- GOLF USE TAX 295853 6257 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 4.25 GOLF USE TAX 295853 6257 5110.6229 GENERALSUPPLIES GOLF CLUBHOUSE BUILDING 5.98 FOOD FOR KITCHEN 295853 6257 5120.6420 GOLF-FOOD GOLF KITCHEN 47.64 BEVERAGES 295853 6257 5120.6421 GOLF-NON ALCOHOLIC BEVERAGES GOLF KITCHEN 61.92 GARBAGE BAGS 295853 6257 5110.6229 GENERALSUPPLIES GOLF CLUBHOUSE BUILDING .38- GOLF SALES TAX ADJUST 295856 6846 5110.6211 SMALL TOOLS&EQUIPMENT GOLF CLUBHOUSE BUILDING .38 GOLF SALES TAX ADJUST 295856 6846 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 160.62 TABLES 295856 6846 5110.6211 SMALL TOOLS&EQUIPMENT GOLF CLUBHOUSE BUILDING 57.88 TEEN CENTER-STORAGE&VIDEOGAME 295860 7034A 1840.6229 GENERALSUPPLIES REC TEEN PROGRAMS .10- GOLF SALES TAXADJUST 295855 7355 5110.6211 SMALL TOOLS&EQUIPMENT GOLF CLUBHOUSE BUILDING .10 GOLF SALES TAXADJUST 295855 7355 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 42.72 TABLES 295855 7355 5110.6211 SMALL TOOLS&EQUIPMENT GOLF CLUBHOUSE BUILDING 41.96 SAFETY PICNIC 295861 7775 1020.6399 OTHER CHARGES HUMAN RESOURCES 10.96 KITCHEN FOOD 295854 8340 5120.6420 GOLF-FOOD GOLF KITCHEN 24.56 SWIM DIAPERS 295852 9074 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 199.98 CANOPY FOR CEMETERY INTERNMENT 295859 9082 5605.6211 SMALL TOOLS&EQUIPMENT CEMETERY 147.10 COFFEE,SPOONS,SUGAR 295857 934A 5145.6229 GENERALSUPPLIES GOLF SHOP BUILDING MAINTENANCE 36.76 KITCHEN FOOD 295858 9980A 5120.6420 GOLF-FOOD GOLF KITCHEN 878.83 270366 8/31/2016 102293 SKINNER,STEPHAN C 150.66 JULY MILEAGE-SKINNER 295451 20160729 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 150.66 270367 8/31/2016 100447 SOUTH RIVER HEATING&COOLING INC 866.63 WEEKLY CHECK&REPAIR-8/18 295647 1617308 2092.6266 REPAIRS-BUILDING 14200 CEDAR AVE-OLD CITY HALL 866.63 270368 8/31/2016 100524 SOUTHERN WINE&SPIRITS OF MN LLC .03 LIQ#2 00050756 295727 1428647 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,107.26 LIQ41 00050756 295722 1443025 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,873.73 WINE#1 00050756 295725 1443026 5015.6520 WINE LIQUOR#1 STr" 'DURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/2016 15'41'31 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270368 8/31/2016 100524 SOUTHERN WINE&SPIRITS OF MN LLC Continued... 131.73 LIQ#2 00050756 295728 1443028 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 388.00 WINE#2 00050756 295731 1443029 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 830.33 LIQ#3 00050756 295732 1443050 6085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 938.00 VINE#3 00050756 295736 1443051 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 80.00 WINE#3 00050756 295737 1443052 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 4,659.46 LIQ#1 00050756 295723 1445495 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 608.00 WINE#1 00050756 295726 1445496 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 27.00 TAX#1 00050756 295720 1445497 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 42.00 NOTAX91 00050756 295721 1445497 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,059.48 LIQ#2 00050756 295729 1445498 5055.6510 LIQUOR LIQUOR 92 STOCK PURCHASES 3,009.52 LIQ#3 00050756 295733 1445519 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 96.56 LIQ#3 00050756 295734 1445520 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,877.33 WINE#3 00050756 295738 1445521 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 81.00- CMLIQ#1 00050756 295724 9084919 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 9.75- CMLIQ#2 00050756 295730 9084920 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 30.75- CMLIQ#3 00050756 295735 9084922 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 17,606.93 270369 8/31/2016 101753 SYSCO MINNESOTA,INC 1,152.04 FOOD FOR RESALE 295496 608120831 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 846.86 FOOD FOR RESALE 295497 608162530 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 68.90 NON ALCOHOLIC BEV 295866 608162534 5120.6421 GOLF-NON ALCOHOLIC BEVERAGES GOLF KITCHEN 90.45 CUPS 295866 608162534 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 216.00 NONALCOHOLIC BEV 295866 608162534 5120.6421 GOLF-NON ALCOHOLIC BEVERAGES GOLF KITCHEN 2,220.98 FOOD 295866 608162534 5120.6420 GOLF-FOOD GOLF KITCHEN 52.36 FOOD FOR RESALE 295547 608190992 1850.6540 TAXABLE MISC FOR RESALE RED SOFTBALL 887.74 FOOD 295867 608190993 5120.6420 GOLF-FOOD GOLF KITCHEN 48.40 GOLF FOOD 295530 608200440 5120.6420 GOLF-FOOD GOLF KITCHEN 5,583.73 270370 8/31/2016 149129 THE CHEF EDGE LLC .10- GOLF SALES TAX ADJUST 295529 8429 5120.6249 OTHER CONTRACTUAL SERVICES GOLF KITCHEN .10 GOLF SALES TAX ADJUST 295529 8429 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 40.71 KNIFE EXCHANGE 295529 8429 5120.6249 OTHER CONTRACTUAL SERVICES GOLF KITCHEN 40.71 270371 8/3112016 100470 TIME SQUARE SHOPPING CENTER II,LLP 1,611.84 LIQI CAM ESCROW-SEPT 295411 20160901 5025.6310 RENTALEXPENSE LIQUOR#1 OPERATIONS 2,902.66 LIQI TAX ESCROW-SEPT 295411 20160901 5025.6310 RENTALEXPENSE LIQUOR#1 OPERATIONS 11,000.00 L1OI LEASE-SEPT 295411 20160901 5025.6310 RENTALEXPENSE LIQUOR#1 OPERATIONS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/2016 15:41:31 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 8/23/2016 — 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270371 8/31/2016 100470 TIME SQUARE SHOPPING CENTER 11,LLP Continued... 15,514.50 270372 8/31/2016 144851 TKO WINES 412.80 WINE#3 00051521 295565 3999 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 619.20 WINE#1 00051521 295564 4000 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,032.00 270373 8/31/2016 100495 VALLEY POOLS&SPAS 107.96 REWOOD POOL SUPPLIES 295458 1134283 1930.6229 GENERALSUPPLIES REDWOOD POOL 107.96 270374 8/31/2016 120890 VALLEY VIEW GLASS&SCREEN 322.00 WINDOW REPAIR 295448 20160816 1900.6266 REPAIRS-BUILDING AV COMMUNITY CENTER 322.00 270375 8/31/2016 100839 VALLEY-RICH COMPANY INC 16,854.46 6971 133RD ST WATER BREAK RPR 295508 23119 5330.6269 REPAIRS-OTHER WfR MAIN/HYDRANT/CURB STOP MNT 16,854.46 270376 8/3112016 100497 VIKING ELECTRIC SUPPLY INC 85.00 BULB FOR AVFAC 295457 1701100 1940.6229 GENERALSUPPLIES AQUATIC SWIM CENTER 85.00 270377 8/31/2016 100498 VIKING INDUSTRIAL CENTER 4.30 GOLF USE TAX 295505 3087193 5150.6229 GENERALSUPPLIES GOLF COURSE MAINTENANCE 435.12 SAFETY SUPPLIES 295505 3087193 5150.6229 GENERALSUPPLIES GOLF COURSE MAINTENANCE 4.30- 295505 3087193 999.2330 DUE TO OTHER GOVERNMENT CASH COMPANY BALANCE SHEET 435.12 270378 8/31/2016 122010 VINOCOPIA 12.00 FREIGHT#3 00046257 295567 158758 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 120.00 TAX#3 00046257 295567 158758 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 14.00 FREIGHT#1 00046257 295566 159075 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 688.00 WINE#1 00046257 295566 159075 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 834.00 270379 8/31/2016 126509 WATER CONSERVATION SERVICE 3,573.00 LEAK DETECTION ANNUAL SURVEY 295507 6966 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAIN/HYDRANT/CURB STOP MNT 3,573.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 19 Council Check Register by Invoice 8 Summary 8/23/2016 - 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subletlger Account Description Business Unit 270380 8/31/2016 100621 WINE MERCHANTS Continued... 150.00 WINE#3 00022992 295700 7094900 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 212.00 WINE#1 00022992 295696 7094901 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 128.00 WINE#2 00022992 295698 7094902 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 104.00 WINE#3 00022992 295701 7094903 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 444.55 WINE#1 00022992 295697 7095829 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 102.85 WINE 92 00022992 295699 7095830 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 308.55 WINE#3 00022992 295702 7095831 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,449.95 270381 8/31/2016 108865 WINFIELD SOLUTIONS,LLC 44.59 GOLF USE TAX 295504 61114774 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 648.54 GRASS SEED 295504 61114774 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 44.59- 295504 61114774 999.2330 DUE TO OTHER GOVERNMENT CASH COMPANY BALANCE SHEET 648.54 270382 8/31/2016 100363 XCEL ENERGY 57.47 SL ELECTRIC-147TH 8 JCR 295513 513066979 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 176.45 POL GUN RANGE ELECTRIC 295514 513475344 1255.6255 UTILITIES-ELECTRIC POLICE GUN RANGE 233.92 270383 8/31/2016 100528 ZIEGLER INC 2,302.33 WELL N.GAS ENGINE REPAIR 295506 SW050260175 5320.6265 REPAIRS-EQUIPMENT WATER WELL/BOOSTER STN MNT/RPR 2,302.33 20160845 8/24/2016 148841 SELECTACCOUNT 739.00 PARTICIPANTS FEES-AUGUST 295145 1158316 7205.6235 CONSULTANT SERVICES INSURANCE CLAIMS 739.00 20160846 812612016 101671 MN DEPT OF REVENUE 1,563.89 DIESELTAX STREETS(AUDIT) 295741 082616 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 1,563.89 20160847 8/23/2016 100873 HEALTHPARTNERS(DENTAL CLAIMS-EFT) 3,436.90 DENTAL CLAIMS B/11/16-8/17/16 295739 20160817 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,436.90 20160848 812912016 100873 HEALTHPARTNERS(DENTAL CLAIMS-EFT) 4,480.42 DENTAL CLAIMS 8118/16-8/24/16 295740 20160824 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 4,480.42 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 8/31/201615:41:31 Council Check Register by GL Page- 20 Council Check Register by Invoice 8 Summary 8/23/2016 — 9/2/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20160901 9/1/2016 148841 SELECTACCOUNT Continued... 736.68 HSA EMPLOYER FUNDING 295380 20160901 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING SAL SHEET 736.68 342,358.15 Grand Total Payment Instrument Totals IChecks 321,038.75 O EFT Pay I 10,956.89 A/P ACH Payment 10,362.51 �\ lfv Total Payments 342,358.15 R55CKS2 LOGIS100 CITY OF APPLE VALLEY 8/31/201615:41:39 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 8/23/2016 - 9/2/2016 Company Amount 00999 CASH COMPANY 59.96- 01000 GENERALFUND 77,305.49 02090 14200 CEDAR AVE-OLD CITY HALL 988.04 04500 CONSTRUCTION PROJECTS 44.99 05000 LIQUOR FUND 167,968.85 05100 GOLF FUND 10,903.20 05200 ARENAFUND 10,764.58 05300 WATER 8 SEWER FUND 54,865.21 05500 STORM DRAINAGE UTILITY FUND 456.83 05600 CEMETERY FUND LEVEL PROGRAM 199.98 05800 STREET LIGHT UTIL FUND 349.89 07000 LODGING TAX FUND 9,178.05 07100 INSURANCE TRUST DENTAL FUND 7,917.32 07200 RISK MANAGEMENT/INSURANCE FUND 739.00 09000 PAYROLL CLEARING FUND 736.68 Report Totals 342,358.15 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 1614:11 Council Check Register by GL Page- 1 Council Check Register by Invoice 8 Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 11571 9/9/2016 100709 BATTERIES PLUS BULBS 105.90 FIRE SECURITY SYS BATTERIES 295952 17375843 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 87.89 FIRE SECURITY SYS BATTERIES 295953 17376250 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 15.95 UPS BATTERY 295951 17376374 5506.6215 EQUIPMENT-PARTS STORM LIFT STN MNTC/RPR 209.74 11672 9/9/2016 100058 BELLBOY CORPORATION .89 FREIGHT#3 00004928 295921 54988500 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 133.68 LIQ#3 00004928 295921 54988500 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 8.10 FREIGHT#1 00004928 295918 55012500 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 860.40 LIQ#1 00004928 295918 55012500 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 8.10 FREIGHT#3 00004928 295922 55012600 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 866.00 LIQ#3 00004928 295922 55012600 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 12.15 FREIGHT#1 00004928 295919 55088400 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 816.70 LIQ#1 00004928 295919 55088400 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2.70 FREIGHT#2 00004928 295920 55088500 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 178.20 LIQ#2 00004928 295920 55088500 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 2.70 FREIGHT#3 00004928 295923 55088600 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 187.90 LIQ#3 00004928 295923 55088600 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 227.97 TAX#2 00004928 295914 94457200 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 427.76 TAX#3 00004928 295916 94457400 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 228.15 NOTAX#1 00004928 295913 94501600 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 63.00 NOTAX#2 00004928 295915 94501700 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 85.50 NOTAX#3 00004928 295917 94501800 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 4,109.90 11573 9/9/2016 147357 BNG TECHNOLOGIES,LLC 100.00 GATEWAY CHARGE-SEPT 296025 50218 5105.6249 OTHER CONTRACTUAL SERVICES GOLF MANAGEMENT 3.44 GOLF USE TAX 296026 50219 5105.6249 OTHER CONTRACTUAL SERVICES GOLF MANAGEMENT 250.00 POS SUPPORTAGREEMENT-SEPT 296026 50219 5105.6249 OTHER CONTRACTUAL SERVICES GOLF MANAGEMENT 3.44- 296026 50219 999.2330 DUE TO OTHER GOVERNMENT CASH COMPANY BALANCE SHEET 350.00 11574 9/9/2016 100071 BOYERTRUCKS 136.22 314 SPRING BRAKE 295970 1082638 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 11.66 240 TRANS FILTER 295971 1084019 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 147.88 11575 919/2016 100102 COLLEGE CITY BEVERAGE 11.60- BEER 295528 322781 5120.6419 GOLF-BEER GOLF KITCHEN 406.85 BEER 295958 322836 5120.6419 GOLF-BEER GOLF KITCHEN R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 16:14:11 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 11575 9/9/2016 100102 COLLEGE CITY BEVERAGE Continued... 397.25 11676 9/9/2016 100491 GREATER TWIN CITIES UNITED WAY 62.50 CHARITABLE GIVING 296018 90716924196 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING GAL SHEET 62.50 11577 9/9/2016 103314 INNOVATIVE OFFICE SOLUTIONS 93.70 OFFICE SUPPLIES 296034 IN1304211 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 93.70 11678 9/9/2016 100279 LAW ENFORCEMENT LABOR SERVICES 441.00 SERGEANT(#243)UNION DUES 296015 90716924193 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,911.00 POLICE(#71)UNION DUES 296015 90716924193 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,352.00 11579 9/9/2016 138249 MINNESOTA ENVIRONMENTAL FUND 52.50 CHARITABLE GIVING 296010 907169241914 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 52.50 11580 9/9/2016 120496 NATURE CALLS INC 3,765.80 PORTABLE RESTROOMS JULY 296041 24761 1770.6310 RENTAL EXPENSE PARK GENERAL MAINTENANCE 21.59 GOLF USE TAX 296041 24761 5150.6310 RENTAL EXPENSE GOLF COURSE MAINTENANCE 314.00 GOLF CHEMICAL TOILETS-JULY 296041 24761 5150.6310 RENTALEXPENSE GOLF COURSE MAINTENANCE 21.59- 296041 24761 999.2330 DUE TO OTHER GOVERNMENT CASH COMPANY BALANCE SHEET 90.00 PORTABLE RESTRM RENT QUARRY PT 296040 24762 1820.6310 RENTALEXPENSE REG CULTURAL PROGRAMS 455.00 PORTABLE RESTRM RENT PARADE 296040 24762 1820.6310 RENTALEXPENSE REG CULTURAL PROGRAMS 970.00 PORTABLE RESTRM RENT JCRPE 8 W 296040 24762 1820.6310 RENTALEXPENSE REG CULTURAL PROGRAMS 1,145.00 PORTABLE RESTRM RENT JULY 4TH 296040 24762 1820.6310 RENTALEXPENSE REG CULTURAL PROGRAMS 6,739.80 11581 9/9/2016 118834 OPEN YOUR HEART 112.50 CHARITABLE GIVING 296008 907169241912 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 112.50 11582 9/9/2016 121767 VARNER TRANSPORTATION _ 275.00 FREIGHT#i 00045995 295888 31905 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 66.00 FREIGHT#3 00045995 295896 31907 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 202.40 FREIGHT#1 00045995 295887 32891 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 111.10 FREIGHT#3 00045995 295895 32892 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 9.90 FREIGHT#2 00045995 295891 32893 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 ST(`- 'URCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 16:14:11 Council Check Register by GL Page- 3 Council Check Register by Invoice 6 Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 11582 9/9/2016 121767 VARNER TRANSPORTATION 167.70 FREIGHT#2 Continued... 00045995 295892 32898 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 251.90 FREIGHT#1 00045995 295889 32903 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 128.70 FREIGHT#3 00045995 295897 32904 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 140.80 FREIGHT#2 00045995 295893 32905 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 471.90 FREIGHT#1 00045995 295890 32908 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 292.60 FREIGHT93 00045995 295898 32909 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 176.00 FREIGHT#2 00045995 295894 32910 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,288.00 11583 9/9/2016 100626 ZEE MEDICAL SERVICE 56.35 FIRSTAID SUPPLIES JC-EAST 295964 54032962 1770.6229 GENERALSUPPLIES PARK GENERAL MAINTENANCE 47.85 FIRSTAID SUPPLIES JC-EAST 295965 54032963 1770.6229 GENERALSUPPLIES PARK GENERAL MAINTENANCE 104.20 270384 917/2016 147463 ADAM'S PEST CONTROL INC 85.00 PEST CONTROL 295994 2442227 1060.6249 OTHER CONTRACTUAL SERVICES MUNICIPAL BLDG&GROUNDS MNTC 85.00 270386 91712016 126174 ARTISAN BEER COMPANY 70.00- CMBEER#1 00047806 295909 3121106 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 2,512.55 BEER#1 00047806 295909 3121106 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 501.50 BEER#2 00047806 295911 3121107 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 450.00 BEER#1 00047806 295910 3122574 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 318.00 BEER#2 00047806 295912 3122575 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3,712.05 270386 917/2016 100049 BACHMAN1 1,121.12 AVCC FRONT PLANTING 295870 842117 1900.6229 GENERALSUPPLIES AV COMMUNITY CENTER 1,121.12 270387 9/7/2016 149966 BAUER,LOGAN 118.95 US REFUND 13059 FERRIS CT 296045 20160901A 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 118.95 270388 91712016 148127 BAUHAUS BREWLABS 259.50 BEER#2 00051962 295886 10319 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 370.00 BEER#1 00051962 295885 10389 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 629.50 270389 91712016 100583 BENJAMIN,JEFFREY M CITY OF APPLE VALLEY 9/7/2016 16:14:11 R55CKR2 LOGIS101 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subleoger Account Description Business Unit 270389 917/2016 100583 BENJAMIN,JEFFREY M Continued... 200.00 BOOTS-J BENJAMIN 296064 20160822 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 200.00 270390 917/2016 138336 BERNICK'S BEVERAGE 20.00 TAX#1 00050356 295924 315172 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 40.00 NOTAX#1 00050356 295924 315172 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 582.55 BEER#1 00050356 295925 315173 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 10.40 TAX#2 00050356 295926 315174 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 20.00 NOTAX#2 00050356 295926 315174 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 7.04- CMBEER#2 00050356 295927 315175 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 523.85 BEER#2 00050356 295927 315175 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,189.76 270391 917/2016 144366 SIX PRODUCE CO 338.10 QUESADILLAS 295997 3544350 5120.6420 GOLF-FOOD GOLF KITCHEN 338.10 270392 9/712016 144243 BRANTNER,POLLY 1.08 AUG MILEAGE-BRANTER 295527 20160817 1020.6277 MILEAGE/AUTO ALLOWANCE HUMAN RESOURCES 12.70 LETTUCE FOR PD LUNCHEON 295527 20160817 7204.6399 OTHER CHARGES GRANT-ACTIVE WORKPLACES 13.78 270393 9/712016 100296 BREAKTHRU BEVERAGE MIN-BEER INC 1,087.00 BEER#1 00000105 295944 1090594091 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 64.80- CMBEER#1 00000105 295945 1090594092 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 81.00 BEER#1 00000105 295945 1090594092 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 4,201.90 BEER#3 00000105 296078 1090595057 5085,6530 BEER LIQUOR#3 STOCK PURCHASES 60.00- CM8EER#1 00000105 295947 1090596016 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 9,342.60 BEER#1 00000105 295947 1090596016 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,635.20 BEER#1 00000105 295975 1090597087 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3,145.60 BEER#2 00000105 296069 1090597360 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,264.70 BEER#3 00000105 296079 1090597899 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 267.60- CMBEER#1 00000105 295976 1090598811 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 6,180.45 BEER#1 00000105 295976 1090598811 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 438.00 BEER#1 00000105 295977 1090598812 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 243.00 BEER#1 00000105 295978 1090599869 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 874.00 BEER#1 00000105 295946 1090599870 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 2,729.20 BEER#2 00000105 296070 1090600341 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 51.50 TAX#3 00000105 296081 1090600864 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 5,475.70 BEER#3 00000105 296081 1090600864 5085.6530 BEER LIQUOR#3 ST(' "URCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 16:14:11 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270393 977/2016 100296 BREAKTHRU BEVERAGEMIN-BEER INC Continued... 70.00- CMBEER#1 00000105 295982 1090601545 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 7,665.00 BEER#1 00000105 295982 1090601545 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 243.00 BEER#1 00000105 295983 1090601546 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 94.00 BEER 295996 1090603407 5120.6419 GOLF-BEER GOLF KITCHEN 2,751.65 BEER#2 00000105 296072 1090603502 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 23.80 TAX#1 00000105 295987 1090604753 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 5,925.40 BEER#1 00000105 295987 1090604753 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 157.00 BEER#1 00000105 295984 1090604754 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 158.40- CMBEER#1 00000105 295990 1090606006 5015,6530 BEER LIQUOR#1 STOCK PURCHASES 2,562.80 BEER#1 00000105 295990 1090606006 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 7,022.85 CMBEER#2 00000105 296075 1090606390 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 72.67- CMBEER#1 00000105 295941 32124 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 6.92- CM6EER#1 00000105 295942 32125 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 13.80- CMBEER#2 00000105 296071 35654 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 56.40- CMBEER#3 00000105 296080 35660 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 35.50- CMBEER#1 00000105 295979 35663 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 53.92- CMBEER#1 00000105 295980 35665 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 18.45- CMBEER#1 00000105 295981 35666 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 41.77- BEER#2 00000105 296073 35700 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 47.70- CMBEER#1 00000105 295985 35706 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 17.82- CMBEER#1 00000105 295986 35707 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 71.65- CMBEER#1 00000105 295943 R09147739 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 92.10- CMBEER#3 00000105 296076 R09148413 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 192.00- CMBEER#3 00000105 296077 809148419 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 78.05- CMBEER#1 00000105 295988 R09151123 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 194.40- CMBEER#1 00000105 295989 R09151134 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 345.60- BEER#2 00000105 296074 R09151774 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 61,235.80 270394 917/2016 100162 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR 1.53 FREIGH7#3 00001930 295931 1080514652 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 275.82 LIQ#3 00001930 295931 1080514652 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES Supplier 100219 BREAKTHRU BEVERAGE WINE 11.50 FREIGHT#3 00001930 295939 1080514653 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 678.66 WINE#3 00001930 295939 1080514653 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2.30 FREIGHT#2 00001930 295929 1080514835 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 166.36 LIQ#2 00001930 295929 1080514835 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES Supplier 100219 BREAKTHRU BEVERAGE WINE 2.30 FREIGHT#2 00001930 295937 1080514836 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 116.83 WINE#2 00001930 295937 1080514836 5055.6520 WINE LIQUOR#2 STOCK PURCHASES CITY OF APPLE VALLEY 9/7/2016 16:14:11 R55CKR2 LOGIS101 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check it Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270394 917/2016 100152 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Continued... 9.20 FREIGHT#1 00001930 295936 1080514839 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 580.00 WINE#1 00001930 295936 1080514839 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 198.00- CMLIQ#3 00001930 295932 1080517757 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 28.94 FREIGHT#3 00001930 295932 1080517757 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,937.24 LIQ#3 00001930 295932 1080517757 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES Supplier 100219 BREAKTHRU BEVERAGE WINE 4.79 FREIGHT#3 00001930 295940 1080517758 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 182.49 WINE#3 00001930 295940 1080517758 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 175.22- CMLIQ#2 00001930 295930 1080517904 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1.15- CMFREIGHT#2 00001930 295930 1080517904 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 10.54 FREIGHT#2 00001930 295930 1080517904 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 37.50 NOTAX#2 00001930 295930 1080517904 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR 92 STOCK PURCHASES 1,109.36 LIQ42 00001930 295930 1080517904 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 2,233.00- CMLIQ#1 00001930 295928 1080517905 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 12.65- CMFREIGHT#1 00001930 295928 1080517905 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 29.52 FREIGHT#1 00001930 295928 1080517905 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4,309.03 LIQ#i 00001930 295928 1080517905 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES Supplier 100219 BREAKTHRU BEVERAGE WINE 19.00- CMWINE#2 00001930 295938 2080141639 5055.6520 WANE LIQUOR#2 STOCK PURCHASES 43.84- CMLIQ#3 00001930 295933 R08024919 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 20.88- CMLIQ#3 00001930 295934 R08025162 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 40.30- CMLIQ#3 00001930 295935 R08025163 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES Supplier 100219 BREAKTHRU BEVERAGE WANE 7,749.87 270395 9/7/2016 100073 BREITUNG,CORY L 19.98 JEANS-2 PR-BREITUNG 296062 20160718 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 19.98 270396 9f7/2016 149967 CARAWAY,LATISHA 184.76 US REFUND 14768 LOWER ENDICOTT 296046 20160901B 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 184.76 270397 9/7/2016 100089 CARQUEST 11.95 240 OIL FILTER 295956 1594274487 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 15.38 SQD BULBS 295967 1594274601 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 79.16 313 DOOR HANDLE 295966 1594274615 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 8.42 41SAIR FILTER 295968 1594274865 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLE/MISC MNTC 114.91 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 16:14:11 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270398 9/7/2016 100878 CHARTER COMMUNICATIONS Continued... .53- POOL SALES TAX ADJUST 296022 835230604000020 1930.6237 TELEPHONE/PAGERS REDWOOD POOL 8AUG16 .53 POOL SALES TAXADJUST 296022 835230604000020 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 8AUG16 7.97 POOL CABLE SERVICE-AUG 296022 835230604000020 1930.6237 TELEPHONE/PAGERS REDWOOD POOL 8AUG16 .50 CMF CABLE TV-AUGUST 296068 835230604010892 1540.6237 TELEPHONE/PAGERS CMF BUILDINGS&GROUNDS MNTC SAUG16 8.47 270399 9/7/2016 101431 COMMUNITY HEALTH CHARITIES 115.00 CHARITABLE GIVING 296006 907169241910 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 115.00 270400 917/2016 120274 CUSTOM REFRIGERATION INC 942.25 LS 1 COOLER FAN MOTOR REPAIRS 296031 11191 5025.6266 REPAIRS-BUILDING LIQUOR#1 OPERATIONS 942.25 270401 9/7/2016 100129 DAKOTA AWARDS&ENGRAVING 75.00 ELIASON RETIREMENT PLAQUE 296035 15579 1200.6281 UNIFORM/CLOTHING ALLOWANCE POLICE MANAGEMENT 93.78 RECRUIT PAR AND GEAR RACK TAGS 295963 15849 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 168.78 270402 9/7/2016 100139 DAKOTA COUNTY LICENSE CENTER 19.75 TITLE FORFEITURE-'06 HONDA 296065 20160907 1215.6399 OTHER CHARGES POLICE DETECTIVE UNIT 19.75 TITLE FORFEITURE-'06 KIA 296065 20160907 1215.6399 OTHER CHARGES POLICE DETECTIVE UNIT 39.50 270403 99/2016 100128 DAKOTA ELECTRIC ASSOCIATION 370.86 VALLEYWOOD MAINT BLDG 296053 210820 5145.6255 UTILITIES-ELECTRIC GOLF SHOP BUILDING MAINTENANCE 4,361.61 VALLEYWOOD CLUBHOUSE 296053 210820 5110.6255 UTILITIES-ELECTRIC GOLF CLUBHOUSE BUILDING 19.44 VALLEYWOOD RESERVOIR 296053 210820 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 43.28 QUARRY POINT WATER TOWER 296053 210820 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21.30 158TH/DIAMOND PATH MOONLIGHT 296053 210820 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 47.51 COBBLESTONE LK PKWY LTS 296053 210820 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 54.26 COBBLESTONE PK PKWY LTS 296053 210820 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 63.26 15750 DIAMOND WAY LIGHTS 296053 210820 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 71.22 15850 DRAWSTONE TRL LIGHTS 296053 210820 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 96.37 15761 COBBLESTONE LK PKWY LTS 296053 210820 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 656.07 15298153RD STREET LIGHT 296053 210820 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND CITY OF APPLE VALLEY 9/7/2016 16:14:11 R55CKR2 LOGIS101 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270403 9/7/2016 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 5,805.18 270404 917/2016 103089 DEEPTINELLC 2,939.06 GREENS AERATION 296023 2824 5150.6249 OTHER CONTRACTUAL SERVICES GOLF COURSE MAINTENANCE 2,939.06 270405 917/2016 100434 DOUGHERTY MOLENDA SOLFEST HILLS&BAUER 26,059.00 POL PROSECUTION SERVICE-SEPT 296027 66112720916 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 13,441.50 GEN CIVIL LEGAL SERVICE-SEPT 296028 66112730916 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 39,500.50 270406 917/2016 101640 EDINA REALTY TITLE 11.91 UB REFUND 13802 FAIR OAK LN 296036 20160901V 5301.4997 WATER/SEWER ACCT REFUNDS WATER 8 SEWER FUND REVENUE 11.91 270407 9/7/2016 144557 EXECUTIVE OUTDOOR SERVICES LLC 666.66 MOWSERVICESAUG 295948 134 1060.6249 OTHER CONTRACTUAL SERVICES MUNICIPAL BLDG 8 GROUNDS MNTC 7,833.36 MOWSERVICESAUG 295948 134 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 600.00 MOW SERVICES AUG 295948 134 2092.6249 OTHER CONTRACTUAL SERVICES 14200 CEDAR AVE-OLD CITY HALL 600.00 MOWSERVICESAUG 295948 134 2092.6249 OTHER CONTRACTUAL SERVICES 14200 CEDAR AVE-OLD CITY HALL 316.66 MOWSERVICESAUG 295948 134 5065.6249 OTHER CONTRACTUAL SERVICES LIQUOR#2 OPERATIONS 316.66 MOW SERVICES AUG 295948 134 5095.6249 OTHER CONTRACTUAL SERVICES LIQUOR#3 OPERATIONS 1,966.66 MOWSERVICESAUG 295948 134 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY 12,300.00 270408 917/2016 100167 FACTORY MOTOR PARTS CO 50.00 960 PADS 295955 15063908 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 131.13 SOD 911 REAR AXLE 295993 15067029 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 136.00 960 FRONT ROTORS 295954 75231356 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 11.83 WIPERS FOR SQDS 295969 75231598 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 38.00 MARKER LIGHT BULBS FOR DUMP TR 295969 75231598 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 366.96 270409 9/7/2016 120313 FASTENALCOMPANY 99.24 MISC SCREWS BOLTS CONNECTORS 295992 MNLAK134736 1530.6215 EQUIPMENT-PARTS FLEET 8 BUILDINGS-CMF 99.24 270410 917/2016 149971 FIDELITY LAND TITLE AGENCY OF CINCINNATI 106.06 US REFUND 7779 157TH ST W 296050 20160901F 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 106.06 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 16:14:11 Council Check Register by GL Page- 9 Council Check Register by Invoice 8 Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270410 917/2016 149971 FIDELITY LAND TITLE AGENCY OF CINCINNATI - Continued... 