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HomeMy WebLinkAbout01/23/14 EDA Meeting   Meeting Location: Municipal Center 7100 147th Street West City of Apple Valley, Minnesota 55124   NOTICE: The Apple Valley Economic Development Authority will hold a Special meeting at the Municipal Center, on Thursday, January 23, 2014, at 6:00 p.m. to consider the items listed in the following agenda: JANUARY 23, 2014 ECONOMIC DEVELOPMENT AUTHORITY MEETING Revised - TENTATIVE AGENDA 6:00 p.m. 1. Call to Order. 2. Approval of Agenda. 3. Approval of Minutes of November 7, 2013. 4. Approval of 2014 Calendar. 5. Appoint Board Officers for 2014. 6. Approval of 2014 Budget. 7. Business Ready Implementation Project. 8. Staff Updates. 9. Adjourn. ECONOMIC DEVELOPMENT AUTHORITY City of Apple Valley Dakota County, Minnesota November 7, 2013 Minutes of the special meeting of the Economic Development Authority of Apple Valley, Dakota County, Minnesota, held November 7, 2013, at 7:00 p.m., at Apple Valley Municipal Center. PRESENT: Commissioners Goodwin, Grendahl, Hamann-Roland, Hooppaw, Maguire and Melander. ABSENT: Commissioner Bergman City staff members present were: Executive Director Lawell, City Attorney Dougherty, Public Works Director Blomstrom, City Planner Lovelace, Planner Bodmer, Planner Dykes, City Engineer Manson, and Department Assistant Murphy. Meeting was called to order at 7:45 p.m. by Vice-President Goodwin. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Hamann-Roland, approving the agenda. Ayes - 6 - Nays - 0. APPROVAL OF MINUTES MOTION: of Hamann-Roland, seconded by Grendahl, approving the minutes of the special meeting of August 22, 2013, as written. Ayes - 6 - Nays — 0. APPOINT BOARD OFFICERS FOR 2013 MOTION: of Hamann-Roland, seconded by Grendahl, appointing Tom Goodwin as president of the Economic Development Authority. Ayes - 6 - Nays — 0. MOTION: of Grendahl, seconded by Hooppaw, appointing Tom Melander as vice-president of the Economic Development Authority. Ayes - 6 - Nays — 0. MOTION: of Goodwin, seconded by Hamann-Roland, appointing Clint Hooppaw as treasurer of the Economic Development Authority. Ayes - 6 - Nays — 0. MOTION: of Grendahl, seconded by Hamann-Roland, appointing Pamela Gackstetter as secretary and assistant treasurer of the Economic Development Authority. Ayes - Nays — 0. MOTION: of Hamann-Roland, seconded by Grendahl, adopting Resolution No. EDA 2013- 05 appointing 2013 officers of the Economic Development Authority as: President —. Goodwin, Vice-President — Melander, Secretary — Gackstetter, Treasurer — Hooppaw, and Assistant Treasurer — Gackstetter. Ayes - 6 - Nays - 0. Economic Development Authority City of Apple Valley Dakota County, Minnesota November 7, 2013 Page 2 Chamber of Commerce President Ed Kearney thanked the Commission for selecting Mike Maguire to fill the vacant position on the Commission. ADJOURNMENT MOTION: of Hamann-Roland, seconded by Grendahl, to adjourn. Ayes - 6 - Nays - O. The meeting was adjourned at 7:53 p.m. Respectfully Submitted, Jo Murphy, Department Assista Approved by the Apple Valley Economic Development Authority on City of Apple Vale TO: FROM: Joan Murphy, Department Assistant MEETING DATE: January 23, 2014 SUBJECT: 2014 CALENDAR Attached is a 2014 calendar schedule for the Economic Development Authority to hold meetings. These meetings will be held on the fourth Thursday of every other month in the Council Chambers at the Apple Valley Municipal Center. There are two approaches to d (1) at 6:00 p.m. or (2) immediately following the City Council meeting. The objective of establishing a specific day and time: Allows for better EDA member, public participation and staff planning. - Anticipates the need for resources to televise the meeting. - Utilizes the 4th Thursday of the month so that the EDA and City Council meetings could be conducted at adjacent meeting times. Recommended Action: Motion approving the 2014 calendar for the Economic Development Authority with a preferred start time. Board of the Apple Valley Economic Development Authority MEMO Community Development APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY * Odd date due to Holiday occurrence. 