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Home My WebLink About07/10/2014 Meeting ..« :... ».... .... "'` Meeting Location: Municipal Center City of App�e 7100 147th Street West Valley Apple Valley, Minnesota 55124 JULY 10, 2014 CITY COLJNCIL INFORMAL MEETING TENTATIVE DISCUSSION ITEMS 5:30 P.M. 1. Council Discussion Items. (5 min.) 2. Cedar Avenue Bridge Repair and Painting Project Update. (20 min.) 3. Parkside Village Gabella Update. (25 min.) 4. Review 2013 Comprehensive Annual Financial Report. (25 min.) 5. Adj ourn. CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA 7:00 P.M. 1. Call to Order and Pledge. 2. Approval of Agenda. 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda. 4. Approval of Consent A�enda Items *: *A. Approve Minutes of June 26, 2014, Regular Meeting. *B. Receive 2013 Comprehensive Annual Financial Report. *C. Approve Receipt of 2015 Municipal Financial Requirements as Certified by Apple Valley Fire Relief Association Board of Trustees. *D. Waive Second Readings and Pass Ordinances Regulating Electronic Delivery Devices and Nicotine and Lobelia Delivery Products, Effective August 1, 2014: *1. Amending Chapter 34 Entitled"Personnel". � *2. Amending Chapter 115 Entitled "Tobacco Regulations". *E. Adopt Resolutions Setting Public Hearings: *1. August 14, 2014, at 7:00 p.m., for Vacation of Drainage and Utility Easements in Cortland Addition. *2. August 14, 2014, at 7:00 p.m., for Vacation of Right-of-Way in Cortland Addition. *F. Adopt Resolution Approving Plans and Specifications for Apple Valley Liquor Store #2 Interior Remodel, and Authorizing Advertising for Receipt of Bids at 10:00 a.m. on July 31, 2014. *G. Approve Contract with Budget Sandblasting & Painting, Inc., for AV Project 2014-118, 2014 Reconditioning and Painting of Steel Fence Sections, Fence Supports Posts, and Decorative Light Poles - $61,324.0�0. * Items marked with an asterisk(*)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. (continued on reverse side) 4. Approval of Consent Agenda Items * - Continued: *H. Approve Holyoke Area Flood Drainage Improvement Agreement for Lot 8, Block 2, Palomino Lakeside Meadows 3rd Addition. *I. Approve Professional Service Agreement with Black & Veatch for AV Project 2013-168, Well 16 Analysis - $60,000.00. *J. Approve Change Order No. 1 to AV Project 2014-101, 2014 Street Improvements - Add $25,096.00. *K. Approve Change Order No. 1 to AV Project 2014-126, Floating Pier, with Marine Connection, Inc., d/b/a Marine Dock & Lift, by Deducting $538.00, and Approve Acceptance and Final Payment of$47,794.00. *L. Cancel City Council Meeting Scheduled July 24, 2014. *M. Approve Personnel Report. 5. Re ulg� ar Agenda Items: A. Night to Unite Celebration: 1. Proclaim 6th Annual "Night to Unite" on August 5, 2014, and Review Schedule of Activities. 2. Resolution Accepting Donation of$500.00 in Gift Cards from Wal-Mart. B. Regent's Point: 1 Resolution Considering Environmental Assessment Worksheet (EAW). 2. Ordinance Approving Planned Development. (Recommend waiving second reading.) 3. Resolution Approving Planned Development Agreement. 4. Resolution Approving Final Plat and Development Agreement. 5. Restoration Agreement. 6. Resolution Permitting Conveyance of City-Owned Property. 7. Resolution Approving Natural Resources Management Permit for Quarry Ponds West. 8. Resolution Approving Natural Resources Management Permit for Regent's Point. 9. Resolution Awarding Contract with Designing Earth Contracting, Inc., for AV Project 2013-149, Regent's Point Street and Utility Improvements. � C. The Legacy of Apple Valley Sixth Addition/Remington Cove: 1. Hold Public Hearing on Vacation of Easements in The Legacy of Apple Valley, The Legacy of Apple Valley Second Addition, and The Legacy of Apple Valley Fourth Addition, and Utility Easement per pocument No. 161195. 2. Resolution Completing Vacation. 3. Resolution Approving Final Plat and Development Agreement. 4. Amended Planned Development Agreement. 5. Assignment of Development Agreement. D. Parkside Village Gabella: 1. Resolution Approving Revised Business Subsidy Agreement. 2. Resolution Approving Revised Development Assistance Agreement. 3. Amended Planned Development Agreement. 4. Resolution Approving Final Plat and Development Agreement. 5. Regular A�enda Items - Continued: 5. Resolution Reauthorizing Site Plan/Building Permit Approval to Construct 196-Unit Parkside Village Gabella Building. 6. Other Staff Items. 7. Council Items and Communications. 8. Calendar of Upcoming Events. , 9. Claims and Bills. 10. Adj ourn. NEXT REGULARLY SCHEDULED MEETINGS: Thursday July 24 7:00 p.m. (Regular) Thursday August 14 5:30 p.m. (Informal) " " 7:00 p.m. (Regular) Thursday August 28 7:00 p.m. (Regular) Regular meetings are broadcast, live, on Charter Communications Cable Channel 16. (Agendas and meeting minutes are also available on the City's website at www.cityofapplevalley.org) I ', �5�`NN�� . ��—� . �� • , �OFTfii�e� Highway 77 Bloomington, Eagan,Burnsville Highway 77 Minnesota River Crossing �?soje�t Rrea 77 . . t�y� �'. . ... _ Otr H .. . a . � ¢� ti�+SO .... / .�'� � 7i �� x�° �a rUlap af 20�5 Projec�Area About • Project work will include: o Replace bridge joints and guardrail o Paint bridges and walkway Traffic impacts • Directional closure with detours � Pedestrian/bicyclist closures II�I • Trail bridge closed for the duration of the project • Long Meadow Trail will have temporary closures Benefits • Preserves bridge infrastructure For More Information Visit: mndot.qov/metro%proiects/hwv77mnriver/or contact: Kirsten Klein, Public Affairs Coordinator, 651-234-2506, kirsten.klein@state.mn.us " J.�� . 7/10/2014 . _ _ _, a- _�_ . � . �„r � n � � ,- _ � „ � Mr� C�C�T TH �7 �rid � � W�rk � ��. �, � •.- .y � 4 � _ • _ Pr�►j�ct �v�rvi�w ► Bridges constructed i n 19 78 ,..�..��„�� Preventative - � � � � maintenance necessary � � �� '�� '� � ► The project incl�udes ��,� �� ' � � � � the following items: � � � � � Guardrail update ' �� Painting �� .Joint and Bearing � �� replacement � � _� � �� „ � � � - ► Currently �in final � � �� „ �"�� design, project is to � � °�� z�� be let in October. � � � � M� . �. . . . �� r:. ; t v � � • � � % � G � 1 7/10/2014 • �ua�rdrail Update� ► Update guardrail to current standards to increase safety. . � �� f � 4 ' °fl I' � � �xn..m�, � ��'�Sa� �rw�l .i �� G„+� t �.��"�"? ' (� �±� — �� g ' �,� >, b ��'��y� ��,�� . �� , �� s��e�"��utx �"(' f �t"j � � s ` ��1 � � �"'"�. ��:v�..�. �z� ri>ia u � � � �� +�� . _ ; , ,—��,. � �� +�.._ �� . Pf � � �� i.��n... _ . .,w.. . . � tll{ ,.:.� � ��a ' . — • P�i nti ng ► Each bridge will ,��.. �. take ��"' ��: � � approximately �� , � � 10-12 days to �� ` _ � �, -� - pai nt. �� ► There are � � � �� , �� r:�,: � � 182,000 SF of �� °�.� � �� ,� steel which will �'�� , � �a.� �� .� �� be repainted t� � ��-� �-�� '�`�u ;� with this � project. ti, . � � � � � '` � . .. 4-S � , . . . . • ; � � � � � � � � 2 7/10/2014 i �oir�t R�placer��nt ► Each bridge will receive 3 strip seals, 1 modular joint and bearing replacement. ► The concrete cure time is from 7-10 days. � '� ��_� ,��. '� ,�.�� i � � � „�;��-a� s;� .�p. , : � . a.. ,}, ��a�- �� _ "``�_ � ,r�,� * 1f � , a _�._ � ' ��a�' �,�� _. �� :� 4��r ,v � �� : " � �k = � r� �� m � � � � :� � . . . - r�`"��4 - . , � . . . �t- �'..::-: + . � � - � � . . .._. . _.. . .._ — . . . . • Traffic �ontrol �ptions Evaluated ► 2 options were evaluated � Head to Head Traffic � Directional Closure ► Worked with Dakota County, MVTA, Cities and the Paragon development. � � � i �� • * .. � . , _ :�,._ ___ � _._ � . r _ � — __ .� _ 3 7/10/2014 • Traffic Control 4ptions Evaluated ► Head to Head Option � Reduced TH 77 to 2 lanes in each direction for a 6 week duration. • Longer construction duration is necessary for . crossover installation and removal and striping the bridges. � Traffic impacts to both directions for 6 weeks. � Minimal/no transit advantage rr `" �: u•a !� . . � �� -._ , �-�. ��,�_ - s Traffic Control tJptions Evaluated ► Directional Closure � This is the option which has been selected. � Intense traffic impacts to one direction at a time for 2 weeks. � We've realized better concrete joint products when we are able to fully close the bridge to complete replacement � Positive reaction from travelers for shorter, more intense disruptions. � Transit advantage remains in open direction. � Close TH 77 for a 2 week duration per side. � �� -,�� _ � � a ffi^€'�^� � i - � . � � �4 �7r - . � � . �� ° .�..._ ,. � ' ' �� • . ;� � ' _ ��r �r,,.,� .�,r• - , a.,� -�__ � _ - 4 y 7/10/2014 . Trafifi� Ca�ntrol Infc�rrn�ti�n ► Directional Closure � Ciosure wili occur between TH 13 and Oid Shakopee Rd. � Traffic analysis complete • Off-peak travel time may increase by 5-10 minutes • Peak travel time may increase by 10-20 minutes � TH 77 Closure: • Signed detour route will be 35E to 494 � TH13 • Access limitations during closures on TH 77 rir � � � � � Publie lnforr�nation � t�utrea�l� � ► Public Outreach � Similar approach to recent 135 project • MnDOT Website (http://www.dot.state.mn.us/metro/projects/hwv77m n river • Constant Contact • Twitter • Facebook � Business Liaison � � � � . � �� " ��. �� .. , . _ � � � �, _ _ ';�"' .��` �:� _ _ �' ��_ � 5 7/10/2014 • . �,u�St�ons� Thank you, Mofly Kline MnDOT South Area Support Engineer Mo(Iv.Kline@state.mn.use 651-234-7723 rx R � o"�a = � • 6 i•� iflri§�/D- . . . ii1M!ffi r :°�a� ITEM: �,N r '�� City Of,��1M�� COUNCIL MEETING DATE: JUIy 10, 2014 ��/' secrioN: Informal Agenda ITEM DESCRIPTION: Parkside Village Update STAFF CONTACT: DEPARTMENT/DIVISION: Bruce Nordquist, Community Development Director Community Development Department Action Requested Review and discuss Parkside Village. This is an information item and no action is requested as part of this informal review. Both the City Council and Economic Development Authority will consider actions related to Parkside Village duririg the regularly scheduled meetings the evening of July 10. Summary In January 2013, actions were taken by the City Council and economic Development Authority approving the development of Parkside Village. Since that time,progress has been made: - A Confession of Judgement with Dakota County has addressed the scheduled payment of special assessment. - Final plans have been reviewed for issuance of a building permit. - Construction and permanent financing has been secured for the project. The owner, IMH Special Asset NT 175-AVN, LLC and Titan Development I, LLC are requesting a two phase approach to development starting with the 196-unit Gabella building. A second phase � and the construction of the 126-unit Galante building is planned to follow. Given the span of time that has occurred, staff is planning to re-introduce the approved project as a two phase project at the Informal City Council session. The attachments for this review are included at the City Council Regular Agenda SD, 1 through 5. ... .IN F-'� :::.. .... ,... City of App�e Va��ey MEMo Finance Depariment TO: Mayor, City Council, and Tom Lawell, City Administrator FROM: Ron Hedberg, Finance Director DATE: July 6, 2014 SUBJECT: Presentation of 2013 Comprehensive Annual Financial Report Introduction: Jim Eichten Managing Partner with the City's auditing firm, Malloy Montague Karnowski Radosevich and Co. P.A. (MMKR) will present the 2013 Comprehensive Annual Finance Report and review their Management Report at the informal work session on July 10, 2014. Included with the council packet information are three separate bound documents; the first is a copy of the Comprehensive Annual Financial Statements (CAFR), the second is auditor's Management Report, and the third is Special Purpose Audit Reports including opinions on compliance with Government Auditing Standards and Legal Compliance. Since the documents are large, a good place to start reviewing the documents would be the Transmittal Letter (starting on page iii), the Management Discussion and Analysis letter in the financial statements (starting on page 4) and with the Auditor's Management Report and their financial analysis section beginning on page 5 of that report. Last year was the second year that the City of Apple Valley participated in the Certificate of Achievement for Excellence in Financial Reporting program administered by the GFOA, the City of Apple Valley was awarded the Certificate for the 2012 CAFR. Staff believes that the current year's submission will also meet the requirements to receive the award. The presentation will cover some of the highlights of the year. If the Council has some items that they wonld like to be sure is covered just let me know prior to the meeting and we will be sure to cover it in the presentation. � . A CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 2014 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 26, 2014, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Acting Mayor Goodwin; Councilmembers Grendahl, and Hooppaw. ABSENT: Mayor Hamann-Roland and Councilmembers Bergman. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Parks and Recreation Director Bernstein, Public Works Director Blomstrom, Planner Bodmer, Planner Dykes, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, City Engineer Manson, Community Development Director Nordquist, Deputy Fire Chief Russell, and Police Captain Scott. Acting Mayor Goodwin called the meeting to order at 7:01 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Hooppaw, approving the agenda for tonight's meeting, as presented. Ayes - 3 -Nays - 0. AUDIENCE Acting Mayor Goodwin 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 Acting Mayor Goodwin 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 - 3 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Hooppaw, seconded by Grendahl, approving the minutes of the regular meeting of June 12, 2014, as written. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2014-90 accepting, with thanks, the donation of$500.00 in gift cards from Buffalo Wild Wings for use by Parks and Recreation Department. Ayes - 3 -Nays -0 CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 2014 Page 2 MOTION: of Hooppaw, seconded by Grendahl, approving issuance of a lawful gambling exempt permit,by the State Gambling Control Board,to Apple Valley Rotary Scholarship Foundation, for use on October 25, 2014, at Apple Valley Ford Lincoln, 7200 150th Street W., and waiving any waiting period for State approval. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving a change in officers for,Apple Valley American Legion, Post 1776, in connection with the On-Sale Club License and Special License for Sunday Liquor Sales, at 14521 Granada Drive,naming John A. Hunter as 2nd Vice Commander, and David L. Cardinal as Operations Committee, as described in the City Clerk's memo. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to Helping Out Our American Heroes (H.O.O.A.H.), Inc., by Minnesota Alcohol and Gambling Enforcement Division, for use on July 26, 2014, from 8:00 a.m. to midnight, in the north parking lot at Bogart's/Apple Place Bowl, 14917 Garrett Avenue, as described in the City Clerk's memo dated June 23, 2014. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 969 amending Section 111.04 of the City Code by regulating Alcoholic Beverages. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2014-91 approving the final plat and Subdivision Agreement for Cobblestone Lake Commercial5th Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2014-92 approving the final plat and Subdivision Agreement for Cortland Third Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Pre-Development Agreement with Dakota County Community Development Agency (CDA) for development of two parcels in Central Village West, and authorizing the Acting Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0 MOTION: of Hooppaw, seconded by Grendahl, approving the Holyoke Area Drainage Improvement Agreement with Terri Langfus, on Lot 1, Block 2, Palomino Lakeside Meadows 3rd Addition, as attached to the City Engineer's memo dated June 26, 2014, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Holyoke Area Drainage Improvement Agreement with Dakota County Community Development Agency, CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 2014 Page 3 on Lot 4, �lock 1, Palomino Lakeside Meadows Sth Addition, as attached to the City Engineer's memo dated June 26, 2014, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Holyoke Area Drainage Improvement Agreement with Anthony T. Tegels and Christopher R. Tegels, on Lot 10, Block l, Palomino Lakeside Meadows 6th Addition, as attached to the City Engineer's memo dated June 26, 2014, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving Work Site Agreement and Statement of Work with Tree Trust, at a cost not to exceed $3,000.00 plus materials, as attached to the Parks and Recreation Director's memo, and authorizing the Acting Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Water Quality Improvement Cost Share Program Agreement with Nancy Joy Hegg for raingarden at 12968 Fich Way, in the amount not to exceed$500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Professional Services Agreement with Short Elliot Hendrickson, Inc., for AV Project 2014-129, Lift Station 3 Replacement Design, in an estimated amount of$39,588.00 in 2014 and $13,197.00 in 2015. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2014-93 awarding the contract for AV Project 2014-112, Cortland 3rd Addition Street and Utility Improvements, to Northwest Asphalt, Inc.,the lowest responsible bidder, in the amount of$1,106,119.94. Ayes - 3 -Nays- 0. MOTION: of Hooppaw, seconded by Grendahl, approving Change Order No. 1 to the contract with Ameresco, Inc., for Energy Savings Performance Contract, resulting in no change to the contract amount. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, accepting Energy Savings Performance Contract, as complete and authorizing final payment on the agreement with Ameresco, Inc., in the amount of$44,982.00, contingent upon receipt of all required documentation. Ayes- 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, declaring twenty EZGO Golf Carts as surplus and authorizing trade-in towards the purchase of a 2012 Cushman Hauler Gas Utility Vehicle and a 2014 Cushman Refresher Gas Beverage, as described in the Parks and Recreation Department Director's and Valleywood Manager's memo dated June 23, 2014. Ayes - 3 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 2014 Page 4 MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2014-94 setting a public hearing at 7:00 p.m., on July 10, 2014, to consider vacating easements as dedicated on the plats of The Legacy of Apple Valley, The Legacy of Apple Valley Second Addition, and The Legacy of Apple Valley Fourth Addition; lying over, under, and across Lot 1, Block, l, The Legacy of Apple Valley Fourth Addition. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving hiring the seasonal and part time employees, and resignation of employee, as listed in the Personnel Report dated June 26, 2014. Ayes - 3 -Nays - 0 END CONSENT AGENDA QUARRY PONDS WEST PRELIMINARY PLAT Mr. Lovelace reviewed the request by Arcon Land III, LLC, and Fischer Sand and Aggregate, LLP, for a preliminary plat for the subdivision of Outlot D, Regent's Point into 33 single-family residential lots. Outlot D is a 10.5-acre parcel located on the north side of 160th Street W. and approximately one-half mile west of Pilot Knob Road. He noted the Planning Commission considered this item on May 21, 2014, and voted unanimously to recommend approval. Mr. Manson reviewed the street and drainage improvements proposed for the site. Discussion followed. Mr. Scott Johnson, President of Arcon Land III, stated a significant portion of the market likes the open space provided on lots that abut ponds and other features, such as golf courses. The City Council continued discussion. Mr. Lovelace said staff has scheduled an additional public meeting on July 1, 2014, at 7:00 p.m. to further discuss this project. Mr. Dougherty affirmed that the recommended action complies with the letter from the Minnesota Environmental Quality Board (EQB) dated June 16, 2014. Mr. Steven Slinger, 132nd Street Court, commented about fish and wildlife living in and or near the pond and asked that it be preserved. Ms. Carla Rechtzigel, 15973 Fennel Court, commented about the wildlife and the timing of the public meeting, and requested an Environmental Assessment Worksheet (EAW) be completed prior to any City Council actions. CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 2014 Page 5 Mr. Gene Rechtzigel, 6533 160th Street W., addressed the Council regarding various aspects of the proposed project. Discussion continued. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2014-95 approving the preliminary plat of Quarry Ponds West Addition, for 33 single-family residential lots, with conditions as recommended by the Planning Commission. Discussion followed. Mr. Matt Duffy, legal counsel for Fischer Sand and Aggregate, provided an update on current litigation. Vote was taken on the motion: Ayes - 3 -Nays - 0. MVTA BUS LAYOVER FACILITY Ms. Dykes reviewed the request by Minnesota Valley Transit Authority (MVTA) for an ordinance amending PD-507 to allow for a bus layover facility, an Interim Use Permit(IUP) for a 231-space overflow parking lot, and a site plan review/building permit authorization for a bus layover facility with a building approximately 600 sq. ft. The Planning Commission held a public hearing on Jurie 4, 2014, and no comments were received. On June 18, 2014, the Planning Commission voted unanimously to recommend approvaL MOTION: of Grendahl, seconded by Hooppaw,waiving the procedure for a second reading and passing Ordinance No. 970 amending Planned Development 507/zone 7b,to allow a bus layover facility for the exclusive use of public transit providers as part of a mixed-use development. Ayes - 3 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2014-96 approving an Interim Use Permit for a 231-space overflow parking lot on Lot 1, Block 1, Menard Addition, with conditions as recommended by the Planning Commission. Ayes - 3 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2014-97 approving the site plan and authorizing issuance of a building permit for construction of a bus layover facility and approximately a 600 square foot building on Lot l, Block 1, Menard Addition, with conditions as recommended by the Planning Commission. Ayes - 3 -Nays - 0. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 2014 Page 6 ORDINANCE AMENDING PD-290/ZONE 4—CLASS III DRIVE THRU Ms. Bodmer reviewed the request by Caribou Coffee Company, Inc., for an ordinance amending PD-290 to allow a drive-thru window in connection with a Class III Restaurant. The Planning Commission held a public hearing on June 4, 2014, and no comments were received. On June 18, 2014,the Planning Commission voted unanimously to recommend approvaL Discussion followed. Mr. Duane Perry, of Wilkus Architects, addressed the Council. Discussion continued. MOTION: of Goodwin, seconded by Bergman,waiving the procedure for a second reading and passing Ordinance No. 971 amending PD-290,to allow a drive-thru window in connection with a Class III Restaurant, with conditions as recommended by the Planning Commission. Ayes - 3 -Nays - 0. ORDINANCE AMENDING CHAPTER 154—SIGNS Ms. Dykes gave the first reading of an ordinance amending Chapter 154 of the City Code regulating signs. The Planning Commission reviewed this on June 18, 2014, and voted unanimously to recommend approval. MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 972 amending Chapter 154 of the City Code regulating signs. Ayes - 3 -Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Grendahl, approving the calendar.of upcoming events as included in the City Clerk's memo dated June 23, 2014, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 3 - Nays - 0. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Hooppaw, to pay the claims and bills, check registers dated June 19, 2014, in the amount of$1,701,829.22; and June 26, 2014 in the amount of$317,761.83. Ayes - 3 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw,to adjourn. Ayes - 3 -Nays - 0. The meeting was adjourned at 9:12 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 26, 2014 Page 7 Respectfully Submitted, 614u'.a?A�-t� Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on MM�• � � � •�ifi •f!• •i!^ city of App�e Va��ey NiEMo Finance Department TO: Mayor, City Council, and Tom Lawell, City Administrator FROM: Ron Hedberg, Finance Director DATE: July 6, 2014 SUBJECT: Receive 2012 Comprehensive Annual Financial Report Introduction: Jim Eichten Managing Partner with the City's auditing firm, Malloy Montague Karnowski Radosevich and Co. P.A. (MMKR) will present the 2013 Comprehensive Annual Finance Report and review their Management Report at the informal work session on July10, 2014. Included with the council packet information are three separate bound documents; the first is a copy of the Comprehensive Annual Financial Statements (CAFR), the second is auditor's Management Report, and the third is Special Purpose Audit Reports including opinions on compliance with Government Auditing Standards and Legal Compliance. Since the documents are large, a good place to start reviewing the documents would be the Transmittal Letter (starting on page iii), the Management Discussion and Analysis letter in the financial statements (starting on page 4) and with the Auditor's Management Report and their financial analysis section beginning on page 5 of that report. Last year was the second year that the City of Apple Valley participated in the Certificate of Achievement for Excellence in Financial Reporting program administered by the GFOA, the City of Apple Valley was awarded the Certificate for the 2012 CAFR. Staff believes that the current year's submission will also meet the requirements to receive the award. The presentation will cover some of the highlights of the year. If the Council has some items that they would like to be sure is covered just let me know prior to the meeting and we will be sure to cover it in the presentation. Recommended Aetion: Motion to receive the 2013 Comprehensive Annual Financial Report. ' ' ��* •••� COMPREHENSIVE .. ... � :�: ANNUAL 1 A e pl� FINANCIAL REPORT Va e � v � ' �; � . � ,.:>. :. � �� .� � � �# �,� �" � � �� ,.,c � � � �� ;,� �_''� $ # ' ,4 a��r� <, <;;� � � £ � + xa: , � , •�s��'� �� s � s. � s �� z . , , * .,. .�,r,.. . _, z � � , r "�'�� . ; * . z �.r .��,s� ' ��, � �� `" "� ; � ��. �� . ,��s �"� � '"°�,'.�...� }"`� ��; �;.