270411 9/712016 149968 FIELD,NATHAN 61.36 US REFUND 7614157TH ST W C 296047 201609010 5301.4997 WATER/SEWER ACCT REFUNDS WATER 8 SEWER FUND REVENUE 61.36 270412 9/7/2016 149969 FLETCHER,HAROLD 111.23 US REFUND 14105 HERITAGE CT 296048 20160901D 5301.4997 WATER/SEWER ACCT REFUNDS WATER 8 SEWER FUND REVENUE 111.23 270413 917/2016 100282 G 8 K SERVICES 68.84 MATS 295999 1013869544 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 275.45 LINEN 295999 1013869544 5120.6240 CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN 34.56 UNIFORMS 295998 1013869545 5120.6240 CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN .46- IA2 SALES TAX ADJUST 296004 1182863862 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA2 BLDG MAINTENANCE-HAYES .46 IA2 SALES TAX ADJUST 296004 1182863862 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 6.86 ENTRANCE RUGS 296004 1182863862 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA2 BLDG MAINTENANCE-HAYES .86- IA1 SALES TAX ADJUST 296003 1182863863 5205.6240 CLEANING SERVICE/GARSAGE REMOVARENA 1 MANAGEMENT .86 IAI SALES TAX ADJUST 296003 1182863863 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 12.86 ENTRANCE RUGS 296003 1182863863 5205.6240 CLEANING SERVICE/GARBAGE REMOVARENA 1 MANAGEMENT 398.57 270414 917/2016 149970 GEORGE,EDWARD 16.27 US REFUND 7833 UPPER 145TH CT 296049 20160901E 5301.4997 WATER/SEWER ACCT REFUNDS WATER 8 SEWER FUND REVENUE 16.27 270415 9/7/2016 149974 GISH,JENNIFER 206.00 REFUND AVCC DEPOSIT RENTAL HRS 296092 20160902 1001.5115 RENTS-APPLE VALLEY COMM CENTERGENERAL FUND REVENUE 206.00 270416 9/7/2016 100314 GREAT LAKES COCA-COLA DISTRIBUTION 575.80 JCRP POP FOR RESALE 296042 3561200210 1850.6540 TAXABLE MISC FOR RESALE REC SOFTBALL 575.80 270417 9/7/2016 147493 HARRIS SERVICE 3,680.75 PREVEN MAINT CONTRACT-AUG-OCT 295957 505005037, 5110.6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 3,680.75 270418 9/712016 101023 HEDBERG AGGREGATES 8.45- PK DISCOUNT 295871 53115 1715.6333 GENERAL-CASH DISCOUNTS PARKATHLETIC FIELD MAINTENANC 422.80 SEEDING MAT 295871 53115 1715.6229 GENERALSUPPLIES PARKATHLETIC FIELD MAINTENANC CITY OF APPLE VALLEY 9(//2016 16:14:11 R55CKR2 LOGIS101 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270418 917/2016 101023 HEDBERG AGGREGATES Continued... 414.35 270419 917/2016 100231 HOHENSTEINS INC 8.25- CMBEER#3 00005574 295907 210205 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,002.50 BEER#3 00005574 295906 842124 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 186.00 BEER#2 00005574 295902 842169 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 29.00 TAX#3 00005574 295908 843414 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 294.00 BEER#3 00005574 295908 843414 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 173.00 BEER#2 00005574 295903 843415 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 664.80 BEER#1 00005574 295899 843416 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 29.00 TAX#1 00005574 295900 844968 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 480.50 BEER#1 00005574 295900 844968 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 462.00 BEER#2 00005574 295904 844969 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 639.00 BEER#2 00005574 295905 646026 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 2,588.00 BEER#1 00005574 295901 846027 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 6,539.55 270420 9/7/2016 144088 INDEED BREWING CO 160.50 BEER#2 00051420 295880 42847 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 630.00 BEER#1 00051420 295879 42996 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 790.50 270421 9/7/2016 100013 J J TAYLOR DISTRIBUTING CO OF MN 12.40- CMBEER#2 00000116 296091 2528345 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 296091 2528345 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 296091 2528345 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,565.75 BEER#2 00000116 296091 2528345 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296084 2528653 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296084 2528653 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 222.00 TAX#1 00000116 296084 2528653 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296082 2528701 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296082 2528701 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 56.60 BEER#1 00000116 296082 2528701 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 41.20- CMBEER#1 00000116 296083 2553321 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296083 2553321 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296083 2553321 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 121.70 TAX#1 00000116 296083 2553321 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 8,034.15 BEER#1 00000116 296083 2553321 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 296097 2553323 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 296097 2553323 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STI "URCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 1614:11 Council Check Register by GL Page 11 Council Check Register by Invoice 8,Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270421 9/7/2016 100013 JJ TAYLOR DISTRIBUTING CO OF MN Continued... 21.50 TAX#3 00000116 296097 2553323 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2,371.40 BEER#3 00000116 296097 2553323 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 6.76- CMBEER#2 00000116 296093 2553343 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 296093 2553343 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 296093 2553343 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 24.60 TAX#2 00000116 296093 2553343 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,619.79 BEER#2 00000116 296093 2553343 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 87.26- CMBEER#1 00000116 296085 2553350 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296085 2553350 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296085 2553350 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 40.00 NOTAX#1 00000116 296085 2553350 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 82.24 TAX#1 00000116 296085 2553350 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 6,062.90 BEER#1 00000116 296085 2553350 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296086 2553351 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296086 2553351 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 210.00 TAX#1 00000116 296086 2553351 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 6.16- CMBEER#3 00000116 296098 2553353 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 296098 2553353 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 296098 2553353 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 38.80 NOTAX#3 00000116 296098 2553353 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 63.49 TAX#3 00000116 296098 2553353 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 7,141.40 BEER#3 00000116 296098 2553353 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 74.00- CMTAX#1 00000116 296088 2553375 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296088 2553375 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296088 2553375 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 249.00 BEER#1 00000116 296088 2553375 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3.60- CMBEER#2 00000116 296094 2553381 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 296094 2553381 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 296094 2553381 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 40.00 NOTAX#2 00000116 296094 2553381 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 2,196.60 BEER#2 00000116 296094 2553381 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 104.38- CMBEER#1 00000116 296087 2553388 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296087 2553388 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296087 2553388 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 21.50 TAX#1 00000116 296087 2553388 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 38.80 NOTAX#1 00000116 296087 2553388 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 6,487.30 BEER#1 00000116 296087 2553388 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 9.50- CMBEER#3 00000116 296099 2553389 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 296099 2553389 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 16:14:11 Council Check Register by GL Page- 12 Council Check Register by Invoice 6 Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270421 917/2016 100013 JJ TAYLOR DISTRIBUTING CO OF MN Continued... 3.00 FREIGHT#3 00000116 296099 2553389 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 78.80 NOTAX#3 00000116 296099 2553389 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2,948.20 BEER#3 00000116 296099 2553389 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 11.20- CMBEER#2 00000116 296095 2570012 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 296095 2570012 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 296095 2570012 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,057.15 BEER#2 00000116 296095 2570012 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 57.92- CMBEER#1 00000116 296089 2570017 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296089 2570017 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296089 2570017 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 89.29 TAX#1 00000116 296089 2570017 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 7,164.55 BEER#1 00000116 296089 2570017 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 17.72- CMBEER#3 00000116 296100 2570019 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 296100 2570019 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 296100 2570019 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 38.80 NOTAX43 00000116 296100 2570019 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 39.05 TAX#3 00000116 296100 2570019 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2,652.20 BEER#3 00000116 296100 2570019 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 296096 2570043 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 296096 2570043 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 20.85 TAX#2 00000116 296096 2570043 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 3,548.20 BEER#2 00000116 296096 2570043 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 16.80- CMBEER#3 00000116 296101 2570049 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 296101 2570049 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 296101 2570049 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 103.09 TAX#3 00000116 296101 2570049 5085.6540 - TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 5,233.60 BEER#3 00000116 296101 2570049 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 40.86- CMBEER#1 00000116 296090 2570051 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 296090 2570051 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 296090 2570051 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 38.80 NOTAX#1 00000116 296090 2570051 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 71.09 TAX#1 00000116 296090 2570051 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 9,601.15 BEER#1 00000116 296090 2570051 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 72,904.58 270422 917/2016 122600 JACOBS,JEROME J 19.99 JEANS-1 PRJACOBS 296063 20160822 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 19.99 270423 9/7/21 149962 KELLUM,WILLIAM AND PATRICIA I R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9O12016 16:14:11 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Data Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270423 9/7/2016 149952 KELLUM,WILLIAM AND PATRICIA Continued... 212.64 WATER QUALITY COST SHARE GRANT 295872 20160825 5505.6249 OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 212.64 270424 9/7/2016 149972 LANG,BRENT P 216.58 UB REFUND 14376 EMBRV CT 296051 20160901G 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 216.58 270425 9/7/2016 143612 LINE 1 PARTNERS INC 575.00 CELL BOOSTER STATION INSTALL 295868 18600 1900.6266 REPAIRS-BUILDING AV COMMUNITY CENTER 575.00 270426 9/7/2016 141905 LIU,JINGJING 45.12 UB REFUND 13645 EVERTON AVE 296059 20160901P 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 45.12 270427 9/7/2016 149976 LUIKENS,MICHAEL 32.79 US REFUND 13599 HOLLINS CT 296052 20160901H 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 32.79 270428 917/2016 149976 LUKE,BRETT 32.00 UB REFUND 15729 FOLIAGE AVE 296054 201609011 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 32.00 270429 917/2016 120549 MAXFIELD,MARK 1,020.00 GOLF LESSONS 296038 20164 5115.6428 GOLF LESSONS GOLF PRO SHOP 1,020.00 270430 9/7/2016 100309 MENARDS 131.50 TOOLS FOR SHOP 295873 2596 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MNTC 9.34 .-B WELD EPDXY 295949 2755 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 1,053.86 HAYES#7 DUGOUTS 295869 2814 1715.6229 GENERAL SUPPLIES PARKATHLETIC FIELD MAINTENANC 10.99 GOLF USE TAX 296024 2815 5145.6229 GENERALSUPPLIES GOLF SHOP BUILDING MAINTENANCE 159.80 PLYWOOD 296024 2815 5145.6229 GENERALSUPPLIES GOLF SHOP BUILDING MAINTENANCE 10.98- 296024 2815 999.2330 DUE TO OTHER GOVERNMENT CASH COMPANY BALANCE SHEET 154.37 CLEANING AND BALLASTS 296000 3042 5265.6229 GENERAL SUPPLIES ARENA2 BLDG MAINTENANCE-HAYES 1,508.87 270431 9/7/2016 128973 MIKE'S SHOE REPAIR INC 218.00 TURNOUT GEAR REPAIRS 295962 8192016 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 218.00 CITY OF APPLE VALLEY 9/7/2016 16:14:11 R55CKR2 LOGIS101 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270431 917/2016 128973 MIKE'S SHOE REPAIR INC Continued... 270432 9/712016 100690 MMBA 15.00 MMBA MTG-ROSEVILLE-SWANSON 296001 20160831 5005.6275 SCHOOLS/CONFERENCES/EXP LOCAL LIQUOR GENERAL OPERATIONS 15.00 270433 9/7/2016 100546 MN GOLF ASSOCIATION INC 198.00 HANDICAP FEES 293829 45081601JUL16 5115.6426 HANDICAP FEE GOLF PRO SHOP 5.00 HANDICAP FEES 293830 45081602JUL16 5115.6426 HANDICAP FEE GOLF PRO SHOP 22.00 HANDICAP FEES 293831 45081605JUL16 5115.6426 HANDICAP FEE GOLF PRO SHOP 44.00 HANDICAP FEES 294114 45081607JUL16 5115.6426 HANDICAP FEE GOLF PRO SHOP 66.00 HANDICAP FEES 294113 45081608JUL16 5115.6426 HANDICAP FEE GOLF PRO SHOP 44.00 HANDICAP FEES 294112 45081609JUL16 5115.6426 HANDICAP FEE GOLF PRO SHOP 198.00 HANDICAP FEES 294103 5102695 5115.6426 HANDICAP FEE GOLF PRO SHOP 44.00 HANDICAP FEES 294105 5103416 5115.6426 HANDICAP FEE GOLF PRO SHOP 621.00 270434 917/2016 145220 MN ICE ARENA MANAGERS ASSOC 175.00 MIAMACNF BREEZY PT CHRISTIANS 296037 3452 5205.6275 SCHOOLS/CONFERENCES/EXP LOCALARENA 1 MANAGEMENT 350.00 MIAMACONF BREEZY PT PETERSON 296037 3452 5205.6275 SCHOOLS/CONFERENCES/EXP LOCAL ARENA I MANAGEMENT 525.00 270435 9/7/2016 116683 NORTHLAND SECURITIES 4,930.00 TIF REPORTING(1,7,13,16) 296030 4634 3217.6235 CONSULTANT SERVICES TIF EDA BOND,$260,000 990.00 TIF REPORTING DIST 14 296030 4634 4737.6235 CONSULTANT SERVICES TIF 14 AV BUSINESS CAMPUS 990.00 TIF REPORTING DIST 15 296030 4634 4742.6235 CONSULTANT SERVICES TIF 15 PARKSIDE VILLAGE 2,480.00 TIF 18 ANALYSIS 296029 4635 4502.6235 2016156G CONSULTANT SERVICES IMPROVEMENTS-ASSESSED 9,390.00 270436 917/2016 149977 OLVER,DARIN 120.47 US REFUND 5159148TH ST W 296055 2016090IJ 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 120.47 270437 917/2016 149839 PARKLAWN REALTY 31.21 US REFUND 15464 PENNOCK LN 296043 20160901K 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 31.21 270438 9/7/2016 100374 PEPSI-COLA COMPANY 216.50 TAX#2 00002171 295881 51245810 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 216.50 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9(1/2016 1614:11 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270439 9/712016 149979 PETERSON,DAVID Continued... 108.81 US REFUND 14268 FRIDLEY WAY 296057 20160901M 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 108.81 270440 9!1/2016 109091 PETERSON,JAY 158.22 JUNE-AUG MILEAGE-PETERSON 296002 20160818 5205.6277 MILEAGE/AUTO ALLOWANCE ARENA 1 MANAGEMENT 158.22 270441 9/7/2016 149980 PODRATZ,JOHN 110.00 US REFUND 14469 GUTHRIE AVE 296058 20160901N 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 110.00 270442 9/7/2016 149447 R.E.O.SOLUTIONS INC 60.00 UB REFUND 5690139TH ST CT W 296044 201609010 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 60.00 270443 9/712016 149126 RED BULL DISTRIBUTION COMPANY 68.50 TAX#2 00052064 295884 K18543122 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 327.00 TAX#1 00052064 295883 K18704696 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 395.50 270444 9/7/2016 100673 RED WING SHOE STORE 174.24 BOOTS-DEVERY 296067 7240000006723 1400.6281 UNIFORM/CLOTHING ALLOWANCE INSPECTIONS MANAGEMENT 174.24 270446 9/712016 128228 SCHYMA,DANIEL 18.84 FBI HUMINTTRAINING-SCHYMA 296033 20160825 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 18.84 270446 917/2016 100422 ST PAUL STAMP WORKS 64.75 MAGNETIC BADGES-BRUCE NORD 296032 368587 1100.6229 GENERAL SUPPLIES DEV MANAGEMENT 64.75 270447 91712016 146118 STEEL TOE BREWING,LLC 606.00 BEER#1 00051551 295882 12142 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 606.00 270448 917/2016 120106 SWANSON,SCOTT F 20.25 AUG MILEAGE-SWANSON 296061 20160901 5005.6277 MILEAGE/AUTOALLOWANCE LIQUOR GENERAL OPERATIONS 20.25 CITY OF APPLE VALLEY 9/7/2016 16:14:11 R55CKR2 LOGIS101 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 8/31/2016 - 9/12/2016 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270449 9/712016 101753 SYSCO MINNESOTA,INC Continued... 44.34 GLOVES 295874 607010785 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 1,962.79 FOOD 295874 607010785 5120.6420 GOLF-FOOD GOLF KITCHEN 235.94 KITCHEN SUPPLIES 295875 607080946 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 1,154.81 FOOD 295875 607080946 5120.6420 GOLF-FOOD GOLF KITCHEN .56- GOLF SALES TAX ADJUST 295876 607152440 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN .56 GOLF SALES TAXADJUST 295876 607152440 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 55.98 NON ALCOHOLIC BEV 295876 607152440 5120.6421 GOLF-NON ALCOHOLIC BEVERAGES GOLF KITCHEN 350.99 KITCHEN SUPPLIES 295876 607152440 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 684.00 FOOD 295876 607152440 5120.6420 GOLF-FOOD GOLF KITCHEN 281.72 KITCHEN SUPPLIES 295878 608051286 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 1,803.80 FOOD 295878 608051286 5120.6420 GOLF-FOOD GOLF KITCHEN .10- GOLF SALES TAX ADJUST 295877 608092663 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN .10 GOLF SALES TAXADJUST 295877 608092663 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 65.61 KITCHEN SUPPLIES 295877 608092663 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 164.00 NON ALCOHOLIC BEV 295877 608092663 5120.6421 GOLF-NON ALCOHOLIC BEVERAGES GOLF KITCHEN 1,320.53 FOOD 295877 608092663 5120.6420 GOLF-FOOD GOLF KITCHEN 326.98 KITCHEN SUPPLIES 295960 608232646 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 670.96 FOOD 295960 608232646 5120.6420 GOLF-FOOD GOLF KITCHEN 1.21- GOLF SALES TAXADJUST 296039 608250450 5120.6229 GENERALSUPPLIES GOLF KITCHEN 1.21 GOLF SALES TAX ADJUST 296039 608250450 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 515.85 WATER PITCHERS(24) 296039 608250450 5120.6229 GENERAL SUPPLIES GOLF KITCHEN 58.25 SUPPLIES 295961 608260752 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 2,546.46 FOOD 295961 608260752 5120.6420 GOLF-FOOD GOLF KITCHEN 12,243.01 270460 917/2016 146020 THE VERNON COMPANY 364.55 GIVE AWAY ITEM-MOOD SPOON 295995 2102265RI 1275.6229 GENERAL SUPPLIES POLCOMMUN OUTREACH/CRIME PRE\ 364.55 270451 917/2016 100481 TRI-STATE BOBCAT INC 156.72 HYD HOSE 347 295991 P62877 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 156.72 270452 9/712016 143395 UNIVERSITY OF MINNESOTA 20.00 PESTICIDE RECERT-ADAMINI 296066 20160907 1710.6275 SCHOOLS/CONFERENCES/EXP LOCAL PARK MAINTENANCE MANAGEMENT 20.00 270453 917/2016 101123 USA BLUE BOOK 234.92 PAINT FOR GSOC LOCATES 295950 42652 5335.6229 GENERALSUPPLIES WATER FINAL/SERVICE ON OFF/LOC 234.92 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 16:14:11 Council Check Register by GL Page- 17 Council Check Register by Invoice 8 Summary 6/31/2016 - 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 270463 9/7/2016 101123 USA BLUE BOOK Continued... 270464 9/7/2016 100493 VALLEY BUICK GMC INC 50.00 RT TAIL LIGHT ASSY 963 295972 33524 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 183.75 RT TAIL LIGHT ABBY 9fi3 295972 33524 7205.6399 OTHER CHARGES INSURANCE CLAIMS 233.75 270456.9/7/2016 117062 WEISS,TODD R 45.36 AUG MILEAGE-WEISS 296060 20160831 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 45.36 270456 9/7/2016 149978 WELLS FARGO BANK NA TSTEE 139.31 US REFUND 13141 FINCH WAY 296056 20160901L 5301.4997 WATER/SEWERACCT REFUNDS WATER&SEWER FUND REVENUE 139.31 270467 9/7/2016 100529 ZINCK,JAMES R 52.92 ZINCKAUGUST MILEAGE 295959 20160830 5105.6277 MILEAGE/AUTO ALLOWANCE GOLFMANAGEMENT 52.92 20160849 8/31/2016 148841 SELECTACCOUNT 534.59 FLEX SP[ENDING DAYCARE-2016 296103 38261379 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING SAL SHEET 699.79 FLEX SP[ENDING MEDICAL-2016 296103 38261379 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING SAL SHEET 1,234.38 20160902 9/9/2016 148015 EMPOWER 960.00 MN DCP-PLAN#650251 296011 907169241915 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET 960.00 20160903 9/9/2016 148869 EMPOWER(HCSP) 248.93 SERGEANT HCSP FUNDING-GROSS WA 296013 907169241917 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET 441.77 POLICE HCSP FUNDING-COMP 296013 907169241917 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET 1,170.06 POLICE HCSP FUNDING-GROSS WAGE 296013 907169241917 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET 1,626.36 POLICE HCSP FUNDING-ANNUAL LEA 296013 907169241917 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,487.12 20160904 9/9/2016 101238 MINNESOTA CHILD SUPPORT PAYMENT CENTER 507.50 CHILD SUPPORT PAYMENT 296020 90716924198 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET 459.50 CHILD SUPPORT PAYMENT 296021 90716924199 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET 967.00 20160905 9/9/2016 100392 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION R55CKR2 LOGIS101 CITY OF APPLE VALLEY 9/7/2016 16:14:11 Council Check Register by GL Page- 18 Council Check Register by Invoice 8 Summary 8/31/2016 — 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20160905 919/2016 100392 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Continued... 44,183.80 EMPLOYEE SHARE PERA 296016 90716924194 9000.2114 ACCRUED PERA PAYROLLCLEARING SAL SHEET 57,829.65 CITY SHARE PERA 296016 90716924194 9000.2114 ACCRUED PERA PAYROLL CLEARING SAL SHEET 102,013.45 20160906 9/9/2016 148841 SELECTACCOUNT 4,161.03 HSA EMPLOYEE FUNDING 296012 907169241916 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING SAL SHEET 4,161.03 20160907 9/8/2016 148841 SELECTACCOUNT 947.00 FLEX SPENDING MEDICAL-2016 296102 38265311 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING SAL SHEET .50 FLEX SPENDING MEDICAL 2016 296104 38265311 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING SAL SHEET 947.50 20160908 919/2016 100455 AFFINITY PLUS FEDERAL CREDIT UNION 1,595.00 EMPLOYEES DEDUCTIONS 296017 90716924195 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BALSHEET 1,595.00 20160909 91912016 100240 VANTAGEPOINT TRANSFER AGENTS-467 FT 26,722.34 ICMA-PLAN#301171 296014 90716924192 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 26,722.34 20160910 919/2016 126459 VANTAGEPOINT TRANSFER AGENTS-ROTH 1,216.00 ROTH IRA-PLAN#705481 296009 907169241913 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING SAL SHEET 1,216.00 20160911 9/12/2016 102664 ANCHOR BANK 8,760.33 EMPLOYEE MEDICARE 296007 907169241911 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING SAL SHEET 8,760.33 CITY SHARE MEDICARE 296007 907169241911 9000.2111 ACCRUED FEDERAL/FICA PAYROLLCLEARING SAL SHEET 26,974.59 EMPLOYEE FICA 296007 907169241911 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BALSHEET 26,974.59 CITY SHARE FICA 296007 907169241911 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BALSHEET 63,162.86 FEDERAL TAXES PR 296007 907169241911 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING SAL SHEET 134,632.70 20160912 9/12/2016 100667 MN DEPT OF REVENUE 25,296.57 STATE TAX WITHHOLDING 296019 90716924197 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BALSHEET 25,296.57 575,075.83 Grand Total Payment Instrument Totals Checks 254,822.77 R55CKR2 LOGIS101 CIN OF APPLE VALLEY 9/7/2016 16:1411 Council Check Register by GL Page- 19 Council Check Register by Invoice 8 Summary 8/31/2016 — 9/12/2016 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 575,075.83 Grand Total Payment Instrument Totals n l� Checks 254,822.77 EFT Payments 303,233.09 �l A/P ACH Payment 17,019.97 + Total Payments 575,075.83 R55CKS2 LOGIS100 CITY OF APPLE VALLEY 9/7/2016 16:14:17 Note: Payment amount may not felled the actual amount due to date sequencing and/ordaia selection. Council Check Summary Page- 1 8/31/2016 - 9/12/2016 Company Amount 00999 CASH COMPANY 36.02- 01000 GENERAL FUND 61,047.05 02090 14200 CEDAR AVE-OLD CITY HALL 1,200.00 03215 TIF EDA BONDS,$260,000 4,930.00 04500 CONSTRUCTION PROJECTS 2,480.00 04735 TIF 14 AV BUSN CAMPUS 990.00 04740 TIF 14 PARKSIDE VILLAGE 990.00 05000 LIQUOR FUND 163,884.33 05100 GOLF FUND 27,357.23 05200 ARENAFUND 857.31 05300 WATER&SEWER FUND 2,046.65 05500 STORM DRAINAGE UTILITY FUND 228.59 05600 CEMETERY FUND LEVEL PROGRAM 1,966.66 05600 STREET LIGHT UTIL FUND 1,009,99 07200 RISK MANAGEMENT/INSURANCE FUND 196.45 09000 PAYROLL CLEARING FUND 305,927.59 Report Totals 575,075.83 0000: ITEM: 5.A. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Regular Agenda Description: Proclaim September 30, 2016, "Oktoberfest", and October 1, 2016, "Galaxiefest", Community Festivals Staff Contact: Department/ Division: Director Barry Bernstein Parks and Recreation Department ACTION REQUESTED: Proclaim Friday, September 30, 2016, "Oktoberfest", and Saturday, October 1, 2016, "Galaxiefest", Community Festivals in Apple Valley. SUMMARY: The Apple Valley Chamber of Commerce has offered to provide two events at Kelley Park: "Oktoberfest" on Friday, September 30, 2016, from 6:00 p.m. to 9:00 p.m. and "Galaxiefest" on Saturday, October 1, 2016, from 2:00 p.m. to 8:00 p.m. The attached proclamation declares the celebrations community festivals and encourages the citizens of Apple Valley to support and attend these family-friendly affairs. BACKGROUND: The public is invited to these family events. Food and beverages will be available for sale and musical entertainment will be provided. Kids' games and activities will also be available. BUDGET IMPACT: Estimated $500 value for City equipment and staff. ATTACHMENTS: Proclamation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, the City of Apple Valley is proud to provide cultural experiences for its residents; and WHEREAS, the Apple Valley Chamber of Commerce has offered to provide two events in Kelley Park: "Oktoberfest" on Friday, September 30, 2016, from 6:00 p.m. to 9:00 p.m. and "Galaxiefest" on Saturday, October 1, 2016, from 2:00 p.m. to 8:00 p.m.; and WHEREAS, the Apple Valley Chamber of Commerce,business community, and Parks and Recreation Department have joined together to develop these free events. NOW, THEREFORE BE IT RESOLVED, by the City Council of Apple Valley, Dakota County, Minnesota, that, September 30, 2016, is hereby proclaimed to be: "OKTOBERFEST" and that, October 1, 2016, is hereby proclaimed to be: "GALAXIEFEST" BE IT FURTHER RESOLVED, the City Council declares these events community festivals and encourages the citizens of Apple Valley to support and attend. PROCLAIMED this 22nd day of September, 2016. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 0000: ITEM: 5.13. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Regular Agenda Description: Valley Oaks Dental (Southeast Corner of Granada Drive and 146th Street W.) Staff Contact: Department/ Division: Kathy Bodmer,AICP, Planner Community Development Department Applicant: Project Number: Wichmann Properties, Roopnarine and Annie Boodoo, and PC16-26-ZSFB JJAM Properties Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: 1. Hold public hearing to consider vacation of easements on Lots 1, 2, and 3, Block 3, Valley Commercial Park 2nd Addition and Lot 1, Block 1, Northrup Conklin Addition (Preliminary Platted as Valley Oaks). 2. Adopt Resolution Completing Vacation of Easements on Lots 1 and 2, and 3, Block 3, Valley Commercial Park 2nd Addition and Lot 1, Block 1, Northrup Conklin Addition Preliminary Platted as Valley Oaks). 3. Adopt Resolution Approving Final Plat, Development Agreement and Infiltration Maintenance Agreement for Lot 1, Block 1 Valley Oaks (14600 Granada Drive) and authorize Mayor and City Clerk to execute all documents, subject to final changes as approved by the City Administrator and City Attorney. SUMMARY: The petitioner, Wichmann Properties, and property owners, Highstone Limited Partnership, JJAM Properties and Roopnarine and Annie Boodoo, request consideration of a final plat, development agreement and maintenance agreement that would allow for construction of a 4,300 sq. ft. dental office on the southeast comer of Granada Drive and 146th Street W. The Valley Oaks Dental project received its preliminary approvals at the City Council's August 25, 2016, meeting. Final Plat Valley Oaks: The plat is a replat of three existing lots of record. Lots 1 and 2, Block 3, Valley Commercial Park 2nd Addition are combined into a single lot. The existing shared lot line between Lot 2, Block 3, Valley Commercial Park 2nd and Lot 1, Block 1 Northrup Conklin Addition is shifted approximately 10' to the west. The final plat is consistent with the preliminary plat. Vacation: The vacation is requested to vacate all of the easements on the three existing lots which will then be dedicated with the new plat of Valley Oaks. The vacation is needed for the shifted lot line. The City has received no objections from utility companies or public works related to the requested vacation, Final Plat, Development Agreement and Maintenance Agreement: The development agreement is executed with the current owners of Lot 1, Block 1 Valley Oaks. No public project is required because all streets and utilities are already available to the site. Park dedication is not applicable for a replat. Storm dedication will be satisfied with the construction and maintenance of an on-site infiltration basin. The Maintenance Agreement ensures the long-term functioning and maintenance of the infiltration basin. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution Resolution Resolution Agreement Agreement Site Plan Elevations Presentation CITY OF APPLE VALLEY RESOLUTION NO. 2016 - A RESOLUTION VACATING PUBLIC GROUNDS WHEREAS, pursuant to the requirements of Minnesota Statutes Chapter 412.851, the City Council of Apple Valley held a public hearing on September 22, 2016, with respect to the vacation of certain public grounds described in the attached Notice of Completion of Public Grounds, and WHEREAS, it appears it will be in the best interest of the City of Apple Valley and the public to vacate said grounds as such grounds are no longer needed to serve a public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,Dakota County,Minnesota, that: 1. The vacation of the public grounds described in the Notice of Completion of Vacation of Public Grounds, attached, is hereby approved. 2. The City Clerk shall present said Notice of Completion of Vacation of Public Grounds to the County Auditor and County Surveyor and then file a copy with the County Recorder pursuant to law. ADOPTED this 22nd day of September,2016. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk NOTICE OF COMPLETION OF VACATION OF PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY,DAKOTA COUNTY,MINNESOTA TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that pursuant to the resolution of the City Council on September 22, 2016, the City Council of the City of Apple Valley, Dakota County, Minnesota, passed a resolution vacating the following described public grounds in Apple Valley,to-wit: All of the drainage and utility easements within Lots 1,2, and 3, Block 3, as dedicated on the recorded plat of VALLEY COMMERCIAL PARK 2ND ADDITION, Dakota County, Minnesota. AND All of the drainage and utility easements within Lot 1, Block I, as dedicated on the recorded plat of NORTHRUP CONKLIN ADDITION, Dakota County, Minnesota. Notice is further given that the vacation proceedings were completed by the City Council on the 22nd day of September, 2016. A copy of the Resolution of Vacation of Public Grounds is attached hereto as Exhibit A and incorporated herein. IN WITNESS WHEREOF, I have set my hand this 22nd day of September, 2016, as Clerk of the City of Apple Valley, Dakota County, Minnesota. (SEAL) Pamela J. Gackstetter, City Clerk STATE OF MINNESOTA ) ss. On this day of , 20 , before me a notary public within and for Dakota County, Minnesota, personally appeared Pamela J. Gackstetter, City Clerk of the City of Apple Valley, Dakota County, Minnesota, known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed with the authorization and under the direction of the City Council of the City of Apple Valley, Dakota County, Minnesota. Notary Public This document drafted by: Pamela J. Gackstetter, City Clerk City of Apple Valley 7100 West 147th Street Apple Valley,Minnesota 55124 CITY OF APPLE VALLEY RESOLUTION NO. 2016-161 FINAL PLAT, DEVELOPMENT AGREEMENT AND INFILTRATION BASIN MAINTENANCE AGREEMENT APPROVAL VALLEY OAKS WHEREAS,pursuant to Minnesota Statutes 462.358,the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS,pursuant to Chapter 153 of the City Code, a subdivision agreement between the applicant and the City detailing the installation of the required improvements in the subdivision and the method of payment therefore has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the subdivision agreement, final plat and infiltration maintenance agreement for the following described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same, to wit: VALLEY OAKS BE IT FURTHER RESOLVED,pursuant to Chapter 153 of the City Code,that said plat shall be filed with the Dakota County Recorder within sixty(60) days of the certified release from the City offices or such approval shall be null and void. ADOPTED this 22nd day of September, 2016. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CERTIFICATE As Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council and the final plat described therein is hereby released for recording with the Dakota County Recorder this day of , Pamela J. Gackstetter, City Clerk DEVELOPMENT AGREEMENT Between ROOPNARINE AND ANNIE BOODOO And CITY OF APPLE VALLEY For VALLEY OAKS AGREEMENT WHEREAS, the City of Apple Valley, Dakota County, Minnesota, (the "City"), has been requested by Roopnarine Boodoo and Annie Boodoo, husband and wife (the "Developer") to approve for recording the following described plat: The plat of Valley Oaks; and WHEREAS, Developer intends to develop the real property legally described on the plat (the "Property") as two (2) lots; and WHEREAS, pursuant to City Ordinances, the Planning Commission held a public hearing with reference to the application for approval of the plat on August 3, 2016; and WHEREAS, the Planning Commission recommended its approval on August 3, 2016; and WHEREAS, the City Council approved the preliminary plat on August 25, 2016; NOW, THEREFORE, in consideration of the mutual agreements of the parties, it is hereby agreed by and between the parties as follows: 1. Subject to the terms and conditions of this Agreement, the City hereby approves for recording the plat known as Valley Oaks, as shown and noted on Exhibit "A" attached hereto. 2. This Plat is governed by the terms and conditions of the City's Zoning Ordinance (the "Ordinance"). Any use or development of the Plat shall be in accordance with the provisions of the Ordinance. 3. The municipal improvements serving the Plat shall be maintained as follows: A. The City shall only be responsible for maintenance of sanitary sewer lines having a pipe equal to or greater than eight inches in diameter and located within public right-of-way or utility easements. Maintenance of service and lateral lines shall be in accordance with City Policy 2.03 Water and Sanitary Sewer Service Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010-144. B. The City shall only be responsible for the maintenance of water lines having a pipe equal to or greater than six inches in diameter and located within public right-of-way or utility easements. Maintenance of service and lateral lines 1 shall be in accordance with City Policy 2.03 Water and Sanitary Sewer Service Maintenance and Repair Policy Adopted July 8, 2010, per Resolution 2010-144. C. The storm sewer improvements shall be owned and maintained by the City and shall be located entirely within public right-of-way or dedicated public easements. 4. The Developer shall comply with the conditions of preliminary plat approval set forth in City of Apple Valley Resolution No. 2016-149, a copy of which is attached hereto as Exhibit `B"and incorporated herein. 5. The Developer shall comply with the conditions of building permit authorization set forth in City of Apple Valley Resolution No. 2016-150, a copy of which is attached hereto as Exhibit "C"and incorporated herein. 6. Subject to the provisions hereunder, the Developer shall grade and install improvements within Lot 1, in accordance with and under the following conditions: A. To complete all improvements in conformance with the plans and specifications submitted by the Developer and approved by the City ("Plans"), including but not limited to the following plans prepared by Cara Otto, Otto Associates, dated August 15, 2016 (except as noted below), and any subsequent revisions as required by the City Engineer: Exhibit D Sheet C2.0 Site Plan & Utility Plan Exhibit E Sheet C3.0 Grading Plan Exhibit F Sheet L1.0 Landscape Plan (prepared by Markell Laberee Design Group dated February 25, 2016) B. To install connections to municipal utilities and street improvements as provided in the Plans set forth in Section 6 (A). C. To construct and/or repair sidewalk(s) and driveways with concrete or bituminous material in accordance with City construction standards. D. To seal or cause to be sealed all existing wells on the Property in accordance with State, County and local laws. E. To install a protective box and cover over each sewer cleanout and water shutoff, to City specifications. 2 F. To install all lot monuments upon or before May 31, 2017. G. To install and maintain all materials (trees, shrubs and sod) identified in the City approved landscape plan. H. The Developer agrees to comply with all requirements of the Natural Resources management regulations as set forth in Chapter 152 of the Apple Valley City Code prior to, during and after the development of the Property. The Developer further agrees to submit to the City for its approval, a Natural Resources Management Plan prior to any construction or land-disturbing activity in connection with the development of the Property. The Developer shall implement and comply with all terms and conditions of the approved Plan prior to and during any construction or land-disturbing activity, including, but not limited to, maintaining the performance security required in Chapter 152 of the Apple Valley City Code. I. To install erosion control measures in accordance with the approved Natural Resources Management Plan. J. To install each item noted in this Section 6 at the Developer's sole cost and expense, in accordance with all plans reviewed and approved by the City. K. To attend a preconstruction meeting with representatives of the City and to require the attendance of all contractors and subcontractors, prior to commencement of construction. L. Developer will not bury any pipe nor install bituminous surface nor pour concrete pursuant to implementing the Plans, without the specific approval of the City Inspector,prior to the work being performed. M. All "on-site" inspections by the City will be done at the sole cost and expense of Developer, by persons supplied by the City. N. The Developer shall repair any and all damage to City streets, curbs, gutters, utilities and other municipal improvements caused by or resulting from the development of the Property, at the Developer's sole cost and expense. O. To deliver and to keep in existence with the City, a letter of credit or cash escrow in the amount of$75,000.00 ("Financial Guaranty") to secure the performance and payment of the Developer's construction obligations under this Agreement as they relate to the improvements designated by the City in accordance with the provisions of Section 6 herein, in a form and with terms to the sole satisfaction of the City, until all the construction obligations are fulfilled. 3 Upon the issuance of a final certificate of occupancy for Lot 1, a written request may be made to obtain a release of the Financial Guaranty. At the time of final inspection of all improvements, if it is determined by the City that the City approved plans and specifications were not strictly adhered to or that work was done without City inspection,the City may retain or require Developer to post, an amount equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as is necessary to complete the improvement(s) in accordance with the approved plans and specifications. P. To pay the City's reasonable costs related to the Property and this Agreement, including but not limited to administration, engineering, legal fees, inspection and enforcement. The City shall submit invoices to the Developer with detailed descriptions of the services rendered by the City in accordance with this Agreement. The Developer shall deposit the sum of$3,500.00 with the City toward payment of the City's reasonable costs. If the City's reasonable costs exceed the deposit, Developer agrees to reimburse the City within thirty (30) days of billing. Should the costs be less than the amount of the deposit, upon completion of the improvements, the amount remaining on deposit shall be returned to the Developer. Q. That any material violation of the terms of this Agreement and in particular this section, shall allow the City to stop and enjoin all construction in the Property until authorization to proceed is given by the City. The Developer agrees to hold the City harmless from any damages, causes of action, or claims related to the construction being stopped by the City. 7. The Developer agrees to install all utilities underground in the Property, specifically including electrical, telephone, cable television and gas services. The Developer hereby represents that all utility services will be available for a building prior to occupancy of any dwelling in that respective building. 8. No occupancy of any building in the Property shall occur until water, sanitary sewer, and a paved driving surface are available for use to that building. 9. Prior to the release of the plat for recording, the Developer shall: A. Deliver to the City the Financial Guaranty(Section 60). B. Deposit the funds to the City(Section 6P). 4 10. In addition to the trunk charges noted herein, upon submission of a building permit application, the Developer agrees to pay the City for the public services furnished to the Property, in an amount as determined below upon the basis of units (per building) as determined by the City Engineer, which amount shall be paid in the following manner: A. Sewer Availability Charge - The rate per unit is based on the year in which the building permit is issued (presently $2,811.00 per unit - $2,485.00 Metro and $326.00 City). The person who applies for a building permit shall pay, at the time of the issuance of the permit, an amount equal to the rate times the number of units. This fee is subject to change if the obligation of the City to the Metropolitan Waste Control Commission changes. B. Water System, Supply and Storage Charge - The rate per unit is based on the year in which the building permit is issued (presently $886.00 per unit). The person who applies for a building permit shall pay, at the time of the issuance of the permit, an amount equal to the rate times the number of units. 11. The parties mutually recognize and agree that park dedication requirements as provided in Chapter 153 of the City Code, are inapplicable to the plat. 12. The parties mutually recognize and agree that storm water pond dedication requirements, as provided in Chapter 153 of the City Code, shall be satisfied by dedication of drainage and utility easements on the plat, construction of stormwater pond and infiltration basin and execution of a Stormwater Pond Infiltration Basin Construction and Maintenance Agreement in the form attached hereto as Exhibit "G". The Developer shall execute and record the Agreement with the plat. 13. The Developer agrees to provide the City with as-built surveys for any building constructed within the Property, prior to the issuance of the Certificate of Occupancy for that building. 5 14. The Developer agrees to reimburse the City for all engineering, administrative and legal costs and expenses incurred by the City in connection with this Agreement or the enforcement thereof. 15. The Developer shall deliver to the City copies of the recorded documents to evidence that the Developer has complied with its recording obligations under this Agreement. 16. The Developer hereby specifically releases the members of the City Council from any personal liability in connection with handling funds pursuant to the terms of this Agreement, and further agrees to indemnify and hold the members of the City Council harmless from any claim, of any and every nature whatsoever, as a result of this Agreement, the plat and the development of the Property. 17. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Property and shall be binding upon the respective heirs, administrators, successors and assigns of the Developer. IN WITNESS WHEREOF, the parties have hereunto set their hands. DEVELOPER: By: Roopnarine Boodoo By: Annie Boodoo 6 CITY OF APPLE VALLEY By: Mary Hamann-Roland Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Roopnarine Boodoo and Annie Boodoo, husband and wife, the Developers, to me personally known. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this _ day of , 2016, before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 MGD/lmd (66-37171) 7 LEGEND Q N 1012 - denotes Existing Contour Q O PRELIMINARY PLAT OF VALLEY OAKS 10 12.00 X denotes Existing Spot Devotion denotes Soil Boring (By Others) A E denotes Underground Electrical Line � d, � � Nt/I/j - �/ FO denotes Underground Fiber Optic Coble � �J � \ / I` O V/ </ 1 SS denotes Sanitary Sewer Line -Q APPLE �- APPLE VALLEY AMERICAN N T '4_ 1 j//�^ / 1--"-LEGION POST 1776 ST denotes Storm Sewer Line N Y li / 14521 GRANADA DRIVE C / -� � / / APPLE VALLEY, MN 55124 w denotes Wotermoin A-2 iz 14-,Z11 60 T WV denotes Underground Telephone Line O O O 0 20 40 �/ / / n / 1 denotes Water Valve C C Feet / V/ denotes Hydrant a tQ) U ESrlsting CB l (� 1 i\�' ' tiv� TOTAL AREA = 81,635.65 S.F. (1.87 ACRES) Rim=9� _Existing CB /l l) J 0 denotes Ballard o SrRim=953.69 �� \'\ t1 \ ^ ^1 � \ n denotes Sign -Existing CB denotes Telephone Pedestal Rim=95 .76Vicinity Map _Existing CB denotes Deciduous Tree Rim-953.57 OU N � N c� l denotes Coniferous Tree O N N CARAVAN MANUFACTURING, LLC 5q.1Y� 7661 146TH STREET WEST APPLE VALLEY, MN 55124 959 denotes building setback (30' street, N 145TH.ST=w. SUPER LOCK-APPLE VALLEY +,. Sg PROPERTIES, LLC f q� San. MH 9 15' along side & reor) O O N /Rim=954.74 \ W g54- 953.96 953.96 14541 GLENDA DR/VE IZI M j� Existing CB _ t�W \ APPLE VALLEY, MN 55124 c`F NO Scale \ Rim=953.79 \.\ l SS W �� 6" O/ 95386 c 29 n f \ San. H $$ \ W 9s .g g 59 26 90 66 5 1 WD o �}Ly \ E.nln v.5 9441.01 W W I 8 p a� . . 95 5� g2 52 52 6 z 9 �, v S$ / �Conc:�A r O a $ S. l�iv=943.97 �. Existing Storm MH $$ �� W 952 ��-. 6, -Rim=954.29 S� = 146 r,,, `\ Inv.=944.55 - W II. Q c u„rLF ,4S-H s J ST ` 8618 Cur Son. MH 953_ U O c a Benchmark: /y / s� / / b & Gut �>� $ W -Rim=953.81 U Uj .............. .............. \ 54 ter_... S l T.N.H. v Q 954 PROPERTY _ _. W c / \, cp -`� w w w \ w w �w w w 1 cn LOCAT/ON - / / E/evotion=956.84-� ' j� SS Ffacoton / - ^- - $$ / (n C /\ \/ (N.G.V.D. 1929) / 954.54 9� \ oe� C.t /' / � ` �� �� S$ / Edge of Bituminous-. e -8618 Curb & Gutter o v S$ / SrR ,\ y rec rd �6" DIP Water Service C, C, L SS SS SS SS SS p SS SS SS �' Lo 147TH Sr W / 954.37 7° p/ons 0 I A / co s / \ �� J j Son. MH Bituminous V V . �..-Rim=954.41 Road Son. MH j 53 N I \/ Existing CB j $T f 9 j a Il j ;•� SS Inv. 944.45 /. -Rim=953.61 T a _ \ Rim=954.26 4- �� _ a \\ Inv. 946.30 / j�.� 553??" �� -"L ST �-� h Inv.=944.77 �.•-C�& Guffer l p� ST 5� I _953 / 1� l o ; 0 0 6 Edge of Bituminous C / \ •OS STS v - �!/ s 1 0 s R 5 ,4erHsrw \ pb �/1 *5 - • d=17• " ST "�' c? 1. r�. �. �' on property line N72797"W' 19'41 _ ST T 9 h h s g h 1 149TH 5T W �\ \ J 1•- c.� 10.82 L-167,85�R=5$4 _ SS�--- 954 - Con`s 9> Fj n 9s Conc. Apron;. Cons. Apr -.46 �\ X \ . , / / �_ \ 97 _ 3 __ 953 - 46 d=10'24 SS Sq¢� -QS3g2 29 N89 55'03"W 174.05 953- / GLAZIER AVE /' \ \` / X`9S X955.34 _ _ _ _ �g55 X35" L=100.83 _ -- �\,, o� S6O �6 _ --- / i 4. ` _Set pk noir o -954- os 953 %. J 955' 954 3 / j f o O X 8'ELM _ /• j �` a� n '� ((D: X954.2 •o /y�+ -FRON IAGL RD # Q O 9'J - COUNTY ROAD a2 J / Q �y a� / 1 L 9'BOX X 955.53 i • j-�- -llZ ' - -Ql B-ABhI- - - - -o w- - - - - - - - - - - W �956� I I d=101'44 I V m o m L ' ro Il r' L 8";P R I L=9.97 9eRk I rn 3 c� 953 2'E '� � ' I X953.300 16'POPLAR I �...-. ` 955-17PLRo�ks� U�. _g55 �j� �`'� f3ocks 9s` Ssr PENNOCK ENTERPRISES, LLC i / X956.32 16'POPLAR �� \ WADDRESS UNASSIGNED I 'APPLE VALLEYMN 55124 h �' / °G4�nc: Sidewolk X954. pa� 14'POPL 241 / �5 Conc: Sidewol%..1l ELM Curb &a 41P � X955.90 FF=955.49-` Gutter �, IDRA/NAGE AND UTILITY EASEMENTS ARE SHOWN THUS• / SB HG S I I 'Z l 953.69 956. 550 X955.5 956- - X956.10 w FF=955.49-''5 �I / � mus Lot O o 955.13 / o / \ 015"ELM Q f~5 ` ov 954 / / 6 ,/ SBS.815 ,L. I °o i I I X953.86 N � Gi .c 88 \ I O X954.72 y v I oI U 12"ELM I WIC j\ I Ga I J ° , \ 1 I ' Meer I 1 I 0/ \ / 3 a I I 1...954/ O \ / / 12"CEDAR I I Edge of Bituminous-<'--...I I \ \ l / / \ I ° \ �Elec' I I V C W PROPERTIES, INC. r % G' / h� Box I 10750 WASHBURN AVE. S. V X BE/NG 10 FEET /N WIDTH, UNLESS OTHERWISE INDICATED, \ l / �� I / ` I I _ I oh \: �... I APPLE VALLEY, MN 55124 m W AND ADJOIN/NG RIGHT-OF-WAY LINES, AND BE/NG 5 FEET IN I / r / X955.38 WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOIN/NG L O T 1 ` l l C� . 55.29 / / I I LINES, AS SHOWN ON THE PLAT. L I I / / X955.36 X955.76 I \ X954 88 I I J m C -Ij / �� / / 0 16"ELM 955 g3 '� 1 (� 1 �1 I v) h�q ° / I m 954.i2 I � b / 1 955.456 �, \ I m I ; o Area = 35,874,O1 S.F. j �, o I L p Son. MH l / �� l SB HG TS �\ p I Im / V/ / ) T 9SS�s X 955.22 I I I N� Rim=955.48 l / Areo = 45,761.64 S.F. \ I A I X / / / 1 955.23 r I �� 954.38 955.281 / X 955.80 / 14 L I 2 I LO I r/ , i IZ o LQ ppm' r (n -� / X955.52 I I S 9 5.902 Existing Building / I I ? t J / f / FF=455.42- 1 m N 32 I I r--FF=955.36 X 955.59 S X 956.20 955.54 95 a / \ / I I 14 2 V s� 954.61 ,- � �f ...+...-....55. 19.7.. .. L O I `� I �h� I I I 9 -X 955.04 I 956.402 /1 /, m 7'ELM O Conc. Pods- \ -Dec. Box / I Lo °' I / -7- 11 11 ELM X955.50 SB HG TS % '/ S I\ I`� I ! 955- I rn 954,59 �/ T/� O O � i - I l 955.607& �vj� 0 I h� X 955.14 X 955.12 I I �..._ / e956.6 --� h6 7I EL I X555.CU I i'' I I V >; O M 956.60 O^ ci X 954.86 i 1 I ' ,,-`. O \ / 1 e / I I / \ \ f Bt I X 5432 10'ELA�I / --Edge o i uminous�.:' I � Q �tif X956.14 _..._. I j 9 � �, O di �• �h6 110'ELM 1�f 6'ELM 14" LM X956.74 X9579 Bituminous Lot I I m N \ I I I o � o 3 .! O SOUTH METRO REAL ESTATE, LLC N tII I 955.34 X i\ \ 9" OXELDER ADDRESS UNASSIGNED APPLE VALLEY, MN 55124 60 "� F 6 6'ELM I 5 F \ / 1 I- _� 0 - FO FO FO FO � �9'POPLAR / X95728 8'BOI EL ER I I _T1�sh Enclosure sIs ^ I � \ Q O 1 l h N C Q C Television Pedestal- E E E J E- h / I '' -955- \ °� i p U Z 10" ELM O d 7"ELM - - �6' I 10•h - - 956- X956 955- 1,11 O Q • _ Small Trees � E � � °� 1 ,U ,U / - - 955.86 O 243.15 h - - -7'ELM X9 ! - - 183.92_ _ -957 - - �� i J O J n _ 2 '� - 5 - - ��2 EXHIBIT B CITY OF APPLE VALLEY RESOLUTION NO. 2016-149 PRELIMINARY PLAT APPROVAL VALLEY OAKS ADDITION WHEREAS,pursuant to Minnesota Statutes 462,358,the City of Apple Valley adopted, as Chapter 153 of the City Code, regulations to control the subdivision of land within its borders; and WHEREAS,pursuant to Chapter 153 of the City Code,the City Planning Commission held a public hearing on an application for subdivision of land by plat on August 3,2016; and WHEREAS,the City Planning Commission reviewed the preliminary plat for conformance with the standards of Chapter 153 of the City Code and made a recommendation regarding its approval on August 3,2016, subject to conditions, NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple . Valley, Dakota County, Minnesota,that the preliminary plat for the following described plat of land is hereby approved for a two year period,to wit: VALLEY OAKS BE IT FURTHER RESOLVED,pursuant to Chapter 153 of the City Code,that said preliminary plat approval is subject to the following conditions,which shall be incorporated into a development agreement to be considered for approval at the time of submission of the request for final plat approval: 1. The plat shall be configured to have two (2)lots and no outlots. 2. Park dedication requirements are based upon the City's finding that the subdivision will create 12.9 person-residents that will generate a need for 0.03 acres of parkland in accordance with adopted City standards for park services. 3. This required dedication shall be satisfied by a cash-in-lieu of land contribution based on 0.03 acres of needed land area at a benchmark land value of$265,000 per acre,which the City reasonably determines that it will need to expend to acquire land elsewhere in order to provide the necessary park services as a result of this subdivision. 4. Stormwater pond dedication requirements shall be satisfied by the dedication of drainage and utility easements,construction of an infiltration basin, and execution of an infiltration basin construction and maintenance agreement in accordance with adopted City standards for storm water management. 5. Dedication on the final plat of a ten foot(10') wide easement for drainage, utilities,and street lights along the entire perimeter of the lots within the plat wherever abutting public road right-of-ways. 6. Dedication on the final plat of a five foot(5)wide drainage and utility easement along all conunon lot lines. 7. Installation of municipal sanitary sewer, water, storm sewer, and street improvements as necessary to serve the plat,constructed in accordance with adopted City standards, including the acquisition of any necessary easements outside the boundaries of the plat which are needed to install connections to said necessary improvements. 8. Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies,to consist of six foot(6)wide concrete sidewalks along Granada Drive and 1461h Street West. 9. Sidewalk shall be installed from the perimeter sidewalks to the building on Lot 1,Block 1 Valley Oaks(as preliminary platted)to provide pedestrian access from 146th Street West and Granada Drive to the building. 10. The City receives a hold harmless agreement in favor of the City as drafted by the City Attorney and incorporated into the development agreement. ADOPTED this 25th day of August,2016. )U111 10"171a7C4-04 Maieafoland,/mayor7 ATTEST: Pamela J. G4stett6r, City Clerk CERTIFICATE 1,Pamela Gackstetter,Apple Valley City Clerk,hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on August 25, 2016,the original of which is in my possession, dated this day of , 20 Pamela J. Gackstetter,City Clerk 2 0 EXHIBIT C CITY OF APPLE VALLEY RESOLUTION NO, 2016-150 A RESOLUTION AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR VALLEY OAKS DENTAL AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462,357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances,zoiung regulations to control land uses throughout the City; and WHEREAS,said regulations provide that issuance of a building permit for commercial, industrial,and.multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, approval of such a building permit issuance has been requested for the above referenced project;and WHEREAS,the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on August 3,2016. NOW;THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota, that the issuance of a building permit for Valley Oaks Dental is hereby authorized, subject to the following conditions; 1. The Building Permit is conditioned upon the approval of the rezoning of the property from"GB" (General Business)to "RB"(Retail Business). 2. The Building Permit is conditioned upon the approval of the Valley Oaks preliminary plat, final plat and execution of a development agreement, 3. If the Building Permit is not paid for and issued within one(1)year of the date of approval, the approval shall lapse. 4. The Building Permit shall be applicable to property identified as Lot 1, Block 1 Valley Oaks (as preliminary platted). 5. Construction shall occur in conformance with the site and utility plan dated August 15,2016, including parking lot paving and a non-surinountable concrete curb and gutter around the entire perimeter with a minimum driveway approach radius of 15' at each public street, and a valley gutter at the edge of the street pavement, subject to the following; a, The infiltration basin shall be revised in accordance with the City Engineer's memo of July 28, 2016, b. The owner shall execute a storm water infiltration basin installation and maintenance agreement to be filed with the deed that ensures the perpetual maintenance of the infiltration basin. C. Final plans shall be revised in accordance with the City Engineer's memo of July 28,2016,and are subject to his final review and approval. 6. Construction shall occur in conformance with the landscape plan dated June 30, 2016, including sodded/seeded public boulevard area up to each street curbline; subject to submission of a nursery bid list that confirms that the landscape plantings meet or exceed 2-1/2%of the value of the construction of the building. 7. Construction shall occur in conformance with the elevation plan received in City Offices on July 6,2016. 8. The owner shall install a bike rack that allows for the outside secure parking of bicycles. 9. Site grading shall occur in conformance with aNatural Resources Management Plan(NRMP)which shall include final grading plan to be submitted for review and approval by the City Engineer; subject to the applicant submitting a copy of the General Storm Water Permit approval,if required, from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000-7100.1100 regarding the State NPDES Permit prior to commencement of grading activity. 10. Any site lighting shall consist of downcast,shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. The lighting plan shall be reviewed and approved by the planner prior to issuance of the building permit. 11. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the installation of any signs. 12. Construction shall be limited to the hours of 7:00 a.m.to 7A0 P.m.Monday through Friday, Weekend construction hours shall be limited to Saturdays from 8:00 a.m,to 5:00 p.m. 13. Earthmoving activities shall not occur when wind velocity exceeds thirty(30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 14. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding 2 conditions as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125%of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline,with the cost of such City completion to be charged against the financial guarantee, 15. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding, No alteration,removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City, Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official,and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal; and ADOPTED this 25th-day of August,2016. dL. Many am n� o d,Mayor ATTEST: Pamela J. Ga,l tett r, City Cleric CERTIFICATE I, Pamela J, Gaekstetter, Apple Valley City Cleric, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on August 25, 2016,the original of which is in my possession, dated this day of ,20_ Pamela J, Gackstetter, City Clerk 3 EXHIBIT D m N • C Z O O CIO) m 0 'Lin \ w w w w w w w \ / a a o 6,8 c O • cc- ao SS SS SS o SS SS SS SS ��b j l � CUff l e� .yL O Bituminous Rood O 111 REMOVE EXIST CURB & GUTV' R LO } \ 2 coj / AS NECESSARY TO INSTALL gONC. VALLEY GUTTER p N / �? 71 / �k O 6 cN n 6, \ o I mZZ S \ Ile O / a9� S j M p � SS II II Cn Z 15.40 — — \6•L, \ \ °° oo S of 0 3 � I � / � \ O SiOF� \ �• \ c �x S O � / I \ ql� \ \% I 3 in• � ay to i I w \ w"@ `Oo rnw n 44 c) cn o .......... L W I I I C I19-... \ \ Ov �•. a j S NS Ln :,; D o =Mz �, I IA �, j o I = / o� ��� Sr AG7pm Ln M —[*�� .—...—.�.—...—...—87.38—...—...—. o N �: J 3 3co 0 0M cn \^� I 2 n of O m N c z vc, I cnm I y �� a p..._..• a 2 O / b \ {���� �� SS / V' ° Q\ A / I-"c� o o z m I o a r �1 cn o C) y a m I °° c `+ dc, �a a '�. v�"i o, v c° mN� I I I � � I 70 z� I e 955 ` rn o z o I =19 ° . cn o >� c j o gz� I l n C W \ zM z :' Lila 4 I y 0 �� / M o o � � I I �� o /� �\ / v, QD a xo - I �� / , rnn v M o c C7 ADD .• i' /'. �... _� r' M I I I I o — _ _ _ j cn i vii M _ It I z >c °moo I I — —..._...—52--..—..:�... —... ° I 61,66 1664... LO 3 3 0 �.. _ II o -../....... ...... `T' I I I O I y I I ( �.. �z U4 i j G�A v � I I " n y c�,� ;;F LA c —... �� \ o M n 5.35 / � I � Z � W rn o u `U C Q C) l `� - - - - - - - - - - - J ^moi a I o c sty I I I I N I I a I,p ' o � CA zs CQ iL 1.81 I I II � � � I I � I � — I — — J Iry �•"�. �.. a . ` - - - - - -•L I Q 3 b I O ^(A � U, O / v � o o a N00'46'0 1 E 195.09 �" Z w NS C-h m5 N W� cn \..\ —p- - - - - - - - - - - - - - = - - - - - - - - - - - - - - CNS 1 -...— II 2 I .I ti Edge of Bituminous-'i . O I a 3•o y O cObn IBituminous Drive 1 v I z Gos Meter-... a p c y �rn ". ° I I o 28.9 r cn2 a � a V I I J I I O �' Croiic. idewolk 4� N / / I D "1 I N � Conc�" Sicjew"Ik..` a 1; i c I �I I �n r O O n r { N N rn � O z Ln Ln < D G) X ILn � N I r. D ^ 0 w D O rn N �— O m Fr_ D I r '' ��� r u=, D r r Q D r L N _ ._ r c1�1�7 R1 O1 Z n O I ^. .r °m° O N c v co O N v rn W 4 Cn w ii N m M N Z m 1 � 1 T V' r _ _ ' Z I r:. :r r r f r� Q p Cn 0 z0 � p Ln 0 C D eQ I� I r . ^.. m C C VI) N m Q CN Z ` ) r v CD 0 p CD cc)) W 0 Z f T1 X 0 ,� "y r 0 —I sc)D N cDn con rn —� C n —I o v O v o -� m Z (n D CD �� r �6"��_ M > m m 0 M m m 0 > .+ z Mr y 131/2, < ca cv D co N n m cn X co m m � C m M 0 Dcn Na, z m z M o+ 1T1 z v v v v K O O .�? m z co Z rn rn o �0 00 "rn cn w N z zv •w0D• N m �' Ln w oc�� ac»ril On �c�oo� a O °Do n z o 200 y 0202� 0 '� D ado N yyU)2 � � :7d(/) ��� O z O W (12 a Zn36n �0022 avo z 0 rD Ln it 2 :70 _ Z n 00 co � F- C4 = �CLn 6" Imo- `O r- Ln rl1,n0~ 50 rn o � �, �' cc=roacao y y w N � 0 0rri ��D -UN z a nom' = O DMZ ;U :p ^12c)r'l z r,ovo = �o00 �� QO 1T1 01 _ 1 ° r O '10 � U) m 'm —I ° _ = n� _o�� +� � ti � w �� � w n n a cow � O D r*IN y O��Cnn ^1 n O n Q C O ZOO C omx � X nl � ° � n X00 ; oo � 00 zoo o I a 2 � � X002 zm�� � Cn a o �n"� yo v+ p a "1�0 0 o w � °o ' c - Z O 2 �� N c� zZz — o� U) � z z; �,°� � L 000� oo w � _ < �' n o n >(nC) N ° o ° it O�O '1 ° 2 \ � O n �rO O I C7 2 2 N D- °. n C ny ,�Ocn2 ^1 n n0 N Al > Azoz Ill ° o z � -_4 -U n oc w � II � � o o z a O >� rN� ° a � O v�iOr � O II Ori :.� CN C O 2 2 I I o �i °m° 0­10 � z ° r z v oo o s `� N n Ln U z z I I V o D r f12" o Cn "n z �, o ^� a a cn �, cN c ? I ^^ 1 M Z n n O 2 C n N r Ga "z n1 ` J mD>m � ° ° O Opo Al�� �O O n � � !' ^10 O O `I O � _ �0 ° ° 2 y �, o oo�, �n Z o cn '� rn a I I I Z,T, ,,, cn � .� = 2 O cn n O cn N O 4A O O n N "1 O n a vi n o � a r v o a o. o Q. Q. o. a a �+J O) D D �. '1 = r (� r C� �1 (/) (n G� O > j 3 3 3 j j nl o z omDr� r Z �° o . � � nen �� � � O v � o 0 0 0 0 0 0 0 D to D -� k O i1 n : O O 2 Cn co co co cu co cu rn co r m z O y y y C)") 2 y ti o� r'1 2 - cn cn cn cn cn cn y Z , 1 ' Z� o m D. ^ Z� -_4 Cl) p n cn C o ° 0 o o j y 0 M Z y O O iz = O '1 _ :7j Q 3' � cQu o O v X x r x U' ° ^~i O �v�ip C ? O O o Cb h o m m m m CD 13 m m n C N 0 I.� � � � cn 00 � _. `°° � � � m C7 -cn z -- co O n1 O n O n C cD ,. n No 0 z y 0 n 2 Cb CD -4 �1 v0 M O~ y C n1 U o II LA Z Cb T o /S\ � y N (n EXHIBIT E m N � z 0 o• o p y acna��jOc�W o nja��jC' 2c�j p��n�• ��y2 a O ono no� 2 � O c') OO Q, cUn \ \ ��nC���O 4 NO oW W W W W W \ \ \ \ �Xaaoa� 96 � Gra, Q'da �..— -•-`B6�8C w \ � ��p at�0 O S" SS O SS SS SS SS ,/ N crib _0 O ? � p r Bituminous Rood G f� I •� S \�' � 9 �' \ - 2a Zn�n t �� S \ \�s c,a � 02 �s mss 3'Q w tor1l P oR2� ?�?� 6 fY c . � 9S j SF ` l 4Y N 6 08 A k / / a n� oG� SS/ 6 dip \/. 9) — - SF \ 1\\ M SP to (JN O co 95E \ SF Fd91 w / \ (\ l 01- "J O 956 0) X r rn S6 \ 6 SS ��i ?� c�!� o = O `sS s�` \ <o \ N SS to co a C) rrl �n 4� .. --- - c� cc"r, oti <— C O II ti \ \' O to Z clo�'w o � � 1 �vn ��� �3 ZZ M X •. cao -�o ° map = ; �6 . U \ � � a ��� �n / co M ° Cn m �... �' �... �� ° Q�. v, y 2 Nm��� �...�•.� I m SSS '446 LF- RCP ® 0.52Z P rn ° ` � O Z3 To ' v �tsa� ON �' I 69s� ST. n n � On 'I I 6 -� o o O rncNi)Ln = l �' O / \\ I0 �/ i3 LO J � m Nin 3 / -' II oS/ 1 w 2 co a i 3 u' V \ zDD vCi / 4 �� I + II �zz I o ���� of (v., N� Nt°o �� _ - � / / / Ij�S le �o � �� 3 z D o0 �: I co i� cn / i p 0 r QP M — M / 3 I �-n f `tr W � �, / Q x nF D r Op �'M1�� (p e. 0 - I �S / I CN z m m y r �l/ °. Cn O r -0 N D 0 �, I r*I / Cn II o 0 / O M r O O cnQ O O �.. QTI c„o D 0 W 1, fl' U p tp � U N z N a ° v) Q �' (n cn pnp z c �' o Q^i v, -+o, v -� 0 rrl � I � X / �a �... cn / o, O Norm / i I 4 o 6,C) c„ 0 � O O ° o o W 17 I 9S6 / ° o \ � . / I b / / 0 z 0 v 1 G, Cb I I I 00 I lie o °�� 0 r rlF II , cb R7 I N-to to Lh X X 9 �' I ✓ I Q44 ,rn I I rn 100 / ^h I opo c0 o X I I � wv� N L - - - - - - - - - - - � iz is is is X �� � 43 � Cb co to c 3 to I�s� 9s, �� �°�, to to p I I �51 ONo tin u�'+ I I co � rn j �G,cO `.