2014 MEETING CALENDAR Meetings are held on the fourth Thursday of every other month immediately following the 7:00 p.m. City Council meeting or at 6:00 p.m. at the Apple Valley Municipal Center, 7100-147th Street West. Thursday, January 23, 2014 Thursday, March 27, 2014 Thursday, May 22, 2014 Thursday, July 24, 2014 Thursday, September 25, 2014 *Tuesday, November 25, 2014 :jm TO: City of Apple Val e Apple Valley Economic Development Authority Board of Directors FROM: Tom Lawell, EDA Executive Director MEETING DATE: January 23, 2014 SUBJECT: APPOINTMENT OF 2014 OFFICERS The resolution organizing the Economic Development Authority provides that the offices of President, Treasurer, and Secretary be elected annually. The appointments remain in effect until the Board elects new officers. The meeting of the Economic Development Authority held November 7, 2013, the following officers were appointed: A draft resolution is attached, with blanks to be completed, that can be adopted to appoint the 2014 officers. Recommended Action: President Thomas Goodwin Vice-President Thomas Melander Secretary Pamela J. Gackstetter Treasurer Clint Hooppaw Assistant Treasurer Pamela J. Gackstetter MEMO Apple Valley Economic Development Authority Motion adopting the resolution appointing 2014 officers of the Economic Development Authority. APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA-14- A RESOLUTION APPOINTING 2014 OFFICERS FOR THE APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the Board of the Commissioners of the Apple Valley Economic Development Authority has heretofore adopted Resolution No. EDA-90-1 which provided for initial organization of the Board and adoption of Bylaws; and WHEREAS, said Resolution specifies that the offices of President, Treasurer, and Secretary shall be elected annually, as required by law; and. WHEREAS, said officers were appointed on January 23, 2014; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Apple Valley Economic Development Authority that it hereby appoints and approves the following officers of the EDA for 2014: ATTEST: President Vice-President Secretary Treasurer Assistant Treasurer ADOPTED this 23rd day of January, 2014. Pamela J. Gackstetter, Secretary Pamela J. Gackstetter Pamela J. Gackstetter , President City of Apple ev TO: President, Economic Development Authority Commissioners, and Executive Director FROM: Ron Hedberg, Finance Director Bruce Nordquist, Community Development Director DATE: January 23, 2014 SUBJECT: 2014 Budget for the Economic Development Operations Fund The activity areas in 2014 include: The Projected 2013 Fund balance is $925,863. Recommended Action: Approve 2014 EDA Budget, as presented. MEMO Finance Department The proposed 2014 budget, approved by the City Council, includes the Economic Development Operations Fund. Enclosed are the pages from the budget document that relate to this fund and it's use by the EDA. Continuing membership in the public/private economic development organization GREATER MSP. Their development marketing efforts broaden Apple Valley's reach to the region, nation and global markets. - Support a "Business Ready Development and Design" Ordinance for the Downtown. - Continue to participate with Dakota County CDA and other Dakota County member cities in the "Open to Business" small business support and development services. - Planning of a Nordic business development initiative that could include travel for EDA members in 2014. - Preparation of a Mixed Business Campus zoning and development ordinance to coincide with completion of sand and gravel mining within the Comprehensive Plan "MBC" designated area. COMPANY 1000 DEPART 9 ENT BUSINESS UN T 3210 ACTIVITY EDA Operations Fund DESCRIPTION OF ACTIVITY The EDA Operations fund was created many years ago and focused on the activities related to the Valley Business Park development, including a revolving loan program and the development and sale of commercial lots. That activity was completed and the EDA Operations fund assists the EDA in supporting business development opportunities as they arise. MAJOR OBJECTIVES FOR 2014 Continue as a member of GREATER MSP, the regional economic development organization with national and global contacts for local business development. Continue the "Open to Business" small business development service with the Dakota County CDA and Metropolitan Consortium of Community Developers. Develop a Mixed Business Campus ordinance for the active mining area south of County Road 42 and support the TOD guide plan and ordinance development. Assist with resources for tax forfeit property acquisition, as need arises. Participate in UPONOR Nordic Business Development Trade Mission. Participate in Dakota County Broadband Access Study IMPACT MEASURES / PERFORMANCE INDICATORS