��r � v 1ev�n', �, ,'� � , �,. �,r �TM i � �r�"z�e �fi��Jt .k�d�,!: �' : u:iy�P�y `"�d�4 q� '��'� (�, }�yy��{ % �,.L ' � ._....., c'. • � ,. �.: ,. :' . .. a._.. .. � ' ' �� .. . . . . ...... . ...... , . . ' City of Apple Valley 1 Minnesota � Year Ended December 31 , 2013 � � ' ' ' ' ' CITY OF APPLE VALLEY ' DAKOTA COUNTY,MINNESOTA Comprehensive Annual Financial Report ' for the Year Ended December 31,2013 ' ' 1 ' Prepared by Finance Department , CITY OF APPLE VALLEY ' 7100 147th Street West Apple Valley,Minnesota 55124 ' ' ' � ' t ' , ' ' ' ' ' , , THIS PAGE INTENTIONALLY LEFT BLANK ' ' ' , ' , t � , ' ' CITY OF APPLE VALLEY DAKOTA COUNTY,MINNESOTA ' Table of Contents ' Page ' INTRODUCTORY SECTION ' ELECTED OFFICIALS AND ADMINISTRATION i ORGANIZATIONAL STRUCTURE ii ' LETTER OF TRANSMITTAL iii—ix , CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING x FINANCIAL SECTION ' INDEPENDENT AUDITOR'S REPORT 1-3 ' MANAGEMENT'S DISCUSSION AND ANALYSIS 4-17 BASIC FINANCIAL STATEMENTS ' Government-Wide Financial Statements Statement of Net Position 18 Statement of Activities 19-20 ' Fund Financial Statements Govenunental Funds Balance Sheet 21-22 , Reconciliation of the Balance Sheet to the Statement of Net Position 23 Statement of Revenue,Expenditures, and Changes in Fund Balances 24-25 Reconciliation of the Statement of Revenue,Expenditures,and ' Changes in Fund Balances to the Statement of Activities 26 Statement of Revenue,Expenditures,and Changes in Fund Balances— General Fund—Budget and Actual 27 ' Proprietary Funds Statement of Net Position 28-31 Statement of Revenue, Expenses, and Changes in Net Position 32-33 � Statement of Cash Flows 34-35 Notes to Basic Financial Statements 36�3 ' REQUIRED SUPPLEMENTARY INFORMATION City of Apple Valley Other Post-Employment Benefits Plan Schedule of Funding Progress 64 1 Apple Valley Firefighters' Relief Association Schedule of Funding Progress 64 ' , CITY OF APPLE VALLEY ' DAKOTA COUNTY,MINNESOTA Table of Contents(continued) ' ' Page SUPPLEMENTARY INFORMATION ' Combining and Individual Fund Statements and Schedules Nonmajor Governmental Funds ' Combining Balance Sheet 65 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances 66 Nonmajor Special Revenue Funds 67 , Combining Balance Sheet � 68—b9 Combining Statement of Revenue, Expenditures, and Changes in Fund Balances 70-71 Nonmajor Debt Service Funds 72 ' Combining Balance Sheet 73-76 Combining Statement of Revenue, Expenditures, and Changes in Fund Balances 77-80 Nonmajor Capital Projects Funds 81 Combining Balance Sheet 82-87 ' Combining Statement of Revenues, Expenditures, and Changes in Fund Balances 88-93 General Fund Schedule of Revenue, Expenditures, and Changes in Fund Balances— ' Budget and Actual 94-99 Road Improvements Capital Projects Fund Schedule of Revenue, Expenditures, and Changes in Fund Balances— ' Budget and Actual 100 Future Capital Projects Fund Schedule of Revenue, Expenditures, and Changes in Fund Balances— ' Budget and Actual 101 Cable TV Special Revenue Fund Schedule of Revenue, Expenditures, and Changes in Fund Balances— ' Budget and Actual 102 EDA Operations Special Revenue Fund Schedule of Revenue, Expenditures, and Changes in Fund Balances— ' Budget and Actual 103 Equipment Certificate Capital Projects Fund Schedule of Revenue, Expenditures, and Changes in Fund Balances— , Budget and Actual 104 Internal Service Funds 105 Combining Statement of Net Position 106 � Combining Statement of Revenue, Expenses, and Changes in Net Position 107 Combirung Statement of Cash Flows 108 , ' ' ' ' CITY OF APPLE VALLEY DAKOTA COUNTY,MINNESOTA ' Table of Contents (continued) ' Page ' STATISTICAL SECTION(UNAUDITED) ' Net Position by Component 109-110 Changes in Net Position 111-114 , Fund Balances of Governmental Funds 115-116 Changes in Fund Balances of Governmental Funds 117-118 Assessed Value and Estimated Actual Value of Taxable Property 119-120 , Property Tax Capacity Rates 121 Principal Property Taxpayers 122 Property Tax Levies and Collections 123-124 ' Ratios of Outstanding Debt by Type 125-126 Ratios of General Bonded Debt 127-128 Direct and Overlapping Governmental Activities Debt 129 Legal Debt Margin Information 130-131 ' Pledged Revenue Coverage 132 Demographic and Economic Statistics 133 Principal Employers 134 ' Full-Time Equivalent City Government Employees by Function 135 Operating Indicators by Function 136-137 Capital Asset Statistics by Function/Program 138-139 ' ' ' ' � � ' ' , ' ' ' ' , , ' ' , THIS PAGE INTENTIONALLY LEFT BLANK , ' ' ' ' ' � ' , ' ' CITY OF APPLE VALLEY DAKOTA COUNTY,MINNESOTA ' Elected Officials and Administration ' December 31,2013 ' ELECTED OFFICIALS � Term Expires ' Mary Hamann-Roland Mayor December 31,2014 John Bergman Councilmember December 31, 2014 Thomas Goodwin Councilmember December 31,2016 ' Ruth Grendahl Councilmember December 31,2016 Clint Hooppaw Councilmember December 31, 2014 ' ' ADMINISTRATION M. Thomas Lawell City Administrator ' Pamela Gackstetter City Clerk Ronald Hedberg Finance Director/Treasurer ' ' � ' ' ' ' � -i- ' , Organizational Structure ' City of Apple Valley , Citizens , ' Mayor and City Council ' ' Economic Planning Development - Commission ' Authority ' City Attorney(contradual) ' City ' Administrator ' Community Finance Administration Police Fire Parks& Public ' Development Recreation Works ' Planning Accounting Administration Patrol Fire Recreation Street Maintenance Programs ' Economic Financial Reporting City Clerk/Elections Investigations Fire Inspection Park Maintenance Natural Resources Development Code Enforcement Cash&Investments Information Records Ice Arena Engineering Technology ' Utility Billing Human Resources Hayes Community& Building Inspections SeniorCenter Cable N AV Aquatic Center Utilities Apple Valley Fleet Maintenance , Community Center Municipal Liquor Valleywood Golf Cemetery Stores Redwood Pool t -11- ' � �� Telephone (952) 953-2540 ..... �� Fax(952)953-2515 City of App�e pp y. ' 7100 147th St. W www.ci.a le-valle mn.us Valley Apple Valley, MN 55124 1 June 27, 2014 � ' To the Honorable Mayor, City Council, and Citizens of the City of Apple Valley: The comprehensive annual fmancial report(CAFR) of the City of Apple Valley, Minnesota(the City), for the year ended December 31, 2013, is hereby submitted. The report was prepared in accordance with � accounting principles generally accepted in the United States of America as established by the Governmental Accounting Standards Board and meets the requirements of the State Auditor's Office. ' The report consists of management's representations concerning the finances of the City. Consequently, management assumes full responsibility for the completeness and reliability of all inforxnation presented within this report. To provide a reasonable basis for making these representations, management of the ' City has established internal controls designed to protect the City's assets from loss, theft, or misuse and to provide sufficient information for the preparation of these fmancial statements in conformity with accounting principles generally accepted in the United States of America. Because the cost of internal , controls should not outweigh the benefits, the City's internal controls have been designed to provide reasonable, rather than absolute, assurance that the financial statements will be free from material misstatements. As management, we assert that to the best of our knowledge and belief this CAFR is , complete and reliable in all material respects. The City's financial statements have been audited by Malloy, Montague, Karnowski, Radosevich & Co., P.A., Certified Public Accountants. The goal of the independent audit was to provide reasonable , assurance that the fmancial statements of the City for the year ended December 31, 2013, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and � significant estimates used by management; and evaluating the overall fmancial statement presentation. Based upon the audit, the independent auditor concluded that there was reasonable basis for rendering an unmodified opinion that the City's financial statements, for the year ended December 31, 2013, are fairly ' presented in conformity with accounting principles generally accepted in the United States of America. The independent auditor's report is present in the fmancial section of this report. Management's Discussion and Analysis (MD&A) immediately follows the independent auditor's report t and provides a narrative introduction, overview, and analysis of the basic financial statements. The City's MD&A compliments this letter of transmittal and should be read in conjunction with it. ' � ' � -iii- ' Profile of the City of Apple Valley ' The City was incorporated as a village on January 1, 1969 and incorporated as a city on January 1, 1974. � The City is a suburban community located 17 miles south of downtown Minneapolis within Dakota County, and has a convenient location with a comprehensive system of highways—Interstate 35E serves the northwest boundary of the City, while State Highway 77 runs north and south through the City. The ' City is seven miles from the Minneapolis-St. Paul International Airport within the seven-county Twin Cities metropolitan region, has a land area of 17.5 square miles, and serves a community with a current population of 50,326. ' GITY CJF APPLE VALLEY �y ... ..._,w... —'"y ._.._. � � � � �� . � �� f . . W " y� t-. ,_.. "i L..'_ ._ . _. _.._._...__ ..v. � . .... . _ 4 M1 � .Nw� � t_...«.,. ..y r .:'�_^ .. I ^.{P ' z k r� � , , � _ i , ' : , �_..�� , ' _. ` �� ,��; .___.. __��,� � i c.� ;, ,� ��t� ��;_ . < . � � � �� , � � ,., 3-' r � � �;_._ �... .� 1 __ , ,^-�,_�_ �_, y� { r- �� t €.� ��'�..�5.__a :i... J . .+� < < Q �s .....� i t_..2, , � � -.�..-s.�,.. .�.m _n .�,..�_ St�.PaW � � �� Minneapolis � -�____.�� +` 12 miles ., n`: � •� E E � MfR inrt/MOort � � i : �__ � t r__._,�__._ �__ma { 10 milea ,mile � ' �� 1 L � � ; i �,.,_,..,1``�--�.. --"",� .M..� ��: � -��..�� , � ___ ��_ � _� � _. �a .. � -� � 1 �� Y �S� �� ,r;�• c. _� � �� x ( �� i � x i.. ' .� �..__� ��-..._ �. .._ ...... sr...�.� - .. y .. E � -, s" zwh S '� 2,5 S 10 t 5 20 Nkles D�stance ftom Central Gities �. � ;� ' and MSP Internationai Airport a� �� 1 } � � f/ ' � ' ' �1V� , ' The City operates as a Statutory Plan A City, the Mayar-Council form, under Minnesota law. The governing body, consisting of the Mayor and four council members, is elected at large and on a ' non-partisan basis. Terms of office are four years, with elections held in each even-numbered year; not more than two council members' terms expire in any one year. The City Council is responsible for, among other things, passing ordinances, adopting the budget, appointing members to various advisory ' committees and commissions, and hiring the City Administrator and other city employees. The City Administrator is responsible for carrying out the policies, ordinances, and directions of the City Council and for overseeing the day-to-day operations of the City. ' The City provides its residents and businesses with a full range of municipal services consisting of public safety (police, fire, building inspections), public works, parks and recreation, and general government ' administration. The City also operates a number of enterprise activities including: water and sanitary sewer, Valleywood Golf Course, three off-sale liquor stores, storm water, street lights, sports arenas, and a cemetery. Sanitary sewage treatment and disposal is operated on a regional basis by the Metropolitan Council Environmental Services (MCES). Refuse collection and disposal are handled on a private basis ' through contractual arrangements by city residents with private haulers. Further infarmation regarding city services can be obtained from the City's website at www.ci.apple-valley.mn.us. ' The Apple Valley Economic Development Authority(EDA) is a separate legal entity organized pursuant to Minnesota Statute Section 469, and is included as a blended component unit. The EDA is considered a component unit because the governing body is City Council members and two other members being ' appointed by the City Council. Also, the EDA is in a relationship of financial benefit or burden with the City. ' The annual budget serves as the foundation for the City's fmancial planning and control. The budgetary process is outlined in the notes within the Stewardship and Accountability footnote. The City applies budgetary controls to ensure compliance with legal provisions of the laws of Minnesota. Budgets are ' adopted on a basis consistent with accounting principles generally accepted in the United States of America. Annual budgets are adopted for the General Fund in addition to certain special revenue and capital projects funds. Budget to actual comparisons are presented for each governmental fund for which an annual budget has been adopted. ' Factors Affecting Financial Condition � The City is committed to maintaining a strong fmancial condition, while continuing to provide public services to its residents and businesses. The City's financial position, as reflected in the financial statements presented in the reports, is perhaps best understood when it is considered from the broader ' perspective of the specific environment within which the City operates. � ' t ' , -v- ' Local Economy ' The sluggish economic conditions that have persisted since 2008 appear to be improving for the City, its ' residents, and its businesses. The Minneapolis-St. Paul metropolitan area unemployment rate as of February 2014, for example, is 5.1 percent, compared to the state of Minnesota's rate of 5.5 percent and the national unemployment rate of 6.7 percent. , Unemployment Rate: Feb. 2014 Dec. 2012 Dakota County 4.9% 5.3% ' MSP Metropolitan Area 5.1% 5.5% State of Minnesota 5.5% 5.7% National 6.7% 7.8% t (Source:Bureau of Labor Statistics) Housing Values Like many areas of the state and country, housing --- --- --- --- ' Assessors Estimated Market Value values have trended downward in recent years. The Median Value Homesteaded Residential , assessor's estimated market for residential market s�,� -- --- - -- -------- ' values declined on the median valued home s2so,000 , _ approximately 5.8 percent far 2013, but is now Zw.�s,,,,�q,�,so starting to show signs of improvement. szoo.000 %��,3�'�800 -:+,, �97� p�� 203,8 , 186.00a82 500 �. 5150.000 775.700 , Increase(Decline) in Median Value Home: 2011 (6.4%) s,00.000 i _ 2012 (3.1%) sso.000 ',' ' , 2013 (5.8%) j 2014 3.5% _- ' M 7 � cD t� a0 O� O � N M Q � E ' 2015 (Preliminary) 7.7% S o 0 0 $ 8 8 0 o b o 0 o m N N N N N N N N N N N N N a The population of the City has increased from 585 in 1960 to 49,084 according to the 2010 census and is estimated at 50,326 for 2013. Most of the ' population of the City concentrates in two age groups: 45-54 years and 5-14 years at 17.0 percent and 14.2 percent, respectively. According to the 2010 census, the average age is 32 years and the median family income was $65,825. � The City is the home to Uponor and Wings �---- ___--- ----_..._ ------ ----,--- ----- -___--- -------, Financial Credit Union. Other major employers in � Total Market Value � the area include Target, Wal-Mart, Minnesota Zoo, � s6,000,000,000 ----------------------------------; sl4o,o00,000 ' Apple Valley Health Care Center, and Apple Valley i ; Ss,000,000,000 - - ---- ---.._ ._; s1zo,000,000 9 ; _._. Redi-Mix. � ! " ' .. � Sloo,000,000 � ; I ` $a,000,000,000 �. . - --- --- _. � � ; i � � � � Sso,000,aoo q I Market Value Growth ; � ss,000,000,000 i - - > ' � I : 5�,000,00o Y , � � Sz,000,000,000 � - ------- ! g" I The City has been adding new tax base which ; a _ _.. ._ _ ______ _ _ � sZOOOO,000 � ' ' previously was at or near historic low levels, but in j � $1,°°0,000,000 ? Z �'! 2013 the City saw improvement over recent years. ( 5" - -� s- In 2013, a total of $26.2 million of market value � ti`�ti�'yti�'ti�^'L��'L��9'LOti�,yOti~ti0�ry,y0,'�,tiOyQ�y�F ' 1 was added to the City's tax base which current data i i iNew Market Value Added tTotal Market Value indicates is continuing. The total city-wide market I______ __...________�____.___ _____ � value declined to $3.8 billion for 2013 due to deflation in the existing property values. Conditions have ' improved for the future as preliminary County Assessor data for payable 2015 shows a 7.7 percent increase in the median value home and a total city-wide market value of$4.2 billion. ' -vi- ' � The City's economy, like similar communities, is -------- — � recovering from the downturn in its property valuations. Experiencing Positive Valuation Trends � This recovery is fueled by underlying housing and --- � �--�� -�-�� -� � � � --� � �---�� -��- �ao% commercial values and new construction. __. _ .. _ , . . ... „. . .__. .. , ...«. . _ .._... . s.oqs ' Major Initiatives __ __ _. o.o% Following significant road improvements initiated in -5-°% ' 2012, the City Council initiated the expansion of the __ -io.o� __ ___ ....___... __ _ _. water treatment plant. This expansion, once completed, Zoso 2oii zosz 2013 zosa 2015 Prelim will provide adequate supply for the projected full ---%Change Estimated MV �%Change Taxable Market Value growth of the City. The total amount of the project is ' approximately $14 million; in May 2014, $8,830,000 of the $9,510,000 2014A General Obligation Bonds will be used to finance a portion of the construction costs. ' In 2013, investment continued in the City as new businesses opened and new developments were approved. The City also completed planning for the Cedar Avenue corridor, which includes the first Bus Rapid Transit (BRT) line in Minnesota. The Cedar Avenue BRT line, also called the "Red Line," began ' service in June 2013. What follows is a sample of some of the development projects that were reviewed, approved, began construction, or completed in 2013, as well as some of the long-range planning and economic development initiatives that will help maintain the City's high quality of life. ' Residential Development , Over the past 10 years, single-family construction has averaged 39 units per year, and 2013 saw 63 single-family units constructed. Multi-family ;------------------------ --------------- - residential construction had slowed in recent years ! ReSidential Building PermitS but recent development interest is beginning to !, �a� - -- --- - - --- - - ' show a return toward investment in multi-family i� _ . .._ ._ _ ._ .. _ units. �zo . ' ioo _.__ . _ __ � so _ _ v _ ... .._ _ . . . While the construction of new single-family homes � has increased for 2013, the valuation added by ; ao remodeling and renovations is being maintained at , 20 � �� o ___ _ __- ---- ' a high level. This reflects homeowners' continued Zuo4 zoos zooe Zoo� zoos Za,� Zo�o Zo�� zo�z zo13 interest in investing in their properties. —+—Si�gle Family U�its —s—Total Residentiai Units ' Four different residential subdivisions were — -- approved in 2013,providing for 104 single-family � Residential Construction(new&remodeling)Values lots. � szs,000,000 ' ; szo,000,000 ---- The first phase of Parkside Village, a 322-unit � Sls,000,000 --- ---- -- - __...............--__ market rate, multi-family development, was � approved in 2012. Construction of the first phase, ; s1o,000,00o i ' including 196 units, is planned to begin in August 3 ss,000,000 — i I 2014. � s- i 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 I ' Remington COVe Apartments W1S recently tNew Single Family Residential Construction Value i approved for 101 units and construction is planned tResidential Alteretion Values to begin in summer 2014. ' ' -vii- ' Commercial Development ' Commercial and industrial development -- --- -- ---- � ' continued to improve in 2013 with total ' Commercial-Industrial Construction Value improvement values, including commercial alterations,totaling$24,641,000 in 2013. � S6o,000,000 -------------------------- ( Sso,000,000 -- ----- -� — -- ' New commercial construction projects included j Sao,000,000 --------- ---------------- an additional 120,000 square feet in the Apple ! S3o,000,000 — - — --- Valley Business Campus, approved and started 'i Szo,000,000 — - — , in 2013. Other new construction has provided Slo,000,000 - a for the locations of Crooked Pint Restaurant, ; $_ Chick-fil-A Restaurant, and the reconstruction � zooa zoos zoo6 Zoo� Zoos zoo9 zoio zoii zolz zoi3 ' of a 7,500 square foot Kwik Trip Store. Several ! ■Total Commercial Construction Value businesses opened, expanded, or made ;_____._____________ ___________ _ significant reinvestments in their businesses in the City in 2013, including Vivo Restaurant, Uponor-US, ' Warners' Stellian,Dog Day Getaway,Perkins Restaurant, and the Old Chicago Restaurant. Institutional Development , Independent School District No. 196 began construction of a 52,000 square foot building in which to locate their early childhood education and adult basic education services. ' Long-Term Financial Planning Each year the City adopts a five-year Capital Improvement Program (CIP). The CIP is a five-year plan , that identifies the City's infrastructure, development objectives, and the allocation of resources for these projects. This CIP provides policy makers and the community with a strategic approach to implementation and administration of improvement projects. ' One of the larger improvements included in the CIP includes the expansion of the City's water treatment plant. In 2013, the City continued its progress on the expansion of the water treatment facility to expand ' capacity to meet ultimate demands of the utility customers once fully developed. Construction started in 2012. The total cost of the treatment plant expansion is estimated at $14 million and will be financed by cash on hand in the Utility Fund of$5.2 million, along with $8.8 million long-term water utility revenue ' bonds. Relevant Financial Policies , The City has utilized various fmancial and budget policies to guide the City Council and staff when making financial decisions. These include adoption of a balanced budget minimizing the reliance on state revenues which have proven to be unpredictable, setting of a 50 percent of subsequent years budgeted ' expenditures minimum fund balance level to provide for cash flow purposes, and adoption of a five-year capital improvement plan to provide for capital asset acquisition and replacement. Cash temporarily idle during the year was invested in U.S. government agency obligations, municipal , securities, certificates of deposit, and money market instruments. The City's investment policy calls for the investment of public funds in a manner that will provide the highest investment return with minimum ' risk while meeting the daily cash flow demands of the City. For investments held at December 31, 2013, the effective duration of the investment portfolio was 4.0 years. The City's average return on investments in 2013 was negative 2.0 percent. , ' -viii- , ' Awards and Acknowledgements , The Government Finance Officers Association of the United States and Canada(GFOA) awarded the City a"Certificate of Achievement for Excellence in Financial Reporting" for its CAFR for the fiscal year-end December 31, 2012. This is the second year that the City achieved this prestigious award. In order to be ' awarded a Certificate of Achievement, a government has to publish an easily readable and efficiently organized CAFR that satisfies both accounting principles generally accepted in the United States of America and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. However, we believe that our current CAFR continues to meet the Certificate of Achievement ' Program's requirements and we are submitting it to the GFOA to determine its eligibility for another award. , The preparation of this report could not occur without the efficient and dedicated service of the entire fmance department staff throughout the reporting year. We would like to express our appreciation to all members of the department who assisted and contributed to the preparation of this report. We would like ' to thank the City Council for its commitment in planning and implementing the financial operations of the City in a fiscally prudent and progressive manner. ' Respectfully Submitted, CITY OF APPLE VALLEY,MINNESOTA ' �.�., ..�' ��`�!��.�.. � Ronald Hedberg, Finance Director ' ' � ' ' ' ' ' ' -ix- ' ' ' ' � Government Finance Officers Associati n , ' 0 ' Certificate of . � Achlevement for Excellence � in Financia.l 1 Reporting 1 Presented to ' City of Apple Valley . � Minnesota � For its Comprehensive Annual Financial Report ' for the Fiscal Year Ended ' December 31, 2012 � � Executive Director/CEO � � ' ' -x- ' ' PRINCIPALS Thomas M.Montague,CPA Thomas A.Karnowski,CPA ' Paul A.Radosevich,CPA William J.Lauer,CPA C E R T I F I E D P U B L I C James H.Eichten,CPA A C C O U N T A N T S Aaron J.Nielsen,CPA ' Victoria L.Holinka,CPA , INDEPENDENT AUDITOR'S REPORT , To the City Council and Management City of Apple Valley,Minnesota , REPORT ON THE FINANCIAL STATEMENTS � We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Apple Valley, Minnesota (the City) as of and for the year ended December 31, 2013, and the related notes to the fmancial statements, ' which collectively comprise the City's basic financial statements as listed in the table of contents. MANAGEMENT'S RESPONSIBILITY FOR THE FINANCIAL STATEMENTS , Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes ' the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. ' AUDITOR'S RESPONSIBILITY Our responsibility is to express opinions on these financial statements based on our audit. We conducted ' our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to fmancial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to , obtain reasonable assurance about whether the fmancial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in ' the fmancial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the fmancial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the City's preparation and fair presentation of the fmancial statements in order to design audit procedures that are appropriate in � the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates � made by management,as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for ' our audit opinions. , (continued) -1- , Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkr.com OPINIONS I In our opinion, the fmancial statements referred to on the previous page present fairly, in all material ' respects, the respective fmancial position of the governmental activities, the business-type activities, each majar fund, and the aggregate remaining fund information of the City at December 31, 2013, and the respective changes in fmancial position and, where applicable, cash flows thereof, and the budgetary ' comparison for the General Fund for the year then ended, in accordance with accounting principles generally accepted in the United States of America. OTHER MATTERS , Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Management's ' Discussion and Analysis, and the Schedules of Funding Progress for the Apple Valley Firefighters' Relief Association and the City of Apple Valley Other Post-Employment Benefits Plan, as listed in the table of ' contents, be presented to supplement the basic fmancial statements. Such information, although not a part of the basic fmancial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of fmancial reporting for placing the basic fmancial statements in an � appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America,which consisted of inquiries of management about the methods of preparing the ' information and comparing the information for consistency with management's responses to our inquiries, the basic fmancial statements, and other knowledge we obtained during our audit of the basic fmancial statements. We do not express an opinion or provide any assurance on the information because ' the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information ' Our audit was conducted for the purpose of forming opinions on the fmancial statements that collectively comprise the City's basic fmancial statements. The introductory section, supplementary information, and ' statistical section, as listed in the table of contents, are presented for purposes of additional analysis and are not required parts of the basic financial statements. The supplementary information is the responsibility of management and was derived from and relates ' directly to the underlying accounting and other records used to prepare the basic fmancial statements. Such inforxnation has been subjected to the auditing procedures applied in the audit of the basic fmancial ' statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic fmancial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing ' standards generally accepted in the United States of America. In our opinion, the supplementary information is fairly stated,in all material respects, in relation to the basic fmancial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the ' audit of the basic fmancial statements and, accordingly, we do not express an opinion or provide any assurance on them. � , (continued) ' -2- ' IOTHER REPORTING REQUIRED BY GOVERNMENTAUDITING STANDARDS ' In accordance with Government Auditing Standards, we have also issued our report dated June 27, 2014 on our consideration of the City's internal control over fmancial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements, and other matters. ' The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in ' accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance. ' ��!� ,�o� � ,�a�.+�.�o�t�t+�l�i, /?..l..r,.