� I to cn I . �.. o w �ti I o f � l to I i C r O I ° � r r s 1 6 10 (.4 gs 9154 , cn O 4 rn Qo �_ 956-- - -- " 954, E R-1 �Q ctOn ctOn I ` ) j rev ' —Edge of Bituminous 0�. Bituminous 955.34 Drive ��s�.�.. /v � IL I 955.36X o o X Gos Meter- . to Ln Ln (Z y Gj G6r/C. � / ewdlk T1 't Cn �p R• I �N CID C I �' • rn Cn O S �� � t o C 9s p o w � I I Cb X �6 Ln Ln r O i' `� I ? y Conc,, Slr�ew�lk' , ' ' ' ' - °° ct°i, 60 r r `I rn Cn Cb — N o 6 \ o Q ..._/ � L I Z I a �, �' a l 6 - I `� rn rn N 01 I I o� o I Z r^ I \ 1 r• c� •�Cur� V J L �i6 I X X X o X Gut Bit.l Drive I .j I N I� N 0 o Cb T C* N � U Ate (,./ (nNjC)r- y � Z O n r � O rn N � � a y O - n O n O Q y 00 as Ca z —j � � oo � (� a �, � � o � oo O = N oC OO � � � �I � r -4 C) V) � r (nt� O � � O � � rp � M a = (nO � � � � �O c) Oj 2 U) Z '� a '' o (nOocnrl-) cnc 70 _ � o , I � � r c) rylW o m m m rNrl � (/) � O � � N � rnOO � (� O —0 a G_> N C .Z�7 �j Zp� Z � r- ® m C Z � pOI � p � y0 � 0 � I I cn cn l c`On ��„ ti o cn a � z :_:F p I I I I I I w w O D m � Z � x0 � = O 10 o a Q o 0 o a Q Q a Q Q a N N r0 N t� (� C 2 �*, z cb cn cn o co cu 0 cu 0 cb co r- o o O Z BIZ � opOc) _ o CD 0 0 0 0 0 0 0 0 0 0 0 I I G7 n O O O O ^i n u, n cn cn 0 cn n n n n n m o T y \ coa�D � 0 I Oz c) , � O `6 cu o 0 0 � k k O m O ~ O rj r 2Z r � C ^i � O O '� 3 0 0 0 (� Rj o rTiM ZOO N _ � 2 a ° o cn c O cru m zO � Z � cj2 r cin (b Z3 p (J) C) a o A vJ � y � r �. ' Q 0 0 0 0 T o 'C r rri I C) O w N M o') 4:1, EXHIBIT F Granada \ \ z m 71 W \ KZ -., ❑ ❑ ❑o ❑ p r D ❑ ❑ D ❑ \�� 95S \ Si33 r ❑ r ❑ ❑ m ^ 2 ❑ / u n p El❑ ❑ ❑ ❑ � \ I K \ - v ❑ ❑ a 0 I I I ❑ Q \ ❑ T Ll E] ❑ CL --j m D ❑ q ❑ ❑ L — D ❑ 0 y ❑ I 11 I \ I \ \ \ _ Q C D 2 m ❑ ❑ ❑ ❑ ❑ v r� ❑ `s G _U --1 ❑ ❑ ❑ � 4❑ ❑ ❑ r mq a m� Ej m - m om m� o ❑ � � � z ° my ❑ m �� 956 \ \ CD m DG7r m r -0m ❑ � ❑ om- � °1 =� m � n (D v ° nro m ® � ❑ o " 1 \ I • CL ❑ E mm I m r- ❑ �- D ❑El 0 m ❑ O Z /� ❑ w m E:] IL r71 0) , Cm ❑ ❑ 8 ❑ 8 ❑ � Z = �11 ❑ ❑ 4x Cz � z m ® ❑ I ❑ II \ \ ❑El El �m 4 ❑ � n� m ❑ ® rnCD c ' o �lo ❑ � o ° u � m❑ ❑ z ❑ ® m m M -1M [u; Zv_ v z m � D V I �_ D ❑ ❑ oEl m- � m Dv � Z El Boli ILII ❑ d� CD - ❑ ❑CL 1-1 ElkEl _< � C) m I �/ \ \ r � ® ❑ 4 -� D Wiz❑ p❑ Z ® v ❑ � <� Z ❑ D8 -C� D ❑ D r 1 1 oC ,' ❑ ❑ " rnv " � ❑ ❑ m 'm ms ❑ m ❑ � � n El> r❑ r—Ei ,--r r _/ \ ❑ ❑ r -D M ❑ x D ❑ ❑ D v Z 4 m ❑ Z \ V 4 � m4m m ❑ � pe - Ll y I- T 9 \ ❑❑ \ El ❑ � D Jo� 000 o ❑ ❑ o ❑ p ❑ ❑ moZ ® -i lD LJ s \ p CD m❑ m❑ o ❑ m I 6 o CD oD❑ oD H El � v z El \ El I ❑ \ 4 4 E:1 1:1 o k o o H o ❑ I /J I / I ❑ ❑ 0 957 J Q m �CID l--f -4 -1 --1 -3 i:L I \ El 0 L] El o o + + \ sT a q q N - � � ❑ N ❑ El ❑ y + + + �- I El CD El El CD a o E:1 + �+ + + + ❑ m m ❑ �_ II ❑ m + � + + + b- I El D c) + + / El E:1 + / ElCL AL Ll III 0 El El , ❑ o � � Ll VF— El I ❑ r ❑ l In I l + + + + + + + + + + _ r _D I I + + + + + + + + + E � " ❑ ❑ �i p� I / + + + + + + + + + + � II + + + + + + + a r J ❑ O "' O 0 El A o 0 0 a I ❑ 956 "* ❑ ❑ C 0 O I I E] e J r 0 ❑ "+ D I I Elr J r z ❑ r_ o n ❑ I I "+ E-1 ❑ L I v aoq�q �rDr ❑ -� 4 Z °�' o eD II ❑ 0 ❑ ❑ O 1 I m o ❑ � cbiz m�❑ z ® molill � DHn-0 I ❑ I t� M ❑ o® far- > 6; � ❑ L z x10 K 4El r 0❑ m�O❑ r� rr ❑� 0 3 r ❑ I I \ * * I o m -i El El L; � b.. M G_ ° 3 m ❑ ❑ rEl I 11 ❑ ® o r® a om El _ mmp ❑ s ❑ ❑ ❑ ❑ I I ❑ ❑ ❑ _ I ❑ ❑ �f� - - - I N I L - - - 'r \ F-10 0 ' r CD II ❑ El II II L — EI ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I o I ❑ I I I �� ❑ 0 0 D 0 0 0 0 0 0 - ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I �� 0 11 0 El El El v v d iv v d v vv = � V I I � V El 2 o❑ ❑ o❑ aCL❑ oCL❑ oCL❑ a❑ o ❑ °�' I II r ❑ I I I vaoQvaaaoaoavQv. o � o ❑� I ❑ — �' ❑ � ❑ �' ❑ � ❑ ❑ �' O �' ❑ ❑ N ❑ ❑ Z6 L — L - - - - - - - - - - — - - - - — � NEl N ❑ (D ❑ (D C (D ❑ (D ❑ (D III ❑ ICDI 6 1❑ (D II (D (D (D (D 'II ID fD (D I 1 1 ] ❑ M Do \ N CD N 1 1 � I \ � o o � 0 r ❑ D ® D ❑ j > 04 ❑ 1-1 D ❑ C) D ❑ D a Meter- ❑ - Q - a Q - CD = e 4 - N v - o m \ cn CCD R CD M Cv pl 4 PI E r o 4 D s v a B v o S S ❑ ❑ ❑ ❑ p y fl ® v 4 Q CL � F-1CL L-14 ❑ � �❑ z ❑r = v CD M ❑ Q4 Som El F-1 � Qo �' ❑ °' mm ❑ � a � � vCQ W CL _ �tj � ALL ❑W CL ❑ ❑ �_ N N Q �_ I� ®_ a ❑ o a 8 m r � — Ba ❑ ❑ Q � � ❑ o- `� Q ❑ rm mm 4 � � In H 71 CL CD ❑ ❑ � m CD ❑❑ B a o Qa a � CD o D � ❑ a ® 4 E] m D W v v W CD 4 m � 'v z z -13 a ❑ FT g ❑ a ❑ 8 a ❑ : a4 v 4 ❑ a ❑ -� � �n a � e a E ❑ ❑ B ❑ ❑ � • o z (Q �' 'a m r ❑ rn = W = DFa a sy `< ❑ Q ❑ Hv M Z ❑ 'k m m p6] CD ❑ ❑ ❑ m [] CD SU CD ❑ W 61 D f TI ❑ H ® z z 4 ❑ rn z o g ❑ Elo ❑ Ll Ll H 2- oW❑ o S p ISI m D a ❑� ❑ o o m 0 � ❑ CCD Ll H E� CL CDCD : v 1 4 ❑ j m c W CL Q a ❑ -1 C ❑ m CD CD E n ❑ ❑ Q 4 WQ Q Q R ❑ II o n CD z _ > m g � a CD vB v `D (D ❑ CANOPY DRIP-LINE CD H 8 ❑ m 8 m 9 aHF _ °S _0 9 z �- 60 � -a � � g ❑ Q (D v - m ❑ Q C1 q r- o 70 z 0 4 ❑ ❑ am v a o 8 4 v Q � CD a 4 -0 o Q El I ` Q _0 CD CD L1 an ❑ 04 a Q :3Bm r m ' < _ ❑ m D im MEl _ 0 4 zEl z ° ElEl Z E ' z 0 El m m D 6.. `tom r o❑i o ❑� T _ R? ❑ V o � L ❑ °� a CD •• 8 o CD ❑ ❑ m CD CD � 4 � ❑ Z L >- a � 7] 4 0 m m a El Q CL a ❑ a ❑ CL CD v m � � a CL 0 0 0 H 4 ❑ mCD m a �J f Ilk Li m IIII�IIIIIIII D q — z M ''III li I G D — I 7_ c ❑ ❑ ❑ n q❑q m °' ❑ o �o` � CD Q ❑ ❑ ❑ ❑ CD 4 El � 4 4 CD CD a � a n H q '0 CL CD a -5 a CD o ❑ H o NO. REVISION ISSUE DATE PREPARED FOR: PROJECT NAME/LOCATION: hereby certify me or undermy directhat this t an was prepared on and ru DEby IGNED: M . M A R K E LL that I am a duly registered LANDSCAPE L A B E R E E DESIGN ARCHITECT under the laws of the State DRAWN: M OTTO ASSOCIATES INC. VALLEY OAKS DENTAL of Minnesota. GROUP L 1 Lee Markell E CELENT —D AVEn 1 CHECKED: LM Landscape Plan NORTH 1222MN-2_°- Date: 2-25-2016 A 2 7 1 DATE: 2 1 STORMWATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT This Agreement is made by and between Roopnarine Boodoo and Annie Boodoo, husband and wife (the "Owner"), and the City of Apple Valley, a Minnesota municipal corporation(the "City"). The Owner and the City shall jointly be referred to as the "Parties." WHEREAS, the Owner is the fee owner of real property legally described as follows: Lot 1, Block 1, Valley Oaks (the "Property"). WHEREAS, on August 25, 2016, the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council's Resolution No. 2016-150, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan (the "Site Plan"), and in conformance with City Code. The Site Plan is attached hereto as Exhibit "A" and incorporated herein. WHEREAS, the Site, in accordance with the City Code, requires the Owner to install and maintain an infiltration basin on a portion of the Property as depicted on the Site Plan; WHEREAS, the City requires the Owner to install a pond and infiltration basin in accordance with the approved plans and specifications, including but not limited to the following plans attached hereto as Exhibits and incorporated herein, prepared by Cara Otto, Otto Associates, dated August 15, 2016 (except as noted below), and any subsequent revisions as required by the City Engineer: Exhibit A Sheet C2.0 Site Plan &Utility Plan Exhibit B Sheet C3.0 Grading Plan Exhibit C Sheet L1.0 Landscape Plan(prepared by Markell Laberee Design Group dated February 25, 2016) 1 The pond and infiltration basin are generally depicted in the Site Plan and Landscap Plan; WHEREAS, the Development Agreement between the Owner and the City for Valley Oaks (the "Development Agreement") requires the Owner to execute and record this Maintenance Agreement with the plat; WHEREAS, the purpose of installing and maintaining a pond and infiltration basin is on- site storm water management and to promote the water quality and volume control of the City's water bodies; and WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the pond and infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance. 1.1 Construction Requirements. The Owner shall construct and maintain the pond and infiltration basin in accordance with the Development Agreement and the approved plans and specifications. 1.2 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the infiltration basin in accordance with the terms and conditions set forth in this Agreement. If at any time the infiltration basin fails to conform to the standards and the Specifications set forth herein, including, but not limited to, the Infiltration Capacity, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City approves the proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.3 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the private streets, driveways,parking area and walkways on the Property in April or May each year to remove from the Property all sand and salt deposited on the private streets, driveways, parking area and walkways. The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basin. 1.4 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the private streets, driveways, parking area and walkways on the Property in April or May each year to remove from the Property all sand and salt deposited on the private streets, driveways, parking area and walkways. The Owner shall remove all tree leaves from the Property, excluding the stormwater pond and infiltration basin, after the leaves fall to the ground 2 in October or November each year. The Owner shall not deposit or store tree leaves or snow within the pond or infiltration basin. 1.5 Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the pond or infiltration basin and the Owner shall keep the infiltration basin free of any debris, leaves, litter, or other objects. 1.6 Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved plants and vegetation set forth in the landscape plan attached hereto as Exhibit "C" and incorporated herein (the "Landscape Plan"). Notwithstanding normal plant maintenance, such as pruning, dividing or thinning vegetation,the Owner shall seek approval from the City before altering the plants used in the infiltration basin. The Owner shall not use any chemicals within the infiltration basin unless first approved by the City and only when necessary for the protection of the infiltration basin or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basin. 1.7 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the infiltration basin. 2. Inspections. 2.1 Monthly Inspections. The Owner shall conduct monthly inspections of the infiltration basin, at the Owner's sole cost and expense, to ensure the Infiltration Capacity and a healthy plant community are maintained. If necessary, the Owner shall repair the infiltration basin if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 2.2 Annual Inspections. The infiltration basin shall be inspected annually by a Qualified Person selected by the Owner to determine whether or not the infiltration basins are functioning in accordance with the Specifications and this Agreement, including but not limited to the Minimum Infiltration Capacity. As used in this Agreement, the term "Qualified Person" shall mean a professional engineer licensed by the State of Minnesota, or a person approved by the City Engineer based on training and experience. The Owner's responsibilities under this Section shall be at the Owner's sole cost and expense. If, as a result of the inspection, the infiltration basin is determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair the infiltration basin to function as specified herein. Upon request from the Owner, the City Engineer may establish an inspection schedule permitting such inspections to be performed less frequently than annually, but the City Engineer may reinstate the annual inspection schedule at any time by notice to the Owner. 2.3 City Notification and Independent Inspection. The City shall be notified at least 48 hours prior to the annual inspections or any maintenance of the infiltration basin and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the infiltration basin at any time, 3 but the City shall use reasonable efforts to notify the Owner of its intent to enter the Property to inspect. 2.4 Inspection and Maintenance Report. The owner shall submit a report to the City, no later than two (2) weeks after any annual inspection or maintenance of the infiltration basin, providing the following information: a. Date and time of inspection b. Log of findings c. Date and time of maintenance d. Log of maintenance performed. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the infiltration basin does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen(14) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the infiltration basin into compliance with the Infiltration Capacity or Specifications, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the infiltration basin and complete all work necessary to correct the infiltration basin so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the infiltration basin and all work completed by the City to bring the infiltration basin back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 3.5 Right of Entry. The City shall have the right to enter the property to inspect and to implement the terms of this Paragraph 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 4 4. Standards for Performance. Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity,performance, and enforcement of this Agreement. Owner: By: Roopnarine Boodoo By: Annie Boodoo 5 CITY OF APPLE VALLEY By: Mary Hamann-Roland Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Roopnarine Boodoo and Annie Boodoo, husband and wife, to me personally known, who being by me duly sworn, did say that they are the respective Owner. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this _ day of , 20 , before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills &Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 6 EXHIBIT A m N • C z O O CIO) m 0 'Lin \ w w w w w w w \ / a a o 6,8 c O • cc- O SS SS SS o SS SS SS SS ��b j l � GUff l e� .yL O Bituminous Rood O 111 REMOVE EXIST CURB & GUTV' R LO } \ 2 coj / AS NECESSARY TO INSTALL gONC. VALLEY GUTTER p N / �? 'bo / �k 0 6 kk cN n i4' 6, \ o I m kkZZ \ S \ Ile \ I —24—... O / a9� S j �' \ w II I 19 m p ,A` �� %: -° .. "its\ � SS II II Cn Z 15.40 \E•C �03 � I � / � \ O SiOF� \ �• \ c �x S O � / I \ ql� \ \% I 3 in• �0 ay to i I w \ w"@ `Oo II I O1 I �� \ \ ° 4 rnw n I 15�I � --f v7 O I j z a 44 C) c„ �j w I I I ,D `o b Sr_ { n \ rr, N o I I 0 0 \..._..._..._... ° sr L W I I I C 119—... \ \ Ov �•. a j S NS vn -4 DLorl o =�0M zp m �, I IA �, j o I ��� Sr ° I / O 2 O Cn V Ln M _[*�� ._..._.�._...—...—87.38—..._..._. o Ln 3 0 0M cn \^� I z n / c� 0 n O CSO / z � ,+ / / ' apo of O m N C z vc, I cnm I y �ij�� a p..._..• P a 2 0 O / b \ {�� SS / V' ° c� o 0zrr� I o a r r1rz, cno m I °° c `+ ��dc, / / o �a 1. -. 0 o, v@ M N� I I I � � I U r8 (n SS 'n g z o I =19 ° . cn 0 >� c j 0 o f 55� G7Z� I n C O I � : S M z z °° Lila y 0 �Lo o � � I I �� o /� �\ / v, a � - m C7 ADD .• U) '�' o DI I I I 0 — _ m 4 _ _ j cn i vii _ LO520 �.. _ o I I _... �I . �� I I `T' o I I I O I y L,4 i j G�A v � I I " n 0 Qn� c0 ;;F LA 3, M 1j —... �� \ o rl � 5.35 / � I � Z CQ C) l `� - - - - - - - - - - - J ^moi a I o c sty I I I I N I I a I,p ' o � "f-,CA I Ka I I 1.81 Cb ` - - - - - -•L I Q 3 b I O ^(A N c O / v -n o o a 11 _ - N00'46'0 1 E 195.09 � Cl) w� 00 m 5 —0- - — — — — — — — — — — — — = — — — — — — — — — — 1 ...— z I .I ti Edge of Bituminous—��� . O I °� a � 3•° y O CS Bituminous Drive �I �� Gos Meter-... a p c y "40) 28.9 r cn 2 oomc. idewolk 4� N I D "1 Cb `° I " I o co I N � D ° I ° Ln Concb, Siciew"lk ` a 1; i c I �I I �n CA r O O n r { N N rn � O z Ln Ln < D G) X ILn � N I r. D ^ 0 w D O rn N �— O m Fr— D I r '' ��� r u=, D r r Q D r L N _ ._ r c1�1�7 R1 O1 Z n O I ^. .r °m° O N c v co O N v rn W 4 Cr w ii N m M N Z m 1 � 1 T V' r _ _ ' Z I r:. :r r r f r- Q p Cn 0p Z0 � p Ln 00 C D C ;''`; eQ I� I r . ^.. m C C 0 VC:) N m Q CN Z ` ) r v CA 0 p W cc)) W 0 Z Sm a ^, —� f T1 = ,� 0 '� ,� "y r 0 —I D N cDn con rn —� Cr,i n —I o v O v o -� m Z (n D 0 �� r L-6"��_ � > m m p m m 0 > .+, z m r � a 13 112'* M W o D n N C.) D cn � rn z m z M Na, O m O .�? m z co Z z rn rn o �o op "rn cn w N z zv •w0D• N m �' Ln w oc�� On �c�oo� a O °Do n z o z00jz y OZOzrO � D ado N yy�2 � ���0 �1 ��� O z O O W yc"� 2 c�oZca �,?nycncn 0 2 _ :70Z �n 00 co 01)11 6" Imo- `O �rv1�r!I.n0~56 y y w N � 0 0 O a s r -n C.) �rri �D -0N z � a oar =nom' = o DMZ ;U , rn r,zorT, � �ovo Z ;Y0 00 0 � QO 1T1 CA :51 � � ° r ' 0 1 D r,N y n O�F,Cnn ^, n o n o c o ZOO C omx > X nl � ° rn X00 o � Oo � Ooz z m�� (n a o �n"cn ,,o w o o a 0 0 o C. :70 Oo c czn O 2 �m N c� zZz — o� L � z zr ��� , � � oo�� op c`O•, _ < �' n o n ANON ° o ° OcnO '1 O z \ �, O n �r0 O 1 C7 z 2 it n 1> z� z ° Q) 1c) ooN z� �� za-n z >z� I I I oO �� � O :N� viz s `� n 2°° � (3 Ln oa mM o-1 D 12" cN c ? I �' ^^ 1 MZ n n O 2 C n r N r Ga ` J mDm � ° ° O Opo n�r �O � O n � � !' � ^10 O O `I O � - -v im ° ° z y �, o a,�, ,,n z o v, Lj a I I I z M ,,, cn ,, � = 2 O cn n . O cn N O � 0a?0 ° O ',��10 n�N "1O n a vin o a� r v o a 0 0 0 a a a a D D �. '1 = r (� r C� �1 (/� (n G� O > j 3 3 3 j j nl o z omDr� r Z �° o . � � nen 00: n V) � � O v � 0 0 0 0 0 0 0 0 D to D -� k O ,i n O O z Cn co co co cu co cu rn rn r m z O y y y n 2 y N p� r'1 z �', - cn cn cn cn cn cn y Z rTi z� o m t, a � �� n p � o o o o O lb ---I � 0 --IZ N. O O� = O ', _ Q 3' � cQu Qj m� D z �ncn n \ n `O rn -O ° o cn o O v x r x v' ° ^~i O ��O C ? O I Cb O 0 0 0 3 m 3 CD m m m m n C N 13 00 � `0° 0 Cb --,Lh cn z -- v o ni o a o a c m �. n 00 0 z D 0 C 7 z Cb CD 11 V, O �1 v0 m O~ y C n1 D II Cb rn S. -NP M o cn . T PS\ y N cn EXHIBIT B m N � z 0 o• o p y acna��jOc�W o nja��jC' 2c�j p��n�• ��y2 a O ono no� O c') OO Q, cUn \ \ ��nC���O 4 NO oW W W W W W \ \ \ \ �Xa"aoa� 9 6 �, Gra, Q'd p- �..- -•-`868 C w \ � ��p O S" SS O SS SS SS SS to crib \ j \ n�o O ? / p r Bituminous Rood G f� I •� S \�' � 9 �' \ - 2a Zn�n �s mss 3'Q w tor1l P CID SF Cb )956 08 A k / / a n� °G� SS/ 6 dip \/. 9) 1\\ m r� \ SF 011 co 956 \ SF ea91 ly / cin 0/1 O 956 a' X r rn S6 \ 8 SS U c�!��o =rri O `sS s�` \ <o \ N SS to co a o m �� �eS o� I '� 956 � 01 _ \ '. , - I o� c �•� � Z clo�'w o � � 1 Cvn ��� �3 X •. c� ao -1 o ° map = ; �6 . U \ � � a ��� �n / to m ° U)U)M m �...� �' �... �� ° v 957 \ :, Q�. � v, y 2 N m��� �...�•.� I m SSS -446 LF- RCP ® 0.52 P `\ \ \ \ � O L �. r (0 * OTo M ' v �tsa� �ti�' I 69s� J/ ` 9S3 \ \ ST. cn Kon o o 9S� o \ cn : z r i -+ / I ��i�'' c�`O o O rncNi�Ln = \\ S/ OzM o � N \m co / J � Al ZDD vCi / 4 �� I + ;U I lO ���� of cv., N � ��3 Z D o0 �: I co i� cn / i p / _ r �j - / 3 I VC-)�-n f tr W O n D r Op (p e. 0 - I �S / 1 Gr z m m y r �l/ °. Cn O r v7 D 0 �, O I r*I / Ul 11 o 0 / U, O M r O O cn O O / / �.. tom, t„"0 D W 1, ��' Cn p tp Z U (n Z N a ° v) Q �' (n cn pnp z c �' o �^i to -+o, v -� G� rrl I X / a �... cn / o, rn O Norm 4 o o� � c„ � � O O / �� ° o o W 17 ' / 1 C / LP / 0 I ��6 X ko v 1 u\ I I I 00 I v I I� ss 9s� o 0 0 � y � � � r to to Cb R7 I N- X X00 9 �' I ✓ I ^h I opo c0 o X I I ib I s 1 % m wv� to I \ ti L - - - - - - - - - - - � sa, Iiz 9s s �s is Js X to I / � � �' _ 0 / to 1 y I Cb 0 tX° I �, to to p I I "r 51 cin -T, I I co � rn j cn �ti I o f � l I �o i zr C CI o o O I ° � z � — o � n b. U COi+ _ gs 9154 rq cnYl 4 rn 956-- - - Ip — " 954, �Q � I to ts� ctOn cLh I ` ) j rev -...—Edge of Bituminous Bituminous 955.34 Drive ti IL I 955.36X o o X 9S I 3 . / a w_ Gos Meter- t0 °oe �„1 X ~ S -... -... ��O v rn Ln Ln Cb (Z y Gj G6r/C. D / ewdlk T1 '� Cn �p R• 1 �N CCID rn Cn O C � C` I 1 I � t o � 9S p o w c) CIO � I ICb X 6 Ln r O iLn ' `b I ? y Con C., Slr�ew�lk' °° (In 60 3 � ' r r `I 3 Y A j rn � I — N o Z I - I � `� rn rn I I o� o � I Z r^ I \ 1 Cur & 1 5 I V J L �i6 I X X X o X Gu t er �' w Cb Bit.l Drive 1 .j I N I� N In Cb y � Z O n r � O m L, � � � a yoC) o � o � o � `'' y 00 as as z C -� � � oo � (� a � � I. c) O = N Oc OO � � rrl ---INC) r � M a = (Oc) --i c) 00 z W o m m m rNrl � (/) � O � � N � rnrr, OO � (� O a G_> N C .Z�7 �j Zp� Z � r- Q ® m C Z � pO �I � p � y0 � 0 � I I to �n l c`On ��„ ti o :_:F p I I I I I I w w O D m � Z -0 - -0 O 10 o a Q o 0 o a Q Q a Q Q a N N r0 to n C 2 �*, z cb cn cn o co cu 0 cu 0 cb (o r- QQ ct, tD (n (n O O C 2 0 > > 3 � 3 o o o O Z BIZ � opOc) _ o (b 0 0 0 0 0 0 0 0 0 0 0 I I G7 n O O O O ^i n to (b cn c� m co m o T y \ coa�D � 0 I OIF, rlr � O rTlrj r 2Z r � C ^i � O O '� 3 0 0 0 (� Rj o rTiM ZOO N � I � 2 a ° o cn c O cCu (b M m z O � � � cr0i �j2 -0 � � " r (b Z3 p cn C) a o A vJ 0 � y � � � � � r �. '• ::i Q o o 0 0 T o Ql 'C r LO rri I o � O w N IM o') 4:1, EXHIBIT C Granada \ \ z m W \ - Z � I--] EI 1:1 0 r D ❑ --i __I El D EI �� 95S \ 33i r El El r El ❑ _< m ^ 2 ❑ / u ❑ 2❑ ❑ ❑ ❑ [ N �I �I N ❑ q , El ❑ IL..1iLL Flrn�-'I \ CD El El El v ❑ ❑ a C7 I I I ❑ a_ \ ❑ T Ll E] ❑ CL --j m D ❑ q ❑ ❑ L - D ❑ y ❑ I 11 I \ I \ \ \ _ Q CD x m ❑ ❑ Ll El ❑ v r,c K ❑ `s o m -I � ❑ ❑ ❑ M4❑ ❑ ❑ rmq a mem - m om 45o ❑ � � � z ° my ❑ m �9 956, \ \ CD m DG7r m r �m ❑ ❑ om- � °1 =� m � n v ° nro m ® � ❑ o " 1 \ I • e_ ❑ mmm CD r- ❑ -< D ❑ m ❑ o z /� ❑ w 71 m ❑ r? Cm ❑ ❑ 8 ❑ 8 ❑ � Z = �, 1 ❑ ❑ 4x Cz � z m ® ❑ I ❑ II \ \ ® o ❑ v o ❑ � ❑ ❑ o ❑ ❑ ❑� --i CI- y� ❑ ❑ v ❑ Om ox ❑ r II 9S \ _ ❑ El �m 4 ❑ � n� m ❑ ® rnc ' ot3Io ❑ � El � IJmLI❑ � ❑ z ❑ ® 711 m m M -1 [u; Zv_ v � z m � D D ❑ ❑ E] El � m Dv �eZ Boli ILII ❑ d� CD -0 El El � -< (D C) m r � ® ❑ 4 -� D � Z❑ p❑ Z ® U ❑ � <� Z ❑ D8 -C D ❑ D r 1 1 El r- ❑ ❑ " rC) m " � ❑ ❑ m 'm ms ❑ m ❑ � � n oDM r-L] ,--r ❑ ❑ r -D M ❑ xD ❑ ❑ D v -U= Z4m ❑ Z \ m 4 � m4m m ❑ rl oe ❑ ❑ D I- T 9 \ ❑❑ \ El -< -0 � D El r_ E:] El EEl CD 1:1 j ❑ moZ ® -i lD LJ s � \ p CD m❑ m❑ o ❑ m I 6 o CD oD❑ oD H El � z ❑ PI I ❑ \ 4 4 ❑ o e � o o o ❑ I /J I / I ❑ ❑ 0 957 J Q m l I77 F7 \ ❑ _U ❑ ❑ ❑ \ b s z -Zi Z -Zi Z -Zi Z z z ❑ Z o El o o CD iv I ❑❑ El El a o ❑ + �+ + + + ❑ m ❑ II ❑ m + � + + + b- I o D c) + +El o / El � r \ II ❑ ❑ / I ❑ I III o❑ ❑ ❑ o +, ❑ o �4 ❑ I ❑ r ❑ l In I l + + + + + + + + + + _ r -U I I + + + + + + + + + + � II + + + + + a r ❑ O _ 0 El A o 0 0 a I ❑ 956 "* El E] Cf)C 0 O I I ❑ g J r �, o ❑ ❑ z D 8 C ❑' ❑ I I ❑+J El Ll ❑ I / El aoDrEl 4 zm o D❑ II ❑ qq CD eD O® 1 M o ❑.ami❑0z ® 0M lEll � DHno v I ❑ I t� M ❑ o® �gEl r r H ❑ L z x � j ElM El El P �_ D Dm o m -i oc�io4Elec. mG ° 3m ❑ ❑ r I Ej ❑ ® o r® a om El ` mp ❑ s ❑ ❑ ❑ ❑ I I ❑ ❑ ❑ � / _ I ❑ ❑ N I L ❑ ' r CD II ❑ s� EI II II L — ��—_ - - � CD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I o I ❑ I I I �� ❑ 0 0 a 0 0 0 0 0 0 - ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I �� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑� _ I - - - - - - - - _ - - - - - - - - - - - - - � _. v v d iv v d ;v v v = � El 2 o❑ ❑ o❑ a❑ o❑ o❑ oCL❑ o ❑ °�' I II r ❑ I I I v ao a° as Da =1 a'.-. Da n❑ I ❑ �' ❑ � ❑ �' ❑ � ❑ ❑ �' O �' ❑ ❑ N ❑ ❑ Z6 L - L - - - - - - - - - - - - - - - - N ❑ N ❑ N ❑ N ❑ N ❑ N❑_ N❑ N ❑ .G - fl I ° ❑ 5 ❑ ❑ ❑ ❑ ❑ ❑ L. 91 \ CD N II (D INI (D N 'II IN f (D � T 1 1 I ❑ CI v \ 1r \ °I 1 1 I \ o o � 0 r ❑ D ® D ❑ j > C) 4 ❑ ❑ D ❑ C) D ❑ D a Meter- ❑ — CD 0 cc -s � v CD 8 ' p) N v R fD ly v a R I 00 Ll El CD CD E r ❑ o C) BQ' o ❑ Q- ❑ � � m � o � ❑ o �o = g > Sv aBW oSS � � � D ❑ ❑ o D El CD Q4 Som ❑ gym � Qo � F ❑ °' mM D ❑ v _ 8 m r � — Ba ❑ ❑ Q ❑ :3 `� W Q El❑ rm mm 4 � � fn ID 71 ❑ � ❑ � m Q- o Ba oQa a � cn > oD � ❑ a ® 4 E]E7 CL C�D m D 0) v CD 4 m � 'v z z � a ❑ 6FT 11 g ❑ a ❑ 8 a ❑ a4 4 ❑ a ❑ -� � �n a � e aEl ❑ ❑ CD CD B ❑ ❑ � • o z cQ �' m r ❑ rn —_ v = DFa a My < -4 ❑ Q 9 ❑ Hv Z ❑ E [] m m pCD ❑ ❑ ❑ m [] W '0 ITI _q SU CD ❑ C 61 D f TI ❑ H � ® Z z 4 ❑ C) Z o R ❑ o ❑ S Ll o o ❑❑ S rnH CI- m D CL ❑� ❑ 0 0 m W L1 FD CD z Sy 7 ❑ m E m ❑CD CD ❑ Q 4 sv Q Q Q R ❑ II o n _ m e ❑ 008 a ❑ � ❑❑ �, D - Z o CANOPY DRIP-LINE H 8 ❑ m 8 � 9 CL r- _ 971 z �- m ❑ Q C1 q r- o CL 70 z 0 4 ❑ ❑ am `< v CL � � v v 4 - o 8 4 v Q � (D a 4 -0 o Q ❑ I ` CDQ CL CD L1 8 ❑ 04 a Q � m r m ' < _ ❑ m D - _ D im MEl _ 0 4 z ° ❑ El Z E ' z —' ❑ 0 EI m m D 6.. � `tom r o❑i o � ❑� � T _ R? ❑ V o LI W a CD •• 8 o CD ❑ ❑ m CD CD � 4 � ❑ Z L >- a � � 4 0 m m EI ❑ Q a ❑ a ❑ I _ ❑ a v m ILI, � � a CL 0 0 0 H 4 ❑ m m a �J f lk Am mLi IIII�IIIIIIII D q — z M ''III li I G D — I 7_ c ❑ ❑ ❑ n q❑q m °' ❑ o �o` � CD Q ❑ ❑ ❑ ❑ CD 4 EI � 4 4 CD °1 m CD a � a n H Q_ '0 CL � a -5 a CD o ❑ H o SHEET: PREPARED FOR: PROJECT NAME/LOCATION: hereby me or underthat this my direct an was prepared on and ru DESIGNED: M NO. REVISION ISSUE DATE by M A R K E LL that I am a duly registered LANDSCAPE L A B E R E E DESIGN ARCHITECT under the laws of the State DRAWN: M OTTO ASSOCIATES INC. VALLEY OAKS DENTAL of Minnesota. GROUP L 1 Lee Markell E CELENT -D AVEn CHECKED: LM Landscape Plan NORTH 1222MN-2_°- Date: 2-25-2016 A 2 7 1 DATE: 2 1 STORMWATER POND AND INFILTRATION BASIN CONSTRUCTION AND MAINTENANCE AGREEMENT This Agreement is made by and between Roopnarine Boodoo and Annie Boodoo, husband and wife (the "Owner"), and the City of Apple Valley, a Minnesota municipal corporation(the "City"). The Owner and the City shall jointly be referred to as the "Parties." WHEREAS, the Owner is the fee owner of real property legally described as follows: Lot 1, Block 1, Valley Oaks (the "Property"). WHEREAS, on August 25, 2016, the City Council approved a site plan and authorized a building permit for improvements upon the Property. The building permit authorization is subject to a number of conditions as set forth in the City Council's Resolution No. 2016-150, which includes, but is not limited to, the requirement that all construction and site improvements be in conformance with the approved site plan (the "Site Plan"), and in conformance with City Code. The Site Plan is attached hereto as Exhibit "A" and incorporated herein. WHEREAS, the Site, in accordance with the City Code, requires the Owner to install and maintain an infiltration basin on a portion of the Property as depicted on the Site Plan; WHEREAS, the City requires the Owner to install a pond and infiltration basin in accordance with the approved plans and specifications, including but not limited to the following plans attached hereto as Exhibits and incorporated herein, prepared by Cara Otto, Otto Associates, dated August 15, 2016 (except as noted below), and any subsequent revisions as required by the City Engineer: Exhibit A Sheet C2.0 Site Plan &Utility Plan Exhibit B Sheet C3.0 Grading Plan Exhibit C Sheet L1.0 Landscape Plan(prepared by Markell Laberee Design Group dated February 25, 2016) 1 The pond and infiltration basin are generally depicted in the Site Plan and Landscap Plan; WHEREAS, the Development Agreement between the Owner and the City for Valley Oaks (the "Development Agreement") requires the Owner to execute and record this Maintenance Agreement with the plat; WHEREAS, the purpose of installing and maintaining a pond and infiltration basin is on- site storm water management and to promote the water quality and volume control of the City's water bodies; and WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction and maintenance of the pond and infiltration basin, as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Construction and Maintenance. 1.1 Construction Requirements. The Owner shall construct and maintain the pond and infiltration basin in accordance with the Development Agreement and the approved plans and specifications. 1.2 Maintenance Obligation. The Owner shall maintain and repair, when necessary, the infiltration basin in accordance with the terms and conditions set forth in this Agreement. If at any time the infiltration basin fails to conform to the standards and the Specifications set forth herein, including, but not limited to, the Infiltration Capacity, the Owner shall immediately correct the non-conformance in accordance with a City-approved remediation plan and schedule. The Owner shall submit to the City a proposed remediation plan and schedule to repair the infiltration basin to the standards set forth herein. If the City approves the proposed remediation plan and schedule, the Owner shall perform the remediation in compliance therewith. 1.3 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the private streets, driveways,parking area and walkways on the Property in April or May each year to remove from the Property all sand and salt deposited on the private streets, driveways, parking area and walkways. The Owner shall remove all tree leaves from the Property after they fall to the ground in October or November each year. The Owner shall not deposit or store snow within the infiltration basin. 1.4 Snow and Leaves Removal and Prohibited Storage. The Owner shall sweep clean the private streets, driveways, parking area and walkways on the Property in April or May each year to remove from the Property all sand and salt deposited on the private streets, driveways, parking area and walkways. The Owner shall remove all tree leaves from the Property, excluding the stormwater pond and infiltration basin, after the leaves fall to the ground 2 in October or November each year. The Owner shall not deposit or store tree leaves or snow within the pond or infiltration basin. 1.5 Personal Property or Debris Storage Prohibited. The Owner shall not deposit or store any personal property or debris, litter, or other objects within the pond or infiltration basin and the Owner shall keep the infiltration basin free of any debris, leaves, litter, or other objects. 1.6 Maintenance of Vegetation. The Owner shall maintain and, when necessary, replace the approved plants and vegetation set forth in the landscape plan attached hereto as Exhibit "C" and incorporated herein (the "Landscape Plan"). Notwithstanding normal plant maintenance, such as pruning, dividing or thinning vegetation,the Owner shall seek approval from the City before altering the plants used in the infiltration basin. The Owner shall not use any chemicals within the infiltration basin unless first approved by the City and only when necessary for the protection of the infiltration basin or its vegetation. The Owner shall repair any erosion within or surrounding the infiltration basin. 1.7 Maintenance Costs. The Owner shall incur and pay all costs associated with maintaining and repairing the infiltration basin. 2. Inspections. 2.1 Monthly Inspections. The Owner shall conduct monthly inspections of the infiltration basin, at the Owner's sole cost and expense, to ensure the Infiltration Capacity and a healthy plant community are maintained. If necessary, the Owner shall repair the infiltration basin if the Infiltration Capacity or healthy plant community is not in conformance with the standards set forth herein. Repairing landscape and vegetation to maintain a healthy plant community may include replacement of dead or diseased plants, vegetation or mulch and removal of noxious weeds, litter or other debris. 2.2 Annual Inspections. The infiltration basin shall be inspected annually by a Qualified Person selected by the Owner to determine whether or not the infiltration basins are functioning in accordance with the Specifications and this Agreement, including but not limited to the Minimum Infiltration Capacity. As used in this Agreement, the term "Qualified Person" shall mean a professional engineer licensed by the State of Minnesota, or a person approved by the City Engineer based on training and experience. The Owner's responsibilities under this Section shall be at the Owner's sole cost and expense. If, as a result of the inspection, the infiltration basin is determined not to be functioning in accordance with the Specifications and this Agreement, the Owner shall restore/repair the infiltration basin to function as specified herein. Upon request from the Owner, the City Engineer may establish an inspection schedule permitting such inspections to be performed less frequently than annually, but the City Engineer may reinstate the annual inspection schedule at any time by notice to the Owner. 2.3 City Notification and Independent Inspection. The City shall be notified at least 48 hours prior to the annual inspections or any maintenance of the infiltration basin and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the infiltration basin at any time, 3 but the City shall use reasonable efforts to notify the Owner of its intent to enter the Property to inspect. 2.4 Inspection and Maintenance Report. The owner shall submit a report to the City, no later than two (2) weeks after any annual inspection or maintenance of the infiltration basin, providing the following information: a. Date and time of inspection b. Log of findings c. Date and time of maintenance d. Log of maintenance performed. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that the infiltration basin does not conform to the Minimum Infiltration Capacity or any other requirements of the Specifications or this Agreement, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within thirty (30) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within fourteen(14) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the infiltration basin into compliance with the Infiltration Capacity or Specifications, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the infiltration basin and complete all work necessary to correct the infiltration basin so as to bring it into compliance with the Infiltration Capacity and Specifications. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the infiltration basin and all work completed by the City to bring the infiltration basin back into compliance with the Infiltration Capacity and Specifications. 3.4 Waiver of Rights. If the Owner does not timely reimburse the City, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081. 3.5 Right of Entry. The City shall have the right to enter the property to inspect and to implement the terms of this Paragraph 3. The City shall not be subject to or liable for any claims of trespass by the Owner. 4 4. Standards for Performance. Any act of construction, maintenance, or repair to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 5. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, any may condition consent upon such terms as the City deems desirable. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 6. Duration. This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 7. Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity,performance, and enforcement of this Agreement. Owner: By: Roopnarine Boodoo By: Annie Boodoo 5 CITY OF APPLE VALLEY By: Mary Hamann-Roland Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2016, before me a Notary Public within and for said County, personally appeared Roopnarine Boodoo and Annie Boodoo, husband and wife, to me personally known, who being by me duly sworn, did say that they are the respective Owner. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this _ day of , 20 , before me a Notary Public within and for said County, personally appeared Mary Hamann-Roland and Pamela J. Gackstetter to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills &Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 6 EXHIBIT A m N • C z O O CIO) m 0 'Lin \ w w w w w w w \ / a a o 6,8 c O • cc- O SS SS SS o SS SS SS SS ��b j l � GUff l e� .yL O Bituminous Rood O 111 REMOVE EXIST CURB & GUTV' R LO } \ 2 coj / AS NECESSARY TO INSTALL gONC. VALLEY GUTTER p N / �? 'bo / �k 0 6 kk cN n i4' 6, \ o I m kkZZ \ S \ Ile \ I —24—... O / a9� S j �' \ w II I 19 m p ,A` �� %: -° .. "its\ � SS II II Cn Z 15.40 \E•C �03 � I � / � \ O SiOF� \ �• \ c �x S O � / I \ ql� \ \% I 3 in• �0 ay to i I w \ w"@ `Oo II I O1 I �� \ \ ° 4 rnw n I 15�I � --f v7 O I j z a 44 C) c„ �j w I I I ,D `o b Sr_ { n \ rr, N o I I 0 0 \..._..._..._... ° sr L W I I I C 119—... \ \ Ov �•. a j S NS vn -4 DLorl o =�0M zp m �, I IA �, j o I ��� Sr ° I / O 2 O Cn V Ln M _[*�� ._..._.�._...—...—87.38—..._..._. o Ln 3 0 0M cn \^� I z n / c� 0 n O CSO / z � ,+ / / ' apo of O m N C z vc, I cnm I y �ij�� a p..._..• P a 2 0 O / b \ {�� SS / V' ° c� o 0zrr� I o a r r1rz, cno m I °° c `+ ��dc, / / o �a 1. -. 0 o, v@ M N� I I I � � I U r8 (n SS 'n g z o I =19 ° . cn 0 >� c j 0 o f 55� G7Z� I n C O I � : S M z z °° Lila y 0 �Lo o � � I I �� o /� �\ / v, a � - m C7 ADD .• U) '�' o DI I I I 0 — _ m 4 _ _ j cn i vii _ LO520 �.. _ o I I _... �I . �� I I `T' o I I I O I y L,4 i j G�A v � I I " n 0 Qn� c0 ;;F LA 3, M 1j —... �� \ o rl � 5.35 / � I � Z CQ C) l `� - - - - - - - - - - - J ^moi a I o c sty I I I I N I I a I,p ' o � "f-,CA I Ka I I 1.81 Cb ` - - - - - -•L I Q 3 b I O ^(A N c O / v -n o o a 11 _ - N00'46'0 1 E 195.09 � Cl) w� 00 m 5 —0- - — — — — — — — — — — — — = — — — — — — — — — — 1 ...— z I .I ti Edge of Bituminous—��� . O I °� a � 3•° y O CS Bituminous Drive �I �� Gos Meter-... a p c y "40) 28.9 r cn 2 oomc. idewolk 4� N I D "1 Cb `° I " I o co I N � D ° I ° Ln Concb, Siciew"lk ` a 1; i c I �I I �n CA r O O n r { N N rn � O z Ln Ln < D G) X ILn � N I r. D ^ 0 w D O rn N �— O m Fr— D I r '' ��� r u=, D r r Q D r L N _ ._ r c1�1�7 R1 O1 Z n O I ^. .r °m° O N c v co O N v rn W 4 Cr w ii N m M N Z m 1 � 1 T V' r _ _ ' Z I r:. :r r r f r- Q p Cn 0p Z0 � p Ln 00 C D C ;''`; eQ I� I r . ^.. m C C 0 VC:) N m Q CN Z ` ) r v CA 0 p W cc)) W 0 Z Sm a ^, —� f T1 = ,� 0 '� ,� "y r 0 —I D N cDn con rn —� Cr,i n —I o v O v o -� m Z (n D 0 �� r L-6"��_ � > m m p m m 0 > .+, z m r � a 13 112'* M W o D n N C.) D cn � rn z m z M Na, O m O .�? m z co Z z rn rn o �o op "rn cn w N z zv •w0D• N m �' Ln w oc�� On �c�oo� a O °Do n z o z00jz y OZOzrO � D ado N yy�2 � ���0 �1 ��� O z O O W yc"� 2 c�oZca �,?nycncn 0 2 _ :70Z �n 00 co 01)11 6" Imo- `O �rv1�r!I.n0~56 y y w N � 0 0 O a s r -n C.) �rri �D -0N z � a oar =nom' = o DMZ ;U , rn r,zorT, � �ovo Z ;Y0 00 0 � QO 1T1 CA :51 � � ° r ' 0 1 D r,N y n O�F,Cnn ^, n o n o c o ZOO C omx > X nl � ° rn X00 o � Oo � Ooz z m�� (n a o �n"cn ,,o w o o a 0 0 o C. :70 Oo c czn O 2 �m N c� zZz — o� L � z zr ��� , � � oo�� op c`O•, _ < �' n o n ANON ° o ° OcnO '1 O z \ �, O n �r0 O 1 C7 z 2 it n 1> z� z ° Q) 1c) ooN z� �� za-n z >z� I I I oO �� � O :N� viz s `� n 2°° � (3 Ln oa mM o-1 D 12" cN c ? I �' ^^ 1 MZ n n O 2 C n r N r Ga ` J mDm � ° ° O Opo n�r �O � O n � � !' � ^10 O O `I O � - -v im ° ° z y �, o a,�, ,,n z o v, Lj a I I I z M ,,, cn ,, � = 2 O cn n . O cn N O � 0a?0 ° O ',��10 n�N "1O n a vin o a� r v o a 0 0 0 a a a a D D �. '1 = r (� r C� �1 (/� (n G� O > j 3 3 3 j j nl o z omDr� r Z �° o . � � nen 00: n V) � � O v � 0 0 0 0 0 0 0 0 D to D -� k O ,i n O O z Cn co co co cu co cu rn rn r m z O y y y n 2 y N p� r'1 z �', - cn cn cn cn cn cn y Z rTi z� o m t, a � �� n p � o o o o O lb ---I � 0 --IZ N. O O� = O ', _ Q 3' � cQu Qj m� D z �ncn n \ n `O rn -O ° o cn o O v x r x v' ° ^~i O ��O C ? O I Cb O 0 0 0 3 m 3 CD m m m m n C N 13 00 � `0° 0 Cb --,Lh cn z -- v o ni o a o a c m �. n 00 0 z D 0 C 7 z Cb CD 11 V, O �1 v0 m O~ y C n1 D II Cb rn S. -NP M o cn . T PS\ y N cn EXHIBIT B m N � z 0 o• o p y acna��jOc�W o nja��jC' 2c�j p��n�• ��y2 a O ono no� O c') OO Q, cUn \ \ ��nC���O 4 NO oW W W W W W \ \ \ \ �Xa"aoa� 9 6 �, Gra, Q'd p- �..- -•-`868 C w \ � ��p O S" SS O SS SS SS SS to crib \ j \ n�o O ? / p r Bituminous Rood G f� I •� S \�' � 9 �' \ - 2a Zn�n �s mss 3'Q w tor1l P CID SF Cb )956 08 A k / / a n� °G� SS/ 6 dip \/. 9) 1\\ m r� \ SF 011 co 956 \ SF ea91 ly / cin 0/1 O 956 a' X r rn S6 \ 8 SS U c�!��o =rri O `sS s�` \ <o \ N SS to co a o m �� �eS o� I '� 956 � 01 _ \ '. , - I o� c �•� � Z clo�'w o � � 1 Cvn ��� �3 X •. c� ao -1 o ° map = ; �6 . U \ � � a ��� �n / to m ° U)U)M m �...� �' �... �� ° v 957 \ :, Q�. � v, y 2 N m��� �...�•.� I m SSS -446 LF- RCP ® 0.52 P `\ \ \ \ � O L �. r (0 * OTo M ' v �tsa� �ti�' I 69s� J/ ` 9S3 \ \ ST. cn Kon o o 9S� o \ cn : z r i -+ / I ��i�'' c�`O o O rncNi�Ln = \\ S/ OzM o � N \m co / J � Al ZDD vCi / 4 �� I + ;U I lO ���� of cv., N � ��3 Z D o0 �: I co i� cn / i p / _ r �j - / 3 I VC-)�-n f tr W O n D r Op (p e. 0 - I �S / 1 Gr z m m y r �l/ °. Cn O r v7 D 0 �, O I r*I / Ul 11 o 0 / U, O M r O O cn O O / / �.. tom, t„"0 D W 1, ��' Cn p tp Z U (n Z N a ° v) Q �' (n cn pnp z c �' o �^i to -+o, v -� G� rrl I X / a �... cn / o, rn O Norm 4 o o� � c„ � � O O / �� ° o o W 17 ' / 1 C / LP / 0 I ��6 X ko v 1 u\ I I I 00 I v I I� ss 9s� o 0 0 � y � � � r to to Cb R7 I N- X X00 9 �' I ✓ I ^h I opo c0 o X I I ib I s 1 % m wv� to I \ ti L - - - - - - - - - - - � sa, Iiz 9s s �s is Js X to I / � � �' _ 0 / to 1 y I Cb 0 tX° I �, to to p I I "r 51 cin -T, I I co � rn j cn �ti I o f � l I �o i zr C CI o o O I ° � z � — o � n b. U COi+ _ gs 9154 rq cnYl 4 rn 956-- - - Ip — " 954, �Q � I to ts� ctOn cLh I ` ) j rev -...—Edge of Bituminous Bituminous 955.34 Drive ti IL I 955.36X o o X 9S I 3 . / a w_ Gos Meter- t0 °oe �„1 X ~ S -... -... ��O v rn Ln Ln Cb (Z y Gj G6r/C. D / ewdlk T1 '� Cn �p R• 1 �N CCID rn Cn O C � C` I 1 I � t o � 9S p o w c) CIO � I ICb X 6 Ln r O iLn ' `b I ? y Con C., Slr�ew�lk' °° (In 60 3 � ' r r `I 3 Y A j rn � I — N o Z I - I � `� rn rn I I o� o � I Z r^ I \ 1 Cur & 1 5 I V J L �i6 I X X X o X Gu t er �' w Cb Bit.l Drive 1 .j I N I� N In Cb y � Z O n r � O m L, � � � a yoC) o � o � o � `'' y 00 as as z C -� � � oo � (� a � � I. c) O = N Oc OO � � rrl ---INC) r � M a = (Oc) --i c) 00 z W o m m m rNrl � (/) � O � � N � rnrr, OO � (� O a G_> N C .Z�7 �j Zp� Z � r- Q ® m C Z � pO �I � p � y0 � 0 � I I to �n l c`On ��„ ti o :_:F p I I I I I I w w O D m � Z -0 - -0 O 10 o a Q o 0 o a Q Q a Q Q a N N r0 to n C 2 �*, z cb cn cn o co cu 0 cu 0 cb (o r- QQ ct, tD (n (n O O C 2 0 > > 3 � 3 o o o O Z BIZ � opOc) _ o (b 0 0 0 0 0 0 0 0 0 0 0 I I G7 n O O O O ^i n to (b cn c� m co m o T y \ coa�D � 0 I OIF, rlr � O rTlrj r 2Z r � C ^i � O O '� 3 0 0 0 (� Rj o rTiM ZOO N � I � 2 a ° o cn c O cCu (b M m z O � � � cr0i �j2 -0 � � " r (b Z3 p cn C) a o A vJ 0 � y � � � � � r �. '• ::i Q o o 0 0 T o Ql 'C r LO rri I o � O w N IM o') 4:1, EXHIBIT C Granada \ \ z m W \ - Z � I--] EI 1:1 0 r D ❑ --i __I El D EI �� 95S \ 33i r El El r El ❑ _< m ^ 2 ❑ / u ❑ 2❑ ❑ ❑ ❑ [ N �I �I N ❑ q , El ❑ IL..1iLL Flrn�-'I \ CD El El El v ❑ ❑ a C7 I I I ❑ a_ \ ❑ T Ll E] ❑ CL --j m D ❑ q ❑ ❑ L - D ❑ y ❑ I 11 I \ I \ \ \ _ Q CD x m ❑ ❑ Ll El ❑ v r,c K ❑ `s o m -I � ❑ ❑ ❑ M4❑ ❑ ❑ rmq a mem - m om 45o ❑ � � � z ° my ❑ m �9 956, \ \ CD m DG7r m r �m ❑ ❑ om- � °1 =� m � n v ° nro m ® � ❑ o " 1 \ I • e_ ❑ mmm CD r- ❑ -< D ❑ m ❑ o z /� ❑ w 71 m ❑ r? Cm ❑ ❑ 8 ❑ 8 ❑ � Z = �, 1 ❑ ❑ 4x Cz � z m ® ❑ I ❑ II \ \ ® o ❑ v o ❑ � ❑ ❑ o ❑ ❑ ❑� --i CI- y� ❑ ❑ v ❑ Om ox ❑ r II 9S \ _ ❑ El �m 4 ❑ � n� m ❑ ® rnc ' ot3Io ❑ � El � IJmLI❑ � ❑ z ❑ ® 711 m m M -1 [u; Zv_ v � z m � D D ❑ ❑ E] El � m Dv �eZ Boli ILII ❑ d� CD -0 El El � -< (D C) m r � ® ❑ 4 -� D � Z❑ p❑ Z ® U ❑ � <� Z ❑ D8 -C D ❑ D r 1 1 El r- ❑ ❑ " rC) m " � ❑ ❑ m 'm ms ❑ m ❑ � � n oDM r-L] ,--r ❑ ❑ r -D M ❑ xD ❑ ❑ D v -U= Z4m ❑ Z \ m 4 � m4m m ❑ rl oe ❑ ❑ D I- T 9 \ ❑❑ \ El -< -0 � D El r_ E:] El EEl CD 1:1 j ❑ moZ ® -i lD LJ s � \ p CD m❑ m❑ o ❑ m I 6 o CD oD❑ oD H El � z ❑ PI I ❑ \ 4 4 ❑ o e � o o o ❑ I /J I / I ❑ ❑ 0 957 J Q m l I77 F7 \ ❑ _U ❑ ❑ ❑ \ b s z -Zi Z -Zi Z -Zi Z z z ❑ Z o El o o CD iv I ❑❑ El El a o ❑ + �+ + + + ❑ m ❑ II ❑ m + � + + + b- I o D c) + +El o / El � r \ II ❑ ❑ / I ❑ I III o❑ ❑ ❑ o +, ❑ o �4 ❑ I ❑ r ❑ l In I l + + + + + + + + + + _ r -U I I + + + + + + + + + + � II + + + + + a r ❑ O _ 0 El A o 0 0 a I ❑ 956 "* El E] Cf)C 0 O I I ❑ g J r �, o ❑ ❑ z D 8 C ❑' ❑ I I ❑+J El Ll ❑ I / El aoDrEl 4 zm o D❑ II ❑ qq CD eD O® 1 M o ❑.ami❑0z ® 0M lEll � DHno v I ❑ I t� M ❑ o® �gEl r r H ❑ L z x � j ElM El El P �_ D Dm o m -i oc�io4Elec. mG ° 3m ❑ ❑ r I Ej ❑ ® o r® a om El ` mp ❑ s ❑ ❑ ❑ ❑ I I ❑ ❑ ❑ � / _ I ❑ ❑ N I L ❑ ' r CD II ❑ s� EI II II L — ��—_ - - � CD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I o I ❑ I I I �� ❑ 0 0 a 0 0 0 0 0 0 - ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I �� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑� _ I - - - - - - - - _ - - - - - - - - - - - - - � _. v v d iv v d ;v v v = � El 2 o❑ ❑ o❑ a❑ o❑ o❑ oCL❑ o ❑ °�' I II r ❑ I I I v ao a° as Da =1 a'.-. Da n❑ I ❑ �' ❑ � ❑ �' ❑ � ❑ ❑ �' O �' ❑ ❑ N ❑ ❑ Z6 L - L - - - - - - - - - - - - - - - - N ❑ N ❑ N ❑ N ❑ N ❑ N❑_ N❑ N ❑ .G - fl I ° ❑ 5 ❑ ❑ ❑ ❑ ❑ ❑ L. 91 \ CD N II (D INI (D N 'II IN f (D � T 1 1 I ❑ CI v \ 1r \ °I 1 1 I \ o o � 0 r ❑ D ® D ❑ j > C) 4 ❑ ❑ D ❑ C) D ❑ D a Meter- ❑ — CD 0 cc -s � v CD 8 ' p) N v R fD ly v a R I 00 Ll El CD CD E r ❑ o C) BQ' o ❑ Q- ❑ � � m � o � ❑ o �o = g > Sv aBW oSS � � � D ❑ ❑ o D El CD Q4 Som ❑ gym � Qo � F ❑ °' mM D ❑ v _ 8 m r � — Ba ❑ ❑ Q ❑ :3 `� W Q El❑ rm mm 4 � � fn ID 71 ❑ � ❑ � m Q- o Ba oQa a � cn > oD � ❑ a ® 4 E]E7 CL C�D m D 0) v CD 4 m � 'v z z � a ❑ 6FT 11 g ❑ a ❑ 8 a ❑ a4 4 ❑ a ❑ -� � �n a � e aEl ❑ ❑ CD CD B ❑ ❑ � • o z cQ �' m r ❑ rn —_ v = DFa a My < -4 ❑ Q 9 ❑ Hv Z ❑ E [] m m pCD ❑ ❑ ❑ m [] W '0 ITI _q SU CD ❑ C 61 D f TI ❑ H � ® Z z 4 ❑ C) Z o R ❑ o ❑ S Ll o o ❑❑ S rnH CI- m D CL ❑� ❑ 0 0 m W L1 FD CD z Sy 7 ❑ m E m ❑CD CD ❑ Q 4 sv Q Q Q R ❑ II o n _ m e ❑ 008 a ❑ � ❑❑ �, D - Z o CANOPY DRIP-LINE H 8 ❑ m 8 � 9 CL r- _ 971 z �- m ❑ Q C1 q r- o CL 70 z 0 4 ❑ ❑ am `< v CL � � v v 4 - o 8 4 v Q � (D a 4 -0 o Q ❑ I ` CDQ CL CD L1 8 ❑ 04 a Q � m r m ' < _ ❑ m D - _ D im MEl _ 0 4 z ° ❑ El Z E ' z —' ❑ 0 EI m m D 6.. � `tom r o❑i o � ❑� � T _ R? ❑ V o LI W a CD •• 8 o CD ❑ ❑ m CD CD � 4 � ❑ Z L >- a � � 4 0 m m EI ❑ Q a ❑ a ❑ I _ ❑ a v m ILI, � � a CL 0 0 0 H 4 ❑ m m a �J f lk Am mLi IIII�IIIIIIII D q — z M ''III li I G D — I 7_ c ❑ ❑ ❑ n q❑q m °' ❑ o �o` � CD Q ❑ ❑ ❑ ❑ CD 4 EI � 4 4 CD °1 m CD a � a n H Q_ '0 CL � a -5 a CD o ❑ H o SHEET: PREPARED FOR: PROJECT NAME/LOCATION: hereby me or underthat this my direct an was prepared on and ru DESIGNED: M NO. REVISION ISSUE DATE by M A R K E LL that I am a duly registered LANDSCAPE L A B E R E E DESIGN ARCHITECT under the laws of the State DRAWN: M OTTO ASSOCIATES INC. VALLEY OAKS DENTAL of Minnesota. GROUP L 1 Lee Markell E CELENT -D AVEn CHECKED: LM Landscape Plan NORTH 1222MN-2_°- Date: 2-25-2016 A 2 7 1 DATE: 2 1 \ �.._Existing CB l Rim=953.76 � Existing xm ti953. N Son. MH � Rim=954.74 W 1 1/2" BITUMINOUS WEAR COURSE (MNDOT 2360 SPWEA240B) Existing CB _ co _ 2" BITUMINOUS BASE COURSE (MNDOT 2360 SPNWB230B) 0 20 40 Rim=953.79 S W . . _ . • _ • . _ . • A AGGREGATE A T 1 Feet \ \ S � W6" DIP � - 6 CLASS 5 B SE (MNDOT 3 38) \ \ Son. MH SS Rim=954.71 Iy COMPACTED SUBGRADE \ \ E. Inv.=944.01 SS j °Conc:.Apron. S. Inv.=943.97 \. _Existing Storm MH_ Ss W 1� W MEDIUM DUTY PAVEMENT SECTION LEGEND I\ /.. Rim=954.29 S� I _ Inv=944.55 Won. I Benchmark: tiY �' ST D f 54 �..� -8618/Curb & GutteS. � SS W /' -Rm=953.81 NOTE: SS denotes Underground Electrical Line T.N.H. QS RCS, / denotes Sanitary Sewer Line E/evotion=956.84 ��oco ..-0+74 3 SS W W W \ W W 1• CLASS 5 SHALL BE PLACED UNDER CURB & 1' BEYOND BACK OF CURB (N.G.V.D. 1929) / SS S Wiper 8"x4".,-SADDLE / SS S '-Edge ofBitumi ST denotes Storm Sewer Line 60 ST ° / `y reC rp �6" DIP Water Service e e t ... REVE EXIT CURB & Gl7TSTER SS SS W denotes Wotermoin Line Son. MH AS NECESSARY TO INSTALL CONC, w DENOTES MEDIUM DUTY SECTION Bituminous / VALLEY GUTTEp / Existing CB 7' ° a ° ST '-Rim=954.41 Road Jan. MH T denotes Telephone Line Q. j Inv.=944.45 / -Rim=953.61 Rim=953.79-' 4x ° .•� Inv. 945.83 j / \ \ 55.322" ST ST ;/ Inv.=944.77 �.--Curb & Gutter FO- denotes Fiber Optic Line 5 .05 d- ° ST 7' - denotes drainage & utility easement N72241 9 57"W " 4-1 .. ST T - " 9 �85� _ S Conr Aprgn 4 - - - - Y 10.82 CONNECT TOS SS i denotes building setback EXIST. 6" DIP d=10'24'35": a S ° - _ // =100. 30' Along street O PROP9sED SIGN LCCA TION-•••�•• w - - - �h : % °3 15' Side & Rear 24 / - - - - - :\ ; - - " - - - - - - - - - r o PED. RAMP N OWNER: `0 �� / / - ' rn -6' CONC. SIDEWALK L=9.97 _ j ROOPNAR/NE & ANNIE BOOD00 o� // NN -Z - Rocks �. �..._ - 13500 GRAND AVENUE a'N � -A o - 24_1 j''/- °L4onc: Sidewalk BURNSVILLE, MN 55337-2713 3" BITUMINOUS WEAR COURSE (MNDOT 2360 SPWEA240B) APPL ICA NT.• zi� �� % 2" DOMESTIC WATER 4" CLASS 5 AGGREGATE BASE (MNDOT 3138) PRIMUS COMPANIES / .° •.� / A�)s / SERVICE W/2" CURB STOP \• m COMPACTED SUBGRADE ATTN. JASON DREWELOW �� �.. �` INV=948.0- -"' / ® .o LIGHT DUTY PAVEMENT SECTION 401 8TH AVENUE SE / co / / _ •• o 0 0 /: - - - - - - - CEDAR RAP/DS, IA 52401 \F\ LU 6" ,V1 319-393-4831 a NOTE: 0 / ��` �' PATIO _..._...-HVAC•... 5 I / j ° �• I 1• CLASS 5 SHALL BE PLACED UNDER CURB & 1' BEYOND BACK OF CURB / / O�v / -I•• \ o i PID #018120103021 ° PROPOSED ` FUTURE I _ PROPOSED ZONING: RETAIL BUSINESS BUILDING o I I I o ADDITION PROPOSED PROPERTY DESCRIPTION: �� •'•�,/ ° 0 4,000 SF ° I I LOT 1, BLOCK 1, VALLEY OAKS DENTAL, DAKOTA COUNTY, 4 1 I o M/NNESO TA v� / / /• -5' CONC. SIDEWALK W/INTEGRAL CURB-•••- 4 I o, I u 0,. LOT AREA = 1.05 ACRES (45,761.64 SF) INSTAHANDICAP & VAN Son. MH :T LL o I m 'A� / 'BIKE RACK. ACCESSIBLE SIGN & PAIN D LOGO I Rim=955.48 ° l 5 o I o: o o - -- -82.84 - - •••-•••- - I `�� R=1 S BUILDING COVERAGE. 4,000 SF (8.79,) / o o \ i -PED. RAMP PROPOSED IMPERWOUS.• \ II5 I tis 3 D . < 20,031 SF (43.89) oa ° ° 3/4" FT. N ° / P9 ° 1O° ° ° Q ° PER PARK/NG REQUIRED: 1 SPACE PER 150 SF FLOOR SPACE _ v o°•° ...-32.87-------- Exis 5 4 4000 SF/150 = 27 SPACES PED. RAMP 9 I 4 PARK/NG PROVIDED: 30 SPACES (2 ACCESSIBLE) iy ' ��I 144 y S I 24.2 - - - - - -4- < 1 STAL / I I 12"moi--8's 20 NOTES: j / �•• ; I 1. DIMENSIONS MEASURED OFF THE PROPERTY LINES ARE PERPENDICULAR TO THEM. I I I Conc. 2. DIMENSIONS ARE TO BACK OF CURB. / PED RAMP LAND/NG ! \... TIP GUTTER ou T. 6 612 CONCRETE J. REFER TO ARCHI TEC TURAL PLANS FOR ADDITIONAL BUILDING AND SITE INFORMATION. W/TRUNCATED DOME I •- I- I 4. PRIOR TO AN Y EXCA VA TION THE CON TRAC TOR SHALL VERIFY THE L OCA TION OF ALL UNDERGROUND U TIL I TIES. cn Q 6612 CONC. CURB & GUTTER-••. -4" WIDE PAINTED N I I CURB AND GUTTER CALL GOPHER STATE ONE CALL 48 HOURS BEFORE DIGGING. N. ^ YELLOW STRIPE, TYP. I I I I 5. CONSTRUCTION SHALL CONFORM TO THE CITY OF APPLE VALLEY SPECIFICATIONS AND DETAIL PLATES. 6. PEDESTRIAN RAMPS SHALL CONFORM TO LATEST MNDOT CURB RAMP DETAIL PLATES. Bits 7. CONTRACTOR SHALL COMPLY WITH RECOMMENDATIONS OF GEOTECHNICAL REPORT PREPARED BY HAUGO I I GEOTECHNICAL SERVICES. I I �� TyP •••-•••- -49.84 -•••----- --I I 8. WA TERMA/N SHALL BE INSTALLED Wi TH A MIN/MUM OF 7.5 OF COVER. �'s I I 1 STALL rn I QS��� I I 9. A MINIMUM OF 18" OF SEPARATION SHALL BE MAINTAINED BETWEEN WA TERMA/N AND OTHER U TIL I TIES AT -... .... ...-.. -...-..-...- ..-... -... -.. -.. ....... CROSSINGS 60 Fp I I J� I I 10. CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES PRIOR TO ANY F I I -Trash Enclosure I O F F F CONSTRUCTION. EE �...-...-...- -... ..-. .�...-151-...-...-...-...-...-...-...-...-...-...-...-...-...-... - � N (,I_•••- Small Trees E I I 11 tri - 243.15- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �- - - - - - - - - - - - - - - - - - T T T 143.15 T T T 100.00 Tree L e °. a 5y4 7` N89 55 03"W 427.07 ° ao \ 10.00��� /: ° 4' ° v a. a t0 ° N Existin Well a / a d a °. a . PANS g \ -...-Edge of Bituminous °Conc.'Pod ° a R fER. �'a W/ Trash �..-Edge of Bit.- I ° / ° a a / bonc.°° Shed �. I / / ° Enclo��re � d r ° 6' �.. . �.� N i 0 6' ----Curb ° a _...:..._Curb & Gutters Curb & Gutters:..-...-...-...-...-...-...-... 6 6" Bituminous Lot ° °° 4" CL. 5 AGG. BASE d ° 80 I 5 CONC. WALK (CLASS 3W32C) / 4" AGGREGA TE BASE, CL. 5 4" CONCRETE (MIX 3A32) MNDOT SPEC 2521 0 CONRETE SIDEWALK ALONG PUBLIC STREET CONRETE SIDEWALK W/INTEGRAL CURB NOTES: 1. PROVIDE EXPANSION JOINT MATERIAL AT 100' MAX SPACING AND 6' SPACING FOR TRAWLED JOINTS. 2. PROVIDE EXPANSION JOINT MATERIAL ALONG BOTH EDGES OF WALK, WHERE WALK IS CONTAINED BETWEEN FIXED OBJECTS. 3. JOINT SPACING SHALL BE EVERY 6'. REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR www.ottoassociates.com PROJECT NO: 1 8/10/16 CSO SIDEWALK; SERVICES UNDER MY DIRECT SUPERVISION AND THAT IAM A DULY VALLEY OAKS DENTAL 2 8/15/16 CSO SIDEWALK CONNECTION C.S.O. T•J.B. REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF 9 West Division Street SI TE & UTI L I TY PLAN THE STATE OF MINNESOTABuffalo, MN 55393 16-0246 . CHECKED TTO (763)682-4727 PRIMUS COMPANIES C.S.o. Cara M. Schwohn Otto SSOCIATES Fax:(763)682-3522 APPLE VALLEY MN SHEET NOC2 OF C7 SHEETS DATE: DATE: 8/15/16 LICENSE NO. 40433 Engineers&Land Surveyors, Inc. . 7-5-16 _ : : t,.. n�.... � y„ , "` _ � �-a ,� ..�. ». '.w. __ �..,� ., i i ,, �' �� �. ;. �'. j .. - _�� a 9 9y. 9/22/2016 Valley Oaks Dental City Council Meeting September 22, 2016 0 APV.111, ■ Location f 777Iapple 1e: vaii�Y 1 9/22/2016 Oblique Aerial Photo 1 A11,1L 1ey ■ Requested Actions Public hearing for vacation of easements. If no objections received, complete vacation of drainage and utility easements. Adopt resolution approving the final plat and development agreement for Valley Oaks. A�Va11ey ■ 2 9/22/2016 Landscape Plan L mm�J r T— AIMI Valley Elevations �r Aualley ■ 3 9/22/2016 Vacation of Drainage & Utility Easements Valley Commercial Park 2nd Northrup Conklin Addition Addition "= LU q H i6" � moi` �•>�'��gFE1'!— eiT'r�.�_1�J/ F i' •":Y'J: Easements to Be Vacated 10 Final Plat Valley Oaks VALLEY OAKS—— --- _--_ -—�---^ ^— x�,Ilt _ _ .,,, fi �- - ,;c.,�•,;'�' -��--- _�= lig ■ 4 9/22/2016 Recommended Action 1. Hold public hearing to consider vacation of easements on Lots 1, 2, and 3, Block 3, Valley Commercial Park 2nd Addition and Lot 1, Block 1, Northrup Conklin Addition (Preliminary Platted as Valley Oaks). Adopt Resolution Completing Vacation of Easements on Lots 1, 2, and 3, Block 3,Valley Commercial Park 2nd Addition and Lot 1, Block 1, Northrup Conklin Addition (Preliminary Platted as Valley Oaks). Adopt Resolution Approving Final Plat, Development Agreement and Infiltration Maintenance Agreement for Lot 1, Block 1 Valley Oaks (14600 Granada Drive)and authorize Mayor and City Clerk to execute all documents,Subject to , 5 Final Changes Approved by the City Attorney and City APO. Administrator. vlla, ■ Questions? APtIl, ■ 5 *00 *000 *000 09000 ITEM: 5.C. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Regular Agenda Description: Frontier Communications of Minnesota, Inc., Franchise Staff Contact: Department/ Division: Charles Grawe,Assistant City Administrator Administration / Information Technologies ACTION REQUESTED: 1. Adopt resolution approving Frontier cable franchise application. 2. Pass ordinance granting franchise to Frontier Communications of Minnesota, Inc., to construct, operate, and maintain a cable system in the City of Apple Valley. (Recommend waiving second reading) 3. Adopt resolution approving summary publication of cable ordinance. SUMMARY: Frontier Communications submitted an application for a competitive cable franchise in Apple Valley. The City held a public hearing on the application on May 12, 2016. Negotiations of a franchise ensured. A draft franchise was prepared and presented to the Apple Valley, Farmington, Rosemount Cable Commission at meetings on August 29, and September 7, 2016. The Commission voted unanimously to recommend adoption of the franchise ordinance by the member cities subject to minor legal modifications by the city attorneys. The Apple Valley Telecommunications Advisory Committee voted 4 - 0 to recommend adoption of the franchise ordinance on September 12, 2016. BACKGROUND: The cable franchising process is largely defined in Chapter 238 of Minnesota Statutes. There is also relevant material found in case law, federal law, and Federal Communications Commission (FCC) rulings. A significant portion of these franchising rules surrounds the concepts of providing a mechanism for new entrants to provide competitive service in a market area, while doing so in a manner that provides a level playing field with the incumbent service provider. The three Cable Commission cities utilized the services of an attorney specializing in cable franchising to negotiate the terms of the franchise ordinance. At the meetings of the Cable Commission, both the incumbent cable provider and the franchise applicant had the opportunity to raise concerns regarding the proposed franchise. The Commission held a second meeting in order to allow the cable attorney the opportunity to address these concerns raised at the first meeting. While the City action at this meeting is not a public hearing, staff anticipates the representatives of Frontier Communications and Charter Communications will likely be present and wish to provide a few comments. There are two resolutions recommended for Council adoption. The first resolution applies to the original franchise application. The resolution finds that Frontier's application substantially complies with the instructions and provides the necessary information to make a decision and that the City has no legally sufficient basis to find Frontier legally, technically, or financially unqualified for a franchise. Upon adoption of the resolution regarding the application, staff recommends the City Council pass the proposed franchise ordinance. Upon passage of the franchise ordinance, the second resolution approves a sunumry of the ordinance for publication in the newspaper. Attached for your review are also the proposed ordinance, a memo from the cable attorney addressing the legal issues of qualifications, and a memo from the cable attorney highlighting the main points of the proposed franchise. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Ordinance Report Resolution Memo CITY OF APPLE VALLEY RESOLUTION NO. 2016- RESOLUTION APPROVING FRONTIER CABLE FRANCHISE APPLICATION WHEREAS, the City is a member of the Apple Valley, Farmington, Rosemount Cable Commission("Commission"); WHEREAS, the City has initiated the process for considering issuance of an initial competitive cable franchise under Minnesota law, Minnesota Statutes, Chapter 238; WHEREAS, the City received a timely franchise application from Frontier Communications of Minnesota, Inc. ("Frontier") dated April 22, 2016; WHEREAS, the application was considered by the City Council at a duly-noticed public hearing; WHEREAS, at the public hearing, Frontier representatives described the company's application and plans for delivery of cable services in the City; WHEREAS, Charter Cable Partners, LLC ("Charter") is the incumbent cable operator in the City; WHEREAS, Charter provided written comments regarding Frontier's application and, at the public hearing, a Charter representative commented on the application; WHEREAS, the Commission's legal counsel submitted a letter requesting that certain records and documents be included in the record concerning Frontier's application; WHEREAS, the Commission's legal counsel provided a memorandum dated August 24, 2016 addressing the issues raised by the application, public hearing testimony and written comments ("Memorandum"); WHEREAS, the Commission's legal counsel negotiated proposed franchise terms with Frontier; WHEREAS, the Commission considered the Memorandum and proposed franchise terms at special meetings on August 29, 2016 and September 7, 2016; WHEREAS, Frontier and Charter representatives attended and actively participated in the Commission's meetings; WHEREAS, the Commission unanimously recommended approval of the Frontier's franchise applications and adoption of the proposed franchises; WHEREAS, in accordance with Minn. Stat. § 238.081 and the City's application instructions, Frontier's application included information addressing financial, legal, and technical qualifications; WHEREAS, the application and public hearing testimony describe the company's proposal to operate a state-of-the-art network to provide competitive cable services in those portions of the City in which Frontier operates as the incumbent telephone company; WHEREAS, Minn. Stat. § 238.08, Subd. 1(b) provides for franchising of a competitive provider within an area already served; WHEREAS, Minn. Stat. § 238.084, Subd. 1(d) provides that cable franchises must be non-exclusive; WHEREAS, Minn. Stat., § 238.08, subd. 1 states that grant of "an additional franchise for cable service for an area included in an existing franchise" must not be "on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees." WHEREAS, 47 U.S.C. § 541(a)(1) provides that a franchising authority may not grant an exclusive cable franchise and "may not unreasonably refuse to award an additional competitive franchise;" WHEREAS, in 2007, the Federal Communications Commission ("FCC") adopted a Report and Order in its "Video Franchising" proceeding (MB Docket No. 05-311)("Order") concluding that "level playing field" requirements may result in unreasonable refusals to grant competitive franchises; WHEREAS, the Order preempts certain "level playing field" requirements applicable to cable competitors; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that the Frontier franchise application is approved upon the following findings: 1. Frontier's application substantially complies with the City's application instructions and requirements and provides the information necessary to make a decision. 2. As explained in the Memorandum, Frontier has not demonstrated that the Order preempts the "level playing field"requirements of Minn. Stat. § 238.08, Subd. 1. 3. As explained in the Memorandum, Charter has not demonstrated that it holds an "existing franchise" entitling it to the protections of Minn. Stat., § 238.08, subd. 1, and, even if Charter is entitled to such protections, the franchise terms negotiated with Frontier do not violate the statute. 4. As explained in the Memorandum, no legally sufficient basis to find Frontier legally, technically, or financially unqualified for a franchise has been presented. ADOPTED this 22nd day of September, 2016. Mary Hamann-Roland, Mayor ATTEST: Pamela Gackstetter, City Clerk ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO FRONTIER COMMUNICATIONS OF MINNESOTA, INC. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF , SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of (City)ordains: STATEMENT OF INTENT AND PURPOSES The City intends, by the adoption of this Franchise, to authorize the operation of a Cable System in competition with an incumbent franchised cable operator. Such competition can contribute significantly to the cable communications needs and desires of the residents and citizens of the City and the public generally. FINDINGS In the review of the request for a Franchise by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. Grantee's technical ability, financial condition and legal qualifications were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for operating the Cable System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by City complies with the existing applicable State statutes, federal laws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. SECTION 1 SHORT TITLE AND DEFINITIONS 1.1 Short Title. This Franchise shall be known and cited as the Cable Television Franchise Ordinance. 1.2 Definitions. For purposes of this Franchise,the following terms, phrases, words and their derivations shall have the meaning ascribed to them by the Cable Communications Policy Act of 1984, as amended from time to time (the "Cable Act"), unless otherwise defined herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words "shall" and"will" are mandatory and"may" is permissive. Words not defined shall be given their common and ordinary meaning. 1 (a) "Basic Cable Service"means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the franchise to be carried on the basic tier. Basic Cable Service as defined herein shall be the definition set forth in 47 U.S.C. § 522(3). (b) "Cable Act"means the Cable Communications Act of 1984 as amended, 47 U.S.C. §521 et. seq. (c) "Cable Service" or"Service" means: (i) The one-way transmission to Subscribers of(i)Video Programming, or(ii) Other Programming Service; and (ii) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. Cable Service as defined herein shall be the definition set forth in 47 U.S.C. § 522(6). (d) "Cable System," or"System"means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community,but such term does not include: (i) A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (ii) A facility that serves Subscribers without using any public Rights-of-Way; (iii) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et. seq., except that such facility shall be considered a Cable System(other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers; unless the extent of such use is solely to provide interactive on-demand services; (iv) An open video system that complies with 47 U.S.C. § 573; or (v) Any facilities of any electric utility used solely for operating its electric utility system. Cable System as defined herein shall be the definition set forth in 47 U.S.C. § 522(7). 2 (e) "Channel" or"Cable Channel"means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel. (f) "City"means the City of[Apple Valley, Farmington or Rosemount, Minnesota]. (g) "Cites"means the Municipal Code of the City of , as may be amended from time to time. (h) "Converter"means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber. (i) "Council"means the City Council of the City of , Minnesota. 