Actual Projected Projected Item 2010 2011 2012 Jobs added Open to Business Assistance Packages OUTLAY Projected 2013 4 -2 8 5- Projected 2014 600 8 Revenue: Development Charges Investment Earnings Expenditures: Training/Travel/Dues Other Exp. Net addition to Fund Balance 25,000 40,296 14,100 17,259 13,100 65,296 14,100 17,259 13,100 .100 10,000 10,000 10,000 10,000 7,500 7,500 10,000 17,500 10,000 17,500 10,000 22,500 32,500 14,200 100 14,200 30,100 52,500 82,600 Fund Balance Beginning Ending Summary Budget Desartment 93 EDA 0 erations Fund 2011 Bucket 2011 Actual 2012 P o'ected 2012 Actual 2013 Adosted 2013 o'ected 2014 874,559 882,708 938,004 938,004 945,263 945,263 925,863 874,559 938,004 934,604 945,263 940,863 925863 857,463 -v w ir 2014 CAPITA None Note: 2013 was the first year in which the EDA operations Fund has been budgeted." Object Account 6235 - CONSULTANT SERVICES 62.49 - OTHER CONTRACTUAL SERVICES 230 - CONTRACTUAL SERVICES 6270 SCHOOLS /CONFERENCES!EXP OTHEF 6278 - SUBSISTENCE ALLOWANCE 6280 DUES SUBSCRIPTIONS 6200 - TOTAL OPERATING COSTS 6301 OTHER EXPENDITURES 6300 TOTAL OTHER EXPENDITURE City of Apple Valley Budget Summary 2014 Budget EDA OPERATION 2012 Council 2011 Adopted Actual Amended Budget 06/30/13 2014 2014 YTD Dept Adrnin Actual Proposed Recomrn 2013 Council 2012 Adopted Actual Original Budget 7,500 10,000 10,000 10,000 , :. 10,000 10,000 17,500 7,500 -286 47,500 47,500 5,000 47o 6 2 , 600 1 6,500 2,100 10,000 11,51)0 7,500 7, 500 6001 EXPENDITURES 10,000 17,500 7,500 57,500 600 DEPT 93: EDA OPERATIONS FUND -3210 COMPANY 3210: EDA OPERATIONS ACCT 16,500 6235 CONSULTANT SERVICES Miscellaneous - MCCD Ordinance /MB Campus Downtown Plan (CDA Match) Total 6249 OTHER CONTRACTUAL SERVICES Share of Broadband Access Study Total DESCRIPTION 6276 SCHOOL /CONE /E P - OTHER Economic Development- UPONOR Nordic Business Development Trade Mission (3 5500) Total 6278 SUBSISTANCE ALLOVVANCE Economic Development - UPONOR Nordic Business Development Trade Mission (3 for 7 days © $ 100) Total 6230 DUES & SUBSCRIPTIONS Membership in local chapters of nordic Chambers of Commerce Greater IMP Total Total Net of Personnel TOTAL EXPENSES Note: 2013 is the first year in which the EDA operations Fund has been budgeted. CITY OF APPLE VALLEY 2014 BUDGET ACCOUNT DETAIL 2011 2012 2013 2013 COUNCIL COUNCIL COUNCIL YEAR END ADOPTED ADOPTED ADOPTED PROJECTED 17,500 32,500 17,500 32,500 - 287 2014 DEPT PROP 2014 ADMIN RECOMMEND 57,500 82,600 57,500 82,600 Apple City of Valley Economic Development Authority President, Board Members and Executive Director TO: FROM: Bruce Nordquist, AICP, Community Development Director MEETING DATE: January 23, 2014 SUBJECT: Business Ready Implementation Project MEMO Community Development Requested Action: Attached for the Apple Valley Economic Development Authority's consideration is an agreement with the Dakota County Economic Development Authority (EDA) to accept grant funding and hire a consultant to complete the Business Ready Implementation project. A completed ordinance and incorporated design guide will be used to guide development in the downtown. At its January 24, 2013, meeting, the City Council authorized staff to submit an application for a $15,000 Dakota County CDA Redevelopment Planning Grant which requires a match of $15,000. The EDA is requested to consider providing the $15,000 match from funds available to the EDA. Background: In 2012, the City hired Hoisington Koegler Group Inc. (HKGi) to prepare the Cedar Avenue Transitway Bus Rapid Transit Oriented Development Guide Plan ("BRTOD Guide Plan') which provides a draft set of design guidelines and a template for a BRTOD ordinance. The $30,000 funding received from the Dakota County Redevelopment Planning Grant and EDA match for the Business Ready Implementation would be used to ensure the City is ready with regulatory measures and design guidelines for development proposals. The regulatory work will be presented to stakeholders including property owners/business owners, Planning Commission, and City Council. An amendment is needed to both the Land Use Map and the text of the Comprehensive Plan to provide updated policies concerning development and redevelopment within the downtown. An overlay will allow for rezoning of properties as property owners are ready to reposition their properties. The overlay approach ensures that existing property uses do not become nonconforming by City action. Design guidelines will include development standards for site development, buildings, transit stations, streets, parking, trails/sidewalks, open space/greenways/plazas, landscaping, signage and lighting with an emphasis on connections within the downtown in all districts where "super blocks" and parking lots exist today. Completion of the ordinance will regulate development and redevelopment in the downtown as interest grows for property owners to reposition their properties. Building height, bulk and dimensional standards need to be addressed. 