+��. � �o., p A , a�� "� ' Minneapolis,Minnesota June 27,2014 ' ' ' , ' ' � ' ' � � � -3- ' ' ' ' ' , t ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' ' ' ' ' , ' ' , ' ' CITY OF APPLE VALLEY ' Management's Discussion and Analysis December 31, 2013 ' As management of the City of Apple Valley,Minnesota(the City),we offer readers of the City's fmancial statements this narrative overview and analysis of the financial activities of the City for the fiscal year , ended December 31, 2013. Readers are encouraged to consider the information presented here in conjunction with additional information furnished in the letter of transmittal,which can be found on pages iii—ix of this report. � FINANCIAL HIGHLIGHTS ' • The assets of the City exceeded its liabilities at the close of the most recent fiscal year by $259,743,366 (net position). Of this amount, $51,882,858 (unrestricted net position)may be used to meet the City's ongoing obligations to citizens and creditors. ' • The City's total net position increased by $5,179,391. The governmental activities net position increased by $2,963,354 due primarily to capital grants and contributions, retirement of debt, and ' decreases in expenses. Business-type activities had an increase of$2,216,037 in net position due to capital grants related to the installation of utilities. • As of the close of the current fiscal year, the City's governmental funds reported combined , ending fund balances of$51,846,494, an increase of$7,877,275 from the prior year. Restricted fund balances increased from $11,435,144 to $20,966,147, an increase of $9,531,003, which represents the investment of restricted funds in street projects. The unassigned fund balances � increased $4,004,071 to $4,268,913. Assigned fund balances decreased $5,451,42'7 to $26,366,589. ' • At the end of the current fiscal year, the General Fund balance was $14,226,384, an increase of $850,868 from the previous fiscal year. The City's General Fund balance is 57.8 percent of General Fund total expenditures. � • The City's capital assets, net of depreciation, increased by $12,127,290, or 5.8 percent, and reflects the investment in infrastructure. Please see further detail of capital assets in Note 4 of the notes to basic fmancial statements. , • The City's long-term liabilities increased by $5,399,654, or 13.5 percent, during the current fiscal year and is attributable to a combination of debt retirement and the issuance of $9,000,000 of ' Crossover Refunding Debt. Please see further detail of long-term debt in Note 5 of the notes to basic financial statements. ' OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis are intended to serve as an introduction to the City's basic financial ' statements. The City's basic fmancial statements comprise three components: 1) government-wide fmancial statements, 2) fund financial statements and 3) notes to basic fmancial statements. This report also contains other supplementary information in addition to these basic fmancial statements themselves. ' Government-Wide Financial Statements — The government-wide fmancial statements are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private-sector ' business. -4- ' ' The Statement of Net Position presents inforxnation on all of the City's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may ' serve as a useful indicator of whether the fmancial position of the City is improving or deteriorating. The Statement of Activities presents information showing how the City's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving ' rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected taxes and earned but unused vacation leave). ' Both of the government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are � intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include general government, public safety, public works, and park and recreation. The business-type activities of the City include municipal liquor, ' municipal golf course, sports arena,water and sewer, street light utility, storm drainage, and cemetery. The government-wide financial statements not only include the City itself (known as the primary government), but also the Apple Valley Economic Development Authority (EDA). The EDA is legally , separate and is reported as if it were part of the primary government because it provides services exclusively for the City. The EDA is reported as the Economic Development Debt Service Fund and the EDA Operations Special Revenue Fund. ' The government-wide financial statements can be found on pages 18-20 of this report. Fund Financial Statements —A fund is a grouping of related accounts that is used to maintain control ' over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal � requirements. All of the funds of the City can be divided into two categories: governmental funds and proprietary funds. Governmental Funds — Governmental funds are used to account for essentially the same functions ' reported as governmental activities in the government-wide fmancial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at ' the end of the fiscal year. Such inforxnation may be useful in evaluating a government's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide fmancial ' statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide fmancial statements. By doing ' so, readers may better understand the long-term impact of the government's near-term fmancing decisions. Both the governmental funds Balance Sheet and the governmental funds Statement of Revenues, Expenditures, and Changes in Fund Balance provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. ' The City maintained a number of individual governmental funds during 2013. Of these funds, seven are considered major funds. Information on the major funds is presented separately in the governmental funds ' Balance Sheet and in the governmental funds Statement of Revenues, Expenditures, and Changes in Fund Balances for the General Fund, Closed Bond Issues Debt Service Fund, Improvement Bonds of 2006 Debt Service Fund, Improvement Bonds of 2007 Debt Service Fund, 2001/2008B Refunding , Improvement Bonds Debt Service Fund, Future Capital Projects Fund, and the Road Improvements Capital Projects Fund. Data from the other governmental funds are combined into a single, aggregated presentation on the combining statements. Individual fund data for each of these nonmajor governmental ' funds is provided in the form of combining statements elsewhere in this report. -5- , � The City adopts annual appropriated budgets for the following funds: General Fund, Road Improvements ' Capital Projects Fund, Future Capital Projects Fund, Cable TV Special Revenue Fund, EDA Operations Special Revenue Fund, and the Equipment Certificate Capital Projects Fund. A budgetary comparison statement has been provided for the General Fund to demonstrate compliance with this budget. Budget to ' actual compaxisons are provided in the supplementary information for all of these funds. The basic governmental fund financial statements can be found on pages 21-27 of this report. ' Proprietary Funds — The City maintains two types of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide fmancial statements. The City uses enterprise funds to account for its municipal liquor, municipal golf course, � sports arena, water and sewer, storm drainage, street light utility, and cemetery operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions. The City uses two internal service funds to account for the risk insurance activities and � one internal service fund to account for vehicle and equipment replacement activities. Because these services predominately benefit governmental rather than business-type functions, they have been included within governmental activities in the government-wide financial statements. 1 Proprietary funds provide the same type of information as business-type activities in the governinent-wide fmancial statements, only in more detail. T'he proprietary funds fmancial statements provide separate ' information for the municipal liquor, municipal golf course, sports arena, water and sewer, storm drainage, street lighting, and cemetery operations, all of which are considered to be major funds of the City. ' The internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the internal service funds is provided in the form of combining statements elsewhere in this report. , The basic proprietary fund fmancial statements can be found on pages 28-35 of this report. ' Notes to Basic Financial Statements—The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to basic fmancial statements can be found on pages 36-63 of this report. ' Other Information — In addition to the basic fmancial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's progress in funding the post-employment benefits plan and Firefighters' Relief Association. This required supplementary ' information can be found on page 64 of this report. The combining and individual fund statements and schedules referred to earlier in connection with ' nonmajor governmental funds are presented immediately following the required supplementary information on the funding progress of the post-employment benefits plan and Firefighters' Relief Association. The combining statements can be found on pages 65-108 of this report. ' ' ' , -6- ' . � GOVERNMENT-WIDE FINANCIAL ANALYSIS As noted earlier, net position may serve over time as a useful indicator of a government's financial ' position. In the case of the City,assets exceeded liabilities by$259,743,366 at the close of the most recent fiscal year. The largest portion of the City's net position, $188,937,289, or 72.7 percent, reflects its investment in ' capital assets (e.g. land, buildings, machinery and equipment) less any related debt used to acquire those assets that is still outstanding. The City uses these capital assets to provide services to citizens; ' consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these ' liabilities. Summary of Net Position ' as of December 31,2013 and 2012 Governmental Activities Business-Type Activities Total ' 2013 2012 2013 2012 2013 2012 Currentandotherassets $ 72,053,871 $ 67,366,260 $ ]8,13Q927 $ 22,38Q561 $ 90,184,798 $ 89,746,82] Capital assets,net 97,379,541 93,191,547 122,747,657 114,808,361 220,127,198 207,999,908 ' Total assets 169,433,412 160,557,807 140,878,584 137,188,922 310,311,996 297,746,729 Long-term liabilities 39,474,734 33,768,920 5,841,190 6,147,350 45,315,924 39,916,270 Otherliabilities 2,158;023 1,951,586 3,094,683 ],314,898 5,252,706 3,266,484 Totalliabilities 41,632,757 35,72Q506 8,935,873 7,462,248 50,568,630 43,182,754 ' Net position Net investment in capital assets 70,526,658 64,226,520 118,410,631 ]10,376,210 188,937,289 174,602,730 , Restricted 18,619,396 17,001,111 303,823 319,582 18,923,219 17,320,693 Unrestricted 38,654,601 43,609,670 13,228,257 19,030,882 51,882,858 62,640,552 Total net position $ 127,800,655 $ 124,837,301 $ 131,942,711 $ 129,726,674 $ 259,743,366 $ 254,563,975 ' A portion of the City's net position, $18,923,219, or 7.3 percent, represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position, ' $51,882,858, or 20.0 percent, may be used to meet the City's ongoing obligations to citizens and creditors. The City's net position increased $5,179,391, reflecting $4.7 million in capital grants received during the ' year. Investment earnings resulted in a decrease in net position of$1,415,215 due to a negative market value adjustment on the City's investment portfolio. Approximately $4.1 million of bonded debt was retired during the year. ' The governmental activities net position increased $2,963,354, and includes $3,250,152 in capital grants through the development process and the retirement of debt. A portion of the governmental activities increase in net position relates to an increase in the General Fund's net position due to revenue exceeding ' expenses in building permits, along with realizing savings within the General Fund from vacant positions and other budget savings. The increase in the business-type activities net position totals $2,216,037 and include $1,497,501 in ' capital grants during the year. Positive operating income in the enterprise funds resulted in an addition to net assets of$2,440,539. ' At the end of the current fiscal year,the City was able to report positive balances in all three categories of net position for the City as a whole, as well as for its separate governmental and business-type activities. ' -7- ' , A summary of the statement of activities is presented below: ' Summary of Statement of Activities for the Years Ended December 31,2013 and 2012 ' Govemmental Activities Business-Type Activities Total , 2013 2012 2013 2012 2013 2012 Revenue Program revenues Chargesforservices $ 5,028,282 $ 4,774,238 $ 22,242,843 $ 22,357,826 $ 27,27],125 $ 27,132,064 Operating grants ' and confibutions 900,223 579,675 80,707 13,890 980,930 593,565 Capital grants and confibutions 3,250,152 4,445,816 1,497,501 3,201,690 4,747,653 7,647,506 Generalrevenues � Taxes 24,070,953 25,091,127 121,000 ]20,000 24,191,953 25,211,127 Grants and contributions not restricted to specific programs 40,397 145,755 - - 40,397 145,755 Inveshnent earnings(net) (1,056,882) ],026,594 (358,333) 388,923 (1,4]5,215) 1,415,517 ' Gain on sale of assets - 110,905 = - - I 10,905 Othergeneralrevenues 186,872 5,653 43,845 186,872 49,498 Total revenue 32,419,997 36,179,763 23,583,718 26,126,174 56,003,715 62,305,937 ' Expenses - - General govemment 5,012,638 6,157,131 5,012,638 6,157,131 Public safery 11,336,972 11,101,520 ll,336,972 1],101,520 Public works 6,905,011 6,382,138 - - 6,905,011 6,382,138 ' Parks and recreation 6,345,937 6,166,397 = = 6,345,937 6,166,397 Interest and fiscal charges 1,194,974 1,235,352 1,194,974 1,235,352 Municipalliquor 8,419,472 8,377,991 8,419,472 8,377,991 Municipalgolfcourse - - 1,507,451 1,292,371 1,507,451 1,292,371 Sports arena - - 759,930 778,931 759,930 778,931 , Waterandsewer = = 7,794,274 7,194,007 7,794,274 7,194,007 Storm drainage 1,052,087 1,001,140 1,052,087 1,001,140 Cemetery - - 51,472 69,376 51,472 69,376 Streetlightutility - - 444,106 447,954 444,106 447,954 ' Total expenses 30,795,532 31,042,538 20,028,792 19,161,770 50,824,324 50,204,308 Increase(decrease)in net positionbeforetransfers 1,624,465 5,137,225 3,554,926 6,964,404 5,179,391 12,101,629 � Transfers in(out) 1,338,889 ],075,105 (1,338,889) (1,075,105) - - Increase(decrease)in netposition 2,963,354 6,212,330 2,216,03� 5,889,299 5,179,391 12,101,629 � Netposition-beginning 124,837,301 118,624,971 ]29,726,674 123,837,375 254,563,975 242,462,346 Net position-ending $ 127,800,655 $ 124,837,301 $ 131,942,711 $ 129,726,674 $ 259,743,366 $ 254,563,975 ' ' ' ' ' -g- ' ' Governmental Activities — Governmental activities increased the City's net position by $2,963,354, accounting for 57.2 percent of the total growth in the net position of the City. � The revenues included in the chart below include all program and general revenues for the governmental activities such as property taxes, capital grants and contributions, and investment earnings. Taxes remain ' the largest component of governmental revenues, approximately 74.2 percent. Capital grants represent the levying of special assessments for the construction of infrastructure assets, such as water mains, sewer mains, streets, and storm sewer services. Revenues decreased $3,759,766, or 10.4 percent, for 2013. The key elements of this net change are: ' • Taxes decreased $1,020,174 for 2013; the decline was related to the retirement of Tax Increment ' District #13; tax increment revenues far 2013 are down $1,467,998 and these parcels are now on the tax rolls. In addition, overall property taxes experienced an increase of$479,114. • Capital grants declined $1,195,664, and this is related to a lower level of activity in � developer-installed infrastructure and the levying of special assessments. • Investment earnings (net of market value adjustment) for governmental activities decreased far 2013 by $2,083,476 and results from the decrease in the market value of the portfolio related to a ' decline in the overall fixed income investment market. • In addition to the change in revenues, the net transfers that went into the governmental activities for 2013 were$1,338,889, an increase of$263,784 from the 2012 net transfers. ' Revenue by Source—Governmental Activities Grants and ' Contributions Not Taxes Restricted to ' 74•�0�a Specific Programs 0.1°l0 Investment ' Earnings �3 '°�o) Oiher General � Revenues 0.6°�0 � Char�es for Services 15.5°'0 ' Operatins Grants and Aids ' Capital Grants 2.8°.'0 10.0°,-0 , ' , -9- ' ' Expenses and Program Revenues—Governmental Activities ' (in $1,OOOs) $12,000 ' $11,000 $10,000 $9,000 � $8,000 $7,000 ' $6,000 $5,000 ' $4,000 $3,000 , $2,000 $1,000 $- , General Public Safety Public Works Parks and Interest and Fiscal Government Recreation Charges ■Expenses ❑Program Revenues � Expenses in the governmental activities decreased $247,006 for 2013. Some of the significant items included in 2013 activities are: ' • The public safety area of governmental activities saw an increase in expenses of $235,452 and approximately$180,000 of this increase is related to the addition of two new employees. ' • The public works area of governmental activities increased $522,873 and approximately $215,000 of this increase resulted from additional snow and ice removal expenses related to the above average number and extent of snow events in 2013. • The parks and recreation area increased $179,540. Approximately $100,000 is related to � additional part-time staffmg hours. The remainder is related to a position vacancy that occurred in 2012 in the operation of the Apple Valley Senior Center and a new position in the park maintenance department. ' � General government expense for 2013 declined $1,144,493 related to fewer uncapitalized road expenses experienced in 2013. ' � ' ' ' -10- ' � Business-Type Activities — Business-type activities increased the City's net position by $2,216,037, accounting for 42.8 percent of the increase in the total net position of the City. ' The intent of business-type activities is to cover all, or nearly all, of the costs of providing the services of the individual funds. The City accounts for the operations in seven separate enterprise funds, which , include the Municipal Liquor, Municipal Golf Course, Sports Arena, Water and Sewer, Storm Drainage, Street Light, and Cemetery. Expenses and Program Revenues—Business-Type Activities � (in $1,OOOs) $10,000 t $9,000 $8,000 ' $7,000 $6,000 � $5,000 $4,000 , $3,000 $2,000 ' $1,000 $- ,Liquor Golf Course Sports Arena Water and Storm Street Light Cemetery Sewer Drainage Utility ■Expenses ❑Program Revenues ' Overall,total revenues for the business-type activities decreased$2,542,456, or 9.7 percent, for 2013. The key elements making up this change are as follows: � • Charges for services overall were relatively flat although the individual activities showed variances with the prior year. o The liquor operations showed an increase in operating revenues of $148,928. The ' increase in liquor revenues can be attributed to increased sales at Liquor Store #1 which experienced revenue increases of approximately $160,000. This increase is a reversal of the sales decline experienced in 2012 related to road construction activities on Cedar � Avenue. o The water and sewer utility operating revenues decreased $304,911 for 2013 resulting from the shorter irrigation season because of the wet, cool spring. ' o The municipal golf course experienced increases in operating revenues of$45,363, which is related to the first full year of operations of the new clubhouse. o The sports arena operating revenues decreased approximately $3,279, and are related to ' fewer ice time rentals. o The storm drainage utility operating revenues increased minimally by $8,046, resulting from an increase in the number of storm water utility customers in addition to the fact ' there was no rate increase implemented for 2013. ' -11- ' � • Capital grants and contributions decreased $1,704,189 for 2013. The key elements of this change 1 are the Water and Sewer Fund capital grant and contributions decreasing $756,022 attributed to the infrastructure installed privately and donated to the City. The remainder of the decline in capital grants is lower values of public improvement projects installed and specially assessed ' against benefiting properties. • Investment earnings(net of market value adjustment) for all business-type activities decreased for 2013 by $747,256 and results from the decrease in the market value of the City's investment ' portfolio related to a decline in the overall fixed income investment market. ' FINANCIAL ANALYSIS OF THE GOVERNMENT'S FUNDS As noted earlier, the City uses fiznd accounting to ensure and demonstrate compliance with ' finance-related legal requirements. Governmental Funds — The focus of the City's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing ' the City's fmancing requirements. In particular, unassigned fund balance may serve as a useful measure of the City's net resources available for discretionary use as it represents the portion of fund balance which has not yet been limited to use for a particular purpose by either an external party,the City itself, or � a delegated authority to assign resources for use for particular purposes by the City. As of the end of the year, the City's governmental funds reported combined ending fund balances of ' $51,846,494, an increase of$7,877,275 in comparison with the prior year.Unassigned fund balance totals $4,268,913, and the remainder of the fund balance is either nonspendable, restricted, committed, or assigned to indicate that it is: 1) not in spendable form— $90,745; 2) restricted for particular purposes — ' $20,966,147; 3) committed for particular purposes — $154,100; or 4) assigned for particular purposes — $26,366,589. The City has seven majar governmental funds: the General Fund, the Closed Bond Issues Debt Service , Fund,the Improvement Bonds of 2006 Debt Service Fund,the Improvement Bonds of 2007 Debt Service Fund, the 2001/2008B Refunding Improvement Bonds Debt Service Fund, the Road Improvements Capital Projects Fund,and the Future Capital Projects Capital Projects Fund. � GENERAL FUND ' The General Fund is the chief operating fund of the City. At the end of the current fiscal year,unassigned fund balance of the General Fund was$13,830,037,while total fund balance increased to $14,226,384. As a measure of the General Fund's liquidity, it is useful to compare both unassigned fund balance and total fund balance to total General Fund expenditures. Unassigned fund balance represents approximately � 56.2 percent of total fiscal 2013 General Fund expenditures, while total fund balance represents approximately 57.8 percent of that same amount. The fund balance of the City's General Fund increased by$850,868 during the current fiscal year. , Total General Fund revenues increased $3,098,218. The largest portion of this increase was due to a change in the accounting for the property tax levy for the road maintenance program in 2013; $2,755,000 ' was included in the General Fund property tax levy and was subsequently transferred out of the General Fund to the Road Improvements Capital Projects Fund. Licenses and permits increased $106,806 resulting from increased construction activity. Intergovernmental revenue increased $268,966 for 2013 and $200,000 of this is attributed to a Department of Housing and Urban Development Housing Study ' Grant. In addition, a grant in the amount of$57,203 was received to fund a Fire Department Deputy Fire Chief/Training Officer position. Investment earnings, net of market value adjustments for the General Fund were$294,0261ower than 2012 results. A $50,000 grant was received from a resident to fund future ' improvements at one of the City's ball fields during 2013. In addition, rentals from cell phone companies for antennae space increased$27,198 in 2013. -12- ' � Total General Fund Expenditures totaled $24,625,113 far 2013, an increase of $1,604,924. Personal services in the General Fund increased approximately $955,000 and approximately $370,000 was related ' to the addition of three new positions; two in police and one in park maintenance, and the filling of vacant positions. Approximately $268,000 was related to employee wage adjustments, $107,000 was related to additional health insurance costs, and $92,000 in additional employer's share of Public Employees' ' Retirement Association pension expense throughout the General Fund. Approximately $72,000 was an increase in the overtime costs associated with snow plowing. Capital outlay in the General Fund increased approximately $486,000 resulting from the purchase of information technology equipment, vehicles, and ' building improvements at the fire stations CLOSED BOND ISSUES FUND The Closed Bond Issues Fund accumulates resources remaining from retired debt service funds. The fund , balance at the end of 2013 is $7,161,368. The fund balance decreased $95,270 from the prior year. Total revenue declined $326,701 and results from $237,380 less in investment income and $87,448 less in ' special assessment collections. Net transfers out increased$1,646,736 for 2013 and is the result of closing funds with deficit fund balances. IMPROVEMENT BONDS OF 2006 FUND ' The Improvement Bonds of 2006 Fund accounts for the debt service activity and special assessment , collections for bond retirement. The fund balance at the end of 2013 is negative $667,921. The fund balance increased $710,966 from the prior year and results from the collection of special assessments in the current year. IMPROVEMENT BONDS OF 2007 FUND ' The Improvement Bonds of 2007 Fund accounts for the debt service activity and special assessment ' collections for bond retirement. The fund balance at the end of 2013 is negative $984,813. The fund balance decreased $253,627 from the prior year and results from increases in debt service cost and the lower collection of special assessments in the current year. ' 2001/2008B REFUNDING IMPROVEMENT BONDS FUND The 2001/2008B Refunding Improvement Bonds Fund accounts for the debt service activity and special � assessment collections for bond retirement. The fund balance at the end of 2013 is negative $2,500,601. The fund balance decreased $277,469 from the prior year resulting from increases in debt service costs ' and the lower collection of special assessments in the current year. ROAD IMPROVEMENTS FUND The Road Improvements Fund receives transfers from other funds. These resources are used to finance ' street overlays and reconstruction projects per the City's pavement management plan. The fund balance at the end of 2013 is negative $3,507,744, which is an increase of$450,998 from the prior year resulting ' from additional transfers. , ' ' -13- ' � FUTURE CAPITAL PROJECTS FUND ' The Future Capital Projects Fund accumulates resources according to the City Council's adopted Fund Balance Policy. This policy calls for amounts in the General Fund that exceed a maximum level to be transferred to the Future Capital Projects Fund. The fund balance at the end of 2013 is $13,151,914. The ' fund balance decreased $2,712,923 from the prior year. Transfers out in the amount of$2,551,838 were recorded in 2013 and were used to fund a number of one-time expenditures: $1,466,838 was transferred to the Nonmajor Capital Building Fund; $835,450 of which funded a portion of the cold storage building at ' the public works facility. The remainder of the transfer was used to fund energy and roof improvements at a number of city facilities. In addition, $960,000 was used to replace the 2013 property levy for the 2002 park bonds. This reduction of the park bond levy provided levy capacity to add to the annual road ' improvement levy. An additional $125,000 was a transfer to the Road Improvements Fund to fund a portion of the 2013 project. Proprietary Funds — The City's proprietary funds provide the same type of information found in the ' government-wide financial statements, but in more detail. The City has seven enterprise funds and three internal service funds. The seven enterprise funds include the Municipal Liquar Fund, Valleywood Municipal Golf Course Fund, Sports Arena Fund, Water and Sewer Fund, Strom Drainage Fund, , Cemetery Fund, and the Street Light Utility Fund. The total net position of all enterprise funds totals $131,993,983, of which $118,410,631 is within net ' investment in capital assets, and is an increase of$8,034,421 over the prior year. Much of this increase results from the addition of capital assets during 2013 related to the expansion of the water treatment plant. The total unrestricted net position for all proprietary funds for the year was $13,279,529, a decrease of $5,751,353. The decline is related to the spend-down of current assets on the water treatment plant ' expansion project; a portion of this spend-down will be reimbursed through issuing the 2014 water revenue bonds. ' MUNICIPAL LIQUOR FUND The increase in net position in the Municipal Liquor Fund of $395,470 reflects continued positive operations of the City's liquor stores; this is after transferring $525,000 to the General Fund in support of ' public safety and parks and recreation activities. The increase in the Municipal Liquor Fund comes from an improvement in sales at Liquor Stores#1 and#3. � MUNICIPAL GOLF COURSE FUND The Valleywood Municipal Golf Course operations had a decrease in net position of$333,805, which can be attributed to startup costs associated with the first full year of operations of the new Valleywood ' Clubhouse. SPORTS ARENA FUND ' The Sports Arena Fund posted an increase in net position of $6,361, which results from reductions in personal service costs. ' WATER AND SEWER FUND ' The Water and Sewer Fund is the City's largest proprietary fund. Unrestricted net position at the end of the year amounted to $10,288,723, a decrease of$6,535,272 resulting from the spend-down of assets to fund the water treatment expansion project. A portion of this spend-down will be reimbursed through issuing the 2014 water revenue bonds. Current year operations posted a $1,197,577 increase in net ' position, resulting from continued positive operations. The operating revenues were down $307,101 for the year and result from a late, wet spring resulting in lower sales in early spring which was offset by a 3 percent increase in utility rates. Total net investment in capital assets totals $75,170,911, an increase of ' $7,732,849,which reflects an increase related to the water treatment plant expansion of$6,919,603. -14- ' ' STORM DRAINAGE UTILITY FUND The Storm Drainage Utility Fund increased its net position by $937,663, resulting from the capital , contributions through the public improvement process and the special assessments of improvements or the contribution of infrastructure improvements by developers constructing subdivisions. ' CEMETERY FUND The Cemetery Fund increased its net position by$58,785,resulting from lot sales during the year. ' STREET LIGHT UTILITY FUND The Street Light Utility Fund increased its net position by $5,258, reflecting a slight increase in sales far ' the year. , GENERAL FUND BUDGETARY HIGHLIGHTS The most significant amendment to the 2013 General Fund budget was related to a change in the ' accounting for the property tax levy for the road maintenance program. In 2013, the General Fund budget was amended to include $2,755,000 in the General Fund property tax levy and added to the 2013 ' budgeted transfers out to the Road Improvements Fund. This includes some projects that were carried over from 2012 to 2013 in the amount of$489,9'78. During the year,the total revenues exceeded the final amended budgetary estimates by$199,601,which is , attributed to licensing and permits exceeding the budget by $337,103 and intergovernmental revenue exceeding the budget by $100,093, of which$81,399 was additional fire relief aid received from the state of Minnesota. Total actual expenditures were $1,142,318 less than the budgetary estimates. General Fund , budget performance can be attributed to curtailing spending where possible and conservative budgeting practices. Actual employer insurance costs were approximately $221,000 under budget, as well as approximately$305,000 of 2013 projects or purchases that were not completed in 2013. ' CAPITAL ASSET AND DEBT ADMINISTRATION � Capital Assets—The City's investment in capital assets for its governmental and business-type activities as of December 31, 2013, amounted to $220,127,198, net of accumulated depreciation of$105,300,910. This investment in capital assets includes land, buildings and system improvements other than buildings, ' furniture and equipment, infrastructure, and construction in progress. The total increase in the City's investment in capital assets for the current fiscal year was $12,127,290, or approximately 5.8 percent. Total depreciation charged in 2013 was $7,423,955. ' City of Apple Valley's Capital Assets (Net of Depreciation) ' Governmental Activities Business-Type AcUviries Total 2013 2012 2013 2012 2013 2012 , Iand and land improvements $ 3,885,715 $ 2,793,438 $ 6,167,679 $ 5,969,490 $ 10,053,394 $ 8,762,928 Buildings 17,269,033 17,929,966 10,4�5,847 10,977,413 27,744,880 28,907,379 Improvements other than buildings 17,151,730 17,620,642 97,017,887 95,783,307 114,169,617 113,403,949 ' Furni[ure and equipment 5,137,168 5,357,773 1,338,361 1,298,311 6,475,529 6,656,084 Infrastructure 