0) "Day"unless otherwise specified shall mean a calendar Day. (k) "Demarcation Point"means a point agreed upon by Grantee and the City up to twelve inches outside the building wall consistent with 47 CFR §76.5 (mm) as may be amended. (1) "Drop"means the cable that connects the ground block on the Subscriber's residence to the nearest distribution point of the System. (m) "Effective Date" shall mean October 1, 2016. (n) "FCC"means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. (o) "Franchise"means this franchise and the regulatory and contractual relationship established hereby. (p) "Franchise Fee"means, in accordance with 47 U.S.C. § 542(g), any tax, fee, or assessment of any kind imposed by the City or other Governmental Authority on Grantee or cable Subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not include: (i) any tax, fee, or assessment of general applicability(including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or Subscribers); (ii) capital costs which are required by the Franchise to be incurred by Grantee for PEG Access facilities; (iii) requirements or charges incidental to the award or enforcement of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification,penalties, or liquidated damages; or(iv) any fee imposed under Title 17 of the United States Code. 3 (q) "Governmental Authority"means any court or other federal, State, county, municipal or other governmental department, commission, board, agency or instrumentality. (r) "Grantee"is Frontier Communications of Minnesota, Inc., a Minnesota Corporation, its lawful successors, transferees or assignees. (s) Gross Revenues"means any and all revenues actually received by the Grantee, as determined in accordance with generally accepted accounting principles ("GAAP"), from the operation of the Cable System to provide Cable Services in the Service Area. Gross Revenues shall not include any taxes, fees or assessments of general applicability imposed or assessed by any Governmental Authority, launch fees, tower rent, network capacity and facilities rent for the provision of non-cable services (including but not limited to voice or data services), investment income,bad debt, credits, refunds, any amounts collected from Subscribers for deposits, FCC Fees or PEG Fees. A Franchise Fee is not such a tax, fee or assessment. The City acknowledges and accepts that Grantee shall maintain its books and records in accordance with GAAP. The parties acknowledge that the Grantee may offer a bundle or package of Cable Services and non-Cable Services at a discounted rate. In order to calculate Gross Revenues, the Grantee will allocate revenues between Cable Services (which are subject to the Franchise Fee) and non-Cable Services (which are not subject to the Franchise Fee but may be subject to other fees and/or taxes) included in the bundle or package of services. Nothing in this section shall have any effect on Grantee's rates for other services that are rate regulated by the Minnesota Public Utilities Commission or Federal Communications Commission. The Grantee shall apportion the revenues generated from bundled or packaged services on a proportionate pro rata basis among the services offered unless such allocation methodology is directly in conflict with GAAP, in which case Grantee shall allocate bundled revenues in accordance with GAAP, and in no event shall the Grantee allocate the revenues to evade its Franchise Fee obligations under this Franchise or disproportionately reduce Gross Revenues. (t) "Installation"means the connection of the System from distribution cable to the point of connection, including Standard Installations and custom Installations. (u) "Normal Business Hours"means those hours during which most similar businesses in the City are open to serve customers. In all cases, "Normal Business Hours"must include some evening hours at least one (1) night per week and/or some weekend hours. Cable System Normal Business Hours as defined herein shall be the definition set forth in 47 C.F.R. § 76.309(d). 4 (v) "Normal Operating Conditions"means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include,but are not limited to, natural disasters, civil disturbances,power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. Normal Operating Conditions as defined herein shall be the definition set forth in 47 C.F.R. § 76.309(d). (w) "Other Programming Service"means information that a cable operator makes available to all Subscribers generally. Other Programming Services as defined herein shall be the definition set forth in 47 U.S.C. § 522 (14). (x) "PEG"means public, educational and governmental. (y) "Person"means any individual or any association, firm, general partnership, limited partnership,joint stock company,joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit. (z) "Qualified Living means a I iving unit capable of receiving Cable Service. (aa) "Service Area"means that portion of the City, as it is now constituted or may in the future be constituted, in which Grantee is authorized to provide local exchange telephone service as the incumbent local exchange carrier, unless otherwise specified in this Franchise. (bb)"Service Interruption"means the loss of picture or sound on one (1) or more Cable Channels. Service Interruption as defined herein shall be the definition set forth in 47 C.F.R. § 76.309. (cc) "Standard Installation" means any residential Installation to a Qualified Living Unit. (dd)"State"means the State of Minnesota. (ee) "Right of Way" or"Rights-of-Way"means the area on,below, or above a public roadway, highway, street, cartway,bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units including the City. (ff) "Subscriber"means any Person who lawfully elects to subscribe to Cable Service via the System. Subscriber as defined herein shall be the definition set forth in 47 C.F.R. § 76.5(ee). 5 (gg)"Video Programming"means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. Video Programming as defined herein shall be the definition set forth in 47 U.S.C. § 522(20). 1.3 Written Notice. All notices, reports or demands required or permitted to be given under this Franchise shall be in writing and shall be deemed to be given when delivered personally to the party designated below, or when five (5) Days have elapsed after it has been deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, or on the next business Day if sent by express mail or nationally recognized overnight air courier addressed to the party to which notice, report or demand is being given, as follows: If to City: City of If to Grantee: Jack Phillips Frontier Communications 14450 Burnhaven Drive Burnsville, MN 55306 Such addresses may be changed by either party upon notice to the other party given as provided in this section. SECTION 2 GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Franchise Required. It shall be unlawful for any Person to construct, install, operate or maintain a Cable System or to offer Cable Service in the City unless such Person or the Person for whom such action is being taken shall have first obtained and shall currently hold a valid cable television franchise. The City shall at all times comply with the level playing field statute at Minnesota Statutes Section 238.08 and any other applicable state or federal level playing field requirements. 2.2 Grant of Franchise. (a) This nonexclusive Franchise is granted pursuant to the terms and conditions contained herein. The City hereby authorizes Grantee to occupy or use the City's Rights- of-Way s subject to: 1)the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all generally applicable nondiscriminatory and competitively neutral provisions of the City Code. Nothing in this Franchise shall be construed to prohibit Grantee from: (1)providing services other than Cable Services; or (2) challenging any exercise of the City's legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other 6 services to the extent not prohibited by applicable law and no provision herein shall be construed to limit or give up any City right to regulate. (b) The City shall endeavor to require developers of future subdivisions to allow and accommodate the construction of the System as part of any provisions for utilities to serve such subdivisions. (c) The Grantee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance related to the safety, health, and welfare of the public or use of Rights-of-Way, to the extent that the provisions of the ordinance do not conflict with this Franchise. This Franchise is a contract and except as to those changes which are the result of the City's lawful exercise of its general police power, the City may not take any unilateral action which materially changes the explicit mutual promises in this contract. Any changes to this Franchise must be made in writing signed by the Grantee and the City. In the event of any conflict between this Franchise and any City ordinance or regulation that is not generally applicable, this Franchise shall control. Grantee reserves all rights it may have to challenge any modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (d) Nothing in this Franchise shall (a) abrogate the right of the City to perform any public works or public improvements of any description, (b)be construed as a waiver of any codes or ordinances promulgated by the City, or(c)be construed as a waiver or release of the rights of the City in and to the Rights-of-Way, or(d)be construed as a waiver or release of rights of the Grantee. (e) This Franchise complies with the Minnesota franchise standards set forth in Minnesota Statutes Section 238.084. The City and the Grantee shall conform to Minnesota laws promulgated subsequent to the date of this Franchise. The City and the Grantee shall conform to federal laws and regulations as they become effective. 2.3 Additional Providers (a) The Franchise granted herein shall be nonexclusive. (b) In the event City initiates the franchising process pursuant to Minn. Stat. §238.081, the City shall notify Grantee in writing or by publication of notice of its intent to initiate the franchising process at least twenty(20) days prior to doing so. (c) Grantee shall have the right to terminate this Franchise and operate the Cable System to the extent provided in any future amendment to applicable state or federal law. 2.4 Term. The initial term of this Franchise shall be for the period of five (5) years from the Effective Date unless renewed, revoked or, terminated sooner as herein provided ("Initial Term"). The Initial Term may be extended by mutual agreement of the parties. 7 2.5 Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligation under this Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the City Code or applicable law. 2.6 Service Area and Service Activation. (a) This Franchise is granted for the Service Area. Grantee shall design, construct and maintain the Cable System in the Service Area in accordance with Minn. Stat. Section 238.084. As the Cable System is constructed and made capable of providing Cable Service, Grantee shall activate and offer Cable Service to Qualified Living Units within a reasonable period of time. No Person shall be refused Service arbitrarily. (b) Throughout the term of the Franchise, Grantee shall annually meet with City representatives to report on the progress of Cable System construction and Service activation and, at such annual meetings, shall provide current Service Area maps. Grantee's annually updated maps may be marked as "Trade Secret"in which case the City shall maintain them accordingly under the Minnesota Data Practices Act, Minn. Stat. Ch. 13. SECTION 3 CONSTRUCTION STANDARDS 3.1 Permits. Grantee shall not construct any Cable System facilities until Grantee has secured the permits from City required by applicable law. 3.2 Grantee's Facilities and Equipment. (a) In those areas of the City where transmission or distribution facilities of all the utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground. (b) Grantee shall be granted access to any easements granted to a public utility, municipal utility or utility district in any areas annexed by City or new developments. (c) In those areas of the City where Grantee's cables are located on the above- ground transmission or distribution facilities of the utility providing telephone or electric power service, and in the event that the facilities of both such utilities subsequently are placed underground, then the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities underground. 8 (d) Certain of Grantee's equipment, such as pedestals, amplifiers and power supplies,which normally are placed above ground, may continue to remain in above-ground closures. 3.3 Conditions on Right-of-Way Use. (a) Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading,paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work consistent with applicable law. (b) Relocation for the City. The Grantee shall, upon receipt of reasonable advance written notice, temporarily disconnect, relocate, or remove any property of Grantee when lawfully required by the City pursuant to its police powers. Grantee shall be responsible for any costs associated with these obligations to the same extent all other users of the City rights-of-way are responsible for the costs related to the relocation of their facilities. (c) Relocation for a Third Party. The Grantee shall, on the request of any Person holding a lawful permit issued by the City, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Right-of-Way as necessary any property of the Grantee, provided that the expense of such is paid by any such Person benefiting from the relocation prior to Grantee commencing the work required and the Grantee is give reasonable advance written notice to prepare for such changes. The Grantee may require such payment in advance. For purposes of this subsection, "reasonable advance written notice" shall be no less than ten (10) business days in the event of a temporary relocation and no less than one hundred twenty (120) days for a permanent relocation. (d) Reimbursement of Costs. If funds are available to any Person using the Rights-of-Way for the purpose of defraying the cost of any of the foregoing, the City shall reimburse the Grantee in the same manner in which other Persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall make application for such funds on behalf of the Grantee. (e) The Grantee shall, on request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten(10)Days advance notice to arrange for such temporary changes. (f) Nothing in this Franchise shall be construed to prevent the City from adopting and enforcing requirements for the usage of Rights-of-Way, or from constructing,maintaining, repairing or relocating utility facilities, streets or sidewalks, or from grading,paving, maintaining,repairing,relocating and/or altering any Right-of-Way. 9 (g) All System facilities shall be located so as not to obstruct or interfere with the use of Right-of-Way and public utility installations, and so as not to unnecessarily interfere with the usual and customary trade,traffic, or travel upon the streets and public places in the franchise area or endanger the life of property of any Person. 3.4 Tree Trimming. Grantee shall have the authority to trim trees, in accordance with applicable law. 3.5 Protection of Facilities. Nothing contained in this section shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid damaging Grantee's facilities while performing any work connected with grading, regrading or changing the line of any Rights-of-Way or public place or the construction or reconstruction of any sewer or water system. 3.6 Safety requirements. The Grantee shall at all times keep and maintain the System in good condition, order, and repair so as to avoid endangering the life or property of any Person; employ ordinary and reasonable care and common industry practices to avoid causing damage, injuries, or nuisances to the public, and; keep and maintain the System in accordance with all federal, state and local laws and regulations including the National Electric Safety Code. 3.7 Drop burial. Grantee shall bury all drops in a reasonable time period which shall not exceed ten (10) business days, subject to weather conditions and the completion of required utility locates. In the event the ground is frozen, Grantee shall be permitted to delay burial until the ground is suitable for burial which in no event shall be later than June 30th. 3.8 Repair of Rights-of-Way and property. Any and all Rights-of-Way or public property disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly and fully restored by Grantee at its expense in accordance with any applicable ordinance governing Rights-of-Way. SECTION 4 DESIGN PROVISION 4.1 Cable System Design and Functionality. The Grantee shall operate a Cable System with the functional equivalent of a 750 MHz Cable System (in terms of video offerings and functionality). 4.2 Programming Decisions. (a) Grantee shall carry broad categories of video programming, including local news, sports, and entertainment. Any change in the broad categories of video programming or other information services shall require City approval consistent with 47 U.S.C. §544(b),which approval shall not be unreasonably withheld. 10 (b) Grantee shall comply with federal law regarding notice to the City and Subscribers prior to any Channel additions, deletions, or realignments. 4.3 Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum, with applicable technical standards promulgated by the FCC relating to Cable Systems including, the extent applicable, Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. 4.4 Special Testing. City may reasonably require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. Before ordering such tests, Grantee shall be afforded thirty(30)Days to correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty(30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted by a qualified engineer mutually selected by City and Grantee based on a mutually agreed upon scope of work. The parties shall bear their respective costs for the testing. 4.5 FCC Reports. The results of tests required to be filed by Grantee with the FCC shall also be copied to City within ten(10) Days of filing such report with the FCC. 4.6 Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (EAS) consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency officials for activating the EAS consistent with the Minnesota State Emergency Statewide Plan("EAS Plan"). 4.7 Parental Control Lock. Grantee shall provide, for sale or lease, to Subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any Channels offered by Grantee. SECTION 5 SERVICE PROVISIONS 5.1 Rate Regulation. The City reserves the right to regulate rates for Basic Cable Service (hereinafter referred to as "the lowest cost level of Service") and any other services offered over the Cable System, to the extent authorized by applicable law. 5.2 Leased Channel Service. Grantee shall offer leased channel service on reasonable terms and conditions and in accordance with applicable law. 11 5.3 Service to Public Buildings. Subject to applicable law, the Grantee shall provide, free of charge, the lowest cost level of Service, and any Converter or other device necessary to receive such Service, to one (1) Drop at City Hall and,within one (1) year of the Effective Date, such institutional buildings as are listed in Exhibit A, and such additional institutional buildings that may be identified by the City and are a Qualified Living Unit, so long as such building is not currently served by another Cable Operator. 5.4 Consumer Protection and Service Standards. Grantee shall comply with the FCC Customer Service Rules at 47 CFR §76.309, and the following: (a) Complaint records. Subject to Grantee's need to maintain the privacy of certain information, the Grantee shall at all times maintain a record of all written complaints received regarding interruptions or degradation of Cable Service and the resolution of such complaints, which shall be maintained for one (1) year. Upon request, Grantee shall make available for the City's review a written summary of such complaints and their resolution in accordance with Sections 7.3 and 7.4 herein. Upon request, Grantee will also make reports available with respect to the objectively measurable service standards established at 47 CFR §76.309. (b) Additional customer service requirements. The City expressly reserves authority to adopt additional or modified customer service requirements to address Subscriber concerns or complaints in accordance with law and Sections 7.3 and 7.4.herein. 5.5 Standard Installations. The Grantee shall provide Standard Installations without charge to every Qualified Living Unit. 5.6 Sales Procedures. Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulation. 5.7 Subscriber Contracts. Grantee shall, upon written request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee's current Subscriber rates and charges for Cable Service shall be maintained on file with City and shall be available for public inspection. For purposes of this section, the availability of this information on Grantee's website shall constitute compliance. 5.8 Refund Policy. If a Subscriber's Cable Service is interrupted or discontinued, without cause, for twenty-four(24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty(30) Days. 5.9 Late Fees. Grantee shall comply with all applicable laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. 12 5.10 Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee's Service or performance to the chief administrative officer of the City or the chief administrative officer's designee, which may be a board or Commission of the City. Grantee shall endeavor to resolve Subscriber complaints within thirty(30) days. 5.11 Customer Bills. Customer bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Customers, and in a way that(a) is not misleading and (b) does not omit material information. Notwithstanding anything to the contrary in Section 5.4(d), above, Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. §542(c)). 5.12 Local Offices and Repair Phone Line. Grantee shall provide a conveniently located customer service office which shall be staffed and open during Normal Business Hours. Grantee shall also maintain a local or toll-free telephone Subscriber repair line, available to its Subscribers twenty-four(24) hours per Day, seven (7) Days a week. 5.13 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 5.3(e), the twenty-four(24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to contacting the City. 5.14 Subscriber Privacy. To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall comply with the following: (a) No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. For purposes of this provision, a "class IV cable communications channel" means a signaling path provided by the System to transmit signals of any type from a Subscriber terminal to another point in the System. (b) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's 13 business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. (c) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (b) of this section. 5.15 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. SECTION 6 PUBLIC ACCESS PROVISIONS 6.1 Public, Educational and Government Access Facilities. City or its designee is hereby designated to operate, administer,promote, and manage the PEG programming (hereinafter"PEG Access")to the Cable System established pursuant to this Section 6. Grantee is responsible for PEG Access only as set forth in this Section 6 and Exhibit B. 6.2 Grantee Support for PEG Usage. In accordance with the provisions of the Cable Act and Minnesota Statutes Section 238.084, Grantee shall provide and make available for PEG Access usage within the Service Area the following: (a) Provision and use of the funds and Channels designated in Exhibit B of this Franchise for local educational and governmental programming and access use in accordance with the requirements of Exhibit B. (b) Maintenance of the PEG Access Facilities and Channels, and support of educational and governmental programming to the extent specified in Exhibit B. (c) PEG Access Facilities shall be operated by the City and PEG Channels shall be programmed by the City or its lawful designee. SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS 7.1 Franchise Fee. (a) During the term of the Franchise, Grantee shall pay quarterly to the City a Franchise Fee of five percent (5%) of Gross Revenues. In no event shall the definition of Gross Revenues be different for any franchised cable operator in the City. (b) Each Franchise Fee payment shall be paid quarterly not later than forty- five (45) Days following the end of a given quarter and shall be accompanied by a 14 Franchise Fee Payment Worksheet substantially in the form attached hereto as Exhibit C. Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than forty-five (45) Days after the dates specified herein shall be past due and subject to interest at an annual rate of the prime interest rate, as published by the Wall Street Journal, during the period of underpayment plus I%. (c) Except as otherwise provided by law, no acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise Fee under this Franchise or for the performance of any other obligation of the Grantee. (d) No more than once every three (3) years and upon thirty(30) Days prior written notice, City shall have the right to conduct an independent review/audit of Grantee's records solely for the purpose of assessing Grantee's compliance with the Franchise Fee obligation herein. In the event an audit reveals an underpayment of five percent (5%) or more of the Franchise Fee amounts due during the period audited, the Grantee shall reimburse the City's audit fees and expenses in full up to a maximum of $5,000. 7.2 Reports. (a) Grantee shall provide City with an annual statement, within ninety(90) Days of the close of each calendar year end, reflecting the total amounts of Gross Revenues and all payments, and computations of the Franchise Fee for the previous calendar year. (b) Upon request, Grantee shall provide City with a summary of service calls, identifying the number, general nature and disposition of such calls shall be submitted to the City within thirty(30) Days following its request in a form reasonably acceptable to the City. (c) All reports and records required under this Franchise shall be furnished at the sole expense of Grantee, except as otherwise provided in this Franchise. 7.3 Records Required and City's Right to Inspect. (a) Grantee shall at all times maintain a full and complete set of plans, records and"as-built" drawings and/or maps showing the location of the Cable System installed or in use in the City, exclusive of Subscriber service Drops and equipment provided in Subscribers' homes. (b) Subject to the privacy provisions of the Cable Act and"Trade Secret" designation of certain records under the Minnesota Data Practices Act, Minn. Stat. Ch. 13, throughout the term of this Franchise, the Grantee agrees that the City,upon reasonable prior written notice of thirty(30) Days to the Grantee, and no more than once per calendar year, may review such of the Grantee's books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area 15 which are reasonably necessary to monitor and enforce Grantee's compliance with the provisions of this Franchise ("Records"). Such notice shall specifically reference the section(s) of the Franchise that are under review so that the Grantee may organize the necessary Records for easy access by the City. Grantee shall make available for review such Records as soon as possible and in no event more than thirty(30) Days unless Grantee explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such Records pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a period of six (6) years, pursuant to Minnesota Statutes Section 541.05. The Grantee shall not deny the City access to Records on the basis that they are under the control of any parent corporation, affiliated entity or a third party. Grantee shall provide all Records requested by the City or City's agent in the following manner: 1) at a conference room in City Hall; or 2) at Grantee's office located in or near the City; or 3)via mail or electronic communication acceptable to the City and Grantee. All Records shall be subject to the provisions of this Franchise and applicable law regarding confidentiality. 7.4 Confidential Information. (a) Subject to applicable law, and except as otherwise expressly provided herein, Grantee may provide confidential Records that it is obligated to make available to the City pursuant to this Franchise,by allowing the City, or its designated representative(s), to view the Records at a mutually agreeable location and without City obtaining its own copies of such Records. Grantee may also choose to provide any confidential or proprietary Records pursuant to a mutually acceptable non-disclosure agreement with a City designated agent. The intent of the parties is to work cooperatively to insure that Records reasonably necessary for City's monitoring and enforcement of Franchise obligations are available to City while protecting Grantee's confidential information all in accordance with applicable law. To the extent that Grantee does provide Records directly to the City, City agrees to not disclose Records except as required by applicable law. Grantee shall be responsible for clearly and conspicuously identifying the Records as "Trade Secret." Grantee acknowledges that the Minnesota Data Practices Act, Minn. Stat. Ch. 13, limits the City's ability to refuse public disclosure unless data or information constitutes "Trade Secrets" or otherwise is protected from disclosure under the Act. (b) If the City believes it must release any confidential or proprietary Records in the course of enforcing this Franchise, or for any other reason including compliance with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. The City agrees that, to the extent permitted by the Minnesota Data Practices Act, Minn. Stat. Ch. 13 and other applicable law, it shall deny access to any of Grantee's Records marked confidential or"Trade Secret," as set forth above, to any Person and that it shall furnish only that portion of the Grantee's Records required under the Minnesota Data Practices Act, Minn. Stat. Ch. 13, and other applicable law. 16 SECTION 8 GENERAL FINANCIAL AND INSURANCE PROVISIONS 8.1 Letter of Credit. (a) At the time of acceptance of this franchise,Grantee shall deliver to the City and thereafter maintain an irrevocable and unconditional letter of credit in the amount of Ten Thousand Dollars($10,000.00). (b) In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in compliance with this section may charge to and collect from the letter of credit the following liquidated damages: 1. For failure to provide data, documents, reports or information required herein, the penalty shall be Fifty Dollars ($50.00)per day for each day, or part thereof,such failure occurs or continues. 2. For failure to comply with construction, operation, customer service, or maintenance standards, the penalty shall be One Hundred Dollars ($100.00) per day for each day, or part thereof, such failure occurs or continues. 3. For failure to meet the PEG access requirements set forth in Section 6 of this Franchise, the penalty shall be One Hundred Dollars ($100.00) per day for each day, or part thereof, such failure occurs or continues. 4. For failure to comply with any of the provisions of this Franchise, the penalty shall be Fifty Dollars ($50.00) per day for each day, or part thereof, such violation continues. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. 8.2 Procedure for Franchise Enforcement. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty(30) Days subsequent to receipt of the notice in which to correct the violation. Grantee may, within thirty (30) Days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time and the accrual of penalties. (a) City shall hear Grantee's dispute at a mutually agreed upon time. Grantee shall have the right to speak and introduce evidence. The City shall determine if Grantee 17 has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. (b) If after hearing the dispute, the claim is upheld by the City, then Grantee shall have thirty(30) Days within which to remedy the violation before the City may seek to draw on the letter of credit. (c) Grantee may appeal any adverse decision by the City which shall stay the City's right to draw on the letter of credit until such time as the action has been finally adjudicated by a court of competent jurisdiction. 8.3 Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City if the necessary action to correct the alleged violation is of such a nature or character as to require more than thirty(30) Days within which to perform provided Grantee commences corrective action within fifteen(15) Days and thereafter uses reasonable diligence, as determined by the City, to correct the violation. 8.4 Letter of Credit Cap. If City draws upon the letter of credit or any subsequent letter of credit delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full amount up the maximum provided by this Section 8.4 the same within ten(10) Days and shall deliver to City a like replacement letter of credit or certification of replenishment for the full amount stated in Section 8.1(a) as a substitution of the previous letter of credit. This shall be a continuing obligation for any draws upon the letter of credit up to an aggregate total of Twenty-Five Thousand and No/100 Dollars ($25,000.00) over the Franchise term. 8.5 Liability Insurance. (a) Grantee shall with its acceptance of this Franchise, and at its sole expense, take out and maintain during the term of this Franchise commercial general liability insurance with a company authorized to do business in the State of Minnesota that shall protect the Grantee, the City and their officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include,but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee's vehicles,products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Three Million Dollars ($3,000,000.00)which may be satisfied by an umbrella liability policy. The following shall be included in the liability policy: 1. The policy shall provide coverage on an "occurrence"basis. 2. The policy shall cover personal injury as well as bodily injury. 3. The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in 18 the carrier's standard endorsement as to bodily injuries, personal injuries and property damage. 4. Property damage liability shall be afforded. 