0 The final step will be to solicit the planning services required for the funding received. Staff approached HKGI for the work given their past work with the Comprehensive Plan and Cedar Corridor. Recommended Motion: • Approve the attached Dakota County Community Development Agency Redevelopment incentive Grant Program Planning Grant Agreement, extending the grant agreement for one year, for $15,000 with a $15,000 match from the EDA and authorize the President and the Secretary to sign the necessary documents. TO: FROM: Bruce Nordquist, AICP, Community Development Director MEETING DATE: January 23, 2014 SUBJECT: Business Ready Implementation Project Requested Action: Attached for the Apple Valley Economic Development Authority's consideration is an agreement with the Dakota County Economic Development Authority (EDA) to accept grant funding and hire a consultant to complete the Business Ready Implementation project. A completed ordinance and incorporated design guide will be used to guide development in the downtown. At its January 24, 2013, meeting, the City Council authorized staff to submit an application for a $15,000 Dakota County CDA Redevelopment Planning Grant which requires a match of $15,000. The EDA is requested to consider providing the $15,000 match from funds available to the EDA. Background: In 2012, the City hired Hoisington Koegler Group Inc. (HKGi) to prepare the Cedar Avenue Transitway Bus Rapid Transit Oriented Development Guide Plan ("BRTOD Guide Plan') which provides a draft set of design guidelines and a template for a BRTOD ordinance. The $30,000 funding received from the Dakota County Redevelopment Planning Grant and EDA match for the Business Ready Implementation would be used to ensure the City is ready with regulatory measures and design guidelines for development proposals. City of VAPPealle An amendment is needed to both the Land Use Map and the text of the Comprehensive Plan to provide updated policies concerning development and redevelopment within the downtown. An overlay will allow for rezoning of properties as property owners are ready to reposition their properties. The overlay approach ensures that existing property uses do not become nonconforming by City action. Design guidelines will include development standards for site development, buildings, transit stations, streets, parking, trails/sidewalks, open space/greenways/plazas, landscaping, signage and lighting with an emphasis on connections within the downtown in all districts where "super blocks" and parking lots exist today. Recommended Motion: • Approve the attached Dakota County Community Development Agency Redevelopment Incentive Grant Program Planning Grant Agreement, extending the grant agreement for one year, for $15,000 with a $15,000 match from the EDA and authorize the President and the Secretary to sign the necessary documents. MEMO Community Development Economic Development Authority President, Board Members and Executive Director The regulatory work will be presented to stakeholders including property owners/business owners, Planning Commission, and City Council. Completion of the ordinance will regulate development and redevelopment in the downtown as interest grows for property owners to reposition their properties. Building height, bulk and dimensional standards need to be addressed. The final step will be to solicit the planning services required for the funding received. Staff approached HKGI for the work given their past work with the Comprehensive Plan and Cedar Corridor. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY REDEVELOPMENT INCENTIVE G A NT PROGRAM PLANNING GRANT AGREEMENT THIS G • NT AGREEMENT entered into this 2nd day of May 2013 by and between the Dakota County Community Development Agency, a public body corporate and politic (the "Agency"), and the City of Apple Valley Economic Development Authority, a public body corporate and political subdivision of the State of Minnesota (the "Grantee" ). WHEREAS, pursuant to Resolution No 06-4092 the Agency has established the Redevelopment Incentive Grant Program (the "Program") to improve the tax base and quality of life in Dakota County assisting municipal redevelopment efforts and promoting the development of affordable housing; and WHEREAS, the activities to be undertaken under the Program are all activities that the Agency could undertake directly pursuant to Minnesota Statutes, §§469.001 to 469.047 and 469.090 to 469.1082; and WHEREAS, this Agreement shall constitute a cooperation agreement between the parties, as contemplated by Minnesota Statutes, §§469.041, clause (8) and 469.101, subdivisions 5 and 14; and WHEREAS, the Grantee submitted an application for a Redevelopment Incentive Planning Grant (the "Application") in response to a request for proposals issued by the Agency and will use the grant funds made available under this Agreement to help fund the planning project identified in Attachment A (the "Project"); and WHEREAS, the Agency as concluded that the Grantee has the necessary expertise, skill and ability to successfully complete the Project and that the Project is in the best interests of the Agency and will positively contribute to meeting the goals of the Program; and WHEREAS, the Grantee is a municipality of Dakota County that is supportive of the Agency's mission and of the development of affordable housing; and WHEREAS, the Agency agrees to provide grant funds to the Grantee pursuant to the Program and Resolution No. 13-5204, subject to the terms, conditions, and clarifications hereof. NOW THEREFORE, in consideration of the mutual covenants and agreement contained herein, the Agency and the Grantee agree as follows: ARTICLE 1: TE S OF GRANT 1.01 Grant Amount: The Agency agrees to provide a grant to the Grantee in the amount of Fifteen Thousand Dollars ($15,000.00) (the "Grant") from the Program upon the terms and conditions and for the purposes set forth in this Agreement. 1.02 Match Requirement: The Grantee shall match the total Grant amount received from the Agency based upon the expenditure of one dollar ($1.00) of Grantee funds ("Matching Funds") for each one dollar ($1.00) of Grant funding. Such Matching Funds shall (a) constitute the actual expenditure of Grantee funds on the Project described in Attachment A and not "in kind" contributions and (b) be in balance at the time of each Grant disbursement pursuant to Section 1.06 hereof. The source and amount of Matching Funds shall be identified by the Grantee in each Reimbursement Request, as described in Section 1.06. 1.03 Use of Funds: The Grantee agrees to use the proceeds of the Grant solely for the purposes and activities described in Attachment A. A Project summary that identifies eligible uses of Grant proceeds, as approved by the Agency, is contained in Attachment A ("Eligible Uses"). 1.04 Grant Term: The Project shall be completed in a timely manner and all Grant funds will be expended upon the later of (a) eighteen (18) months of the date of this Agreement or (b) December 31, 2014 (the "End Date"). For purposes of this Agreement "Completed" means submission of the final planning report to the Agency. 1.05 Term Extension: The End Date may be extended beyond the original End Date at the sole discretion of the Executive Director of the Agency. The Grantee must submit any extension request in writing at least thirty (30) calendar days prior to the End Date (a) stating the reason for the extension request, (b) providing a proposed new End Date and (c) describing in reasonable detail proposed changes to the Project activities and budget, if any. The End Date may be extended only once and the extension shall not exceed one (1) year beyond the original End Date. 1.06 Disbursement of Grant Funds: The Agency will disburse Grant funds in response to written reimbursement requests ("Reimbursement Requests") submitted to the Agency by the Grantee upon forms provided by the Agency and accompanied by (a) copies of bills and invoices from third parties for which Grantee seeks reimbursement and (b) proof of expenditure of Matching Funds in an amount at least equal to the amount of the Reimbursement Request. Subject to verification of the facts contained in each Reimbursement Request and a determination of compliance with the terms of this Agreement, the Agency will disburse the requested amount to the Grantee within fourteen (14) days after receipt of each Reimbursement Request. 