52,167,774 48,973,312 — — 52,167,774 48,973,312 Constructioninprogress 1,768,121 516,416 7,747,883 779,837 9,516,004 1,296,253 Total $ 97,379,541 $ 93,191,547 $ 122,747,657 $ 114,808,358 $ 220,127,198 $ 207,999,905 , -IS- ' � Major capital asset additions during the current year included the following: � • Land was purchased for the expansion of Kelley Park, resulting in the addition of$1,092,277 to land values. Street improvement projects totaling approximately $5.5 million included the ' following significant projects: Greenleaf Street Improvements ($1,623,947) and Whitney Drive Improvements ($1,735,159), along with other 2013 street and trail improvements totaling $1,087,628. ' • Utility improvements, including increases related to the water treatment plant expansion of $6,919,603,and water and sewer infrastructure improvements of$1,426,483. Additional information on the City's capital assets can be found in Note 4 on pages 48-49 of this report. tLong-Term Debt — At the end of the current fiscal year, the City had total debt outstanding of $40,770,645, a net increase of $5,035,761, or 14.1 percent. Of the total bonded debt, $3,972,987, or ' 9.7 percent, is due within one year. Of the total amount, $29,350,000 is backed by the full faith and credit of the City, and $6,205,000 is special assessment debt for which the City is liable in the event of default by the property owners subject to the assessment. The remainder of the debt is backed by the revenues of , the enterprise funds. City of Apple Valley's Debt ' Governmental Activities Business-Type Activities Total 2013 2012 2013 2012 2013 2012 ' General obligation bonds (backed by the City) $ 29,350,000 $ 22,165,000 $ 2,395,000 $ 2,735,000 $ 31,745,000 $ 24,90Q000 Special assessment bonds , (backed by the City) 6,205,000 8,015,000 — — 6,205,000 8,015,000 Revenue bonds (backed by specific revenues) 2,630,000 2,775,000 2,630,000 2,775,000 Capital lease ' (backed by speci�'ic revenues) — — 190,645 44,884 190,645 44,884 Total $ 35,555,000 $ 30,18Q000 $ 5,215,645 $ 5,554,884 $ 40,770,645 $ 35,734,884 � The total debt increased$5,035,761 during the current fiscal year. T'he increase resulted from the issuance of$9,000,000 in Crossover Refunding Bonds in 2013. Cash and investments held in escrow for this issue ' at December 31, 2013 totals $8,662,068. The proceeds of the 2013A G.O. Crossover Refunding Bonds are for the advance refunding of the 2007A and 2008D Park Bonds in the amount of$8,375,000 for the bond years 2023 to 2032. ' The City maintains an "Aaa" rating from Moody's and AAA from Standard and Poor's on all of its general obligation debt. ' State statutes limit the amount of general obligation debt a governmental entity may issue to 3 percent of the assessed valuation. The current debt limitation for the City is $123,111,918, which is significantly in excess ofthe City's outstanding general obligation debt subject to the limit. ' Additional information on the City's long-term debt can be found in Note 5 on pages 50-53 of this report. ' ' -16- ' , ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND RATES • Property taxes provide the largest source, approximately 73 percent, of the resources needed to ' support the General Fund activities. Minnesota cities are subject to levy limits for 2014. • Property values in the City are declining as they are in other locations. The increase in the median ' valued residential property for the 2014 budget year will be approximately 3.3 percent, compared to a reduction of 5.8 for the 2013 budget year. The preliminary county data for 2015 shows a 7.7 percent increase in the median valued home. , • The total property tax levy increased 1.4 percent for 2014. • The taxes paid by the median valued home increased for 2014 to $863, from $853 in 2013, or approximately 1.1 percent. • Contract settlements with all of the City's unions have been reached for 2014. ' • A 3 percent increase in the water utility rates was enacted in 2012, 2013, and 2014 to fund the expansion of the City's water treatment plant. Utility rates for the sewer, storm water, and street light utilities were each increased 3 percent for 2014. ' All of these factors were considered in preparing the City's budget for the 2014 fiscal year. ' REQUESTS FOR INFORMATION This comprehensive annual financial report is designed to provide a general overview of the City's ' finances for all those with an interest in the City's fmances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the Office ' of the Finance Director,7100—147th Street West, Apple Valley,Minnesota 55124. ' ' ' ' , � ' , ' -17- ' ICITY OF APPLE VALLEY ' Statement of Net Position as of December 31,2013 , Governmental Business-Type Activities Activities Total ' Assets Cash and investments $ 42,412,219 $ 14,879,553 $ 57,291,772 , Receivables Accounts and interest 783,732 2,920,593 3,704,325 Delinquent taxes 361,658 - 361,658 Special assessments 14,129,959 306,425 14,436,384 ' Due from other governmental units 3,462,175 11,805 3,473,980 Internal balances 2,028,625 (2,028,625) Prepaids 159,874 231,777 391,651 ' Inventory 41,721 1,505,576 1,547,297 Restricted assets Cash and investments for debt service 8,662,068 303,823 8,965,891 Interest receivable 11,840 - 11,840 ' Capital assets Not depreciated 5,653,836 13,915,562 19,569,398 Depreciated,net of accumulated depreciation 91,725,705 108,832,095 200,557,800 ' Total assets $ 169,433,412 $ 140,878,584 $ 310,311,996 Liabilities � Accrued salaries payable $ 936,956 $ 163,178 $ 1,100,134 Accounts payable 740,372 1,585,924 2,326,296 Contracts payable 360,003 1,149,352 1,509,355 t Interest payable 44,551 12,855 57,406 Due to other governmental units 70,778 183,374 254,152 Claims incurred,but not reported 1,543 - 1,543 Unearned revenue 3,820 - 3,820 ' Long-term liabilities Due within one year 4,848,184 800,517 5,648,701 Due in more than one year 34,626,550 5,040,673 39,667,223 ' Total long-term liabilities 39,474,734 5,841,190 45,315,924 Totalliabilities 41,632,757 8,935,873 50,568,630 , Net position Net investment in capital assets 70,526,658 118,410,631 188,937,289 Restricted for ' Debt service 8,922,926 303,823 9,226,749 Tax increment financing 5,683,915 5,683,915 Economic development 1,019,171 - 1,019,171 Police forfeiture 108,869 - 108,869 tCapital acquisition 2,725,771 - 2,725,771 Other purposes 158,744 - 158,744 Unrestricted 38,654,601 13,228,257 51,882,858 ' Total net position 127,800,655 131,942,711 259,743,366 Total liabilities and net position $ 169,433,412 $ 140,878,584 $ 310,311,996 ' See notes to basic financial statements -18- ' CITY OF APPLE VALLEY ' Statement of Activities � Year Ended December 31,2013 Program Revenues ' Operating Capital Charges for Grants and Grants and , Functions/Programs Expenses Services Contributions Contributions Governmental activities , General government $ 5,012,638 $ 2,315,613 $ 200,000 $ 11,996 Public safety 11,336,972 549,371 700,223 — Public works 6,905,011 892,267 — 3,238,156 Parks and recreation 6,345,937 1,271,031 — — ' Interest and fiscal charges 1,194,974 — — — Total governmental activities 30,795,532 5,028,282 900,223 3,250,152 Business-type activities ' Municipalliquor 8,419,472 9,380,818 — — Municipal golf course 1,507,451 1,168,154 — — Sports arena 759,930 643,855 — — ' Water and sewer 7,794,274 8,951,798 — 926,804 Storm drainage 1,052,087 1,525,136 80,707 570,697 Cemetery 51,472 123,197 — — ' Street light utility 444,106 449,885 — — Total business-type activities 20,028,792 22,242,843 80,707 1,497,501 Total governmental and ' business-type activities $ 50,824,324 $ 27,271,125 $ 980,930 $ 4,747,653 General revenues ' Property taxes Other taa�es Franchise taxes ' Grants and contributions not restricted to specific programs Other general revenues Investment eamings(net of market value ' adjustment) Transfers Total general revenues and transfers , Change in net position Net position—beginning ' Net position—ending ' ' See notes to basic financial statements ' -19- ' ' ' ' Net(Expenses) Revenue and Changes in Net Position ' Governmental Business-Type Activities Activities Total � $ (2,485,029) $ — $ (2,485,029) �io,og�,3�g� — �io,os�,3�g� �2,��a,sss� — �2,��4,ssg� � (5,074,906) _ (5,074,906) (1,194,974) (1,194,974) (21,616,875) — (21,616,875) � — 961,346 961,346 ' _ (339,297) (339,297) �ii6,o�s� �ii6,o�s> 2,084,328 2,084,328 — 1,124,453 1,124,453 ' = 71,725 71,725 5,779 5,779 — 3,792,259 3,792,259 t (21,616,875) 3,792,259 (17,824,616) ' 22,639,147 121,000 22,760,147 169,413 — 169,413 � 1,262,393 — 1,262,393 40,397 — 40,397 186,872 — 186,872 , (1,056,882) (358,333) (1,415,215) 1,338,889 (1,338,889) — ' 24,580,229 (1,576,222) 23,004,007 2,963,354 2,216,037 5,179,391 � 124,837,301 129,726,674 254,563,975 $ 127,800,655 $ 131,942,711 $ 259,743,366 � � ' -20- ' ' ' ' ' � � ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK 1 , � � , � � ' , ' ' ' ' ' ' ' ' � � THIS PAGE INTENTIONALLY LEFT BLANK ' ' ' ' ' , � ' ' ' CITY OF APPLE VALLEY ' Balance Sheet , Governmental Funds as of December 31,2013 Debt Service ' Improvement Improvement ' General Closed Bond Bonds Bonds Fund Issues of 2006 of 2007 (1000) (3205) (3330) (3340) ' Assets Cash and investments $ 11,356,150 $ 2,776,279 $ — $ — Restricted cash with fiscal agent — — ' Receivables Accounts 272,436 — — — Taxes—delinquent 353,699 — — — Special assessments ' Current 3,189 348,845 176,738 41,821 Delinquent 20,583 522,115 869,377 2,034,031 Deferred — 2,998,107 1,332,437 2,407,951 � Interest 362,938 — — — Due from other governmental units 3,457,998 — — — Due from other funds — 4,385,089 — — Advances to other funds — — — — , Prepaids 49,024 — — — Inventory 41,721 — — — Total assets $ 15,917,738 $ 11,030,435 $ 2,378,552 $ 4,483,803 , Liabilities Accrued salaries payable $ 928,858 $ — $ — $ — ' Accounts payable 341,731 — — — Contracts payable 3,550 — — — Due to other governmental units 35,924 — — — Unearned revenue 3,820 — ' Due to other funds — — 667,921 984,813 Totalliabilities 1,313,883 — 667,921 984,813 Deferred inflows of resources ' Unavailable revenue—property ta�ces 353,699 — Unavailable revenue—special assessments 23,772 3,869,067 2,378,552 4,483,803 Total deferred inflows of resources 377,471 3,869,067 2,378,552 4,483,803 ' Fund balances(deficit) Nonspendable 90,745 — — — Restricted — — _ _ ' Committed 154,100 — — — Assigned 151,502 7,161,368 — — Unassigned 13,830,037 — (667,921) (984,813) t Total fund balances(deficit) 14,226,384 7,161,368 (667,921) (984,813) Total liabilities,deferred inflows of resources,and fund balances $ 15,917,738 $ 11,030,435 $ 2,378,552 $ 4,483,803 ' See notes to basic financial statements ' -21- ' , ' ' Capital Projects t 2001/2008B Refunding Future Improvement Road Capital Nonmajor Total Bonds Improvements Projects Governmental Governmental ' (3285) (2025) (4930) Funds Funds $ - $ - $ 6,392,571 $ 18,363,692 $ 38,888,692 t - - - 8,662,068 8,662,068 - - - 146,970 419,406 ' - - = 7,959 361,658 89,289 57,965 288,738 1,006,585 85,540 - - 69,295 3,600,941 ' S88,180 642,981 = 1,552,777 9,522,433 11,840 374,778 - - - 4,177 3,462,175 - - 4,844,193 - 9,229,282 ' _ = 1,915,150 62,203 1,977,353 49,024 - - 41,721 ' $ 763,009 $ 700,946 $ 13,151,914 $ 29,169,719 $ 77,596,116 ' $ _ $ - $ _ $ 8,098 $ 936,956 43,018 272,558 657,307 - 62,643 - 293,810 360,003 - 34,515 - 198 70,637 ' - - _ - 3,820 2,500,601 3,367,568 1,708,379 9,229,282 2,500,601 3,507,744 - 2,283,043 11,258,005 ' - - - 7,959 361,658 763,009 700,946 - 1,910,810 14,129,959 ' 763,009 700,946 - 1,918,769 14,491,617 ' _ _ _ = 90,745 20,966,147 20,966,147 154,100 - - 13,151,914 5,901,805 26,366,589 � (2,500,601) (3,507,744) - (1,900,045) 4,268,913 (2,500,601) (3,507,744) 13,151,914 24,967,907 51,846,494 ' $ 763,009 $ 700,946 $ 13,151,914 $ 29,169,719 $ 77,596,116 ' -22- , ' , , ' ' ' ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' ' ' ' ' ' � ' ' ' ' CITY OF APPLE VALLEY ' Reconciliation of the Balance Sheet to the Statement of Net Position Governmental Funds ' December 31,2013 ' Total fund balances—governmental funds $ 51,846,494 Amounts reported for governmental activities in the Statement of Net Position are different because: , Capital assets used in governmental activities are not current financial resources and,therefore,are not reported as assets in governmental funds. ' Cost of capital assets 157,093,077 Less accumulated depreciation (59,713,536) Long-term liabilities, including bonds payable, are not due or payable in the current period and, ' therefore, are not reported as liabilities in governmental funds. Long-term liabilities at year-end consist of: Bonds payable ' (35,555,000) , Net OPEB obligation (959,650) Due to availability, certain revenues are not recognized under the governmental fund statements until received; however, under full accrual in the government-wide Statement of Activities, ' revenues are recorded when earned regardless of when received. 14,491,617 Accrued interest payable is included in net position,but is excluded from fund balances until due ' and payable. (44,551) Internal service funds are used by management to charge certain costs to individual funds. The ' assets and liabilities of the internal service funds are included in governmental activities in the Statement of Net Position. Internal service balances included in governmental activities 966,283 � Add internal services balances allocated to business-type activities 51,272 Governmental funds report debt premiums as other financing sources at the time of issuance. Premiums are reported as liabilities in the Statement of Net Position. (375,351) ' Total net position—governinental activities $ 127,800,655 ' ' ' ' ' See notes to basic fmancial statements -23- , CITY OF APPLE VALLEY , Statement of Revenue,Expenditures,and Changes in Fund Balances ' Governmental Funds Year Ended December 31,2013 , Debt Service Improvement Improvement ' General Closed Bond Bonds Bonds Fund Issues of 2006 of 2007 (1000) (3205) (3330) (3340) ' Revenue Taxes $ 21,081,786 $ 12,376 $ — $ — ' Other taxes 95,909 — — — Franchise fees 489,083 — — — Special assessments 11,996 2,033,277 1,083,041 67,786 Licenses and permits 1,140,603 — � Intergovernmental 938,090 — — — Charges for services 2,498,587 — — — Fines and forfeits 257,345 — — — ' Investment earnings(net of market value adjustment) (122,708) (138,498) Other 709,163 — — — Total revenue 27,099,854 1,907,155 1,083,041 67,786 ' Expenditures Current ' General government 4,443,847 — — — Public safety 10,444,742 — Public works 4,024,884 — — — Parks and recreation 4,688,539 — — — ' Capital outlay 1,023,101 — — — Debt service Principal 355,000 225,000 � Interest and fiscal charges — 19,299 17,075 96,413 Total expenditures 24,625,113 19,299 372,075 321,413 Excess(deficiency)of revenue over ' expenditures 2,474,741 1,887,856 710,966 (253,627) Other financing sources(uses) Sale of capital assets 27,544 — ' Refunding bonds issued — — — — Premium on refunding bonds issued — — — — Transfers in 1,125,000 1,006,774 — — ' Transfers(out) (2,776,417) (2,989,900) — — Total other financing sources(uses) (1,623,873) (1,983,126) Net change in fund balances 850,868 (95,270) 710,966 (253,627) � Fund balances(deficit) Beginningofyear 13,375,516 7,256,638 (1,378,887) (731,186) ' Endofyear $ 14,226,384 $ 7,161,368 $ (667,921) $ (984,813) See notes to basic financial statements ' -24- ' ' ' ' Capital Projects ' 2001/2008B Refunding Future Improvement Road Capital Nonmajor Total Bonds Improvements Projects Governmental Governmental ' (3285) (2025) (4930) Funds Funds ' $ _ $ _ $ _ $ 1,702,283 $ 22,796,445 73,504 169,413 — — — 773,310 1,262,393 164,462 97,812 — 614,687 4,073,061 , _ — 1,140,603 824,303 29 626,500 2,388,922 — — — — 2,498,587 ' — — — — 257,345 — — (237,114) (493,383) (991,703) — — 83,361 546,341 1,338,865 ' 164,462 922,115 (153,724) 3,843,242 34,933,931 ' — — — 74,755 4,518,602 — — — 93,301 10,538,043 — — — 6,608 4,031,492 ' _ — — 290,357 4,978,896 4,317,281 7,361 3,368,797 8,716,540 ' 400,000 = = 2,645,000 3,625,000 41,931 1,093,509 1,268,227 441,931 4,317,281 7,361 7,572,327 37,676,800 1 (277,469) (3,395,166) (161,085) (3,729,085) (2,742,869) ' — — — 172,166 199,710 — — — 9,000,000 9,000,000 — — — 81,545 81,545 , = 3,846,164 — 5,204,670 11,182,608 (2,551,838) (1,525,564) (9,843,719) — 3,846,164 (2,551,838) 12,932,817 10,620,144 ' (277,469) 450,998 (2,712,923) 9,203,732 7,877,275 ' (2,223,132) (3,958,742) 15,864,837 15,764,175 43,969,219 $ (2,500,601) $ (3,507,744) $ 13,151,914 $ 24,967,907 $ 51,846,494 ' -25- , � ' ' ' ' ' ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' , � ' ' t t ' , ' ICITY OF APPLE VALLEY � Reconciliation of the Statement of Revenue,Expenditures,and Changes in Fund Balances to the Statement of Activities Governmental Funds , Year Ended December 31,2013 ' Total net change in fund balances—governmental funds $ 7,877,275 Amounts reported for governmental activities in the Statement of Activities are different because: ' Capital outlays are reported in governmental funds as expenditures. However,in the Statement of Activities the cost of those assets is allocated over the estimated useful lives as depreciation ' expense. Capital outlay 8,449,268 Capital contributions 768,046 Depreciation expense (4,887,518) ' A gain or loss on the disposal of capital assets, including the difference between the carrying value and any related sale proceeds,is included in the change in net position.However,only the ' sale proceeds are included in the change in fund balances. (141,802) The amount of bond proceeds used to finance the acquisition of capital assets is reported in the ' governmental funds as a source of financing. Bond proceeds are not revenues in the Statement of Activities,but rather constitute long-term liabilities. (9,000,000) � Repayment of long-term liabilities is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the Statement of Net Position. 3,625,000 � Net OPEB obligations are recognized as paid in the governmental funds, but recognized as the expense is incurred in the Statement of Activities. (146,106) Interest on long-term debt in the Statement of Activities differs from the amount reported in the � governmental funds because interest is recognized as an expenditure in the funds when it is due, and thus requires the use of current financial resources. In the Statement of Activities,however, interest expense is recognized as the interest accrues,regardless of when it is due. 36,078 ' Governmental funds report debt issuance premiums as other financing sources at the time of issuance.Premiums are reported as liabilities in the Statement of Net Position. (44,370) ' Certain revenues are recognized as soon as they are earned in the Statement of Activities. However,under the modified accrual basis of accounting,certain revenues cannot be recognized ' until they are available to liquidate liabilities of the current period. (3,394,908) Internal service funds are used by management to charge certain costs to individual funds. The net revenue of certain activities of internal service funds is reported with governmental activities � in the government-wide financial statements. Internal service fund activity included in governmental activities (228,881) Add back internal service fund activity allocated to business-type activities 51,272 ' Change in net position—governmental activities $ 2,963,354 ' See notes to basic financial statements -26- , ' ' ' ' ' ' ' ' ' TffiS PAGE INTENTIONALLY LEFT BLANK � � � ' , ' � ' ' ' ICITY OF APPLE VALLEY ' Statement of Revenue,Expenditures,and Changes in Fund Balances General Fund-Budget and Actual Year Ended December 31,2013 , Budgeted Amounts Over(Under) ' Original Final Actual Budget Revenue ' Taxes $ 18,377,570 $ 21,132,570 $ 21,081,786 $ (50,784) Other taxes 88,019 88,019 95,909 7,890 Franchise fees 450,000 450,000 489,083 39,083 Special assessments 14,000 14,000 11,996 (2,004) ' Licenses and permits 771,700 803,500 1,140,603 337,103 Intergovernmental 582,997 837,997 938,090 100,093 Charges for services 2,552,227 2,584,567 2,498,587 (85,980) t Fines and forfeits 282,000 282,000 257,345 (24,655) Investment earnings(net of market value adjustment) 160,000 160,000 (122,708) (282,708) Other 547,600 547,600 709,163 161,563 ' Total revenue 23,826,113 26,900,253 27,099,854 199,601 Expenditures ' Current General government 4,521,531 4,823,579 4,443,847 (379,732) Public safety 10,527,933 10,730,122 10,444,742 (285,380) Public works 4,111,048 4,238,143 4,024,884 (213,259) ' Parks and recreation 4,953,466 4,968,466 4,688,539 (279,927) Capital outlay General government 262,356 241,456 221,069 (20,387) ' Public safety 360,700 381,850 437,819 55,969 Public works 174,825 174,825 156,413 (18,412) Parks and recreation 214,000 208,990 207,800 (1,190) Total expenditures 25,125,859 25,767,431 24,625,113 (1,142,318) � Excess(deficiency)of revenue over expenditures (1,299,746) 1,132,822 2,474,741 1,341,919 ' Other financing sources(uses) Sale of capital assets 20,000 20,000 27,544 7,544 Transfers in 1,125,000 1,125,000 1,125,000 - , Transfers(out) (12,800) (2,767,800) (2,776,417) (8,617) Total other financing sources(uses) 1,132,200 (1,622,800) (1,623,873) (1,073) ' Net change in fund balances $ (167,546) $ (489,978) 850,868 $ 1,340,846 Fund balances Beginning of year 13,375,516 ' End of year $ 14,226,384 � ' See notes to basic financial statements -27- � CITY OF APPLE VALLEY ' Statement of Net Position ' Proprietary Funds as of December 31,2013 , Business-Type Activities—Enterprise Funds Municipal Municipal Sports Water and ' Liquor Golf Course Arena Sewer (5000,5030) (5100) (5200) (5300,5400) Assets , Current assets Cash and investments $ 2,451,413 $ — $ — $ 9,320,663 ' Receivables Special assessments Current — — — 274,369 , Delinquent — — — 21,041 Accounts 971 5,524 373,824 2,038,224 Interest 1,960 — — — Due from other governmental units — — — 5,265 ' Prepaids 15,719 — — 216,058 Inventory 1,364,957 65,092 — 75,527 Total current assets 3,835,020 70,616 373,824 11,951,147 ' Noncurrent assets Restricted cash with fiscal agent 303,823 — Deferred special assessment receivable — — — — ' Advance to other funds — — — 915,836 Capital assets Land and land improvements 1,179,183 991,179 2,000 1,781,235 t Construction in progress — — — 7,692,835 Buildings 3,439,237 3,190,504 3,308,602 8,269,633 Other improvements 25,000 584,612 40,594 84,494,374 ' Furniture and equipment 336,978 976,974 187,284 3,215,078 Less accumulated depreciation (1,121,794) (1,193,035) (2,218,828) (30,282,244) Total capital assets(net of accumulated depreciation) 3,858,604 4,550,234 1,319,652 75,170,911 ' Total noncurrent assets 4,162,427 4,550,234 1,319,652 76,086,747 Total assets $ 7,997,447 $ 4,620,850 $ 1,693,476 $ 88,037,894 ' ' ' ' See notes to basic fmancial statements ' -28- ' � ' � Governmental ' Storm Street Light Activities Drainage Cemetery Utility Intemal (5500,5550) (5600,5700) (5800) Totals Service Fund � ' $ 2,394,589 $ 681,047 $ 31,841 $ 14,879,553 $ 3,523,527 ' 1,224 = = 275,593 = 21,041 384,179 — 115,911 2,918,633 1,388 — — — 1,960 — ' 6,540 = = 11,805 — 231,777 110,850 — — — 1,505,576 — � 2,786,532 681,047 147,752 19,845,938 3,635,765 ' — — = 303,823 = 9,791 9,791 915,836 ' 1,700,522 513,560 = 6,167,679 = 55,048 7,747,883 — — — 18,207,976 — ' 45,576,750 655,674 = 131,377,004 = 118,175 4,834,489 (10,615,993) (155,480) — (45,587,374) — ' 36,834,502 1,013,754 — 122,747,657 — 36,844,293 1,013,754 — 123,977,107 — ' $ 39,630,825 $ 1,694,801 $ 147,752 $ 143,823,045 $ 3,635,765 ' ' , ' (continued) -29- , CITY OF APPLE VALLEY ' Statement of Net Position ' Proprietary Funds(continued) as of December 31,2013 ' Business-Type Activities-Enterprise Funds Municipal Municipal Sports Water and ' Liquor Golf Course Arena Sewer (5000,5030) (5100) (5200) (5300,5400) Liabilities and Net Position ' Current liabilities Accrued salaries payable $ 52,615 $ 19,299 $ 20,655 $ 70,014 ' Accounts payable 449,031 69,569 40,444 968,733 Contractspayable - - - 1,148,830 Interest payable 9,321 518 460 - ' Due to other governmental units 100,490 846 183 74,323 Claims incurred,but not reported - - - - Accrued compensated absences 50,480 20,550 22,500 149,000 Capital lease payable - 52,987 - - ' Bonds payable 150,000 - 115,000 - Total current liabilities 811,937 163,769 199,242 2,410,900 Noncurrent liabilities ' Accrued compensated absences 45,670 51,560 20,155 79,967 Net OPEB obligation 44,030 20,210 14,055 87,393 Capital lease payable - 137,658 - - ' Advance from other fund - 2,219,846 673,343 - Premium on bonds issued - - - - Bonds payable 2,480,000 - - - ' Total noncurrent liabilities 2,569,700 2,429,274 707,553 167,360 Totalliabilities 3,381,637 2,593,043 906,795 2,578,260 , Net posrtion(deficrt) Net investment in capital assets 1,228,604 4,359,589 1,204,652 75,170,911 Restricted for debt service 303,823 - ' Unrestricted 3,083,383 (2,331,782) (417,971) 10,288,723 Total net position 4,615,810 2,027,807 786,681 85,459,634 Total liabilities and net position $ 7,997,447 $ 4,620,850 $ 1,693,476 $ 88,037,894 , ' ' , See notes to basic financial statements , -30- ' � ' ' Governmental t Storm Street Light Activities Drainage Cemetery Utility Internal (5500,5550) (5600,5700) (5800) Totals Service Fund , � $ - $ 595 $ - $ 163,178 $ - 16,112 5,233 36,802 1,585,924 83,065 522 - - 1,149,352 - ' 2,556 - 12,855 - 6,426 1,106 183,374 141 - - 1,543 ' - - = 242,530 1,433,184 52,987 240,000 505,000 265,616 5,828 37,908 3,895,200 1,517,933 ' - 197,352 1,151,549 ' 46 = = 165,734 = 137,658 - - - 2,893,189 - 19,929 - - 19,929 - , 2,040,000 = = 4,520,000 - 2,059,975 7,933,862 1,151,549 ' 2,325,591 5,828 37,908 11,829,062 2,669,482 35,433,121 1,013,754 - 118,410,631 - � - - - 303,823 - 1,872,113 675,219 109,844 13,279,529 966,283 37,305,234 1,688,973 109,844 131,993,983 966,283 ' $ 39,630,825 $ 1,694,801 $ 147,752 $ 143,823,045 $ 3,635,765 ' Total net position-enterprise funds $ 131,993,983 Adjustment to reflect the consolidation of internal service fund activity related ' to enterprise funds (51,272) Net position-business-type activities $ 131,942,711 ' � -31- � CITY OF APPLE VALLEY ' Statement of Revenue,Expenses,and Changes in Net Position , Proprietary Funds Year Ended December 31,2013 Business-Type Activities-Enterprise Funds ' Municipal Municipal Sports Water and Liquor Golf Course Arena Sewer , __(5000,5030) (5100) (5200) (5300,5400) Operating revenue Sales and rentals $ 9,380,818 $ 1,167,654 $ 643,855 $ - ' Charges for services - - - 8,949,608 Totaloperatingrevenue 9,380,818 1,167,654 643,855 8,949,608 Cost of goods sold 6,695,446 231,404 849 - ' Gross profit 2,685,372 936,250 643,006 8,949,608 Operating expenses ' Personal services 978,237 758,809 367,831 1,492,769 Contractual services 28,838 49,769 44,558 223,868 Other charges 317,057 46,238 6,147 630,714 Suppliesandrepairs 28,127 146,318 43,515 778,840 , Insurance 48,500 37,000 11,600 150,000 Utilities 59,973 51,685 127,134 372,324 Depreciation 134,489 159,987 144,720 1,590,047 , Sewer charges - - - 2,537,948 Total operating expenses 1,595,221 1,249,806 745,505 7,776,510 Operating income(loss) 1,090,151 (313,556) (102,499) 1,173,098 ' Nonoperating revenue(expense) Taaces - - 121,000 - Intergovernmental - - - - , Inveshnent earnings(net of market value adjushnent) (54,549) (1,344) (1,982) (239,646) Other income - 500 - 2,190 Gain on sale of capital assets 1,304 9,581 Interest expense (116,436) (19,405) (10,158) - � Total nonoperating revenue(expense) (169,681) (20,249) 108,860 (227,875) Income(loss)before capital conMbutions and transfers 920,470 (333,805) 6,361 945,223 ' Capital contributions - - - 689,021 Capital contributions-connection fees - - - 237,783 � Transfers(out) (525,000) - - (674,450) Change in net position 395,470 (333,805) 6,361 1,197,577 Net position ' Beginningofyear 4,220,340 2,361,612 780,320 84,262,057 End of year $ 4,615,810 $ 2,027,807 $ 786,681 $ 85,459,634 ' ' See notes to basic financial statements � -32- � � ' ' Governmental Storm Street Light Activities , Drainage Cemetery Utility Internal (5500,5550) (5600,5700) (5800) Totals Service Fund ' $ - $ - $ - $ 11,192,327 $ - 1,505,136 123,197 449,885 11,027,826 1,283,667 1,505,136 123,197 449,885 22,220,153 1,283,667 ' - - - 6,927,699 - 1,505,136 123,197 449,885 15,292,454 1,283,667 t8,096 2,650 - 3,608,392 666,826 86,848 15,441 9,842 459,164 35,527 ' 303,421 10,737 2,154 1,316,468 923,123 46,005 1,671 1,759 1,046,235 2,000 1,900 251,000 54,795 1,909 428,451 1,096,271 - ' 488,130 19,064 = 2,536,437 = 2,537,948 989,295 51,472 444,106 12,851,915 1,625,476 � 515,841 71,725 5,779 2,440,539 (341,809) - - - 121,000 - ' 80,707 - - 80,707 - (47,351) (12,940) (521) (358,333) (65,179) 20,000 22,690 178,107 - - - 10,885 - � (62,792) - - (208,791) - (9,436) (12,940) (521) (331,842) 112,928 ' S06,405 58,785 5,258 2,108,697 (228,881) 424,960 - - 1,113,981 - ' 145,737 = = 383,520 = (139,439) (1,338,889) 937,663 58,785 5,258 2,267,309 (228,881) � 36,367,571 1,630,188 104,586 129,726,674 1,195,164 t $ 37,305,234 $ 1,688,973 $ 109,844 $ 131,993,983 $ 966,283 Change in net position- enterprise funds $ 2,267,309 ' Adjustment to reflect the consolidation of internal service fund activities related to the enterprise funds (51,272) Change in net position- business-type activities $ 2,216,037 ' -33- ' CITY OF APPLE VALLEY � Statement of Cash Flows Proprietary Funds ' Year Ended December 31,2013 Business-Type Activities-Enterprise Funds , Municipal Municipal Sports Water and Liquor Golf Course Arena Sewer (5000,5030) (1500) (5200) (5300,5400) ' Cash flows from operating activities Cash received from customers $ 9,383,845 $ 1,162,130 $ 650,259 $ 8,918,667 Cash receipts on interfund services provided - - - _ Cash payments to suppliers (7,221,407) (658,504) (230,808) (2,823,203) ' Cash payments to employees for service: (967,131) (764,169) (365,488) (1,449,050) Net cash flows from operating activities 1,195,307 (260,543) 53,963 4,646,414 Cash flows from capital and related financing activities ' Acquisition and conshuction of capital assets - (314,044) (13,846) (8,633,877) Connection