5. The City shall be named as an additional insured on the policy. 6. An endorsement shall be provided which states that the coverage is primary insurance and that no other insurance maintained by the City will be called upon to contribute to a loss under this coverage. 7. Standard form of cross-liability shall be afforded. (b) Cancellation notice will be provided for any reason other than non- payment of premium and material alteration and requires the City provide Grantee a valid contact name and e-mail address (with any changes to the contact name or e-mail address being the responsibility of the City) (c) Grantee shall submit to City documentation of the required insurance, including a certificate of insurance evidencing these requirements. 8.6 Indemnification. (a) Grantee shall indemnify, defend and hold City, its officers, boards, commissions, agents and employees (collectively the "Indemnified Parties") harmless from and against any and all lawsuits, claims, causes of action, actions, liabilities, demands, damages, judgments, settlements, disability, losses, expenses (including attorney's fees and disbursements of counsel) and costs of any nature that any of the Indemnified Parties may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grant of this Franchise, the operation of Grantee's System, the breach by Grantee of its obligations under this Franchise and/or the activities of Grantee, its subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall indemnify, defend and hold the Indemnified Parties harmless from and against any and all matters relative to payment of Grantee's employees, including compliance with Social Security and withholdings. (b) The indemnification obligations of Grantee set forth in this Franchise are not limited in any way by the amount or type of damages or compensation payable by or for Grantee under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Franchise, or the terms, applicability or limitations of any insurance held by Grantee. (c) City does not, and shall not, waive any rights against Grantee which it may have by reason of the indemnification provided for in this Franchise, because of the acceptance by City, or the deposit with City by Grantee, of any of the insurance policies described in this Franchise. 19 (d) The indemnification of City by Grantee provided for in this Franchise shall apply to all damages and claims for damages of any kind suffered by reason of any of the Grantee's operations referred to in this Franchise, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. (e) Grantee shall not be required to indemnify City for negligence or misconduct on the part of City or its officials,boards, commissions, agents, or employees. City shall hold Grantee harmless, subject to the limitations in Minnesota Statutes Chapter 466, for any damage resulting from the negligence or misconduct of the City or its officials, boards, commissions, agents, or employees in utilizing any PEG Channels, equipment, or facilities and for any such negligence or misconduct by City in connection with work performed by City and permitted by this Franchise, on or adjacent to the Cable System. 8.7 Process. In order for City to assert its rights to be indemnified, defended, and held harmless, City must,with respect to each claim: i. Promptly notify Grantee in writing of any claim or legal proceeding which gives rise to such right; ii. Afford Grantee the opportunity to participate in any compromise, settlement or other resolution or disposition of any claim or proceeding; and iii. Fully cooperate with reasonable requests of Grantee, at Grantee's expense, in its participation in any compromise, settlement or resolution or other disposition of such claim or proceeding subject to subparagraph (ii) above. 8.8 Grantee's Insurance. Grantee shall not commence any Cable System construction work or permit any subcontractor to commence work until all insurance required under this Franchise has been obtained. Said insurance shall be maintained in full force and effect until the expiration of this Franchise. 8.9 Workers' Compensation Insurance. Grantee shall obtain and maintain Workers' Compensation Insurance for all of Grantee's employees, and in case any work is sublet, Grantee shall require any subcontractor similarly to provide Workers' Compensation Insurance for all of their employees, all in compliance with State laws. Grantee shall provide the City with a certificate of insurance indicating Workers' Compensation coverage upon its acceptance of this Franchise. SECTION 9 SALE,ABANDONMENT, TRANSFER AND REVOCATION 9.1 Abandonment of Service. Grantee may only abandon the System or any portion thereof in accordance with Minn. Stat. Section 238.084, Subd. I(w) . 20 9.2 Removal After Termination or Forfeiture. (a) In the event of termination or forfeiture of the Franchise, City shall have the right to require Grantee to remove all or any portion of the System from all Rights-of- Way and public property within City associated solely with the provision of Cable Service; provided, however, that if Grantee is providing services other than Cable Services or pursuant to Minnesota Statutes, Section 237.01 et seq., City shall not require the removal of the System. Nothing in this section shall be deemed either to grant or to preclude the provision of services other than Cable Services. (b) If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within one hundred twenty(120) Days after written notice of City's demand for removal is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City's demand for removal is given, City shall have the right to declare all right, title, and interest to the System to be in City with all rights of ownership including,but not limited to, the right to operate the System or transfer the System to another for operation by it pursuant to the provisions of 47 U.S.C. § 547 (1989). 9.3 Sale or Transfer of Franchise. (a) No sale, transfer, or assignment of this Franchise, or"fundamental corporate change", as defined in Minnesota Statutes, Section 238.083, in Grantee, shall take place until a written request is filed with City for its approval, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. (b) City shall have thirty(30) Days from the time of the request to reply in writing and indicate its determination that a public hearing is necessary due to potential adverse effect on Grantee's Subscribers resulting from the sale or transfer. Such determination shall be expressed in writing. (c) If a public hearing is deemed necessary pursuant to subparagraph (b) above, such hearing shall be commenced within thirty(30) Days of such determination and notice of any such hearing shall be given in accordance with local law or fourteen (14) Days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in City. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by City. (d) Thereafter, City shall approve or deny in writing the sale or transfer request. City shall set forth in writing its reason(s) for denying approval. City shall not unreasonably withhold its approval. (e) The parties to the sale or transfer of the Franchise only, without the inclusion of the System in which substantial construction has commenced, shall establish that the sale or transfer of only the Franchise will be in the public interest. 21 (f) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 9.3. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. (g) In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations there under, and assuming all other rights and obligations of the transferor to the City. 9.4 Reservation of Rights. City and Grantee reserve all rights that they may possess under applicable laws unless expressly waived herein. SECTION 10 MISCELLANEOUS PROVISIONS 10.1 Franchise Renewal. Any renewal of this Franchise shall be in accordance with applicable laws. The term of any renewed Franchise shall be limited to a period as provided in Minn. Stat. Section 238.084, Subd. 1(c). 10.2 Work of Contractors and Subcontractors. All provisions of this Franchise shall apply to any subcontractor or others performing any work or services on Grantee's behalf pursuant to the provisions of this Franchise. Grantee shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with the Franchise and applicable laws and shall indemnify the City pursuant to Section 8.5 10.3 Governing Law. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the Cable Act and the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the State. 10.4 Non-Enforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City to enforce prompt compliance. 10.5 Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 10.6 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last Day of the prescribed or fixed period or duration of time. When the last Day of the period falls on Saturday, Sunday or a legal holiday, that Day shall be omitted from the computation and the next business Day shall be the last Day of the period. 22 10.7 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Rights-of-Way for the purpose of providing Cable Service. However, Grantee's obligations to the City shall survive according to their terms. 10.8 Severability. If any provision of this Franchise is held by any Governmental Authority of competent jurisdiction, to be invalid as conflicting with any applicable laws now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such applicable laws, such provision shall be considered a separate, distinct, and independent part of this Franchise, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such applicable laws are subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such laws, said provision shall thereupon return to full force and effect and shall thereafter be binding on City and Grantee, provided that City shall give Grantee thirty(30) Days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision. 10.9 Force Majeure. In the event Grantee's performance of any of the terms, conditions, obligations or requirements of this Franchise is prevented or impaired due to any cause beyond its reasonable control, such inability to perform shall be deemed to be excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof. Such causes beyond Grantee's reasonable control shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment, inability of Grantee to obtain access to an individual's property and inability of Grantee to secure all necessary permits to utilize utility poles and conduit so long as Grantee utilizes due diligence to timely obtain said permits. SECTION 11 PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 11.1 Publication; Effective Date. This Franchise shall be published in accordance with applicable law. The Effective Date of this Franchise shall be the date specified in Section 1.2 - Definitions. 11.2 Acceptance. Grantee shall accept this Franchise within thirty(30) of its enactment by the City Council,unless the time for acceptance is extended by City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes. In the event acceptance does not take place, this Franchise and any and all rights previously granted to Grantee shall be null and void. (a) Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. (b) Grantee shall accept this Franchise in the following manner: 23 1. This Franchise will be properly executed and acknowledged by Grantee and delivered to City. 2. With its acceptance, Grantee shall also deliver any performance bond and insurance certificates required herein that have not previously been delivered. (c) Summary approved. The City Council hereby determines that the text of the summary marked"Official Summary of Ordinance No. ", a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. (d) Filing. The City Clerk shall file a copy of this ordinance in her office,which copy shall be available for inspection by any persons during regular office hours. (e) Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Passed and adopted this Day of 92016. CITY OF Mayor ATTEST: City Clerk 24 ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. FRONTIER COMMUNICATIONS OF MINNESOTA, INC., a Minnesota Corporation Dated: , 2016 By: Its: SWORN TO BEFORE ME this day of 92016 Notary Pub I i c 25 EXHIBIT A DROPS TO PUBLIC BUILDINGS [includes buildings in Apple Valley, Farmington and Rosemount] All sites listed below shall be capable of receiving Service within five (5) years of the Effective Date. EXHIBIT B PEG ACCESS PROVISIONS 1. PEG Channels and Regional Channel. (a) City or its designee is hereby designated to operate, administer,promote, and manage PEG access provided over the Cable System. All Subscribers who receive all or any part of the total services offered on the System shall receive such Channels at no additional charge. (b) Except as provided in paragraph c. below, within one hundred twenty(120) days from the date Grantee begins offering Cable Service in the Service Area, or within one hundred eighty days after the Effective Date of this Franchise, whichever is later, Grantee shall dedicate four(4) Channels for PEG access use. Use of the PEG Channels shall be determined in City's sole discretion and Grantee shall have no responsibility for the content, operations or use of the PEG Channels other than as specified herein. The City may rename,reprogram, or otherwise change the use of these PEG Channels in its sole discretion. In no event shall one cable operator in the City be required to offer more PEG channels than any other cable operator. (c) City may request additional Channel capacity beyond the provisions of Section I.b. in accordance with applicable law, including Minn. Stat. §238.084 which is expressly incorporated herein by reference. (d) The following governs the Grantee's use of the PEG Channels for other services if a Channel is not being used for PEG purposes: (i) If a PEG Channel is not "fully utilized" at any time during the term of this Agreement, the Grantee may temporarily use the PEG Channel no less than sixty(60) days after submitting a written notice of such use to the City. (ii) The PEG Channel shall be considered fully utilized if programming is delivered over it more than thirty-six (36)hours per week on average over a six (6) month period. (iii) If the PEG Channel is being used by the Grantee in accordance with subsection(ii), and the City has determined in good faith that it or its designated PEG 26 provider has the ability to fully utilize the Channel again, then the City shall request return of the PEG Channel by delivering written notice of same to the Grantee. In such event, the PEG Channel shall be returned to the City for PEG programming within ninety (90) days after receipt by the Grantee of such written notice. (e) Grantee shall designate Channel 6 for uniform regional channel usage for so long as required by Minn. Stat. §238.43. 2. PEG Channel Locations. (a) Grantee shall cablecast the four(4) PEG Channels on the following Channel designations: Channels 184 , 187, 188 and 189. In the event Grantee elects to relocate the PEG Channels, the Grantee shall give City at least sixty(60) Days prior written notice. (b) Grantee shall give Subscribers at least sixty(60) Days prior written notice of any relocation of the PEG Channels to different Channel numbers. Prior to relocation, Grantee shall inform Subscribers of the new Channel locations through bill messages or inserts, and shall list the new Channel locations on the on-air program guide. The parties acknowledge that Grantee contracts with a third party or parties to provide on-screen and on-line program listings. It shall be the responsibility of the City, or its designee, to provide such detailed program information to the third-party entity or entities that produce such listings for Grantee in accordance with each such entity's normal format and scheduling requirements and at the City's cost. 3. HD PEG Carriage Requirements. (a) Nothing herein precludes the Grantee from charging for any equipment needed to receive Basic Cable Service. (b) Grantee shall provide the PEG channels in standard definition(SD), digital format, and in high definition(HD)provided that the signal received from the Commission or City is in HD, and provided that the Grantee shall not be required to provide the PEG channels at a resolution higher than the highest resolution used in connection with the Grantee's delivery of other channels. (c) The City acknowledges that receipt of an HD format Channel may require Subscribers to buy or lease special equipment, or pay additional HD charges applicable to all HD services provided by Grantee. The Grantee shall ensure that HD programming on Channels 180 and 188 may be received and viewed by Subscribers who do not otherwise receive HD format programming without the need for additional customer premises equipment. 4. Live Origination Sites. The Grantee is permitted to obtain PEG Channels and programming from the Commission or City at a mutually agreeable demarcation point or points. The Grantee shall provide two-way capability permitting origination and transport of PEG Channels and programming upstream from public institutional sites designated by the 27 Commission or City to such agreed upon demarcation point(s)to the extent such connection(s) is/are not duplicative of connection(s)provided by another Cable Operator, and provided that the requested site is a Qualified Living Unit. 5. PEG Technical Quality. (a) The PEG Channels shall meet FCC technical standards including those applicable to the carriage of PEG Channels,provided, however, that the Grantee is not responsible for the production quality of PEG programming provided to the Demarcation Point. Grantee shall reasonably monitor the PEG Channels for technical quality to ensure FCC technical standards are met. The placement of PEG Channels on the System shall not make these PEG Channels more vulnerable to interference or ingress than the primary signals of local broadcast stations that are delivered using similar transmission technology in City. (b) The Grantee will provide all SD PEG Channels to Subscribers at reasonably equivalent visual and audio quality to that in which the Grantee delivers the SD CSPAN channel, or its future equivalent. If applicable, the Grantee will provide all HD PEG Channels to Subscribers at reasonably equivalent visual and audio quality to that in which the Grantee delivers the HD CSPAN channel, or its future equivalent. (c) There shall be no significant deterioration in a PEG Channel's signal from the point of origination upstream to the point of reception downstream on the Cable System; provided, however, this subsection shall not apply to the conversion of PEG Access Channel signals to a different technical format, such as when City delivers a PEG signal in HD and Grantee converts such signal to SD for cablecasting. (d) Upon request, throughout the term of the Franchise, Grantee shall provide updated contact information for a local technical representative with local knowledge of the City's PEG operations, who shall be available to the City for consultation on technical matters as the need may arise. This technical representative shall be accessed through a direct telephone number available to the City(as opposed to a general public number). The Grantee shall not impose any unreasonable fees or charges to the City for this technical consultation. If such consultation is insufficient to diagnose the matter in question, within twenty-four(24)hours of a written request from City to the Grantee identifying a technical problem with a PEG Channel signal and requesting assistance, Grantee will provide, free of charge to City, diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible) and if so, Grantee will take prompt corrective action, free of charge to City, subject to the limitations on Grantee's responsibilities outlined herein. If the problem persists and there is a reasonable dispute about the cause, then the parties shall meet with engineering representation from Grantee and the City in order to mutually determine the course of action to remedy the problem. Nothing herein shall be construed to obligate Grantee to correct problems or take any other action caused by City's signal, City's network or 28 internal wiring, City's equipment, PEG access program content or other issues within City's reasonable control. (e) Grantee shall comply with applicable law regarding the carriage of PEG Channels. 6. Promotion of PEG Channels. To the extent permitted by Grantee's billing process and solely for the purpose of promoting the PEG Channels, Grantee shall allow the City to place bill stuffers in Subscriber statements at a cost to the City not to exceed Grantee's cost, no more frequently than once per year upon the written request of the City and at such times that the placement of such materials would not materially and adversely affect Grantee's cost for the production and mailing of such statements. 7. PEG Financial Support. Grantee shall provide the following financial support for PEG("PEG Support"): (a) PEG Fee. Commencing sixty(60) days after the Effective Date of this Franchise through the end of the Term, Grantee shall remit to the City a payment calculated as a per Subscriber, per month amount, in an amount not to exceed seventy-five cents ($0.75)per Subscriber, per month as determined by the City, solely to fund PEG access expenditures as permitted by applicable law(hereinafter"PEG Fee"). Grantee shall make such payment quarterly, not later than forty five (45)Days following the end of a given quarter, accompanied by a statement indicating Grantee's Subscriber count for the prior quarter. Such statement may be marked as a"Trade Secret." Upon written request, City will provide documentation to Grantee of the expenditures made with the PEG Fee. (b) Level Terms. If any franchise issued to another provider Service after the Effective Date contains a lower PEG Support obligation than required above, Grantee may reduce its PEG Support to match such lower obligation. 29 EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET TRADE SECRET— CONFIDENTIAL Month/Year Month/Year Month/Year Total Cable Service Revenue Installation Charge Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Other Revenue Equipment rental REVENUE Fee Calculated Fee Factor: 5% 30 470 US Bank Plaza Kennedy 200 South Sixth Street Minneapolis MN 55402 Robert J.V.Vose (612)337-9275 telephone Graven (612)337-9310 fax rvose@kennedy-graven.com CHARTERED MEMORANDUM DATE: August 24, 2016 TO: Apple Valley, Farmington, Rosemount Cable Commission FROM: Bob Vose RE: Frontier Franchise Applications INTRODUCTION This Memorandum addresses the cable television franchise applications submitted by Frontier Communications of Minnesota, Inc. ("Frontier"). Frontier is a large local exchange telephone service provider in Minnesota. Frontier is a wholly-owned subsidiary of Frontier Communications Corporation, a publicly-traded, S&P 500 company providing telecommunications services in 29 states. Background In early 2016, Frontier approached the commission's member cities seeking franchises to provide cable service.I Minnesota Statutes, Chapter 238 ("Chapter 238"), establishes the process for considering issuance of cable franchises authorizing such service.2 In response to Frontier's inquiries, the cities each published notices of intent to consider franchises as required by Chapter 238. On April 22nd,Frontier filed timely applications and application fees with Apple Valley and Farmington. On May 12th, Frontier timely filed an application and fee with Rosemount. Frontier's applications respond to all application questions. No other companies filed applications. Public Hearings Chapter 238 requires a public hearing affording reasonable notice and an opportunity for all 1 A franchise is required under applicable federal and state law to provide cable service in a municipality. A cable franchise grants a valuable privilege to use the public rights-of-way to provide cable service for profit. 2 The member cities also have competitive franchising policies that closely track applicable state law. 1 479959v1 AP155-5 interested parties to be heard regarding any franchise application.3 Further, any franchise that is ultimately issued must include: a provision that the franchisee's technical ability, financial condition, and legal qualification were considered and approved by the franchising authority in a full public proceeding that afforded reasonable notice and a reasonable opportunity to be heard;4 The public hearing requirement is significant because cable franchising is a "quasi-judicial" process.5 Among other things, the public hearing affords an incumbent cable operator the opportunity to present evidence and argument concerning its existing franchise that may be relevant in evaluating a competitive franchise application. Each of the cities gave the required notice and subsequently conducted the statutorily-required public hearing. At the hearings, representatives for Frontier gave a power-point presentation describing the company's qualifications and its plans to offer video service marketed as "Vantage TV." Representatives for the incumbent cable provider, Charter, also presented at the hearings. Farmington's public hearing was held first. Immediately prior to the hearing, Charter submitted a letter to the city council containing questions and concerns regarding Frontier's application. Simultaneously, Charter's outside legal counsel provided a letter to me, as the commission's legal counsel, raising legal issues associated with Frontier's application to Farmington. At the hearing, Charter's representative summarized the issues raised in the letters. At the subsequent hearings in Apple Valley and Rosemount, Charter's representative summarized the same issues but no letters were submitted. All three cities left the written record open for 30 days following their public hearings. The cities directed staff to review the applications, prepare a report addressing, among other issues, Frontier's application and the issues raised by Charter, and proceed with franchise negotiations with Frontier representatives. During the 30-day comment period, Charter and its legal counsel submitted letters to Apple Valley and Rosemount that are substantively identical to those provided to Farmington. The cable commission submitted letters to each city requesting that certain commission minutes, Charter's prior franchises, the ordinances extending Charter's franchises to December 31, 2015, and other official documents be made part of the "record" regarding Frontier's franchise 3 Minn. Stat. §238.081, Subd. 6. 4 Minn. Stat. §238.084, Subd. 1(1). 5 In re Application of Dakota Telecommunications Group, 590 N.W.2d 644, 647-8 (Minn. App. 1999)(citing,Honn v. City of Coon Rapids,313 N.W.2d 409,414-15 (Minn. 1981). Quasi-judicial proceedings involve an investigation into a disputed claim that weighs evidentiary facts, applies those facts to a prescribed standard, and results in a binding decision. In granting a cable television franchise, the Cable Act requires that franchise proposals contain specific information and a public hearing be held affording reasonable notice and opportunity to be heard. Minn. Stat. § 238.081, subds. 4, 6. This procedure involves testimonial and documentary evidence,and results in a binding decision. Id. (case citations omitted). 2 479959v1 AP155-5 applications. Frontier supplied no additional information or comments. No other comments were received. Current Status We have completed review of Frontier's application and franchise negotiations with the company. At this point, the commission may wish to provide recommendations to its member cities. Specifically, as explained below, the commission may recommend approval of Frontier's application and adoption of the proposed franchises. ISSUES RAISED 1. Level Playing Field Law Frontier's application and Charter's responsive letters largely focus on Minnesota's level playing field law, Minn. Stat. § 238.08 ("LPF law"). The LPF law provides: [n]o municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or(3) franchise fees.6 A 2010 amendment to the LPF law clarified that it is "not more favorable or less burdensome"to allow a telephone company to only provide cable service in the area of a municipality in which it offers local exchange service.7 A. Frontier Frontier's application includes a multi-page discussion about federal preemption of the LPF law.g Frontier asserts that the LPF law is preempted by orders issued by the Federal Communications Commission(FCC). In 2007, the FCC issued an Order and Notice of Proposed Rulemaking addressing competitive cable franchising.9 The 621 Order addresses the implementation of Section 621(a)(1) of the federal Cable Act.10 Among other things, Section 621 prohibits franchising authorities from unreasonably refusing to award competitive cable franchises." The 621 Order was challenged and upheld. 2 In January 2015, the FCC reaffirmed the 621 Order on reconsideration. 6 Minn. Stat. §238.08, Subd. 1(b). 7 Minn. Stat. §238.08, Subd. 1(c). 8 Charter also points to language in its prior franchises that any additional franchises be on"substantially similar terms and conditions." Frontier claims any such language is also preempted. 9 In the Matter of Section 621(a)(1)of the Cable Communications Policy Act of 1984,MB Docket No.05-311,(rel. March 5,2007)(the"621 Order"). i0 47 U.S.C. § 541(a)(1). " 47 U.S.C. § 552(a)(2). Federal law also provides that a local franchising authority: "shall allow. . . [an] applicant's cable system a reasonable period of time to become capable of providing cable service to all households 3 479959v1 AP155-5 According to the FCC, both traditional cable and phone companies wish to offer customers "triple play" services-- voice, high-speed Internet access, and video. When a traditional phone company enters the cable market, the FCC has determined that competition for delivery of bundled services will benefit consumers by driving down prices and improving the quality of services. The FCC has also concluded that the circumstances for competitive entry to the cable market are considerably different than existed when the incumbent cable operators obtained their franchises. Incumbent cable operators were initially the sole providers of cable and gained a high percentage of potential subscribers in the local market. A second entrant is less likely, or even unlikely, to gain the same percentage of subscribers. The competitor faces greater "financial risk" and "uncertainty"than did the incumbent when it entered the market.13 As a result of these conclusions, the FCC found that system build-out requirements can be an obstacle to phone companies seeking to deploy competitive video services. Although phone companies already have facilities deployed, they still must upgrade existing plant to enable the provision of video service which often requires a significant investment. Thus, the FCC found that new entrant may seek to begin offering service in a smaller area to determine whether it can reasonably ensure a return on its investment before expanding.14 Based on this reasoning, the 621 Order prohibited imposition of unreasonable build-out requirements on competitors. The FCC further found that the imposition of"up-front" PEG and I-Net support obligations, or obligations that exceed the incumbent's obligations, are unreasonable,while pro rata sharing arrangements are reasonable. B. Charter Charter offers two legal arguments in response to Frontier's application(s). First, despite expiration of its franchises at the end of 201515, Charter claims to hold"existing franchises"with each city under Chapter 238. Second, Charter asserts that the cities cannot accept Frontier's preemption argument and must fully apply Minnesota law to Frontier. C. Proposed Legal Conclusions Frontier has not shown that Minnesota's LPF law has been preempted by the 621 Order. The 621 Order did not "preempt state law or state level franchising decisions . . ."16 Rather, the FCC "expressly limit[ed] . . . [its] findings and regulations in this Order to actions or inactions at the in the franchise area. . . " 47 U.S.C. § 541(a)(4). Federal law further prohibits redlining stating: "[i]n awarding a franchise or franchises,a franchising authority shall ensure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides." 47 U.S.C. § 541(a)(3). 'Z Alliance for Community Media v.FCC,529 F.3d 763 (6th Cir.2008). 13 See generally,621 Order at¶28. 14 See generally,621 Order at¶35. 15 At each city's public hearing,Charter's representative acknowledged that the franchises had expired. 16 621 Order at¶126. 