1.07 Release of Unused Grant Funds: Upon the earlier of (a) Completion of the Project or (b) the End Date (the "Grant Release Date"), any Grant funds not previously disbursed to the Grantee for any reason shall be automatically released from the terms of this Agreement. ARTICLE 2: ACCOUNTING, AUDIT AND REPORTING REQUIREMENTS 2.01 Accounting and Records: The Grantee agrees to accurately and completely establish and maintain detailed accounts and records relating to the receipt and expenditure of all Grant funds received under this Agreement. Such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the Grant Release Date. Such financial records shall sufficiently evidence the nature and expenditure of all Match Funds required. Accounting methods shall be in accordance with generally accepted accounting principles. 2.02 Audits: The accounts and records of the Grantee described in Section 2.01 shall be audited in the same manner as all other accounts and records of the Grantee and may, for a period of six (6) years following the Grant Release Date, be inspected on the Grantee's premises by the Agency or individuals or organizations designated by the Agency, upon reasonable notice thereof to the Grantee. The books, records, documents and accounting procedures relevant to this Agreement are subject to examination by the State Auditor in accordance with State law. 2.03 Report Requirements: The Grantee shall periodically report to the Agency regarding the status of Project activities and the expenditures of the Grant funds. Reports are due on each May 31 and November 30 during the Grant term, as defined in Section 1.04. A final report is due sixty (60) days following the Grant Release Date. This reporting requirement and all others required in this Agreement shall survive the termination or expiration of this Agreement. 2.04 Public Bidding: The Grantee, in the expenditure of Grant funds, shall at all times comply with the requirements of Minnesota Statutes, §§469.015 and 471.345. ARTICLE 3: GRANTEE PRESENTATIONS AND WA NTIES 3.01 Authority: Grantee warrants that it is duly organized under applicable laws of the State of Minnesota and that it has authority to execute, deliver, and perform its obligations under this Agreement. 3.02 Use of Grant Funds: Grantee warrants that it shall use the proceeds of the Grant solely for Eligible Uses in accordance with Section 1.03 hereof. 3.03 Acknowledgements: The Grantee shall acknowledge the assistance provided by the Agency and Dakota County in promotional materials, press releases, reports and publications relating to the Project activities that are funded in whole or in part with the Grant funds. The acknowledgement should contain the following language: "Financing for this project was provided by the Dakota County CDA Redevelopment Incentive Grant Program and support from Dakota County". 3 3.04 Assignment: Grantee shall not cause or permit any voluntary transfer, assignment, or other conveyance of this Agreement without the written consent of the Agency, which said consent may be withheld it the Agency's sole discretion. Any non- approved transfer, assignment or conveyance shall be void. 3.05 Indemnification: Grantee shall defend, hold harmless and indemnify the Agency and its elected and appointed officials, officers, agents and employees from and against all claims, liability, costs expenses, loss or damages of any nature whatsoever, including reasonable attorney's fees, arising out of or in any way connected with its failure to perform its covenants and obligations under this Agreement and any of its operations or activities related thereto, excluding the willful misconduct or the gross negligence of the person or entity seeking to be defended, indemnified, or held harmless. The provisions of this paragraph shall survive the termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Agency of any immunities or limits on liability provided by applicable State law. ARTICLE IV: DEFAULT AND REMEDIES 4.01 Default Defined: The term "Default" shall mean, whenever it is used in this Agreement (a) any failure by the Grantee to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed hereunder or (b) any material breach of any representation set forth herein. 