fees received - - - 237,783 Proceeds from sale of capital assets 1,304 - - 9,581 Proceeds from capital lease - 218,015 - - Payment on debt (145,000) (72,254) (110,000) - ' Interest paid (116,853) (20,430) (10,580) - Net cash flows from capital and related financing activities (260,549) (188,713) (134,426) (8,386,513) Cash flows from investing acriviries ' Interest received(market value adjustment)on investments (54,520) (1,344) (1,982) (239,646) Cash flows from noncapital fmancing activities Intergovernmentalrevenue _ _ _ _ ' TaYes - - 121,000 - Otherincome - 500 - 2,190 Cash received from(paid to)other funds - 56,311 (38,555) (203,938) Transfers(out) (525,000) - - (674,450) Net cash flows from noncapital financing activities (525,000) 56,811 82,445 (876,198) ' Netincrease(decrease)in cash and cash equivalents 355,238 (393,789) - (4,855,943) Cash and cash equivalents ' Beginning of year 2,399,998 393,789 - 14,176,606 Endofyear $ 2,755,236 $ - $ - $ 9,320,663 Reconciliation of operating income(loss)to net cash flows from ' operating activiUes Operating income(loss) $ 1,090,151 $ (313,556) $ (102,499) $ 1,173,098 Adjustments to reconcile operating income(loss)to net cash flows from operating activities , Depreciation 134,489 159,987 144,720 1,590,04'7 Change in assets and liabilities Receivables Special assessments - - - (16,827) , Accounts 3,027 (5,524) (233,245) (16,145) Due from other governmental units - - 239,649 2,031 Inventory (3,653) (18,098) - (7,030) Prepaids (2,013) 50 175 (10,215) � Accounts payable (34,596) 45,064 20,127 800,652 Contracts payable - (123,457) - 1,067,898 Accrued salaries payable 3,611 4,541 1,896 7,194 Claims incurred,but not reported - _ _ _ NetOPEBobligation 6,218 3,362 2,150 13,555 ' Accrued compensated absences 1,277 (13,263) (1,703) 22,970 Due to other governmental imits (3,204) 351 (17,307) 19,186 Net cash flows from operating activities $ 1,195,307 $ (260,543) $ 53,963 $ 4,646,414 , Noncash capital activities Capital conh-ibutions $ - $ - $ - $ 689,021 See notes to basic financial statements ' -34- ' � ' , ' Govemmental Storm Street Light Activities Drainage Cemetery Utility lntemal ' (5500,5550) (5600,5700) (5800) Totals Service Fund $ 1,524,702 $ 123,197 $ 447,381 $ 22,210,181 $ - - - - - 1,285,401 � (506,702) (27,984) (442,807) (11,911,415) �(1,329,506) (8,050) (2,166) (3,556,054) (14,080) 1,009,950 93,047 4,574 6,742,712 (58,185) t (244,615) (155,373) _ (9,361,755) _ 145,73 7 383,520 - - - 10,885 - - - - 218,015 - � �2so,000> _ _ �ss�,2sa� _ (64,553) (212,416) (393,431) (155,373) - (9,519,005) - � �a�,3si� �iz,9ao> �szi� �sss,3oa� �6s,i�9� , so,�o� _ = ao,�o� _ iai,000 20,000 22,690 178,107 - - - (186,182) - � (139,439) � _ (1,338,889) - (38,732) (1,300,674) 178,107 530,436 (75,266) 4,053 (4,435,271) 54,743 ' 1,864,153 756,313 27,788 19,618,647 3,468,784 $ 2,394,589 $ 681,047 $ 31,841 $ 15,183,376 $ 3,523,527 ' $ 515,841 $ 71,725 $ 5,779 $ 2,440,539 $ (341,809) , 488,130 19,064 - 2,536,437 - ' (2,448) _ - (19,275) - (11,44� (2,504) (265,837) 1,734 33,460 - - 275,140 - - - - (28,781) - ' - _ _ (12,003) 61,547 12,907 1,774 1,126 847,054 78,321 (19,047) 925,394 - 484 - 17,726 - ' _ - - 1,543 46 25,331 9,281 140,338 (7,493) - 173 (8,294) 141 ' $ 1,009,950 $ 93,047 $ 4,574 $ 6,742,712 $ (58,185) $ 424,960 $ - $ - $ 1,113,981 $ - , -35- , ' ' ' ' ' � ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' t ' ' ' ' ' ' , ' ICITY OF APPLE VALLEY ' Notes to Basic Financial Statements December 31,2013 , NOTE 1—SIGNIFICANT ACCOUNTING POLICIES ' A. Organization The City of Apple Valley,Minnesota(the City) is a statutory city governed by an elected mayor and four ' councilmembers. The accompanying financial statements present the government entities for which the City is considered to be fmancially accountable. ' The accounting policies of the City conform to accounting principles generally accepted in the United States of America as applicable to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and fmancial ' reporting principles. B. Reporting Entity tAs required by accounting principles generally accepted in the United States of America, these financial statements include the City (the primary government) and its component units. Component units are legally separate entities for which the primary government is financially accountable, or for which the ' exclusion of the component unit would render the fmancial statements of the primary government misleading. The criteria used to determine if the primary government is financially accountable for a component unit includes whether or not the primary government appoints the voting majority of the , potential component unit's board, is able to impose its will on the potential component unit, is in a relationship of fmancial benefit ar burden with the potential component unit, or is fiscally depended upon by the potential component unit. � The Apple Valley Economic Development Authority (EDA) is a legally separate entity from the City. Although legally separate,the Apple Valley EDA is reported as if it were part of the primary government ' because it provides services exclusively for the City. Members of the governing board of the Apple Valley EDA are the City councilmembers and two other members appointed by the City Council. Separate financial statements are not prepared for the Apple Valley EDA. The Apple Valley EDA is a ' blended component unit and reported in the fmancial statements of the City as the Economic Development Debt Service Fund and the EDA Operations Special Revenue Fund. ' C. Government-Wide Financial Statement Presentation The government-wide fmancial statements (Statement of Net Position and Statement of Activities) display information about the reporting government as a whole. These statements include all of the ' financial activities of the City. Governmental activities, which are normally supported by taxes and intergovernmental revenues, are reported separately from business-type activities,which significantly rely upon sales,fees, and charges for support. � The Statement of Activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who ' purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, 2) operating grants and contributions, and 3) capital grants and contributions, including special , assessments that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other internally directed revenues are reported as general revenues. -36- ' ' NOTE 1—SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) The government-wide financial statements are reported using the economic resources measurement focus ' and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes and special , assessments are recognized as revenues in the fiscal year for which they are certified for levy. Grants and similar items are recognized when all eligibility requirements imposed by the provider have been met. As a general rule;the effect of interfund activity has been eliminated from the government-wide financial ' statements. However, charges between the City's enterprise funds and other functions are not eliminated, as that would distort the direct costs and program revenues reported in those functions. Depreciation expense is included in the direct expenses of each function. Interest on long-term debt is considered an ' indirect expense and is reported separately on the Statement of Activities. D. Fund Financial Statement Presentation ' Separate fund financial statements are provided for governmental and proprietary funds. Major individual governmental and enterprise funds are reported as separate columns in the fund financial statements. ' Aggregated information for the remaining nonmajor governmental funds is reported in a single column in the fund fmancial statements. Governmental fund financial statements are reported using the current financial resources measurement ' focus and the modified accrual basis of accounting. Under this basis of accounting transactions are recorded in the following manner: � 1. Revenue Recognition — Revenue is recognized when it becomes measurable and available. ' "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the ' current period. For this purpose, the City considers revenues to be available if they are collected within 60 days after year-end. Only the portion of spec.ial assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. ' Grants and similar items are recognized when all eligibility requirements imposed by the provider have been met. Major revenue that is susceptible to accrual includes property taxes, special assessments, ' intergovernmental revenue, charges for services, and interest earned on investments. Major revenue that is not susceptible to accrual includes licenses and permits, fees, and miscellaneous ' revenue. Such revenue is recorded only when received because it is not measurable until collected. 2. Recording of Expenditures —Expenditures are generally recorded when a liability is incurred, ' except for principal and interest on long-term debt, other post-employment benefits (OPEB) obligations, and compensated absences, which are recognized as expenditures to the extent they have matured. Capital asset acquisitions are reported as capital outlay expenditures in the ' governmental funds. Proceeds of long-term debt and acquisitions under capital leases are reported as other financing sources. , ' ' -37- � � NOTE 1—SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) ' Proprietary fund fmancial statements are reported using the economic resources measurement focus and accrual basis of accounting, similar to the government-wide financial statements. Proprietary funds � distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's enterprise funds and internal service funds are charges to customers for sales and services. The operating expenses ' for the enterprise funds and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses that do not meet this defmition are reported as nonoperating revenues and expenses. ' Aggregated information for the internal service funds is reported in a single column in the proprietary fund financial statements. Because the principal user of the internal services is the City's governmental ' activities, the fmancial statements of the internal service funds are consolidated into the governmental column when presented in the government-wide financial statements. The cost of these services is reported in the appropriate functional activity. � Description of Funds The City reports the following major governmental funds: tGeneral Fund (1000) — This fund is the City's primary operating fund. It accounts for all fmancial resources of the general government,except those required to be accounted far in another fund. ' Closed Bond Issues Debt Service Fund (3205) — This fund accounts for all the closed bond issues that still have activity. tImprovement Bonds of 2006 Debt Service Fund (3330) — This fund accounts for the payment of the bond issuance for various 2006 improvements. ' Improvement Bonds of 2007 Debt Service Fund (3340) — This fund accounts for the payment of the bond issuance for various 2007 improvements. ' 2001/2008B Refunding Improvement Bonds Debt Service Fund (3285) — This fund accounts for the payment of the bond issuance for various improvements. ' Road Improvements Capital Projects Fund (2025) — This fund accounts for various road improvements. ' Future Capital Projects Capital Projects Fund (4930) —This fund accounts for funds set aside for future capital improvements. The City reports the following major enterprise funds: � Municipal Liquor Fund (5000 and 5030) — These funds account for the operations of the City's liquor stores. ' Municipal Golf Course Fund (5100) — This fund accounts for the operations of the City's golf course. ' Sports Arena Fund (5200)—This fund accounts for the operations of the City's sports arena. ' Water and Sewer Fund (5300 and 5400)—These funds account for the activities of the City's water and sewer operations. -38- ' ' NOTE 1—SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Storm Drainage Fund (5500 and 5550) —These funds account for the activities of the City's storm , drainage operations. Cemetery Fund (5600 and 5700) — These funds account for the activities of the City's cemetery , operations. Street Light Utility Fund (5800) — This fund accounts for the activities of the City's street light ' operations. Additionally,the City reports the following fund types: ' Internal Service Funds — Internal service funds account for the fmancing of goods and services provided to other departments or agencies of the City on a cost reimbursement basis. The City utilizes , an Insurance Internal Service Fund, Risk Management Internal Service Fund, and a Vehicle Equipment Replacement Internal Service Fund in managing city operations. E. Cash and Investments � Cash and investments include balances from all funds that are combined and invested to the extent ' available in various securities as authorized by state law. Earnings from the pooled investments are allocated to the respective funds on the basis of applicable cash balance participation by each fund. The City generally reports investments at fair value. Restricted cash with fiscal agent in the G.O. Refunding Bonds of 2013 Debt Service Fund includes ' balances held in an escrow account for future bond refunding. Earnings on this account are allocated directly to this fund. Restricted cash with fiscal agent in the Municipal Liquor Fund includes balances � held in an account in accordance with debt agreements to subsidize potential deficiencies from the liquor store operations that could adversely affect debt service payments. F. Receivables ' Utility and miscellaneous accounts receivable are reported at gross. Since the City is generally able to ' certify delinquent amounts to the county for collection as special assessments, no allowance for uncollectible accounts has been provided on current receivables. The City does record an allowance for the amount of utility receivables that remain delinquent after having been certified to the county. The only � receivables not expected to be collected within one year are property taxes and special assessments receivable, G. Interfund Receivables and Payables , In the fund fmancial statements, activity between funds that is representative of lending or borrowing arrangements is reported as either"due to/from other funds" (current portion) or"advances to/from other ' funds." All other outstanding balances between funds are reported as "due to/from other funds." Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide fmancial statements as"internal balances." ' ' ' -39- ' ' NOTE 1—SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) , H. Property Taxes ' Property tax levies are set by the City Council in December of each year, and are certified to Dakota County for collection in the following year. In Minnesota, counties act as collection agenis for all properiy taxes. The county spreads the levies over all taxable property. Such taxes become a lien on ' January 1 and are recorded as receivables by the City on that date. Real property taxes may be paid by taxpayers in two equal installments on May 15 and October 15. Personal property taxes are due in full on May 15. The county provides tax settlements to cities and other taxing districts three times a year; in July, December,and January. ' Property taxes are recognized as revenue in the year levied in the government-wide financial statements and proprietary fund financial statements. In the governmental fund financial statements, taxes are ' recognized as revenue when received in cash or within 60 days after year-end. Taxes which remain unpaid on December 31 are classified as delinquent taxes receivable, and are offset by a deferred inflow of resources in the governmental fund fmancial statements. ' I. Special Assessments , Special assessments represent the fmancing for public improvements paid for by benefiting property owners. Special assessments are recorded as receivables upon certification to the county. Special assessments are recognized as revenue in the year levied in the government-wide fmancial statements and ' proprietary fund fmancial statements. In the governmental fund financial statements, special assessments are recognized as revenue when received in cash or within 60 days after year-end. Governmental fund special assessments receivable which remain unpaid on December 31 are offset by a deferred inflow of resources in the governmental fund financial statements. � J. Prepaids ' Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund fmancial statements. Prepaid items are reported using the consumption method and recarded as expenditures/expenses at the time of consumption. ' K. Inventories ' The inventories for the Municipal Golf and Municipal Liquor Funds use the average cost valuation method. Inventories of the remaining governmental and proprietary funds are valued at cost using the first-in, first-out valuation method. Inventories are recorded as expenditures or expenses when consumed. � L. Capital Assets Capital assets, which include land, land improvements, buildings, other improvements, furniture and ' equipment, and infrastructure assets (roads, bridges, sidewalks, and similar items) are reported in the applicable governmental or business-type activities coluxnns in the government-wide fmancial statements. Such assets are capitalized at historical cost, or estimated historical cost for assets where actual historical ' cost is not available. Donated assets are recorded as capital assets at their estimated fair market value on the date of donation. The City defines capital assets as those with an initial, individual cost of$5,000 or more with an estimated useful life in excess of two years. The cost of normal maintenance and repairs that , do not add to the value of the asset or materially extend asset lives are not capitalized. � -40- , ' NOTE 1-SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Capital assets are recorded in the government-wide and proprietary fund financial statements, but are not ' reported in the governmental fund fmancial statements. Interest incurred during the construction phase of capital assets for business-type activities is included as part of the capitalized value of the assets ' constructed. Capital assets are depreciated using the straight-line method over their estimated useful lives. Land and construction in progress are not depreciated. The estimated useful lives are as follows: , Assets Years Buildings 7�0 ' Improvements Other Than Buildings 5�0 Furniture and Equipment 3-50 ' Infrastructure 25-50 M. Compensated Absences ' Full-time employees employed by the City after January 1, 1995 are eligible for three to six weeks of annual leave depending on their length of service with the City. Annual leave may not accrue in excess of ' 800 hours. Upon termination of employment with the City, employees in"good standing" are reimbursed for all accrued and unused annual leave. Employees employed by the City prior to January 1, 1995 were eligible to elect to continue earning sick leave and vacation in lieu of the annual leave option. Those ' employees who elected not to take the annual leave provisions continue to be eligible to earn 12 days of sick leave and 2 to 4 weeks of vacation per year, depending on their length of service with the City. Sick leave may carry forward indefinitely. Upon termination of employment in "good standing," employees � with more than 10 years of continuous service shall be paid up to one-third of their accrued and unused sick leave. The maximum amount of vacation that may be accumulated is twice the amount earned in any one year. Upon termination of employment, "good standing" employees shall be paid for their accrued and unused vacation leave. Vacation and sick leave benefits are recorded as expenditures in the internal ' service funds when the obligations are expected to be liquidated with expendable financial resources. Vacation and sick benefits are recorded as expenses in proprietary funds when earned. In accordance with accounting principles generally accepted in the United States of America, compensated absences are ' reflected as a liability in the Internal Service Fund for employees that have retired but have yet to receive their entire leave balances. Compensated absences payable in the government-wide Statement of Net Position and the Statement of Net Position—Proprietary Funds include all leave balances accrued but not ' yet used by employees,whether or not the employees have terminated employment with the City. N. Long-Term Liabilities ' In the government-wide and proprietary fund financial statements, long-term debt and other long-term obligations are reported as liabilities. Bond premiums and discounts, if material, are deferred and ' amortized over the life of the bonds using the straight-line method. Bond issuance costs are expensed in the period incurred. In the fund fmancial statements, governmental fund types recognize bond premiums and discounts, as ' well as bond issuance costs, during the current period. The face amount of debt issued is reported as other fmancing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other fmancing uses. Issuance costs, whether or not withheld ' from the actual debt proceeds received, are reported as expenditures. , -41- ' � NOTE 1—SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) ' O. Deferred Inflows of Resources In addition to liabilities, statements of financial position or balance sheets will sometimes report a ' separate section for deferred inflows of resources. This separate fmancial statement element represents an acquisition of net position that applies to future periods and so will not be recognized as an inflow of resources (revenue) until that time. The City has only one type of item, which arises under a modified , accrual basis of accounting, which qualifies for reporting in this category. Accordingly, the item, unavailable revenue, is reported only in the governmental funds Balance Sheet. The governmental funds report unavailable revenue from two sources: property taxes and special assessments not collected within ' 60 days of year-end. These amounts are deferred and recognized as an inflow of resources in the period the amounts become available. ' P. Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: , 1. In August of each year, City staff submits to the City Council, a proposed operating budget for the year commencing the following January l. The operating budget includes proposed ' expenditures and the means of financing them for the upcoming year. 2. Public hearings are conducted to obtain taxpayer comments. ' 3. The budget is legally enacted through passage of a resolution by the City Council. 4. Budgets are adopted on a basis consistent with accounting principles generally accepted in the ' United States of America. 5. Expenditures may not legally exceed budgeted appropriations at the fund level. No fund's budget ' can be increased without City Council approval. The City Council may autharize transfers of budgeted amounts between departments within any fund. Management may amend budgets within a department level, so long as the total department budget is not changed. ' 6. Annual appropriated budgets are adopted during the year for the General Fund, Cable TV Special Revenue Fund, and EDA Operations Special Revenue Fund. Annual appropriated budgets are not , adopted for Debt Service Funds because effective budgetary control is alternatively achieved through bond indenture provisions. Budgetary control for Capital Projects Funds is accomplished through the use of project controls and formal appropriated budgets are not adopted for most ' Capital Projects Funds. In 2013, the City also adopted formal annual appropriated budget for the Road Improvements Capital Projects, Future Capital Projects, and Equipment Certificate Capital Projects Funds. � 7. The Finance Director/Treasurer presents monthly reports to the City Council. 8. Budgeted amounts are as originally adopted or as amended by the City Council. Budgeted ' expenditures appropriates lapse at year-end. Q. Statement of Cash Flows ' For purposes of the Statement of Cash Flows,the City considers all highly liquid debt instruments with an original maturity from the time of purchase by the City of three months or less to be cash equivalents. The , proprietary funds' portion in the government-wide cash and investment management pool is considered to be cash equivalent. -42- , ' NOTE 1—SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) R. Net Position and Flow Assumptions ' In the government-wide and proprietary fund fmancial statements, net position represents the difference ' between assets, deferred outflows of resources (if any), liabilities, and deferred inflows of resources. Net position is displayed in three components: • Net Investment in Capital Assets —Consists of capital assets, net of accumulated depreciation, ' reduced by any outstanding debt attributable to acquire capital assets. • Restricted Net Position —Consists of net position restricted when there are limitations imposed ' on their use through external restrictions imposed by creditors, grantors, or laws or regulations of other governments. • Unrestricted Net Position—All other elements of net position that do not meet the definition of ' "restricted"or"net investment in capital assets." The City applies restricted resources first when an expense is incurred for which both restricted and ' unrestricted resources are available. S. Fund Balance Classifications and Flow Assumptions ' In the fund fmancial statements, governmental funds report fund balance in classifications that disclose ' constraints for which amounts in those funds can be spent. These classifications are as follows: • Nonspendable — Consists of amounts that are not in spendable form, such as prepaid items, ' inventory, and other long-term assets. • Restricted — Consists of amounts related to externally imposed constraints established by creditors, grantors, or contributors; or constraints imposed by state statutory provisions. ' � Committed —Consists of internally imposed constraints that are established by resolution of the City Council. Those committed amounts cannot be used for any other purpose unless the City t Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. • Assigned — Consists of internally imposed constraints. These constraints consist of amounts ' intended to be used by the City for specific purposes but do not meet the criteria to be classified as restricted or committed. In governmental funds, assigned amounts represent intended uses ' established by the governing body itself or by an official to which the governing body delegates the authority. Pursuant to City Council resolution, the City Administrator and/or the Finance Director/Treasurer are authorized to establish assignxnents of fund balance. ' • Unassigned — The residual classification for the General Fund which also reflects negative residual amounts in other funds. ' When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources, then use unrestricted resources as they are needed. When committed, assigned, or unassigned resources are available for use, it is the City's policy to use resources in the following order: ' 1)committed, 2)assigned, and 3)unassigned. ' -43- ' ' NOTE 1—SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) , T. Risk Management ' The City is exposed to various risks of loss related to torts: theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. The City participates in the League of Minnesota Cities Insurance Trust (LMCIT), a public entity risk pool for its general property and casualty, workers' , compensation, and other miscellaneous insurance coverage. LMCIT operates as a common risk management and insurance program for a large number of cities in Minnesota. The City pays an annual premium to LMCIT for insurance coverage. The LMCIT agreement provides that the trust will be self-sustaining through member premiums and will reinsure through commercial companies for claims in ' excess of certain limits. The City also carries commercial insurance for certain other risks of loss. Settled claims resulting from these risks did not exceed insurance coverage in any of the past three fiscal years. There were no significant reductions in insurance coverage in 2013. , The City uses its Insurance Internal Service Fund to account for and finance its self-insured risk of loss for an employee dental plan. The dental plan is funded by the City, employee contributions, and ' investment earnings. The claims liability of$1,543 is included in the liabilities of the Insurance Fund at December 31, 2013 and is based on the requirement that a liability for claims be reported if information prior to issuance of the financial statements indicates that it is probable that a liability has been incurred ' on the date of the fmancial statements and the loss can be reasonably estimated. Changes in the fund's claim liability for the past two years were: ' Claims Beginning and Changes Claim Ending Balance in Estimates Payments Balance � 2012 $ — $ 178,178 $ 178,178 $ — 2013 $ — $ 189,377 $ 187,834 $ 1,543 ' U. Restricted Assets ' Restricted assets are cash, investments, and interest accrued thereon; the use of which is limited by external requirements such as a bond indenture. � V. Use of Estimates The preparation of financial statements, in conformity with accounting principles generally accepted in ' the United States of America, requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the fmancial statements, and the reported amounts of revenue and expenditures/expenses during the ' reporting period. Actual results could differ from those estimates. W. Comparative Data/Reclassifications , Certain amounts presented in the prior year data have been reclassified in order to be consistent with the