4 479959v1 AP155-5 local level where a state has not specifically circumscribed the LFA's authority."17 Local requirements, however, are preempted to the extent they conflict with the FCC's guidance in the 621 Order and are not"specifically authorized by state law."18 The LPF law is a "state law or state level franchising decision" under the 621 Order. The LPF law prohibits local action by mandating that municipalities refrain from granting certain more beneficial terms in "an additional franchise" if there is "an existing franchise." Frontier has not explained how the LPF law could be properly viewed as a "local franchising action" that is preempted rather than a "state law" that is expressly preserved. However, if Charter holds "existing franchises" that contain independent level playing field obligations, the 621 Order would preempt such provisions. Such franchise-specific language is not "specifically authorized"by the LPF law or other state law and is therefore preempted by the 621 Order. Charter, on the other hand, has failed to demonstrate that it has "existing franchises" entitling it to the protections of the LPF law. Charter's franchises expired by their terms at the end of 2015.19 Charter apparently asserts that, to the extent its franchises expired by agreement, the federal renewal scheme preempts those agreements. In general, state or local law may be preempted "by express provision, by implication, or by a conflict between federal and state law. ,20 When a court examines a preemption issue, it must do so "with the starting presumption that Congress does not intend to supplant state law."21 Charter does not mention the federal Cable Act's preemption provision. Accordingly, Charter apparently does not claim express preemption. Charter also fails to cite any particular provision in the Cable Act that would implicitly, or by conflict, preempt the franchise expiration date agreed upon by Charter and the cities. Instead, Charter's counsel cites two federal district court decisions for the proposition that a cable operator can continue to operate under the terms of a prior, expired franchise until the federal renewal process is completed.22 But Frontier's franchise application does not put Charter's right to operate in question or peril. Neither the cities nor commission have contested that right. Charter fails to explain how a continuing right to operate as a matter of federal law constitutes an "existing franchise" under Minnesota's LPF law. The City of Walnut Creek decision Charter 17 Id.at¶1,n.2. 'a Id.at¶126. 19 Charter's franchises were set to expire in mid-2014. In 2011,as contemplated by applicable federal law,Charter requested renewal of its franchises approximately 3 years prior to expiration. As part of subsequent settlement agreements resolving the company's alleged franchise and PEG fee underpayments,the cities and Charter agreed to extensions until December 31,2014 to complete renewal. Charter requested further extensions to December 31, 2015. Both extensions were memorialized in written documents signed by the parties. Charter has not requested further extensions and neither the cities nor the commission have agreed to any such extensions. 20 N.Y. State Conference of Blue Cross&Blue Shield Plans v. Travelers Ins. Co.,514 U.S. 645,654(1995). 21 Travelers Ins. Co.,514 U.S. at 654. 22 Rolla Cable Systems,Inc., v. City of Rolla,745 F.Supp. 574,575-76(E.D.Mo. 1990); Comcast of California v. City of Walnut Creek,371 F.Supp. 1147, 1155 (N.D.Cal.2005). 5 479959v1 AP155-5 cites indicates to the contrary. That decision indicates that when a franchise expires in the midst of the federal renewal process: ... there are three possible outcomes: (1) when a franchise expires, it ends without any continuing vitality whatsoever; (2) when a franchise expires, the operator and the franchising authority can continue under an arrangement that amounts to a holdover tenancy-at-will, subject to termination by either side; or (3) the original franchise agreement remains wholly in effect until renewal procedures pursuant to Section 546 are completed, as argued by [Comcast]. This order holds that both (1) and (2) of the three outcomes posited above are permissible outcomes but not (3). Termination means termination; i.e., that when a franchise expires it expires-even if the renewal procedures have not been completed under Section 546. The cable operator and the franchising authority may, however, enter into temporary written extensions, as was done by Comcast's predecessor. Or, they many continue operations without a formal agreement, i.e., pursuant to a holdover tenancy subject to termination by either side at will.23 Accordingly, it is unclear how Charter claims to hold "existing franchises" under Chapter 238 and the LPF law despite its express, written agreement that the franchises would expire at the end of 2015. Finally, even if Charter has "existing franchises" under Chapter 238, the franchise terms negotiated with Frontier do not violate the LPF law.24 The terms negotiated with Frontier regarding: (1) the area served; (2) public, educational, or governmental access requirements; and (3) franchise fees, are as follows: Service Area Frontier's application refers to a market success-based approach to service deployment and system expansion requirements. That approach is consistent with the 621 Order which suggested that it would be reasonable for a local franchising authority to consider benchmarks requiring a new entrant to increase its build-out after a reasonable time, taking into account the new entrant's market success or market penetration.25 23 City of Walnut Creek,371 F.Supp. at 1154-55 (citing Charter Communications,Inc. v. County of Santa Cruz, 133 F.Supp.2d 1184, 1188(N.D.Cal.2001)(referring to cable operator in same situation as"holdover tenant"),rev'd on other grounds,304 F.3d 927(9`h Cir.2002). 24 The LPF law would likely be interpreted to require"similar,"not identical,franchise obligations. See, WHLink v. City of Otsego, 664 N.W.2d 390,396(Minn. Ct.App.2003); Cable TVFund 14A v. City of Naperville, 1997 U.S. Dist. LEXIS 7336, *37-38 (N.D.IL 1997); Comcast Cablevision of New Haven,Inc. v. Connecticut Department of Public Utility Control, 1996 Conn. Super.LEXIS 2927, *7(1996);and United Cable Television Corporation v. Connecticut Department of Public Utility Control 1994 Conn. Super.LEXIS 2222(1994). 2s 621 Order,¶89. 6 479959v1 AP155-5 Notwithstanding, in negotiations we urged Frontier to accept Minnesota's statutory service area/system construction obligations. Chapter 238 requires that "initial franchises"include a provision: identifying the system capacity and technical design and a schedule showing: (1) that construction ... must commence no later than 240 days after the granting of the franchise; (2) that construction ... must proceed at a reasonable rate of not less than 50 plant miles constructed per year of the franchise term; (3) that construction throughout the authorized franchise area must be substantially completed within five years of the granting of the franchise; and (4) that the requirement of this section be waived by the franchising authority only upon occurrence of unforeseen events or acts of God;26 Frontier has agreed and the proposed franchise(s) specifically reference and incorporate this statutory provision. Moreover, to ensure compliance, the proposed term of the franchise(s) is five (5) years. This term gives the cities an opportunity to evaluate Frontier's cable service deployment and renew the franchise, or not, accordingly. In addition, the proposed franchise(s)provides: "[a]s the Cable System is constructed and made capable of providing Cable Service, Grantee shall activate and offer Cable Service to Qualified Living Units within a reasonable period of time." This recognizes that Frontier has already constructed a telephone system to every home and business within its telephone exchange service territory, and cable service may be activated faster than within five (5) years. To track this deployment, Frontier will be required to meet with the commission or cities annually and report on the progress of cable system construction and service activation. At that time, the company will be required to provide current, up- to-date service area maps (which may be marked as "Trade Secret"). Finally, Charter noted that its prior franchises only required the extension of the system and service where there are at least 30 homes per mile. This limits Charter's (or its predecessor's) obligation to construct a system "throughout the authorized franchise area" to only those areas with sufficient development density. Charter did not identify the areas or percentage of each city that this provision obligates it to serve, nor indicated what areas it actually serves, nor detailed the time period over which its current service area(s) were achieved. Thus, there is no basis to conclude that Frontier's proposed obligations described above will be less burdensome. PEG Access Requirements In all material respects, Frontier has agreed to PEG access requirements that equal or exceed the PEG support provided by Charter under its prior franchises. Frontier will 26 Minn. Stat. §238.084,Subd. 1(m). 7 479959v1 AP155-5 commit to providing the same number of PEG channels (4 channels) and the same PEG channel # designations as Charter provides, but Frontier will also commit to simulcasting all PEG channels in both high definition (HD) and standard definition (SD) digital format. Frontier will agree to provide facilities permitting live origination of programming from institutional sites as may be necessary to obtain such programming. Frontier will also agree to appropriate PEG technical quality standards. Finally, Frontier has agreed to pay PEG support in an amount calculated as up to $.75 per subscriber, per month. The commission and cities will specify the payment amount. The decision whether to actually itemize and pass that amount thru to customers is left to the company. If this arrangement were entered with both Frontier and Charter, the possible funding this arrangement would produce (based on current cable subscribership) would modestly exceed the funding needs identified in the commission's needs assessment report prepared for Charter's renewal. That report identified a need for approximately $1.241.4 million in PEG funding.27 However, in renewal negotiations with Charter, company representatives have indicated that cable subscribership has been falling and should be expected to do so in the future. Thus, the PEG support arrangement negotiated with Frontier is appropriate to meet the community's identified PEG funding needs. Franchise Fees Frontier will agree to a 5% franchise fee based on language (including the definition of "gross revenues") that largely mirrors the language in Charter's prior franchises but with several modifications beneficial to the commission and cities. Those modifications include language to clarify how franchise fees are calculated where cable service revenues subject to the fee are bundled with telephone or internet access services not subject to the fee at a discount. The language requires that the discount be allocated fairly in proportion to the cost for the services individually. In sum, Frontier has not demonstrated that the 621 Order preempts the LPF law. But Charter has not demonstrated that it holds "existing franchises" entitling it to the protections of the LPF law; and even if Charter is entitled to those protections, the franchise terms negotiated with Frontier do not violate the LPF law. 2. Application Completeness In addition to its preemption arguments, Charter claims that the Frontier's applications are incomplete. However, Frontier's application is substantially complete and includes information addressing the financial, technical, and legal qualifications of Frontier and its corporate parent, Frontier Communications Corporation.28 27 The needs assessment report addressed a 10-year period starting from the then-anticipated franchise expiration in mid-2014. 28 Each city prepared"Application Instructions"which are consistent with the"franchising proposal"requirements of Chapter 238. See,Minn. Stat. §238.081,subd.4. 8 479959v1 AP155-5 As in Minnesota, municipalities across the country generally focus review of a cable franchise applicant on financial, technical and legal qualifications. In the 621 Ordrer, the FCC indicated that where a local exchange telephone company that has received the required telephone authority from the relevant state agency is seeking a cable franchise, municipalities are cautioned not spend a significant time evaluating the fitness of such applicant to access public rights-of- way to provide cable service.29 Frontier has received a certificate of public convenience and necessity from the Minnesota Public Utilities Commission. Thus, Frontier has demonstrated its qualifications and fitness to the state's telephone regulatory body. Frontier's application generally reflects what might be expected—Frontier's parent is a large, publicly-traded company. The company is very experienced in the telecommunications industry generally and has experience in the video/cable business specifically. Chapter 238 does not establish any standards for reviewing information submitted in relation to a cable franchise applicant's qualifications. Rather, as noted above, a franchise is simply required to contain a provision that the franchising authority has considered and approved the qualifications after a public hearing. Any deficiencies Charter perceived in Frontier's applications may be addressed via the proposed franchise negotiated with Frontier, as discussed below. Leal Frontier is authorized to do business in the state of Minnesota.30 Frontier represents that it will make all appropriate filings and preparations prior to offering cable service. No challenge to Frontier's legal qualifications was raised. Technical Frontier's application represents that the company is certificated by the MPUC to provide telephone service in Minnesota, and that it is "one of Minnesota's largest incumbent local exchange carriers...."31 The application represents that Frontier or its affiliates are authorized to operate cable systems in 35 markets including the entire state of Indiana. The application identifies an experienced management team for Frontier's cable operations, and describes a state- of-the-art IPTV-based delivery platform that will be utilized. No challenge to Frontier's technical qualifications was raised. 29 See,621 Order at¶23. 30 A summary of Frontier's filings with the Minnesota Secretary of State can be viewed at: https://mblsportal.sos.state.mn.us/Business/SearchDetails?filingGuid=c4841 e37-bad4-e011-a886-001 ec94ffe7f 31 The application purports to include a copy of Frontier's certificate of authority as Exhibit D. However,the MPUC order that was erroneously included is not Frontier's certificate and only indirectly confirms Frontier's certification. I independently reconfirmed that Frontier is a certificated telephone provide in Minnesota. 9 479959v1 AP155-5 Financial Frontier Communications Corporation, the parent company of Frontier, is a large publicly-traded telecommunications company. The application refers to the most recent 10-K for the fiscal year ended December 31, 2015. This and other SEC filings are publicly available on-line. The application represents that Frontier Communications Corporation is an S&P 500 company with fourth quarter revenue of $1.4 billion and operating income of $182 million. The application further represents that Frontier will not require any unique funding sources or borrowing to deploy its cable service in this and other markets. These representations are not challenged by Charter. In addition to this application information concerning the company's financial wherewithal, the proposed franchise will require Frontier to: • pay a 5% franchise fee and provide PEG support in amounts specified by the commission/cities; • post a $10,000 letter of credit and be subject to specified sanctions for various potential franchise violations; • post a$25,000 bond; • provide an umbrella liability policy in the amount of at least $3,000,000.00, and; • indemnify the cities from suits or liabilities of any kind "based upon or in any way connected with the grant of[the] Franchise," system operations, or a franchise breach. Frontier currently has full rights to access rights-of-way in each city to construct and maintain its telephone system and provide telephone and internet access services. It is difficult to conceive of a scenario in which granting cable franchises to Frontier with these requirements could increase risks to the cities or public resources. Charter does not specifically challenge Frontier's financial qualifications. The letter from Charter's counsel acknowledges that Frontier has "substantial resources and existing plant" in each of the cities. CONCLUSION As required by Chapter 238, Frontier provided complete applications per the cities' application instructions. The applications, subsequent hearings, and negotiated franchise terms adequately address Frontier's qualifications to receive cable franchises. We see no legal impediment to approving Frontier's application and issuing the negotiated franchises. The commission may wish to provide a corresponding recommendation to its member cities. 10 479959v1 AP155-5 CITY OF APPLE VALLEY RESOLUTION NO. 2016- RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. WHEREAS, the City of Apple Valley, acting by the City Council, has adopted a lengthy ordinance granting a cable franchise to Frontier Communications of Minnesota, Inc. to construct, operate and maintain a cable television system in the City; and WHEREAS, as authorized by Minnesota Statutes, Section 412.191, subd. 4, the City Council has determined that publication of the title and summary of the ordinance will clearly inform the public of the intent and effect of the ordinance; and WHEREAS, a printed copy of the ordinance and a copy of the entire text of the ordinance is available for inspection during regular office hours at the office of the city clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the following summary of the ordinance is approved for summary publication: CITY OF APPLE VALLEY. ORDINANCE NO. The ordinance grants a cable franchise to Frontier Communications of Minnesota, Inc. to use rights-of-way in the City to construct, operate and maintain a cable system and provide cable service for a period of five (5) years from the effective date unless renewed, revoked or terminated sooner. The franchise establishes requirements for operation of the system and delivery of cable services, imposes a franchise fee, and generally sets forth the conditions required for cable franchises under Minnesota Statutes, Chapter 238. ADOPTED this 22nd day of September, 2016. Mary Hamann-Roland, Mayor ATTEST: Pamela Gackstetter, City Clerk 470 US Bank Plaza Kennedy 200 South Sixth Street Minneapolis MN 55402 Robert J.V.Vose (612)337-9275 telephone Graven (612)337-9310 fax rvose@kennedy-graven.com CHARTERED MEMORANDUM DATE: August 29, 2016 TO: Apple Valley, Farmington, Rosemount Cable Commission FROM: Bob Vose RE: Summary of Frontier's Proposed Franchise Service Area Frontier proposed a "market success" build out. We urged Frontier to accept Minnesota's statutory build out requirements. • Franchise incorporates MS § 238.084 which provides: "construction throughout the authorized franchise area must be substantially completed within five years of granting..." • To ensure compliance, term is 5 yrs. Cities can evaluate deployment and renew or not. • Franchise(s) provides: "[a]s the Cable System is constructed and made capable of providing Cable Service, Grantee shall activate and offer Cable Service to Qualified Living Units within a reasonable period of time." QLU means any location capable of receiving cable service. Service in less than 5 years is anticipated. • To track deployment, Frontier meets with the commission/cities annually to report on progress of construction/service activation. Provides current service area maps. System • "Grantee shall operate a Cable System with the functional equivalent of a 750 MHz Cable System (in terms of video offerings and functionality)." • System must comply, at minimum, with applicable FCC standards • Cities may test System if there are problems or unresolved technical complaints. • Results of all FCC-required testing shall also be copied to City within ten (10) Days of filing such report with the FCC. PEG Access • Same number of PEG channels (4 channels +Regional Ch. 6) • Same channel #s (184 , 187, 188 and 189) • Simulcast PEG channels in HD and SD. • Cooperate re: facilities for live orig. of programming from institutional sites as necessary. • Must meet appropriate PEG technical quality standards. • PEG support in an amount calculated as up to $.75 per subscriber, per month. Not required to itemize this on invoices. Parity with incumbent required. NOTE: If Charter agreed to same, possible funding (based on current sub count, and assuming a 10 year term) is $1.53M. Modestly exceeds $1.2-$1.4M identified in needs report. In negotiations, Charter reps have indicated that cable subs falling and will in the future. So cap is appropriate to meet identified needs. NOTE 2: Prior franchises (1999) required Charter's predecessor to pay a$90k equipment grant. Grant recouped by co. retaining$.25 from the PEG fee. Franchise Fees • Frontier will pay a 5% franchise fee • Calculation (including definition of"gross revenues") mirrors Charter's prior franchises • Several beneficial additions. Example, clarification where cable is bundled with telephone and internet and discounted. Discount allocated fairly and proportionately Free Service • Frontier will provide free service (lowest cost level)to City Hall • Within 1 year, such institutional buildings as are listed in Exhibit A, and • Additional institutions identified that are QLU and not served by other operator. Institutional Network Prior franchises referred to `98 Marcus/Lakeville agreement. No actual I-Net usage. Not included in Frontier franchise. Security/Enforcement. • $l Ok LOC, with specified sanctions for various potential franchise violations • $25k bond • Umbrella liability policy in the amount of at least $3,000,000.00, and; • Indemnify the cities from suits or liabilities of any kind "based upon or in any way connected with the grant of[the] Franchise," system operations, or a franchise breach. NOTE: Frontier currently has full rights to access ROW for its telephone system Customer Service • Incorporates FCC customer service standards; equivalent to prior franchises • Reporting required • Cities retain rights to adopt additional requirements in the future *00 *000 *000 09000 ITEM: 5.D. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Regular Agenda Description: Pass Ordinance Amending Chapter 91 of the City Code, Regulating Animals by Adding Language Relating to Potentially Dangerous Dogs (Recommend waiving second reading) Staff Contact: Department/ Division: Nick Francis, Police Captain Police Department ACTION REQUESTED: Waive the procedure for a second reading and pass the ordinance amending Chapter 91 of the City Code, regulating "Animals" by adding language as to when a dog may be declared potentially dangerous. SUMMARY: Attached for your consideration and first reading is an ordinance amending Chapter 91 of the City Code regulating "Animals". The current ordinance does not follow state statute in regards to situations when a dog can be declared potentially dangerous. Specifically, the city ordinance should include language to protect bicyclists, and those on private property, other than the dog owners property. Staff has contacted our hearing officer, who assisted with the writing and passing of the state law regarding potentially dangerous dogs. He recommended this change to bring our city ordinance in line with the state statute. Staff recommends a first reading, a waiving of the second reading, and approval of the proposed ordinance at tonight's meeting. BACKGROUND: The police department believes that mirroring the state statute in regards to declaring potentially dangerous dogs would further aid in protecting residents from aggressive dogs. Our current language only protects a person who is on public property but not on private property. In addition, with the increase in biking in our community, it is best advised to specifically include that language in the ordinance. BUDGET IMPACT: N/A ATTACHMENTS: Ordinance Presentation CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 91 OF THE CITY CODE REGULATING GENERAL PROVISIONS CONCERNING ANIMALS The City Council of Apple Valley ordains: Section 1. Section 91.01 of the Apple Valley City Code is hereby amended by revising the following definition: POTENTIALLY DANGEROUS DOG. Any dog that: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog owner's proppgL in an apparent attitude of attack; or (3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this_day of 2016. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Current language in the City ordinance is not consistent with state statute relating to declaration of potentially dangerous dogs The updated language would allow the City ordinance to read verbatim of the statutory definition The city's Dangerous and Potentially Dangerous Dog Hearing Officer was consulted and supports the proposed changes City Ordinance 9i.0i currently reads: POTENTIALLY DANGEROUS DOG. Any dog that:... (i) When unprovoked, chases or approaches a person upon the streets, sidewalks or any public property in an apparent attitude of attack; The proposed change would read: POTENTIALLY DANGEROUS DOG. Any dog that:... (i) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog owner's property, in an apparent attitude of attack; Waive second reading and pass the ordinance amending chapter 91 of the City Code, regulating animals adding language relating to potentially dangers dogs. *00 *000 *000 09000 ITEM: 5.E. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Regular Agenda Description: Adopt Resolution Supporting Mayor Mary Hamann-Roland for 2nd Vice-President of the National League of Cities Staff Contact: Department/ Division: Tom Lawell, City Administrator Administration Department ACTION REQUESTED: Adopt resolution supporting Mayor Mary Hamann Roland for 2nd Vice-President of the National League of Cities. SUMMARY: The National League of Cities (NLC) has announced its application process for serving on the Board of Directors for 2017. This process includes the selection of various leadership positions, including President, 1st Vice-President and 2nd Vice President. Mayor Mary Hamann-Roland has indicated her interest in serving as the 2nd Vice-President. Among the Vice President and President positions, only the position of 2nd Vice-President is normally contested; other NLC officers usually rotate upward from 2nd Vice-President to 1st Vice- President and then to President. The attached resolution is intended to clearly show the strong endorsement of the Apple Valley City Council for her appointment to the distinguished position of 2nd Vice-President. BACKGROUND: The NLC is the premier organization representing more than 19,000 cities, villages and towns across the nation and is dedicated to helping city leaders build better communities through education, networking and advocacy. Mayor Hamann-Roland has actively participated in many local, regional, state and national organizations during her 18 years as Mayor. She h as significant experience serving the NLC in various capacities including the NLC Information Technology and Communications Policy Committee, Vice Chair of the NLC Energy Environment and Natural Resources Steering Committee and the NLC Futures Panel on Community and Regional Development. She currently serves on the NLC Board of Directors and its Board Finance Committee and Investment Advisory Committee where she has been instrumental in developing a strong, stable, and predictable financial future for the organization. Mayor Hamann-Roland has expressed her interest in continuing her dedicated service and leadership as 2nd Vice-President of the NLC. A resolution of support from the Apple Valley City Council is requested as it will be beneficial as her application advances through the NLC Nominations Committee process in November 2016. BUDGET IMPACT: Upon selection as 2nd Vice-President, nominal additional travel expenses are possible in fulfilling the responsibilities of the position. Details will be further defined in the months ahead. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2016- RESOLUTION SUPPORTING MAYOR MARY HAMANN-ROLAND FOR 2ND VICE-PRESIDENT OF THE NATIONAL LEAGUE OF CITIES WHEREAS, Apple Valley Mayor Mary-Hamann Roland has expressed interest in serving as the 2nd Vice-President of the National League of Cities (NLC), and WHEREAS, the NLC is the premier organization representing more than 19,000 cities, villages and towns across the nation and is dedicated to helping city leaders build better communities through education, networking and advocacy, and WHEREAS, through her dedicated service as Mayor over the last 18 years, Mayor Hamann-Roland has clearly demonstrated her ability to be a strong advocate for cities at the local, regional, state and national levels, and WHEREAS, Mayor Hamann-Roland has significant experience serving the NLC in various capacities including the NLC Information Technology and Communications Policy Committee, Vice Chair of the NLC Energy Environment and Natural Resources Steering Committee and the NLC Futures Panel on Community and Regional Development, and WHEREAS, Mayor Hamann-Roland currently serves on the NLC Board of Directors and its Budget and Finance and Investment Advisory Committees where she has been instrumental in developing a strong, stable, and predictable financial future for the organization, and WHEREAS, Mayor Hamann-Roland now wishes to further her involvement with the NLC by serving in the distinguished leadership position of 2nd Vice-President. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, that we strongly support Mayor Hamann-Roland's selection as the next 2nd Vice- President of the NLC and would urge the NLC Nominations Committee to endorse her candidacy as well. ADOPTED this 22nd day of September 2016. Tom Goodwin, Acting Mayor ATTEST: Pamela J. Gackstetter, City Clerk *00 *000 *000 09000 ITEM: 6.A. 000 Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Staff and Council Communications Description: Fall Clean Up Day Presentation Staff Contact: Department/ Division: Charles Grawe,Assistant City Administrator Administration Department ACTION REQUESTED: N/A SUMMARY: N/A BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Presentation Fall Clean - up Day IN Saturday, Oct . 1St 8 : 00 am to 1 : 00 pm • www.citvofapplevallev. orq 0000: ITEM: 6.13. :0:: Apple COUNCIL MEETING DATE: September 22, 2016 Valley SECTION: Staff and Council Communications Description: Fire Prevention Week Presentation Staff Contact: Department/ Division: Nealon Thompson, Fire Chief Fire Department ACTION REQUESTED: N/A SUMMARY: N/A BACKGROUND: BUDGET IMPACT: N/A ATTACHMENTS: Presentation EOttigq,5 C - 02016 NFPA Apple VFin 0hUMn �no sn F(D)uses Tuesday, October 11th - 6:00 p.m. - 9:00 p.m. Station 1 - located at 15000 Hayes Road Wednesday, October 12th - 6:00 p.m. - 9:00 p.m. Station 2 - located at 13995 Galaxie Avenue Thursday, October 13th - 6:00 p.m. - 9:00 p.m. Station 3 - located at 14195 Essex Avenue For more information visit r www.applevalleyfire.org or call us at 952-953-2600 LN�u 4iLi�YHYl / �'.r. Vim, , "�• ITEM: 7. ••• COUNCIL MEETING DATE: September 22, 2016 Apple Valley SECTION: Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Department/Division: Stephanie Marschall, Deputy City Clerk City Clerk's Office ACTION REQUESTED: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the City Council. SUMMARY: Day/Date Time Location Event Wed./Sep. 21 7:00 p.m. Municipal Center Planning Commission Thur./Sep. 22 4:30-6:30 p.m. Superior Service Chamber Business After Hours Center Thur./Sep. 22 6:00 p.m. Municipal Center EDA Meeting Thur./Sep. 22 7:00 p.m. Municipal Center Regular City Council Meeting Tue./Sep. 27 9:30 a.m. Orchard Path Groundbreaking Ceremony Wed./Sep. 28 9:00 a.m. Municipal Center Firefighters Relief Association Fri./Sep. 30 5:00-9:00 p.m. Kelley Park Chamber Oktoberfest Sat./Oct. 1 8:00 a.m.-1:00 p.m. Family Aquatic Center Residential Fall Clean-Up Day Parking Lot Tue./Oct. 4 7:30-9:00 a.m. Dunn Bros. Chamber Coffee Connection Wed./Oct. 5 7:00 p.m. Municipal Center Planning Commission Tue./Oct. 11 6:00-9:00 p.m. Fire Station 1 Fire Prevention Week Open House Wed./Oct. 12 6:00-9:00 p.m. Fire Station 2 Fire Prevention Week Open House Thur./Oct. 13 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Oct. 13 6:00-9:00 p.m. Fire Station 3 Fire Prevention Week Open House Thur./Oct. 13 7:00 p.m. Municipal Center Regular City Council Meeting* Tue./Oct. 18 2:00 p.m. Municipal Center Cemetery Advisory Comrnittee Meeting Wed./Oct. 19 7:00 p.m. Municipal Center Planning Commission Thur./Oct. 20 4:30-6:30 p.m. Anchor Bank Chamber Business After Hours Wed./Oct. 26 9:00 a.m. Municipal Center Firefighters Relief Association Wed./Oct. 26 7:00 p.m. Municipal Center Urban Affairs Advisory Committee Meeting Thur./Oct. 27 7:00 p.m. Municipal Center Regular City Council Meeting BACKGROUND: Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. BUDGET IMPACT: N/A