4.02 Remedies: Whenever a Default occurs, the Agency may immediately, without notice, suspend its performance under this Agreement. After providing thirty (30) days written notice to Grantee of a Default, but only if the alleged Default has not been cured within said thirty (3 0) days or, if the alleged Default cannot be cured within said thirty (30) days, within such time as is reasonably determined by the Agency as necessary to cure (assuming Grantee diligently pursues such cure), the Agency may (a) terminate this Agreement by written notice, upon which all non-disbursed Grant Funds shall be released, and/or (b) pursue whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any amounts due under this Agreement or to enforce the performance and observance of any obligation, agreement, or covenant hereof. 4.03 No Remedy Exclusive: No remedy herein conferred upon or reserved to the Agency 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. In order to entitle the Agency to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as provided in Section 4.02. 4 4.04 No Additional Waiver Implied by One Waiver: In the event any agreement contained in this Agreement should be breached by the Grantee and thereafter waived by the Agency, 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. ARTICLE 5: GENE 1 L PROVISIONS 5.01 Amendments: The Agency and the Grantee may amend this Agreement by mutual agreement and shall be effective only on the execution of written amendments signed by authorized representatives of the Agency and the Grantee. 5.02 Equal Opportunity: The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in local civil rights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 5.03 Conflict of Interest: The members, officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 5.04 Severability: If one or more provisions of this Agreement are found invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions shall not in any way be affected, prejudiced, disturbed or impaired thereby, and all other provisions of this Agreement shall remain in full force. 5.05 Time: Time is of the essence in the performance of the terms and conditions of this Agreement. 5.06 Contacts: Reimbursement Requests, written reports and correspondence submitted to the Agency pursuant to this Agreement shall be directed to: Dakota County CDA Attn: Assistant Director of Community & Economic Development 1228 Town Centre Drive Eagan, MN 55123 Any notice, demand, or other communication under the Agreement to the Grantee shall be sufficiently given or delivered if it is dispatched by registered or certified mail, 5 postage prepaid, return receipt requested, or delivered personally to Grantee at: City of Apple Valley Attn: Bruce Nordquist, Community Development Director 7100 147 St. W. Apple Valley, MN 55124 or at such other address that Grantee may, from time to time, designate in writing. Mailed notices shall be deemed duly delivered two (2) business days after the date of mailing. 5.07 Warranty of Legal Capacity: The individuals signing this Agreement on behalf of the Grantee and on behalf of the Agency represent and warrant on the Grantee's and the Agency's behalf respectively that the individuals are duly authorized to execute this Agreement on the Grantee's and the Agency's behalf, respectively and that this Agreement constitutes the Grantee's and the Agency's valid, binding and enforceable agreements. 5.08 Counterparts: This Agreement may be executed in multiple counterparts, and all such executed counterparts shall constitute the same Agreement. It shall be necessary to account for only one (1) such counterpart executed by each party hereto in proving the existence, validity or content of this Agreement. IN WITNESS WHEREOF, the Grantee and the Agency have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Agency. 6 Agency: The Dakota County Community Development Agency By: Dated: Mark S. Ulfers, Executive Direc 7 Grantee: The City of Apple Valley Economic Development Authority And Dated: By: By: Thomas C. Goodwin, President Pamela J. Gackstetter, Secretary 8 ATTACHMENT A Planning Project Name: BRTOD Guide Plan Location: Cedar Avenue Transitway stations stops — 1 40th Street, 147 Street, and 155 Street Redevelopment Planning Project Description: Complete design guidelines (including building height, development density, etc); prepare Comprehensive Plan amendment; and establish a BRTOD Zoning District. Project Activities: Guide Plan Funding Sources: City of Apple Valley Dakota County RIG Budget: $30,000 Amounts: $15,000 $15,000 9 M.'rAt','Tfk,:''..feat'tmVV'::.,C,N.Tnto."MK,:'MWW:Wfi.VZVPAV,R:,tn::Ir',',VM'V,',C,VCZZ.7ZORPN:igA,'VLMNT:,::.nf,kn;'/RSgVnqgFMVIAKi.F..ZVZRFWTIVIVZMMVSIEVSPPMVMVPV'P.P.TVZR*F'it'.fz',ZSILZECel.,.g.rad