current year presentation. , ' -44- ' ' NOTE 2—CASH AND INVESTMENTS A. Components of Cash and Investments ' Cash and investments at year-end consist of the following: , Deposits $ 4,362,006 Investments 61,879,3 81 ' Petty cash 16,276 Total $ 66,257,663 Cash and investments are presented in the financial statements as follows: � Statement of Net Position ' Cash and investments $ 57,291,772 Restricted assets Cash and investments for debt service 8,965,891 ' Total $ 66,257,663 B. Deposits ' In accordance with applicable Minnesota Statutes, the City maintains deposits at depository banks ' authorized by the City Council, including checking accounts and certificates of deposit. The following is considered the most significant risk associated with deposits: t Custodial Credit Risk—In the case of deposits, this is the risk that in the event of a bank failure, the City's deposits may be lost. Minnesota Statutes require that all deposits be protected by federal deposit insurance, corporate surety ' bond, or collateral. The market value of collateral pledged must equal 110 percent of the deposits not covered by federal deposit insurance or corporate surety bonds. Authorized collateral includes , treasury bills, notes, and bonds; issues of U.S. government agencies; general obligations rated"A" or better; revenue obligations rated "AA" or better; irrevocable standard letters of credit issued by the Federal Home Loan Bank; and certificates of deposit. Minnesota Statutes require that securities ' pledged as collateral be held in safekeeping in a restricted account at the Federal Reserve Bank or in an account at a trust department of a commercial bank or other fmancial institution that is not owned or controlled by the fmancial institution furnishing the collateral. The City has no additional deposit � policies addressing custodial credit risk. At year-end, the carrying amount of the City's deposits was $4,362,006, while the balance on the ' bank records was $4,339,100. At December 31, 2013, all deposits were fully covered by federal depository insurance, surety bonds, or by collateral held by the City's agent in the City's name. , ' ' -45- ' � NOTE 2—CASH AND INVESTMENTS(CONTINUED) ' C. Investments The City has the following investments at year-end: � Interest Risk— Credit Risk Maturity Durarion in Years ' Less Greater Investment Type Rating Agency Than 1 1 to 5 6 to 10 Than 10 Total U.S.agency securities AA S&P $ 142,814 $ 10,691,828 $ 8,030,069 $ 5,871,728 $ 24,736,439 , State and local bonds AAA S&P = 3,440,586 545,394 = 3,985,980 State and local bonds AAA Moody's 969,681 969,681 State and local bonds AA S&P — 7,358,929 5,167,369 — 12,526,298 State and local bonds AA Moody's 673,605 4,917,845 3,962,210 291,894 9,845,554 ' State and local bonds A S&P = — 730,770 = 730,770 State and local bonds A Moody's 622,091 622,091 Negotiable certificates of deposit N/R N/A 4,899,809 1,719,975 — — 6,619,784 t $ 5,716,228 $ 29,720,935 $ 18,435,812 $ 6,163,622 60,036,597 Inveshnent pools/mutual funds Federated treasury cash series AAA S&P 26,515 ' General money market N/R N/A 4,375 Wells Fazgo Advantage Heritage AAA S&P 1,811,894 Total inveshnents $ 61,879,381 ' N/A—Not Applicable N/R—Not Rated ' Investments are subject to various risks,the following of which are considered the most significant: Custodial Credit Risk — For investments, this is the risk that in the event of a failure of the ' counterparty to an investment transaction (typically a broker-dealer) the City would not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The City's investment policy states the City may not invest in securities that are both uninsured t and not registered in the name of the City and are held by either the counterparty or the counterparty's trust department or agent,but not in the name of the City. Credit Risk—This is the risk that an issuer or other counterparty to an investment will not fulfill its � obligations. Minnesota Statutes limit the City's investments to direct obligations or obligations guaranteed by the United States or its agencies; shares of investment companies registered under the Federal Investment Company Act of 1940 that receive the highest credit rating, are rated in one of the ' two highest rating categories by a statistical rating agency, and all of the investments have a fmal maturity of 13 months or less; general obligations rated"A"or better; revenue obligations rated"AA" or better; general obligations of the Minnesota Housing Finance Agency rated"A"or better; bankers' � acceptances of United States banks eligible for purchase by the Federal Reserve System; commercial paper issued by United States corporations or their Canadian subsidiaries, rated of the highest quality category by at least two nationally recognized rating agencies, and maturing in 270 days or less; � Guaranteed Investment Contracts guaranteed by a United States commercial bank, domestic branch of a foreign bank, or a United States insurance company, and with a credit quality in one of the top two highest categories; repurchase or reverse purchase agreements and securities lending agreements with financial institutions qualified as a "depository" by the government entity, with banks that are ' members of the Federal Reserve System with capitalization exceeding $10,000,000; that are a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New Yark; or certain Minnesota securities broker-dealers. The City's investment policy addresses credit risk by , limiting investments to the safest type of securities and using prequalifying brokers/financial institutions. -46- ' ' NOTE 2—CASH AND INVESTMENTS(CONTINUED) Concentration Risk — This is the risk associated with investing a significant portion of the City's ' investment (considered 5 percent or more) in the securities of a single issuer, excluding U.S. guaranteed investments (such as treasuries), investment pools, and mutual funds. The City's investment policy states no more than 5 percent of the overall portfolio may be invested in the ' securities of a single issuer, except for the securities of the U.S. government or an external investment pool. As of December 31, 2013, the City's investment portfolio includes the Federal National Mortgage Association at 19.0 percent. ' Interest Rate Risk—This is the risk of potential variability in the fair value of fixed rate investments resulting from changes in interest rates (the longer the period for which an interest rate is fixed, the greater the risk). The City's investment policy does include specific limits on investment maturities as ' a means of managing its exposure to fair value arising from increasing interest rates. It also states investments should not be purchased that are considered to be highly sensitive to interest rate changes. NOTE 3—INTERFUND RECEIVABLE P , S, AYABLES,AND TRANSFERS A. Due To and Due From Other Funds ' Interfund receivables and payables at year-end were as follows: Due From Other Funds ' Govemmental Closed Bond Future Capital ' Issues Projects Total Due To Other Funds Governmental ' Improvement Bonds of 2006 $ 667,921 $ — $ 667,921 Improvement Bonds of 2007 984,813 — 984,813 2001/2008B Refunding Improvement Bonds 2,500,601 — 2,500,601 , Road Improvements — 3,367,568 3,367,568 Nonmajor 231,754 1,476,625 1,708,379 Total $ 4,385,089 $ 4,844,193 $ 9,229,282 ' Interfund borrowing is utilized for cash flow borrowing to eliminate temporary cash balance deficits. B. Advance From and Advance To Other Funds ' Borrowing at year-end was as follows: ' Advance To Other Funds Govemmental Enterprise � Future Capital Water and Projects Nonmajor Sewer Total Advance From Other Funds Enterprise ! Municipal Golf Course $ 1,915,150 $ 62,203 $ 242,493 $ 2,219,846 Sports Arena — — 673,343 673,343 ' Total $ 1,915,150 $ 62,203 $ 915,836 $ 2,893,189 Advances are utilized to cover operations and capital improvements. , -47- � � NOTE 3—INTERFUND RECEIVABLES,PAYABLES,AND TRANSFERS (CONTINUED) ' C. Interfund Transfers ' Transfers In Governmental Closed Road Transfers Out General Fund Bond Issues Improvements Nonmajor Total tGovermnental General Fund $ — $ — $ 2,755,000 $ 21,417 $ 2,776,417 Closed Bond Issues — — 455,000 2,534,900 2,989,900 � Futwe Capital Projects — — 125,000 2,426,838 2,551,838 Nonmajor — 1,006,774 297,275 221,515 1,525,564 Enterprise ' Municipal Liquor 525,000 = — = 525,000 Water and Sewer 600,000 '74,450 674,450 Storm Drainage — — 139,439 — 139,439 ' Total $ 1,125,000 $ 1,006,774 $ 3,846,164 $ 5,204,670 $ 11,182,608 ' Transfers are made in accordance with budget appropriations or as approved by the City Council for special funding of city activities. These transfers were made to fund operations, debt payments, capital outlay, or to close funds. � NOTE 4—CAPITAL ASSETS , Capital asset activity for the year ended December 31,2013 was as follows: A. Changes in Capital Assets Used in Governmental Activities , Beginning Completed of Year Additions Delerions Construction End of Year ' Capital assets,not depreciated Land and land improvements $ 2,793,438 $ 199,337 $ — $ 892,940 $ 3,885,715 Construction in progress 516,416 6,859,420 — (5,60�,715) 1,768,121 ' Total capital assets,not depreciated 3,309,854 7,058,757 — (4,714,775) 5,653,836 Capital assets,depreciated Buildings 27,433,672 48,300 (26,832) 16,800 27,471,940 ' Other improvements 24,176,473 379,649 (163,900) 98,700 24,490,922 Furniture and equipment 15,836,000 829,597 (581,553) 16,084,044 Infrastructure 77,892,049 901,011 — 4,599,275 83,392,335 ' Total capital assets,depreciated 145,338,194 2,158,557 (772,285) 4,714,775 151,439,241 Less accumulated depreciation on Buildings 9,503,706 715,254 (16,053) — 10,202,907 ' Other improvements 6,555,831 816,238 (32,877) = 7,339,192 Fumihue and equipment 10,478,227 1,050,202 (581,553) 10,946,876 Infrastructure 28,918,737 2,305,824 31,224,561 Total accumulated depreciation 55,456,501 4,887,518 (630,483) — 59,713,536 ' Net capital assets,depreciated 89,881,693 (2,728,961) (141,802) 4,714,775 91,725,705 Total capital assets,net $ 93,191,547 $ 4,329,796 $ (141,802) $ — $ 97,379,541 ' -48- � � NOTE 4—CAPITAL ASSETS(CONTINUED) B. Changes in Capital Assets Used in Business-Type Activities ' Beginning Completed of Year Additions Deletions Conshuction End of Year ' Capital assets,not depreciated Land and land improvements $ 5,969,490 $ 198,189 $ — $ — $ 6,167,679 , Construction in progress 779,837 8,816,851 — (1,848,805) 7,747,883 Total capital assets,not depreciated 6,749,327 9,015,040 — (1,848,805) 13,915,562 Capital assets,depreciated ' Buildings 18,186,013 21,963 — — 18,207,976 Otherimprovements 128,386,905 1,141,294 — 1,848,805 131,377,004 Furniture and equipment 4,568,098 297,439 (31,048) — 4,834,489 Total capital assets,depreciated 151,141,016 1,460,696 (31,048) 1,848,805 154,419,469 � Less accumulated depreciation on Bnildings 7,208,600 523,529 — — 7,732,129 Otherimprovements 32,603,598 1,755,519 — — 34,359,117 ' Furniture and equipment 3,269,787 257,389 (31,048) — 3,496,128 Total accumulated depreciation 43,081,985 2,536,437 (31,048) — 45,587,374 Net capital assets,depreciated 108,059,031 (1,075,741) — 1,848,805 108,832,095 ' Total capital assets,net $ 114,808,358 $ 7,939,299 $ — $ — $ 122,747,657 C. Depreciation Expense by Function ' Depreciation expense for the year ended December 31,2013 was charged to the following functions: Governmental activities ' General government $ 405,986 Public safety 586,816 ' Public works 2,657,072 Parks and recreation 1,237,644 Total depreciation expense—governmental activities $ 4,887,518 ' Business-type activities ' Municipal liquor $ 134 489 Municipal golf course 159,987 Sports arena 144,720 Water and sewer 1,590,047 ' Storm drainage 488,130 Cemetery 19,064 Total depreciation expense—business-type activities $ 2,536,437 ' , ' , -49- ' , NOTE 5—LONG-TERM DEBT ' A. Components of Long-Term Debt ' Final Balance- Original Issue Interest Rate Maturity End of Year Governmental activities ' General obligation bonds G.O.Park Bonds 2007A $ 6,400,000 3.40-4.40% 12/15/2032 $ 5,920,000 G.O.Park Bonds 2008D $ 6,685,000 2.40-4.20% 12/15/2032 6,310,000 � G.O.State-Aid Road Refunding Bonds 2009A $ 2,775,000 2.00-3.00% 12/O1/2016 1,760,000 G.O.Refunding Improvement Bonds 2010A $ 435,000 1.50-2.00% 12/Ol/2015 225,000 G.O.Park Bonds 2011A $ 1,345,000 2.00�}.10% 12/15/2032 1,265,000 G.O.Equipment Certificate Bonds 2012A $ 1,305,000 2.00% 12/15/2021 1,135,000 ' G.O.Park Refunding Bonds 2012A $ 4,550,000 2.00% 12/15/2017 3,735,000 G.O.Crossover Refunding Bonds 2013A $ 9,000,000 1.75-235% 12/15/2031 9,000,000 Total general obligation bonds 29,350,000 ' General obligation improvement bonds G.O.Improvement Bonds 2007B $ 3,600,000 335�.10°/a 12/15/2023 2,250,000 G.O.Improvement Refunding Bonds 2008B $ 2,415,000 3.25-4.00% 12/01/2015 785,000 ' G.O.Improvement Refunding Bonds 2010A $ 2,135,000 1.50-2.15°/a 12/01/2019 1,575,000 G.O.Improvement Refunding Bonds 2010A $ 1,395,000 1.50-2.00% 12/O1/2015 675,000 G.O.Improvement Bonds 2012A $ 920,000 2.00% 12/15/2022 920,000 Total general obligation improvement bonds 6,205,000 ' Total governmental activities bonds 35,555,000 Unamortized premium 375,351 � Net OPEB obligation 959,650 Compensated absences 2,584,733 Total governmental activities $ 39,474,734 ' Business-type activities General obligation revenue bonds Recreational Revenue Refunding ' Bonds 2004 $ 1,015,000 1.25�.80% 12/Ol/2014 $ 115,000 G.O.Refunding Bonds 2010A $ 355,000 1.50% 12/O1/2014 95,000 G.O.Storm Water Bonds 2011A $ 2,600,000 2.0�3.60% 12/15/2026 2,185,000 ' Total general obligation revenue bonds 2,395,000 Revenue bonds Liquar Store Revenue Bonds 2008C $ 3,295,000 2.60-4.60% 12/O1/2025 2,630,000 � Total business-type activities bonds 5,025,000 Capital lease 190,645 ' Unamortized premium 19,929 Net OPEB obligation 165,734 Compensated absences 439,882 ' Total business-type activities $ 5,841,190 t ' -50- ' ' NOTE 5-LONG-TERM DEBT(CONTINUED) B. Changes in Long-Term Debt ' Balance- Beginning Balance- Due Within ' of Year Additions Deletions End of Year One Year Governmental activities Generalobligationbonds $ 22,165,000 $ 9,000,000 $ 1,815,000 $ 29,350,000 $ 2,145,000 ' General obligation improvement bonds 8,015,000 - 1,810,000 6,205,000 1,270,000 Unamortized premium 330,981 81,545 37,175 375,351 - Net OPEB obligation 813,544 204,638 58,532 959,650 - Compensated absences 2,444,395 1,576,970 1,436,632 2,584,733 1,433,184 ' Total governmental activities 33,768,920 10,863,153 5,157,339 39,474,734 4,848,184 Business-type activities General obligation revenue bonds 2,735,000 - 340,000 2,395,000 355,000 ' Revenue bonds 2,775,000 - 145,000 2,630,000 150,000 Capitallease 44,884 218,015 72,254 190,645 52,987 Unamortized premium 21,462 - 1,533 19,929 - Net OPEB obligarion 140,403 35,341 10,010 165,734 - , Compensated absences 430,601 271,819 262,538 439,882 242,530 Totalbusiness-typeactivities 6,147,350 525,175 831,335 5,841,190 800,517 Total government-wide $ 39,916,270 $ 11,388,328 $ 5,988,674 $ 45,315,924 $ 5,648,701 ' C. Minimum Debt Payments Minimum annual payments required to retire bonds are as follows: ' Governmental Activities General Obligation � Year Ending General Obligation Bonds Improvement Bonds Total December 31, Principal Interest Principal Interest Principal Interest ' 2014 $ 2,145,000 $ 871,658 $ 1,270,000 $ 178,006 $ 3,415,000 $ 1,049,664 2015 2,190,000 822,150 1,300,000 146,700 3,490,000 968,850 2016 2,100,000 767,908 600,000 108,400 2,700,000 876,308 ' 2017 9,895,000 714,733 595,000 92,348 10,490,000 807,081 2018 695,000 325,785 590,000 76,288 1,285,000 402,073 2019-2023 4,055,000 1,279,325 1,850,000 166,188 5,905,000 1,445,513 � 2024-2028 4,780,000 740,255 - - 4,780,000 740,255 2029-2032 3,490,000 183,348 - - 3,490,000 183,348 $ 29,350,000 $ 5,705,162 $ 6,205,000 $ 767,930 $ 35,555,000 $ 6,473,092 ' Business-Type Activities General Obligation ' Year Ending Revenue Bonds Revenue Bonds Capita]Lease Total December 31, Principal Interest Principal Interest Principal Interest Principal Interest 2014 $ 355,000 $ 65,428 $ 150,000 $ 1]1,850 $ 52,98'7 $ 3,103 $ 557,987 $ 180,381 ' 2015 150,000 55,582 155,000 106,450 41,038 1,780 346,038 163,812 2016 155,000 52,582 160,000 100,560 96,620 1,321 411,620 154,463 2017 160,000 49,483 170,000 94,320 - - 330,000 143,803 2018 165,000 46,283 180,000 87,520 - - 345,000 133,803 ' 2019-2023 875,000 169,053 1,OSQ000 317,500 - - 1,925,000 486,553 2024-2026 535,000 34,270 765,000 59,220 - - 1,300,000 93,490 $ 2,395,000 $ 472,681 $ 2,630,000 $ 877,420 $ 190,645 $ 6,204 $ 5,215,645 $ 1,356,305 ' -51- ' � NOTE 5—LONG-TERM DEBT (CONTINUED) ' D. Description of Long-Term Debt ' • General Obligation Bonds and General Obligation Improvement Bonds — The City issues general obligation(G.O.)bonds to provide fmancing for street,utility,park, and cemetery project improvements. The City issues G.O. equipment certificates to provide financing for capital ' equipment. Debt service is covered respectively by special assessments, state aids, general property taxes, and tax increments. G.O. bonds and equipment certificates are direct obligations and pledge the full faith and credit of the City. Bonds generally are issued as 15-year serial bonds with fluctuating debt service payments each year. Equipment certificates are issued as five-year tnotes with fluctuating debt service payments each year. In April 2013, the City issued $9,000,000 of G.O. Crossover Refunding Bonds, Series 2013A. � The proceeds of this issue and interest earned thereon will be used to refund the 2023 through 2032 maturities of the City's G.O. Park Bonds, Series 2007A, totaling $4,150,000, on their December 15, 2017 call date and the 2023 through 2032 maturities of the City's G.O. Park ' Bonds, Series 2008D, totaling $4,225,000, on their December 15, 2017 call date. Until the call date, the City will make all debt service payments on the 2007A and 2008D issues, and all debt service on the 2013A issue will be paid from the refunding escrow account. This "crossover ' refunding"will reduce the City's total future debt service payments by$1,031,660 and result in a present value savings of$1,047,760. ' • General Obligation Revenue Bonds and Revenue Bonds — The City issues revenue bonds to provide fmancing for its enterprise funds. The City issued revenue bonds for the liquor store and G.O. revenue bonds far the arena, water and sewer, and storm drainage activity. Debt service is , covered through the revenue producing activities of these funds. • Capital Lease — The City entered into lease agreements far fmancing the acquisition of equipment for the municipal golf course. These lease agreements mature in November 2016 and , carry interest rates ranging from 0.24�.69 percent. As of December 31, 2013, these assets had a capitalized value of $273,438 with accumulated depreciation of $57,786. Revenues from the Municipal Golf Course Fund financed these leases. ' • Net OPEB Obligation—This liability represents the City's OPEB obligation as further described later in these notes. The General Fund, Municipal Liquor, Municipal Go1f Course, Sports Arena, � Water and Sewer,and Storm Drainage Funds will be used to liquidate this liability. • Compensated Absences —This liability represents vested benefits earned by employees through ' the end of the year, which will be paid or used in future periods. The Risk Management Internal Service Fund, Municipal Liquar, Municipal Golf Course, Sports Arena, and Water and Sewer Funds will be used to liquidate this liability. � � ' ' -52- , � NOTE 5—LONG-TERM DEBT (CONTINUED) E. Revenue Pledged , Revenue Pledged Current Year Percent of Remaining Principal Pledged ' Use of Total Debt Term of Principal and Interest Revenue Bond Issue Proceeds Type Service Pledge and Interest Paid Received Liquor Store Revenue Bonds 2008C Site improvements Liquor sales 100% 2008-2025 $3,507,420 $261,436 $9,380,818 ' G.O.Refunding Bonds 2010A Utility improvements Utility charges ]00% 2010-2014 $ 96,425 $ 92,775 $1,505,136 G.O.Stonn Water Bonds 2011A Utility improvements Utility charges ]00% 201]-2026 $2,650,735 $199,522 $1,505,136 Recreational Revenue Refunding ' Bonds 2004 Site improvements Sports azena revenues 100% 2004-2014 $ 120,521 $]20,151 $ 643,855 F. Arbitrage Rebate � The Tax Reform Act of 1986 requires governmental entities to pay to the federal government income earned on the proceeds from the issuance of debt in excess of interest costs, pending the expenditure of the borrowed funds. This rebate of interest income (known as arbitrage) applies to governmental debt � issued after August 31, 1986. In the opinion of management, any obligation would be immaterial. G. Conduit Debt Obligations ' At times, the City has issued various types of revenue bonds to provide financial assistance to private sector, nonprofit, or governmental entities to finance the acquisition or construction of facilities deemed , to be in the public interest. The bonds are secured by the property fmanced and are payable solely from payments received on the underlying mortgage loans. Upon repayment of the bonds, ownership of the acquired facilities transfers to the private sector entity served by the bond issuance. Neither the City, nor any political subdivision thereof, is obligated in any manner for repayment of the bonds. Accordingly, the ' bonds are not reported as liabilities in the City's fmancial statements. As of December 31, 2013, the following conduit debt issues were outstanding: Independent School District No. 196 ' Public Project Revenue Bond(Independent School District No. 196 Lease Obligations),Series 2006C $ 450,000 ' Augustana Care Health Care Revenue Bonds(Augustana Health ' Care Center Project),Series 2011A 1,355,000 Health Care Revenue Bonds(Augustana Health Care Center Project), Series 2011B 1,570,000 ' Health Care Revenue Bonds(Augustana Health Care Center Project),Series 2012 1,000,000 ' Ecumen Housing and Health Care Revenue Bonds(The � Seasons at Apple Valley Project),Series 2010 5,335,000 Lifeworks services ' Educational Facilities Revenue Note, Series 2011 2,208,076 Total conduit debt obligations $ 11,918,076 ' -53- ' ' NOTE 6—JOINT POWERS COMMITMENT tOn August 25, 2005, the City entered into a joint powers agreement (the Agreement) with the cities of Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, ' South St. Paul, West St. Paul, and Dakota County, Minnesota, to establish the Dakota Communications Center (DCC), a Minnesota nonprofit corporation. The purpose of the DCC is to engage in the operation and maintenance of a county-wide public safety answering point and communications center for law � enforcement, fire, emergency medical services, and other public safety services for the mutual benefit of residents residing in the above mentioned cities and county (members). Pursuant to the Agreement, members are required to provide DCC their pro rata share of the cost of operations, maintenance, and capital projects. tOn May 1,200'7,the DCC issued Public Safety Revenue Bonds, Series 2007, in the amount of$7,315,000 to provide fmancing for the acquisition of equipment and reimbursement for conversion costs. The bonds ' are special obligations of the DCC, payable from revenues to be received from members. Pursuant to the Agreement, members will levy taxes for the payment of their pro rata share of the principal and interest payments due on the bonds. The bonds mature February l, 2014, and bear interest rates ranging from , 4 percent to 5 percent. The debt will be repaid with member assessments over a seven-year amortization. All members reserve the right to prepay, in whole or in part, on any date, its allocated share of principal and interest on the bonds. ' Payments from the City are provided from General Fund appropriations. The City's future member payments to the DCC is $156,000,payable in fiscal year 2014. ' Pursuant to Section 9.5 of the Agreement, member payments are submitted monthly and held in escrow by US Bank National Association (Trustee) until the funds are remitted to the bondholders according to the established bond principal and interest due dates. The interest earnings from the escrow account will , reduce future member obligations on the debt. ' NOTE 7—DEFINED BENEFIT PENSION PLANS—STATE-WIDE A. Plan Description ' All full-time and certain part-time employees of the City are covered by defined benefit plans administered by the Public Employees' Retirement Association(PERA) of Minnesota. PERA administers ' the General Employees' Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost-sharing, multiple-employer retirement plans. These plans are established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. ' GERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. All new members must participate in the Coordinated Plan. All police officers, firefighters, and peace officers who qualify for membership by ' statute are covered by the PEPFF. PERA provides retirement benefits as well as disability benefits to members, and benefits to survivors ' upon death of eligible members. Benefits are established by state statutes, and vest after five years of credited service. The defined retirement benefits are based on a member's highest average salary for any five successive years of allowable service,age, and years of credit at termination of service. ' ' -54- , , NOTE 7–DEFINED BENEFIT PENSION PLANS–STATE-WIDE (CONTINUED) Two methods are used to compute benefits for PERA's Coordinated and Basic Plan members. The ' retiring member receives the higher of a step-rate benefit accrual formula (Method 1) or a level accrual formula(Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.2 percent of ' average salary for each of the first 10 years of service and 2.7 percent for each remaining year. The annuity accrual rate for a Coordinated Plan member is 1.2 percent of average salary for each of the first 10 years of service and 1.7 percent for each remaining year. Under Method 2, the annuity accrual rate is ' 2.7 percent of average salary for Basic Plan members and 1.7 percent for Coordinated Plan members for each year of service. For PEPFF members, the annuity accrual rate is 3.0 percent for each year of service. For all PEPFF members and GERF members hired prior to July 1, 1989 whose annuity is calculated using Method 1, a full annuity is available when age plus years of service equa190. Normal retirement age is 55 ' for PEPFF members and 65 for Basic and Coordinated Plan members hired prior to July 1, 1989. Normal retirement age is the age for unreduced Social Security benefits capped at 66 for Coordinated Plan members hired on or after July l, 1989. A reduced retirement annuity is also available to eligible ' members seeking early retirement. There are different types of annuities available to members upon retirement. A single-life annuity is a ' lifetime annuity that ceases upon the death of the retiree—no survivor annuity is payable. There are also various types of joint and survivor annuity options available which will be payable over joint lives. Members may also leave their contributions in the fund upon termination of public service in order to ' qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service,but before retirement benefits begin. The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to ' active plan participants. Vested, terminated employees who are entitled to benefits, but are not receiving them yet are bound by the provisions in effect at the time they last terminated their public service. PERA issues a publicly available financial report that includes financial statements and required ' supplementary information far GERF and PEPFF. That report may be obtained at mnpera.org; by writing to PERA at 60 Empire Drive, Suite 200, St. Paul, Minnesota 55103-2088; or by calling (651) 296-7460 ' ar(800) 652-9026. B. Funding Policy ' Minnesota Statutes, Chapter 353 sets the rates for employer and employee contributions. These statutes are established and amended by the State Legislature. The City makes annual contributions to the pension ' plans equal to the amount required by state statutes. GERF Basic Plan members and Coordinated Plan members were requ�red to contribute 9.1 percent and 6.25 percent, respectively, of the�r annual covered salary in 2013. PEPFF members were required to contribute 9.6 percent of their annual covered salary in 2013. In 2013, the City was required to contribute the following percentages of annual covered payroll: , 11.78 percent for Basic Plan members, 7.25 percent for Coordinated Plan members, and 14.4 percent for PEPFF members. The City's contributions for the past three years ending December 31,which were equal to the contractually required contributions for each year as set by state statutes,were as follows: ' GERF PEPFF 2011 $ 642,037 $ 611,641 ' 2012 $ 645,052 $ 610,304 2013 $ 680,030 $ 652,792 ' ' -55- , � NOTE 8—DEFINED CONTRIBUTION PENSION PLAN—STATE-WIDE ' The Mayor and three councilmembers of the City are covered by the Public Employees Defined Contribution Plan (PEDCP), a multiple-employer deferred compensation plan administered by PERA. ' The PEDCP is a tax qualified plan under Section 401(a) of the Internal Revenue Code and all contributions by or on behalf of employees are tax deferred until time of withdrawal. ' Plan benefits depend solely on amounts contributed to the plan plus investment earnings, less administrative expenses. Minnesota Statutes, Chapter 353D.03, specifies plan provisions, including the employee and employer contribution rates for those qualified personnel who elect to participate. An eligible elected official who decides to participate contributes 5 percent of salary,which is matched by the ' elected of�cial's employer. For salaried employees, employer contributions must be a fixed percentage of salary. Employer and employee contributions are combined and used to purchase shares in one or more of the seven accounts of the Minnesota Supplemental Investment Fund. For administering the plan, PERA � receives 2 percent of employer contributions and twenty-five hundredths of 1 percent of the assets in each member's account annually. Total contributions made by the City during the year were: ' Contribution Amount Percentage of Covered Payroll Required Employee Employer Employee Employer Rates $ 1,765 $ 1,765 5.00% 5.00% 5.00% , NOTE 9—DEFINED BENEFIT PENSION PLAN—FIRE RELIEF ASSOCIATION ' A. Plan Description ' Paid on call firefighters of the City are members of the Apple Valley Firefighters' Relief Association(the Association). The Association is the administrator of a single-employer defined benefit pension plan available to firefighters. It is governed by a board of six members elected by the members of the ' Association for three-year terms. The City's Mayor, City Clerk, and Fire Department Chief are statutory voting members of the Board of Trustees. The plan is funded by contributions from the City and 2 percent fire aid from the state of Minnesota. The Association issues a publicly available financial report that ' includes financial statements and required supplementary information. A copy of the report may be obtained by writing to the Apple Valley Firefighters' Relief Association, '7100 147th Street West, Apple Valley,Minnesota 55124. ' For fmancial reporting purposes, the Association's financial statements are not included in the City's fmancial statements because the Association is not a component unit of the City. ' B. Pension Benefits Each member who is at least 50 years of age, has separated from service from the fire department, has ' served at least 5 years of active service for members commencing active duty prior to January 1,2010 and 10 years of active service for members commencing active duty after January 1, 2010 with such department before separation and has been a member of the Association in good standing at least 5 years ' prior to such separation shall be entitled to a lump sum service pension in the amount of$6,400 for each year of service(including each year over 20)or a monthly service pension of$43 for each year of service (including each year over 20)but not exceeding the maximum amount per year of service allowed by law , for the minimum average amount of available financing per firefighter as prescribed by law. ' -56- , ' NOTE 9—DEFINED BENEFIT PENSION PLAN—FIRE RELIEF ASSOCIATION (CONTINUED) ' According to the bylaws of the Association and pursuant to Minnesota Statute, members who separate from service with less than 20 years of service and have reached the age of at least 50 years and have ' completed at least 5 years of active membership for members commencing active duty prior to January 1, 2010 and 10 years of active membership for members commencing active duty after January 1, 2010 are entitled to a reduced service pension not to exceed the amount calculated by multiplying the member's service pension for the completed years of service times the applicable no forfeitable percentage of ' pension for the completed years of service time the applicable no forfeitable percentage of pension. C. Funding Policy ' The Association's funding policy provides for periodic city contributions at actuarially deterxnined rates that are sufficient to accumulate sufficient assets to pay benefits when due. City contributions are ' determined using normal actuarial funding method and the Association also uses this method to amortize the unfunded liability. The state of Minnesota contributes amortization aid, or a 2 percent fire aid, in accordance with state ' statute requirements. The State Legislature may amend contribution requirements of the City and state. Contributions totaling $303,591 were made by the City and $259,396 by the state of Minnesota for the ' year ended December 31,2013. The City's annual pension cost and related information for the plan is as follows: , Annual pension cost $ 562,987 Contributions made ' State aid $ 259,396 City $ 303,591 ' Actuarial valuation date 1/1/2014 Actuarial cost method Entry age normal cost ' Actuarial funding method Projected benefit cost Actuarial assumptions ' Investment rate of return 5% Projected salary increases Not applicable Inflation rate Not applicable ' Cost of living adjustments Not applicable ' � ' ' -57- ' ' NOTE 9—DEFINED BENEFIT PENSION PLAN—FIRE RELIEF ASSOCIATION ' (CONTINUED) D. Three-Year Trend Information ' Fiscal Year Annual Pension Percentage of Net Pension Ended December 31, Cost(APC) APC Contributed Obligation ' 2011 $ 480,250 100% $ — 2012 $ 464,010 100% $ — 2013 $ 562,987 100% $ — ' E. Schedule of Funding Progress ' Following is the Schedule of Funding Progress of the most recent calculation available: Assets in Excess ' Actuarial Actuarial of(Unfunded) Valuation Actuarial Value Accrued Accrued Date of Assets Liability Liabiliry Funded Rate ' O1/O1/2014 $ 5,953,101 $ 6,607,794 $ (654,693) 90.1% The Schedule of Funding Progress immediately following the notes to basic fmancial statements presents ' multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. � NOTE 10—OTHER POST-EMPLOYMENT BENEFITS(OPEB) PLAN , A. Plan Description The City provides a single-employer defined benefit healthcare plan to eligible retirees and their spouses. ' The plan officer medical coverage.Medical coverage is administered by HealthPartners. B. Funding Policy ' Retirees and their spouses contribute to the healthcare plan at the same rate as city employees. This results in the retirees receiving an implicit rate subsidy. Contribution requirements are established by the City, based on the contract terms with HealthPartners. The required contributions are based on projected ' pay-as-you-go fmancing requirements. C. Annual OPEB Cost and Net OPEB Obligation ' The City's annual OPEB cost(expense) is calculated based on annual required contributions(ARC)of the City, an amount determined on an actuarially determined basis in accordance with the parameters of ' GASB Statement No. 45. The ARC represents a level funding that, if paid on an ongoing basis, is projected to cover normal costs each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed 30 years. The annual OPEB cost is accrued in the accrual based statements. The liability is funded through payments from the City's General Fund and enterprise funds. ' . ' -58- ' ' NOTE 10—OTHER POST-EMPLOYMENT BENEFITS(OPEB)PLAN (CONTINUED) The following table shows the components of the City's annual OPEB cost for the year, the amount ' actually contributed to the plan, and the changes in the City's net OPEB obligation to the plan: ARC $ 233,867 ' Interest on net OPEB obligation 42,928 Adjustment to ARC (36,816) ' Annual OPEB cost(expense) 239,979 Contributions made 68,542 Increase in net OPEB obligation 171,437 ' Net OPEB obligation—beginning of year 953,947 Net OPEB obligation—end of year $ 1,125,384 ' The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for the current and preceding year are as follows: ' Percentage of Fiscal Year Ended Annual Employer Annual OPEB Net OPEB ' December 31, OPEB Cost Contribution Cost Contributed Obligation 2011 $ 254,156 $ 86,097 34% $ 771,169 2012 $ 231,418 $ 48,640 21% $ 953,947 ' 2013 $ 239,979 $ 68,542 29% $ 1,125,384 D. Funded Status and Funding Progress � As of January 1, 2012, the most recent actuarial valuation date, the actuarial accrued liability for benefits and unfunded actuarial accrued liability (UAAL) were both $2,131,117, as the plan was unfunded. The ' covered payroll (annual payroll of active employees covered by the plan) was $11,616,482 and the ratio of the UAAL to the covered payroll was 18.3 percent. Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and � assumptions about the probability occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the ' funded status of the plan and ARC of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The Schedule of Funding Progress immediately following the notes to basic fmancial statements presents multi-year trend ' information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. E. Actuarial Methods and Assumptions ' Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time ' of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of ' assets, consistent with the long-term perspective of the calculations. ' -59- ' ' NOTE 10—OTHER POST-EMPLOYMENT BENEFITS (OPEB)PLAN(CONTINUED) ' In the January 1, 2012 actuarial valuation, the projected unit credit actuarial cost method was used. The actuarial assumptions included: a 4.5 percent investment rate of return (net of administrative expenses) t based on the City's own investments; an annual payroll growth rate of 3.75 percent; an annual healthcare cost trend rate of 9.0 percent initially, reduced by decrements to an ultimate rate of 5.0 percent after 12 years; and a general inflation rate of 3.0 percent. The UAAL is amortized on a level dollar basis over an open 30-year period. ' NOTE 11 —STEWARDSHIP AND ACCOUNTABILITY ' A. Deficit Fund Balances � The following funds have a deficit fund balance at December 31,2013: Amount ' Governmental Improvement Bonds of 2006 $ 667,921 Improvement Bonds of 2007 984,813 ' 2001/2008B Refunding Improvement Bonds 2,500,601 Road Improvements 3,507,744 Nonmajor funds , 1998/2008 Improvement Bonds 231,753 Park Dedication 246,392 Dakota County Construction Projects 130,040 ' 1999 Improvement Construction 48,807 2000 Improvement Construction 18,621 2008 Construction Projects 77,548 ' Engineer Developer Review Nonreimbursable 39,051 Construction Projects 152,682 2003 Improvement Construction 955,151 ' The deficits listed above will be eliminated by transfers from other funds, collection of special assessments, future special assessment bond issues,future tax levies, and state grant reimbursements. ' B. Expenditures Exceeding Appropriations ' Expenditures Appropriations Cable TV Special Revenue Fund $ 202,722 $ 190,209 ' EDA Operations Special Revenue Fund 17,640 17,500 Equipment Certificate Capital Projects Fund 603,066 447,000 ' � ' -60- , ' NOTE 12-FUND BALANCES A. Classifications ' At December 31,2013,the City had the following governmental fund balances: Debt Service Capital Pcojects ' 2001/2008 � Closed Improvement Improvement Refunding Future Nonmajor ' General Bond Bonds Bonds Improvement Road Capital Govemmental Fund Issues of 2006 of 2007 Bonds Improvements Projects Funds Total Nonspendable Inventory $ 41,721 $ - $ - $ - $ - $ - $ - $ - $ 41,721 � Prepaid items 49,024 - - - - - - - 49,024 Totalnonspendable 9Q745 - - - - - - - 90,745 Resh'icted for Debt service - - - - - - - 11,277,636 11,277,636 � Economicdevelopment - - - - - - - 1,019,171 1,019,171 Tax increment financing - - - - - - - 5,675,956 5,675,956 Policeforfeiture - - - - - - - 108,869 ]08,869 Capital acquisition 911 system - - - - - - - 229,618 229,618 ' Cable capital equipment - - - - - - - 341,226 341,226 Pazkimprwements - - - - - - - 437,106 437,106 Elechic projects - - - - - - - 1,596,109 1,596,109 Cable TV - - - - - - - 121,712 121,712 O[her purposes ' Energygrant - - - - - - - 1Q438 1Q438 Solid waste g�ant - - - - - - - 61,867 61,867 Lodgingtax - - - - - - - 86,439 86,439 Totalresh-icted - - - - - - - 20,966,147 20,966,147 Committed to ' Technologyimprovements 19,000 - - - - - - - 19,000 HRconsultant ]0,000 - - - - - - - 10,000 IT softwaze licensing 24,000 - - - - - - - 24,000 A/P automation project 4Q000 - - - - - - - 40,000 ' Fire equipment 61,100 - - - - - - - 61,100 Totalcommitted 154,100 - - - - - - - 154,100 Assigned to Pazk shelter donation 50,000 - - - - - - - SQ000 Code enforcement-technology ' improvements 44,702 - - - - - - - 44,702 Fire station no.1 exterior and bay painting 56,800 - - - - - - - 56,800 Debt service - 7,161,368 - - - - - 2,452,644 9,614,012 � Other capital projects - - - - - - 13,151,914 395,724 13,547,638 Equipment - - - - - - - 688,793 688,793 Police special projects - - - - - - - 187,150 187,150 Treepreservation - - - - - - - 352,103 352,103 Ponds - - - - - - - 232,309 232,309 � Pathways and sidewalks - - - - - - - 204,929 204,929 Dodd Road - - - - - - - 225,726 225,726 Dakota Technical building - - - - - - - 631,247 631,247 Capital building - - - - - - - 331,684 331,684 Park improvement development - - - - - - - 1,595 1,595 ' Physical improvement - - - - - - - 166,822 166,822 Fire capital purchases - - - - - - - 31,079 31,079 Totalassigned 151,502 7,161,368 - - - - 13,151,914 5,901,805 26,366,589 Unassi�ed 13,83Q037 - (667,921) (984,813) (2,500,601) (3,507,744) - (1,900,045) 4,268,913 ' Total $14,226,384 $ 7,161,368 $ (667,921) $ (984,813) $(2,SOQ601) $(3,507,744) $13,151,914 $24,967,907 $51,846,494 B. Minimum Fund Balance Policy The City Council has formally adopted a fund balance policy. The policy establishes the City will strive ' to maintain a minimum unassigned General Fund balance of 50 percent of the subsequent years budgeted amount for property taxes for working capital in addition to an amount equal to 6 months of operating ' expenditures. At December 31, 2013, the unassigned fund balance of the General Fund was 48.7 percent of the subsequent year's amended budgeted expenditures. ' -61- ' ' NOTE 13—JOINT POWERS AGREEMENT WITH DAKOTA COUNTY ' In July 1987, the City and Dakota County (the County) entered into an agreement whereby the City and County jointly acquired certain real estate for the purpose of building a library facility to serve the City and surrounding communities. The City's portion of the cost of the property was$348,414. As part of this , agreement, the City transferred its interest in the property to the County but maintains a lien for 30 years. If during this time the County terminates its library use,the County will pay the City the unamortized cost of the property. ' NOTE 14—COMMITMENTS AND CONTINGENCIES � A. Legal Claims The City has the usual and customary type of miscellaneous legal claims pending at year-end. Although ' the outcome of these lawsuits is not presently determinable, the City's management believes that the City will not incur any material monetary loss resulting from these claims. No loss has been recorded on the City's fmancial statements relating to these claims. � B. Federal and State Funding Amounts recorded or receivable from federal and state agencies are subject to agency audit and ' adjustment. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of claims which may be disallowed by the grantor agencies cannot be determined at this time, although the City expects such amounts, if any,to be immaterial. ' C. Tax Increment Districts The City's tax increment districts are subject to review by the state of Minnesota Office of the State ' Auditor. Any disallowed claims or misuse of tax increments could become a liability of the applicable fund. Management has indicated that they are not aware of any instances of noncompliance which would have a material effect on the financial statements. ' D. Construction Commitments At December 31, 2013, the City is committed to various construction contracts for the improvement of ' city property. The City's remaining commitment under these contracts is approximately$7.8 million. E. Operating Lease ' On January 28, 2010, the City entered into an agreement to extend the existing liquor store building lease at Apple Valley Shopping Center with Time Square Shopping Center II,LLP for three years commencing ' February 1, 2010 and ending January 31, 2013 at a base rent of$10,000 per month. On December 13, 2012 the City entered into an agreement to extend the lease for an additional term of three years commencing February 1, 2013, and ending January 31, 2016 at a base rent of$10,500 per � month. Lease expenditures for the year ending December 31, 2013 were $125,500. The following is a schedule by years of future minimum payments required under the leases as of December 31,2013. , Year Ending December 31, Amount 2014 $ 126,000 , 2015 126,000 2016 10,500 ' Total $ 262,500 -62- ' ' NOTE 15—SUBSEQUENT EVENTS On April 24, 2014, the City Council approved the issuance and sale of$9,510,000 General Obligation ' Bonds, Series 2014A with interest rates ranging from 2.0 to 3.0 percent with a final maturity date of December 15, 2033. ' NOTE 16—FUTURE CHANGE IN ACCOUNTING STANDARDS ' GASB Statement No. 68 replaces the requirements of GASB Statement No. 27,Accounting for Pensions by State and Local Governmental Employers, and GASB Statement No. 50,Pension Disclosures, as they relate to employer governments that provide pensions through pension plans administered as trusts or � similar arrangements that meet certain criteria. GASB Statement No. 68 requires governments providing defined benefit pensions to recognize their long-term obligation for pension benefits as a liability for the first time, and to more comprehensively and comparably measure the annual costs of pension benefits. ' This statement will be effective for fiscal years beginning after June 15, 2014. The City has not yet determined the fmancial statement impact of adopting this new standard. � ' , , ' ' , ' � ' ' , -63- ' ' � ' ' ' ' ' ' ' ' RE�RED SUPPLEMENTARY INFORMATION ' t ' ' ' , ' t ' CITY OF APPLE VALLEY ' Required Supplementary Information ' Schedule of Funding Progress Other Post-Employment Benefits Plan ' Unfunded Unfunded ' Actuarial Actuarial Liability as a Actuarial Accrued Actuarial Value Accrued Funded Covered Percentage of Valuation Date Liability of Plan Assets Liability Ratio Payroll Payroll ' January 1,2012 $ 2,131,117 $ $ 2,131,117 % $ 11,616,482 18.3% January 1,2010 $ 2,236,253 $ — $ 2,236,253 — % $ 11,655,388 19.2% January 1,2008 $ 2,859,748 $ — $ 2,859,748 — % $ 10,909,139 26.2% '' Schedule of Funding Progress ' Apple Valley Firefighters' Relief Association ' Unfunded/ Actuarial Assets , Actuarial Value of Accrued in Excess of Funded Valuation Date Assets Liability(AAL) AAL(UAAL) Ratio December 31,2013 $ 5,953,101 $ 6,607,794 $ (654,693) 90.1 % , December 31,2012 $ 4,805,913 $ 6,452,254 $ (1,646,341) 74.0 % December 31,2011 $ 4,400,881 $ 6,317,096 $ (1,916,215) 70.0 % ' ' ' ' ' ' ' ' -64- ' z 0 � H ¢ � 0 � � � � z w � w � a � � � � � � � � � � � A � � � � � _ � � � ' � � ' ' ' ' ' � THIS PAGE INTENTIONALLY LEFT BLANK � ' ' ' ' � ' ' , ' � ' ' ' � � ' 1 ' ' COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES ' t ' , ' ' ' ' ' CITY OF APPLE VALLEY ' Nonmajor Governmental Funds ' Combining Balance Sheet as of December 31,2013 ' Special Debt Capital Revenue Service Projects Total ' Assets Cash and investments $ 1,291,733 $ 9,088,137 $ 7,983,822 $ 18,363,692 Restricted cash with fiscal agent - 8,662,068 - 8,662,068 ' Receivables Accounts 22,009 - 124,961 146,970 Taxes-delinquent 7,959 7,959 , Special assessments Current - 261,611 27,127 288,738 Delinquent - 69,295 - 69,295 Deferred - 1,200,127 352,650 1,552,777 ' Interest - 11,840 - 11,840 Due from other governmental units 4,177 4,177 Advances to other funds - - 62,203 62,203 ' Total assets $ 1,313,742 $ 19,293,078 $ 8,562,899 $ 29,169,719 Liabilities ' Accrued salaries payable $ 8,098 $ - $ - $ 8,098 Accounts payable 6,463 1,234 264,861 272,558 Contracts payable 293,810 293,810 ' Due to other governmental units - - 198 198 Due to other funds - 231,753 1,476,626 1,708,379 Totalliabilities 14,561 232,987 2,035,495 2,283,043 ' Deferred inflows of resources Unavailable revenue-property t�es - - 7,959 7,959 ' Unavailable revenue-special assessments - 1,531,033 379,777 1,910,810 Total deferred inflows of resources - 1,531,033 387,736 1,918,769 Fund balances(deficits) ' Restricted 1,299,181 15,308,167 4,358,799 20,966,147 Assigned - 2,452,644 3,449,161 5,901,805 Unassigned - (231,753) (1,668,292) (1,900,045) ' Total fund balances 1,299,181 17,529,058 6,139,668 24,967,907 Total liabilities,deferred inflows of resources,and fund balances $ 1,313,742 $ 19,293,078 $ 8,562,899 $ 29,169,719 ' ' ' ' -65- ' ' CITY OF APPLE VALLEY ' Nonxnajor Governmental Funds Combining Statement of Revenues,Expenditures,and Changes in Fund Balances Year Ended December 31,2013 ' Special Debt Capital ' Revenue Service Projects Total Revenues � T�es $ - $ 1,158,000 $ 544,283 $ 1,702,283 Other ta�ces 73,504 73,504 Franchise fees 84,120 - 689,190 773,310 Special assessments - 536,577 78,110 614,687 ' Intergovernmental - 624,000 2,500 626,500 Investment earnings(net of market value adjustment) (24,313) (332,242) (136,828) (493,383) ' Other 79,426 - 466,915 546,341 Total revenues 212,737 1,986,335 1,644,170 3,843,242 ' Expenditures Current General government 17,640 56,140 975 74,755 Public safety 24,780 - 68,521 93,301 ' Public works 607 = 6,001 6,608 Parks and recreation 274,374 15,983 290,357 Capital outlay 19,744 58,786 3,290,267 3,368,797 , Debt service - - Principal 2,645,000 2,645,000 Interest and fiscal charges - 1,093,509 - 1,093,509 Total expenditures 337,145 3,853,435 3,381,747 7,572,327 ' Excess(deficiency)of revenues over expenditures (124,408) (1,867,100) (1,737,577) (3,729,085) � Other fmancing sources(uses) Sale of capital assets 41,690 - 130,476 172,166 Refunding bonds issued - 9,000,000 - 9,000,000 , ' Premium on refunding bonds issued - 81,545 - 81,545 Transfers in 21,417 3,716,415 1,466,838 5,204,670 Transfers(out) - (1,525,564) - (1,525,564) � Total other financing sources(uses) 63,107 11,272,396 1,597,314 12,932,817 Net change in fund balances (61,301) 9,405,296 (140,263) 9,203,732 tFund balances Beginningofyear 1,360,482 8,123,762 6,279,931 15,764,175 � End of year $ 1,299,181 $ 17,529,058 $ 6,139,668 $24,967,907 , ' -66- ' � ' , ' ' ' ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' , , ' � ' � ' ' ' ' � ' � , , ' , INONMAJOR SPECIAL REVENUE FUNDS ' Nonmajor special revenue funds are used to account far and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. ' ' ' ' ' , ' 1 -67- ' CITY OF APPLE VALLEY ' Nonmajor Special Revenue Funds ' Combining Balance Sheet as of December 31,2013 ' Solid Waste Police Cable TV Grant Forfeiture � �2oio� �2040� �2060� Assets � Cash and investments $ 114,488 $ 61,867 $ 108,918 Receivables Accounts 16,515 — — � Total assets $ 131,003 $ 61,867 $ 108,918 Liabilities ' Accrued salaries payable $ 8,098 $ — $ — Accounts payable 1,193 — 49 Totalliabilities 9,291 — 49 ' Fund balances Restricted 121,712 61,867 108,869 , Total liabilities and fund balances $ 131,003 $ 61,867 $ 108,918 ' ' ' ' ' ' ' ' ' -68- ' ' ' ' ' EDA Lodging Operations Tax (3210) (7000) Totals , $ 920,294 $ 86,166 $ 1,291,733 ' — 5,494 22,009 $ 920,294 $ 91,660 $ 1,313,742 t $ — $ — $ 8 098 , — 5,221 6,463 ' — 5,221 14,561 ' 920,294 86,439 1,299,181 $ 920,294 $ 91,660 $ 1,313,742 • ' , t � ' ' ' ' , -69- , CITY OF APPLE VALLEY I Nonmajor Special Revenue Funds ' Combining Statement of Revenue,Expenditures,and Changes in Fund Balances Year Ended December 31,2013 ' Solid Waste Police Cable TV Grant Forfeiture ' �2oio� �2oao� �2060� Revenue ' Other taaces $ — $ — $ — Franchise fees 84,120 — — Investment earnings(net of market t value adjustment) (2,230) (1,082) (2,106) Other revenue Miscellaneous 71,896 6,127 1,403 ' Total revenue 153,786 5,045 (703) Expenditures Current ' General government — — — Public safety — — 24,780 Public works — 607 — ' Parks and recreation 202,722 — — Capital outlay — — 19,744 Total expenditures 202,722 607 44,524 ' Excess(deficiency)of revenue over expenditures (48,936) 4,438 (45,227) Other financing sources ' Sale of capital assets — — 41,690 Transfers in 21,417 — — ' Total other financing sources 21,417 — 41,690 Net change in fund balances (27,519) 4,438 (3,537) Fund balances ' Beginning of year 149,231 57,429 112,406 End of year $ 121,712 $ 61,867 $ 108,869 ' ' ' ' ' -70- ' , ' ' EDA Lodging t Operations T� �32io� ��000) To�is ' $ — $ 73,504 $ 73,504 — — 84,120 ' (17,328) (1,567) (24,313) , — 79,426 (17,328) 71,937 212,737 ' 17,640 — 17,640 — — 24,780 t = — 607 71,652 274,374 — — 19,744 ' 17,640 71,652 337,145 t (34,968) 285 (124,408) — — 41,690 � � � 21,417 63,107 ' (34,968) 285 (61,301) � ' 955,262 86,154 1,360,482 $ 920,294 $ 86,439 $ 1,299,181 ' � ' ' -71- , ' ' ' ' ' ' ' ' , THIS PAGE INTENTIONALLY LEFT BLANK ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' , � � ' NONMAJOR DEBT SERVICE FUNDS ' Nonmajor debt service funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditures for principal, interest, and related costs on long-term debt of governmental funds. The individual nonmajor debt service funds presented are to distinguish between the ' various bond issues. ' ' ' ' 1 , � -72- , CITY OF APPLE VALLEY ' Nonmajor Debt Service Funds Combining Balance Sheet , as of December 31,2013 ' Refunding Improvement 1997 Cemetery G.O.Closed Bonds of Bonds Pazk Bonds Bonds of 2004 Bond Issues 2003 of 2003 ' (3060) (3065) (3075) (3155) (3165) Assets Cash andinveshnents $ — $ — $ 2,452,644 $ — $ — ' Restricted cash with fiscal agent — — — — — Receivables Special assessments Current — — — — — ' Delinquent — — — — — Deferred — — — — — Interest — — — — — Total assets $ — $ — $ 2,452,644 $ — $ — � LiabiliUes Accounts payable $ — $ — $ — $ — $ — , Interest payable — — — — — Due to other funds — — — — — Total liabilities — — — — — Deferred inflows of resources , Unavailable revenue—special assessments — — — — — FLmd balances(deficit) Restricted — — — — — ' Assigned — — 2,452,644 — — Unassigned — — — — — Total fund balances(deficit) — 2,452,644 — — ' Total liabilities,deferred inflows of resources,and fund balances $ — $ — $ 2,452,644 $ — $ — ' ' , ' ' ' ' -73- ' , ' ' G.O. 2003/2009A G.O. Improvement State Aid 1998/2008 Refunding , Refunding Improvement Equipment Bonds Street Bonds Improvement Bonds Improvement Bonds Certificates ' of 2004 of 2004 Bonds of 2002 Bonds of 2010 of 2006 (3185) (3190) (3195) (3300) (3305) (3320) (3335) ' $ _ $ _ $ _ $ _ $ 692,634 $ 1,150,995 $ 54,470 ' _ = 123,394 = = 30,217 = 69,295 — — 77,046 — — 151,081 — ' $ — $ — $ 200,440 $ — $ 692,634 $ 1,401,588 $ 54,470 ' $ — $ _ $ $ _ $ _ $ _ $ _ 231,753 — — 231,753 — — — — , — — 200,440 — — 250,593 — ' _ _ _ = 692,634 1,150,995 54,470 — — (231,753) — — — — ' — — (231,753) — 692,634 1,150,995 54,470 $ — $ — $ 200,440 $ — $ 692,634 $ 1,401,588 $ 54,470 ' ' � ' � � ' (continued) -74- ' CITY OF APPLE VALLEY � Nonmajor Debt Service Funds Combining Balance Sheet(continued) ' as of December 31,2013 Tax Taxable Taxable Tax Tax ' Increment Tax Increment Increment Economic Downtown Increment Refixnding Bonds Fischer Development Redevelopment Bonds of 2003 of 1985-1992A Mazketplace ' (3215) (3260) (3270) (3220) (3275) Assets Cash and investments $ 98,877 $ 202,409 $ 1,044,245 $ 2,300,771 $ 385,463 ' Restricted cash with fiscal agent - - - - - Receivables Special assessments Current - - - - - ' Delinquent - - - - - Deferred - - - - - Interest - - - - - Total assets $ 98,877 $ 202,409 $ 1,044,245 $ 2,300,771 $ 385,463 ' Liabilities Accounts payable $ - $ 755 $ - $ - $ 479 ' Due to other funds - - - - - Totalliabilities - 755 - - 479 Deferred inflows of resources , Unavailable revenue-special assessments - - - - - Fund balances(deficit) Resh-icted 98,877 201,654 1,044,245 2,300,771 384,984 ' Assigned - - - - - Unassigned - - - - - Total fixnd balances(deficit) 98,877 201,654 1,044,245 2,300,771 384,984 Total liabilities,deferred inflows of ' resources,and fund balances $ 98,877 $ 202,409 $ 1,044,245 $ 2,300,771 $ 385,463 ' ' ' ' ' ' , -�$- , � ' , G.O. G.O. G.O. G.O. G.O.Park G.O.Park Equipment Refunding Improvement Refunding Park Bonds Bonds Bonds Certificates Bonds Bonds Bonds ' of 2007 of 2008 of 2011 of 2012 of 2012 of 2012 of 2013 (3345) (3355) (3360) (3370) (3375) (3380) (3385) Total , $ 102,962 $ 265,827 $ 32,613 $ 5,591 $ 255,817 $ 26,274 $ 16,545 $ 9,088,137 8,662,068 8,662,068 , _ _ _ _ = 108,000 = 261,611 69,295 972,000 1,200,127 - - - - - - 11,840 11,840 , $ 102,962 $ 265,827 $ 32,613 $ 5,591 $ 255,817 $ 1,106,274 $ 8,690,453 $ 19,293,078 ' $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ 1,234 231,753 232,987 ' - - - - - 1,080,000 - 1,531,033 102,962 265,827 32,613 5,591 255,817 26,274 8,690,453 15,308,167 ' - - - - - - - 2,452,644 (231,753) 102,962 265,827 32,613 5,591 255,817 26,274 8,690,453 17,529,058 ' $ 102,962 $ 265,827 $ 32,613 $ 5,591 $ 255,817 $ 1,106,274 $ 8,690,453 $ 19,293,078 ' ' ' ' ' ' ' -76- ' CITY OF APPLE VALLEY � Nonmajor Debt Service Funds Combining Statement of Revenues,Expenditures,and Changes in Fund Balances ' Year Ended December 31,2013 Refunding Improvement ' 1997 Cemetery G.O.Closed Bonds of Bonds Park Bonds Bonds of 2004 Bond Issues 2003 of 2003 , (3060) (3065) (3075) (3155) (3165) Revenues Taxes $ — $ — $ — $ — $ — ' Special assessments — — — 18,572 — Intergovernmental — — — — — Investment earnings(net of market value adjushnent) (2,995) (818) (45,790) (18,496) — Totalrevenues (2,995) (818) (45,790) 76 — ' Expenditures Current ' General government — — — — — Capital outlay — — — — — Debt service Principal — — — — — ' Interest and fiscal charges — — — — — Total expenditures — — — — — Excess(deficiency)of revenue over expenditures (2,995) (818) (45,790) 76 — � Other fmancing sources(uses) Refunding bonds issued — — — — — Premium on refunding bonds issued — — — — — ' Transfers in — — — — 130,781 Transfers(out) (173,897) (47,618) — (1,006,774) — Total other financing sources(uses) (173,897) (47,618) — (1,006,774) 130,781 Net change in fund balances (176,892) (48,436) (45,790) (1,006,698) 130,781 ' Fund balances(deficit) Beginningofyear 176,892 48,436 2,498,434 1,006,698 (130,781) ' End of yeaz $ — $ — $ 2,452,644 $ — $ — ' ' ' ' ' ' -�7- . ' ' ' , G.O. 2003/2009A G.O. Improvement State Aid 1998/2008 Refunding Refunding Improvement Equipment Bonds Street Bonds Improvement Bonds Improvement Bonds Certificates ' of 2004 of 2004 Bonds of 2002 Bonds of 2010 of 2006 (3185) (3190) (3195) (3300) (3305) (3320) (3335) , $ - $ _ $ - $ _ $ _ $ - $ 117>000 5,135 195,281 317,589 - - - - 624,000 - - � - �s,sso� �i,9�o> - �i2,93a� �22,ios> �z,o3�> 5,135 (5,550) 193,311 611,066 295,484 114,963 ' - - - - - - - ' _ = 550,000 = 560,000 280,000 105,000 25,025 64,425 34,'700 5,525 575,025 624,425 314,700 110,525 � 5,135 (5,550) (381,714) - (13,359) (19,216) 4,438 ' 2,353,186 - - 50,932 - - - - (297,275) - - - - - 2,353,186 (297,275) - 50,932 - - - � 2,358,321 (302,825) (381,714) 50,932 (13,359) (19,216) 4,438 ' (2,358,321) 302,825 149,961 (50,932) 705,993 1,170,211 50,032 $ - $ - $ (231,753) $ - $ 692,634 $ 1,150,995 $ 54,470 ' 1 , ' t , (continued) -78- ' CITY OF APPLE VALLEY ' Nonmajor Debt Service Funds Combining Statement of Revenues,Expenditures,and Changes in Fund Balances(continued) ' Year Ended December 31,2013 Ta�c Taxable Taxable Tax Tax ' Increment Tax Increment Increment Economic Downtown Increment Refunding Bonds Fischer Development Redevelopment Bonds of 2003 of 1985-1992A Mazketplace ' (3215) (3260) (3270) (3220) (3275) Revenues Taxes $ — $ — $ — $ — $ — ' Special assessments — — — — — Intergoveimnental — — — — — Inveshnent earnings(net of xnarket value adjustrnent) (1,846) (4,670) (19,496) (43,950) (7,170) � Totalrevenues (1,846) (4,670) (19,496) (43,950) (7,170) Expenditures Current ' General govemment — — — 53,100 3,040 Capital outlay — 58,786 — — — Debt service Principal — — — — — � Interest and fiscal chazges — — — — — Total expendihues — 58,786 — 53,100 3,040 Excess(deficiency)of revenue ' over expenditures (1,846) (63,456) (19,496) (9'7,050) (10,210) Other financing sources(uses) Refunding bonds issued — — — — — Premium on refunding bonds issued — — — — — ' Transfers in — — — — — Transfers(out) — — — — — Total other financing sources(uses) — — — — — Net change in fund balances (1,846) (63,456) (19,496) (97,050) (10,210) � Fund balances(deficit) Begiiuvngofyear 100,723 265,110 1,063,741 2,397,821 395,194 ' End of year $ 98,877 $ 201,654 $ 1,044,245 $ 2,300,�71 $ 384,984 ' ' ' � , ' -79- ' � ' ' �.o. G.o. G.o. G.O. G.O.Park G.O.Park Equipment Refunding Improvement Refixnding Park Bonds Bonds Bonds Certificates Bonds Bonds Bonds ' of2007 of2008 of2011 of2012 of2012 of2012 of2013 (3345) (3355) (3360) (3370) (3375) (3380) (3385) Total ' $ 395,000 $ 380,000 $ 88,000 178,000 $ _ $ _ $ _ $ 1,158,000 536,577 - - - - - - - 624,000 � (1,950) (2,997) (640) (548) - (767) (135,513) (332,242) 393,050 377,003 87,360 177,452 (767) (135,513) 1,986,335 , _ _ _ _ _ _ = 56,140 58,786 ' 125,000 - 40,000 170,000 815,000 - - 2,645,000 252,425 249,008 41,963 31,755 110,717 22,387 255,579 1,093,509 377,425 249,008 81,963 201,755 925,717 22,387 255,579 3,853,435 � 15,625 127,995 5,397 (24,303) (925,717) (23,154) (391,092) (1,867,100) t = _ _ _ _ = 9,000,000 9,000,000 81,545 81,545 1,181,516 3,716,415 - - - - - - - (1,525,564) - - - - 1,181,516 - 9,081,545 11,272,396 ' 15,625 127,995 5,397 (24,303) 255,799 (23,154) 8,690,453 9,405,296 � 87,337 137,832 27,216 29,894 18 49,428 - 8,123,'762 $ 102,962 $ 265,827 $ 32,613 $ 5,591 $ 255,817 $ 26,274 $ 8,690,453 $ 17,529,058 ' ' ' ' ' ' -80- , ' ' ' ' ' � ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' ' � ' � , ' ' ' , � t ' ' ' ' ' � 1 NONMAJOR CAPITAL PROJECTS FUNDS ' Nonmajor capital projects funds used are to account for and report fmancial resources that are restricted, committed, or assigned to expenditures for capital outlays, including the acquisition and construction of capital facilities and other capital assets. Capital projects funds exclude those types of capital-related outflows fmanced by proprietary funds. ' , ' ' ' ' ' ' -81- ' CITY OF APPLE VALLEY ' Nonmajor Capital Projects Funds Combining Balance Sheet ' as of December 31,2013 Equipment Park Energy Police Special ' Certificates Dedication Grant Projects (2005) (2015) (2050) (2055) � Assets Cashandinvestments $ 626,590 $ — $ 1Q438 $ 187,150 Receivables Accounts — — — — ' Taxes—delinquent — — — — Special assessments Current — — _ _ Deferred — — _ _ ' Due from other govemmental units — — — — Advances to other funds 62,203 — — — Total assets $ 688,793 $ — $ ]0,438 $ 187,150 ' Liabilities Accounts payable $ — $ — $ — $ — Contracts payable — — — — ' Due to other governmental units — — — — Due to other funds — 246,392 — — Totalliabilities — 246,392 — — Defened inflows of resources , Unavailable revenue—property ta�ces — — — — Unavailable revenue—special assessments — — — — Total deferred inflows of resources — — — — Fund balances(deficit) ' Restricted — — 10,438 — Assigned 688,793 — — 187,150 Unassigned — (246,392) — — ' Total fund balances(deficit) 688,793 (246,392) 10,438 187,150 Total liabilities,deferred inflows of resources,and fund balances $ 688,793 $ — $ 10,438 $ 187,150 ' ' ' , t ' ' -82- ' ' ' ' Dakota Pazk Tree Pathways and Technical Capital Improvement Police 911 Preservation Pond Sidewalks Dodd Road Building Building Development � (2065) (2070) (2075) (2080) (2085) (2090) (4000) (4010) $ 229,618 $ 352,432 $ 232,309 $ 204,929 $ 225,726 $ 631,247 $ 625,494 $ 1,595 ' - - - - - - - - ' - - - - - - - - ' $ 229,618 $ 352,432 $ 232,309 $ 204,929 $ 225,726 $ 631,247 $ 625,494 $ 1,595 $ - $ 329 $ - $ - $ - $ - $ - $ - ' - - - - - - 293,810 = - 329 - - - - 293,810 - , - - - - - - - - � - - - - - - - 229,618 - - - - - - - - 352,103 232,309 204,929 225,726 631,247 331,684 1,595 ' 229,618 352,103 232,309 204,929 225,726 631,247 331,684 1,595 ' $ 229,618 $ 352,432 $ 232,309 $ 204,929 $ 225,726 $ 631,247 $ 625,494 $ 1,595 , ' t i 1 ' (continued) -83- , CITY OF APPLE VALLEY ' Nonmajor Capital Projects Funds Combining Balance Sheet(continued) ' as of December 31,2013 Dakota ' County 1999 2000 Construction C.I.P. Improvement Improvement Projects Development Construction Construction ' (4030) (4045) (4225) (4245) Assets Cash and investments $ — $ 250,037 $ — $ — Receivables ' Accounts — — — — Taxes—delinquent — — — — Special assessments Current — — — — ' Deferred — — — — Due from other govemmental units — — — — Advances to other funds — — — — Total assets $ — $ 250,037 $ — $ — ' Liabilities Accounts payable $ — $ — $ — $ 10,750 Contracts payable — — — — ' Due to other govemmental units — — — — Due to other funds 130,040 — 48,807 7,871 Totalliabilities 130,040 — 48,807 18,621 Defened inflows of resources ' Unavailable revenue—propeRy taxes — — — — Unavailable revenue—special assess�nents — — — — Total deferred inflows of resources — — — — ' Fund balances(deficit) Restricted — — — — Assigned — 250,037 — — ' Unassigned (130,040) — (�48,807) (18,621) Total fund balances(deficit) (130,040) 250,037 (48,807) (18,621) Total liabilities,deferred inflows of resources,and fund balances $ — $ 250,037 $ — $ — ' ' ' ' ' , ' -84- . ' � � , Engineer 2008 Developer 2012 2003 Constrvction Review Improvement Cable Capital Physical Private Construction Improvement ' Projects Nonreimbursable Construction Equipment Improvement Development Projects Construction (4400) (4600) (4715) (4800) (4900) (4920) (4500) (4300) $ - $ - $ 25,542 $ 341,226 $ 211,853 $ 122,550 $ 19,116 $ - t - - - - - - - 3,439 � _ _ - - - - 27,127 = 352,650 ' $ - $ - $ 25,542 $ 341,226 $ 211,853 $ 122,550 $ 398,893 $ 3,439 ' $ _ $ 6,730 $ 2,405 $ _ $ 45,031 $ _ $ 171,798 $ 24,943 77,548 32,321 - - - - - 933,647 77,548 39,051 2,405 - 45,031 - 171,798 958,590 ' - - - - - - 379,777 - ' - - - - - - 379,777 - - - - 341,226 - - - - , - - 23,137 = 166,822 122,550 - - (77,548) (39,051) (152,682) (955,151) (77,548) (39,051) 23,137 341,226 166,822 122,550 (152,682) (955,151) ' $ - $ - $ 25,542 $ 341,226 $ 211,853 $ 122,550 $ 398,893 $ 3,439 � ' ' ' ' ' (continued) -85- t CITY OF APPLE VALLEY ' Nonmajor Capital Projects Funds Combining Balance Sheet(continued) ' as of December 31,2013 TIF District TIF District Electric 2007 ' No.13 No.7 Franchise Fee Park Bond (4700) (4710) (4750) (4935) Assets ' Cash and investments $ 1,033,604 $ 706,521 $ 1,474,587 $ 440,179 Receivables Accounts — — 121,522 — Taxes—delinquent 7,959 — — — ' Special assessments Current — — — — Deferred — — — — Due from other govemmental units 4,177 — — — ' Advances to other funds — — — — Total assets $ 1,045,740 $ 706,521 $ 1,596,109 $ 440,179 Liabilities � Accounts payable $ — $ — $ — $ 2,875 Cootracts payable — — — — Due to other govemmental units — — — 198 Due to other funds — — — — , Totalliabilities — — — 3,073 Deferred inflows of resources Unavailable revenue—property taxes 7,959 — — — ' Unavailable revenue—special assessments — — — — Total deferred inflows of resources 7,959 — — — Fund balances(deficit) � Restricted 1,037,781 706,521 1,596,109 437,106 Assigned — — — — Unassigned — — — — Tota]fund balances(deficit) ],037,781 706,521 1,596,109 437,106 ' Total liabilities,deferred inflows of resources,and fund balances $ 1,045,740 $ 706,521 $ 1,596,109 $ 440,179 , ' ' , ' ' ' -86- ' ' ' ' Fire Grants Project (7600) Total � $ 31,079 $ 7,983,822 ' = 124,961 7,959 — 27,127 — 352,650 ' = 4,177 62,203 $ 31,079 $ 8,562,899 , $ — $ 264,861 — 293,810 ' = 198 1,476,626 2,035,495 ' = 7,959 379,777 — 387,736 � — 4,358,799 31,0'79 3,449,161 — (1,668,292) ' 31,079 6,139,668 $ 31,079 $ 8,562,899 ' ' ' ' ' ' ' -87- � CITY OF APPLE VALLEY ' Nonmajor Capita]Projects Funds Combining Statement of Revenues,Expenditures,and Changes in Fund Balances ' Year Ended December 31,2013 Equipment Park Energy Police Special ' Certificates Dedication Grant Projects (2005) (2015) (2050) (2055) Revenues ' Taxes $ — $ — $ — $ — Franchise fees — — — — Special assessments — — — — ' Intergovemmental — — — — Investment eamings(net of market value adjustment) (16,707) — (338) (3,163) Otherrevenue � Contributions — — — 300 Rentals — — — — ' Refunds and reimbursements — — — 29,327 Miscellaneous — ]69,171 — 1,597 Totalrevenues (16,707) 169,171 (338) 28,061 Expenditures ' Cunent General government — — — — Public safety — — — 2,121 ' Public works — — — — Parks and recreation — 12,458 — — Capital outlay 603,066 870,410 33,303 — Totalexpenditures 603,066 882,868 33,303 2,121 ' Excess(deficiency)ofrevenue overexpenditures (619,773) (713,697) (33,641) 25,940 Other financing sources Sale of capital assets 130,476 — — — � Transfersin — — — — Total other financing sources 130,476 — — — Net change in fund balances (489,297) (713,697) (33,641) 25,940 ' Fund balances(deficit) Beginningofyear 1,178,090 467,305 44,079 161,210 Endofyear $ 688,793 $ (246;392) $ 10,438 $ 187,150 ' , � , ' ' , -88- � ' ' ' Dakota Pazk Tree Pathways and Technical Capital Improvement Police 911 Preservation Pond Sidewalks Dodd Road Building Building Development (2065) (2070) (2075) (2080) (2085) (2090) (4000) (4010) 1 $ — $ — $ — $ — $ — $ — $ — $ — � (4,859) (6,635) (4,338) (4,247) (4,215) (11,047) (8,274) (30) ' _ _ _ _ = 80,000 = _ (4,859) (6,635) (4,338) (4,247) (4,215) 68,953 (8,274) (30) � ' — — — — — 975 — — ' 66,400 = _ _ _ _ _ _ 3,525 — — — 29,375 — — 1,532,407 — 66,400 3,525 — 29,375 — 975 1,532,407 — � (71,259) (10,160) (4,338) (33,622) (4,215) 67,978 (1,540,681) (30) ' — — — — — — 1,466,838 — — — — — — — 1,466,838 — � (71,259) (]0,160) (4,338) (33,622) (4,215) 67,978 (73,843) (30) 300,877 362,263 236,647 238,551 229,941 563,269 405,527 1,625 � $ 229,618 $ 352,103 $ 232,309 $ 204,929 $ 225,726 $ 631,247 $ 331,684 $ 1,595 1 ' ' t � � (continued) -89- ' CITY OF APPLE VALLEY ' Nonmajor Capital Projects Funds Combining Statement of Revenues,Expenditures,and Changes in Fund Balances(continued) ' Year Ended December 31,2013 Dakota ' County 1999 2000 Construction C.I.P. Improvement Improvement Projects Development Construction Construction ' (4030) (4045) (4225) (4245) Revenues Taxes $ — $ — $ — $ — Franchise fees — — — — ' Special assessments — — — — Intergovemmental — — — — Investment eamings(net of market value adjushnent) — (4,668) — — Otherrevenue , Contributions — — — — Rentals — — — — Refunds and reimbursements — — — — Miscellaneous — — — — ' Totalrevenues — (4,668) — — Expenditures Cunent General government — — — — ' Public safety — — — — Public works 514 — — — Pazks and recreation — — — — Capital outlay — — — — ' Tota]expenditures 514 — — — Excess(deficiency)of revenue over expenditures (514) (4,668) — — Other financing sources ' Sale of capital assets — — — — Transfers in — — — — Total other financi�g sources — — — — Net change in fund balances (514) (4,668) — — ' Fund balances(deficit) Beginning ofyear (129,526) 254,705 (48,807) (18,621) ' Endofyear $ (130,040) $ 250,037 $ (48,807) $ (18,621) ' ' , ' � ' -90- ' ' ' ' Engineer 2008 Developer 2012 2003 Construction Review Improvement Cable Capital Physical Private Construction Improvement ' Projects Nonreimbursable Construction Equipment Improvement Development Projects Construction (4400) (4600) (4715) (4800) (4900) (4920) (4500) (4300) ' $ - $ - $ - $ - $ - $ - $ $ - ]40,749 78,110 ' - - - (3,743) (4,181) (2,288) - - ' = 1,034 2,030 - 28,238 - 154,841 377 1,034 2,030 137,006 24,057 (2,288) 232,951 377 ' - - - - - - - - 585 844 2,663 - 1,310 - - 85 ' - - - _ - = 104,981 - 585 844 2,663 1,310 104,981 85 (585) 190 (633) 137,006 22,747 (2,288) 127,970 292 ' , (585) 190 (633) 137,006 22,747 (2,288) 127,970 292 ' (76,963) (39,241) 23,770 204,220 144,075 124,838 (280,652) (955,443) $ (77,548) $ (39,051) $ 23,137 $ 341,226 $ 166,822 $ 122,550 $ (152,682) $ (955,151) ' ' ' ' ' , ' (continued) -91- t CITY OF APPLE VALLEY t Nonmajor Capital Projects Funds Combining Statement of Revenues,Expenditures,and Changes in Fund Balances(continued) ' Year Ended December 31,2013 TIF District TIF District Electric 2007 ' No.13 No.7 Franchise Fee Pazk Bond (4700) (4710) (4750) (4935) Revenues ' Taxes $ — $ 544,283 $ — $ — Franchise fees — — 548,441 — Specia]assessments — — — — ' Intergovemmental — — — — Investment earnings(net of mazket value adjustment) (20,181) (5,827) (22,489) (9,014) Other revenue Contributions — — — — Rentals — — — — ' Refunds and reimbursements — — — — Miscellaneous — — — — Totalrevenues (20,181) 538,456 525,952 (9,014) Expenditures ' Current General govemment — — — — Public safety — — — — Public works — — — — , Parks and recreatioo — — — — Capital ouday 34,783 1,280 — 78,162 Totalexpenditures 34,783 1,280 — 78,162 Excess(deficiency)of revenue over expenditures (54,964) 537,176 525,952 (87,176) ' Other financing sources Sale of capital assets — — — — ' Transfers in — — — — Total other financing sources — — — — Net change in fund balances (54,964) 537,176 525,952 (87,1'16) ' Fund balances(deficit) Beginningofyear 1,092,745 169,345 1,070,157 524,282 Endofyeaz $ 1,037,781 $ 706,521 $ 1,596,109 $ 437,106 ' ' ' ' ' ' ' -92- ' ' ' ' Fire Grants Project (7600) Total � $ — $ 544,283 � — 689,190 , — 78,110 2,500 2,500 (584) (136,828) — 300 , = 80,000 29,327 — 357,288 1,916 1,644,170 , — 975 ' = 68,521 6,001 15,983 2,500 3,290,267 ' 2,500 3,381,747 (584) (1,737,577) ' = 130,476 1,466,838 — 1,597,314 t (584) (140,263) 31,663 6,279,931 ' $ 31,079 $ 6,139,668 � ' ' , t ' -93- � � CITY OF APPLE VALLEY ' General Fund ' Schedule of Revenue,Expenditures,and Changes in Fund Balances-Budget and Actual Year Ended December 31,2013 Budgeted Amounts Over(Under) ' Original Final Actual Budget Revenue � Taxes Current $ 18,177,570 $ 20,932,570 $ 20,989,247 $ 56,677 Delinquent 200,000 200,000 92,539 (107,461) ' Total taxes 18,377,570 21,132,570 21,081,786 (50,784) Other taaces 88,019 88,019 95,909 7,890 ' Franchise fees 450,000 450,000 489,083 39,083 Special assessments 14,000 14,000 11,996 (2,004) Licenses and permits ' General govemment 149,900 149,900 168,663 18,763 Public safety 5,000 5,000 5,017 17 Public warks 616,800 648,600 966,923 318,323 Total licenses and permits 771,700 803,500 1,140,603 337,103 ' Intergovernmental Federal grants General government - 200,000 200,000 - ' Public safety - 55,000 57,203 2,203 State grants PERA aid 43,000 43,000 36,095 (6,905) ' Fire relief aid-public safety 179,997 179,997 261,396 81,399 Police relief aid-public safety 330,000 330,000 333,571 3,571 Other-public safety 30,000 30,000 49,825 19,825 Total intergovernmental 582,997 837,997 938,090 100,093 � Charges for services Administration charges-general government Construction funds SQ000 50,000 15,927 (34,073) ' Enterprise funds 670,000 670,000 670,000 - Investment charges-general govemment 100,000 100,000 100,000 - Engineeringcharges-publicworks-construction 551,757 584,097 572,506 (11,591) General government 17,800 17,800 16,386 (1,414) � Public safety 208,670 208,670 224,239 15,569 Public works 17,047 17,047 Parks and recreation 954,000 954,000 882,482 (71,518) ' Total charges for services 2,552,227 2,584,56'7 2,498,587 (85,980) Fines and forfeitures 282,000 282,000 257,345 (24,655) Investment earnings(net of market value adjustment) 160,000 160,000 (122,708) (282,708) ' Other Rentals 467,600 467,600 562,422 94,822 ' Refunds and reimbursements 60,000 60,000 69,697 9,697 Donations - - 51,125 51,125 Miscellaneous 20,000 20,000 25,919 5,919 Total other 547,600 547,600 709,163 161,563 ' Total revenue 23,826,113 26,900,253 27,099,854 199,601 (continued) ' -94- ' ICITY OF APPLE VALLEY ' General Fund Schedule of Revenue,Expenditures,and Changes in Fund Balances-Budget and Actual(continued) Year Ended December 31,2013 ' Budgeted Amounts Over(Under) Original Final Actual Budget ' Expenditures General government ' Mayor and City Council Personal services $ 109,780 $ 109,780 $ 103,259 $ (6,521) Supplies 300 300 390 90 Othercurrentexpenditures 22,870 22,870 21,991 (879) ' Total Mayor and City Council 132,950 132,950 125,640 (7,310) Administration Personal services 386,389 386,389 380,150 (6,239) ' Supplies 225 225 108 (117) Other current expenditures 15,241 15,241 14,443 (798) Total administration 401,855 401,855 394,701 (7,154) ' Finance and data processing Personal services 518,557 518,557 438,337 (80,220) Supplies 10,000 10,000 9,723 (277) � Other current expenditures 265,000 265,000 246,6ll (18,389) Total finance and data processing 793,557 793,557 694,671 (98,886) Information technology ' Personal services 309,715 309,715 308,'799 (916) Supplies 8,000 8,000 14,041 6,041 Othercurrentexpenditures 180,480 192,780 174,851 (17,929) Capital outlay 144,000 205,956 173,307 (32,649) ' Total information technology 642,195 716,451 67Q998 (45,453) Human resources ' Personal services 426,087 426,087 358,344 (67,743) Supplies 1,000 1,000 593 (407) Other current expenditures '70,600 70,600 41,566 (29,034) Total human resources 497,687 497,687 400,503 (97,184) � City clerk/elections Personal services 180,497 180,497 147,341 (33,156) Supplies 900 900 842 (58) , Other current expenditures 76,632 76,632 68,003 (8,629) Capital outlay 1,900 1,900 1,337 (563) Total city clerk/elections 259,929 259,929 217,523 (42,406) , Legal Othercurrentexpenditures 470,732 470,�32 473,862 3,130 ' General government buildings ' Personal services 158,278 158,278 162,893 4,615 Supplies 21,750 21,750 22,041 291 Othercurrentexpenditures 132,207 132,207 165,223 33,016 ' Capital outlay - 35,500 35,500 - Total general government buildings 312,235 347,735 385,657 37,922 ' (continued) -95- , CITY OF APPLE VALLEY ' General Fund , Schedule of Revenue,Expenditures,and Changes in Fund Balances-Budget and Actual(continued) Year Ended December 31,2013 Bud eted Amounts Over(Under) ' Original Final Actual Budget Expenditures(continued) t General government(continued) Community development ' Personalservices 551,720 551,720 550,425 (1,295) Supplies 900 900 3,310 2,410 Other current expenditures 83,405 283,405 275,154 (8,251) Total community development 636,025 836,025 828,889 (7,136) ' Code enforcement Personal services 187,522 187,522 155,402 (32,120) Supplies 4,400 4,400 2,936 (1,464) ' Other current expenditures 8,800 45,427 21,066 (24,361) Capital outlay - 19,000 10,925 (8,075) Total code enforcement 200,722 256,349 190,329 (66,020) Unallocated ' Personal services 6,000 6,000 14,909 8,909 Othercurrentexpenditures 430,000 345,765 267,234 (78,531) � Totalunallocated 436,000 351,765 282,143 (69,622) Total general government 4,783,887 5,065,035 4,664,916 (400,ll9) Public safety ' Police protection Personal services 6,533,411 6,533,411 6,454,417 (78,994) Supplies 287,341 297,928 264,161 (33,767) � Other current expenditures 1,208,783 1,213,428 1,189,558 (23,870) Capital outlay 200,000 200,000 231,185 31,185 Total police protection 8,229,535 8,244,767 8,139,321 (105,446) ' Fire protection Personal services 951,313 1,006,313 912,157 (94,156) Supplies 121,108 126,695 135,257 8,562 , Othercunentexpenditures 269,195 338,365 261,924 (76,441) Capital outlay 135,300 181,850 183,393 1,543 Total fire protection 1,476,916 1,653,223 1,492,731 (160,492) Fire relief ' Other current expenditures 483,584 483,584 566,436 82,852 Civil defense ' Supplies 3,000 3,000 1,088 (1,912) Othercurrentexpenditures 17,096 17,096 16,207 (889) Total civil defense 20,096 20,096 17,295 (2,801) Animal control ' Personalservices 113,590 113,590 70,978 (42,612) Supplies 12,550 12,550 11,276 (1,274) , Other current expenditures 11,000 11,000 9,734 (1,266) Total animal control 137,140 137,140 91,988 (45,152) (continued) , -96- ' ' CITY OF APPLE VALLEY ' General Fund Schedule of Revenue,Expenditures,and Changes in Fund Balances-Budget and Actual(continued) Year Ended December 31,2013 , Bud eted Amounts Over Under g � ) Original Final Actual Budget ' Expenditures(continued) Public safety(continued) ' Building inspection Personal services 447,292 457,592 451,554 (6,038) Supplies 9,285 9,285 8,206 (1,079) Other current expenditures 59,385 80,885 91,789 10,904 ' Capital outlay 25,400 25,400 23,241 (2,159) Total building inspection 541,362 573,162 574,790 1,628 Total public safety 10,888,633 11,111,972 10,882,561 (229,411) ' Public works Public works administration Personal services 546,264 546,264 540,444 (5,820) � Supplies 11,290 11,290 8,751 (2,539) Othercurrentexpenditures 63,870 63,870 42,934 (20,936) Total public works administration 621,424 621,424 592,129 (29,295) , Central maintenance facility Personal services 440,048 440,048 417,472 (22,576) Supplies 30,025 30,025 26,732 (3,293) ' Othercurrentexpenditures 125,005 125,005 125,176 171 Capital outlay 64,750 64,750 46,321 (18,429) Total central maintenance facility 659,828 659,828 615,701 (44,127) , Streets Personal services 1,478,285 1,489,285 1,439,718 (49,567) Supplies 479,645 560,520 557,995 (2,525) , Other current expenditures 415,715 418,595 322,244 (96,351) Capital outlay 86,200 86,200 85,414 (786) Total streets 2,459,845 2,554,600 2,405,371 (149,229) ' Engineering Personalservices 452,106 484,446 493,298 8,852 Supplies 13,825 13,825 17,842 4,017 Other current expenditures 54,970 54,970 32,278 (22,692) ' Capital outlay 23,875 23,875 24,678 803 Total engineering 544,776 577,116 568,096 (9,020) Total public works 4,285,873 4,412,968 4,181,297 (231,671) ' Parks and recreation Parks and recreation administration , Personal services 723,217 723,217 696,263 (26,954) Supplies 4,700 4,700 3,953 (747) Othercurrentexpenditures 141,450 141,450 121,814 (19,636) Total parks and recreation administration 869,367 869,367 822,030 (47,337) ' , (continued) -97- , CITY OF APPLE VALLEY ' General Fund ' Schedule of Revenue,Expenditures,and Changes in Fund Balances-Budget and Actual(continued) Year Ended December 31,2013 Budgeted Amounts Over(Under) ' Original Final Actual Budget Expenditures(continued) ' Parks and recreation(continued) Recreation programs ' Personal services 235,171 235,171 231,507 (3,664) Supplies 58,900 58,900 41,534 (17,366) Other current expenditures 142,205 142,205 105,968 (36,237) Total recreation programs 436,276 436,276 379,009 (57,267) ' Parks maintenance Personal services 1,485,025 1,485,025 1,461,355 (23,670) Supplies 312,110 312,110 282,738 (29,372) ' Othercurrentexpenditures 504,000 504,000 461,979 (42,021) Capital outlay 142,500 142,500 139,875 (2,625) Total parks maintenance 2,443,635 2,443,635 2,345,947 (97,688) Redwood pool ' Personal services 65,437 65,437 63,872 (1,565) Supplies 6,700 6,700 5,570 (1,130) ' Other current expenditures 33,400 33,400 35,973 2,573 Capital outlay 15,000 15,000 8,317 (6,683) Total Redwood pool 120,537 120,537 113,732 (6,805) Aquatic swim center � Personal services 301,636 301,636 313,605 ll,969 Supplies 29,400 29,400 30,695 1,295 Other current expenditures 268,300 268,300 235,843 (32,457) ' Capital outlay 20,000 20,000 22,521 2,521 Total aquatic swim center 619,336 619,336 602,664 (16,672) Apple Valley Community Center ' Personal services 196,577 196,577 185,690 (10,887) Supplies 22,000 22,000 17,972 (4,028) Other cunent expenditures 106,875 106,875 78,960 (27,915) t Capital outlay 30,000 39,990 30,480 (9,510) Total Apple Valley Community Center 355,452 365,442 313,102 (52,340) Apple Valley Senior Center ' Personal services 229,413 229,413 251,897 22,484 Supplies 14,300 14,300 10,675 (3,625) Other current expenditures 50,800 50,800 49,993 (807) Capital outlay 6,500 6,500 6,607 107 ' Total Apple Valley Seniar Center 301,013 301,013 319,172 18,159 ' ' (continued) ' -98- ' ICITY OF APPLE VALLEY ' General Fund Schedule of Revenue,Expenditures,and Changes in Fund Balances—Budget and Actual(continued) Year Ended December 31,2013 � Budgeted Amounts Over(Under) Original Final Actual Budget ' Expenditures(continued) Parks and recreation(continued) ' Cable TV Supplies 900 900 250 (650) Other current expenditures 20,950 20,950 433 (20,517) Total Cable TV 21,850 21,850 683 (21,167) ' Totalparksandrecreation 5,167,466 5,177,456 4,896,339 (281,117) Totalexpenditures 25,125,859 25,767,431 24,625,113 (1,142,318) tExcess(deficiency)of revenues over expenditures (1,299,746) 1,132,822 2,474,741 1,341,919 � Other financing sources(uses) — Sale of capital assets 20,000 20,000 27,544 7,544 Transfers in 1,125,000 1,125,000 1,125,000 Transfers(out) (12,800) (2,767,800) (2,776,417) (8,617) ' Total other financing sources(uses) 1,132,200 (1,622,800) (1,623,873) (1,073) Net change in fund balances $ (167,546) $ (489,978) 850,868 $ 1,340,846 ' Fund balances Beginning of year 13,375,516 End of year $ 14,226,384 ' , ' ' , ' ' ' -99- , CITY OF APPLE VALLEY I Road Improvements Capital Projects Fund � Schedule of Revenue,Expenditures,and Changes in Fund Balances— Budget and Actual Year Ended December 31,2013 � Over(Under) ' Budget Actual Budget Revenue ' Special assessments $ — $ 97,812 $ 97,812 Intergovernmental 1,190,000 824,303 (365,697) Total revenue 1,190,000 922,115 (267,885) � Expenditures Capital outlay Public works 5,360,200 4,317,281 (1,042,919) ' Excess(deficiency)of revenue over expenditures (4,170,200) (3,395,166) 775,034 ' Other financing sources Transfers in 4,170,000 3,846,164 (323,836) ' Net change in fund balances $ (200) 450,998 $ 451,198 Fund balances(deficit) ' Beginning of year (3,958,742) End of year $ (3,507,744) ' ' ' ' ' ' ' ' -100- ' ' CITY OF APPLE VALLEY ' Future Capital Projects Fund Schedule of Revenue,Expenditures,and Changes in Fund Balances— Budget and Actual ' Year Ended December 31,2013 tOver(Under) Budget Actual Budget ' Revenue — Intergovernmental $ $ 29 $ 29 Investment earnings(net of market value adjustment) 174,200 (237,114) (411,314) ' Other 50,000 83,361 33,361 Total revenue 224,200 (153,724) (377,924) , Expenditures Capital outlay Public works 1,353,000 7,361 (1,345,639) ' Excess(deficiency)of revenue over expenditures (1,128,800) (161,085) 967,715 ' Other financing(uses) Transfers out (960,000) (2,551,838) (1,591,838) ' Net change in fund balances $ (2,088,800) (2,712,923) $ (624,123) Fund balances ' Beginning of year 15,864,837 End of year $ 13,151,914 ' t , ' � ' , -101- � CITY OF APPLE VALLEY I Cable TV Special Revenue Fund , Schedule of Revenue,Expenditures,and Changes in Fund Balances— Budget and Actual Year Ended December 31,2013 � Over(Under) ' Budget Actual Budget Revenue � Franchise fees $ 71,000 $ 84,120 $ 13,120 Intergovernmental 88,530 — (88,530) Investment earnings(net of market value adjustment) 2,000 (2,230) (4,230) ' Other Miscellaneous 15,879 � 71,896 56,017 Total revenue 177,409 153,786 (23,623) Expenditures ' Current Parks and recreation 190,209 202,722 12,513 ' Excess(deficiency)of revenue over expenditures (12,800) (48,936) (36,136) ' Other financing sources Transfers in 12,800 21,417 8,617 , Net change in fund balances $ — (27,519) $ (27,519) Fund balances Beginning of year 149,231 End of year $ 121,712 ' ' ' ' � ' ' -102- ' ' CITY OF APPLE VALLEY ' EDA Operations Special Revenue Fund Schedule of Revenue,Expenditures,and Changes in Fund Balances— Budget and Actual ' Year Ended December 31,2013 � Over(LTnder) Budget Actual Budget ' Revenue Investment earnings(net of market value adjustment) $ 14,000 $ (17,328) $ (31,328) ' Expenditures Current General government 17,500 17,640 140 ' Net change in fund balances $ (3,500) (34,968) $ (31,468) Fund balances � Beginning of year 955,262 End of year $ 920,294 ' ' , � � t ' ' ' ' -103- ' CITY OF APPLE VALLEY I Equipment Certificate Capital Projects Fund ' Schedule of Revenue,Expenditures,and Changes in Fund Balances— Budget and Actual Year Ended December 31,2013 ' Over(Under) � Budget Actual Budget Revenue ' Investment earnings(net of market value adjustment) $ 6,000 $ (16,707) $ (22,707) Expenditures ' Capital outlay 447,000 603,066 156,066 Excess(deficiency)of revenue ' over expenditures (441,000) (619,773) (178,773) Other financing sources Sale of capital assets — 130,476 130,476 � Debt issued 441,000 — (441,000) Total other fmancing sources 441,000 130,476 (310,524) Net change in fund balances $ — (489,297) $ (489,297) ' Fund balances ' Beginning of year 1,178,090 End of year $ 688,793 ' ' � ' ' ' t , -104- , ' ' ' 1 ' , , ' ' INTERNAL SERVICE FUNDS Internal service funds account for the fmancing of goods and services provided by one department or ' agency to other departments or agencies of the City on a cost reimbursement basis. The City utilizes an Insurance Internal Service Fund, a Risk Management Internal Service Fund, and a Vehicle Equipment Replacement Internal Service Fund in managing city operations. ' ' t ' � ' , ' -105- ' CITY OF APPLE VALLEY ' Internal Service Funds ' Combining Statement of Net Position as of December 31,2013 ' Vehicle, Risk Equipment ' Insurance Management Replacement ��ioo) ��200� ��400,�4is) Totais Assets ' Current assets ' Cash and investments $ 37,067 $ 3,473,515 $ 12,945 $ 3,523,527 Receivables Accounts — 1,388 — 1,388 Prepaids — 110,850 — 110,850 , Total assets $ 37,067 $ 3,585,753 $ 12,945 $ 3,635,765 Liabilities and Net Position ' Current liabilities ' Accounts payable $ 2,440 $ 80,625 $ — $ 83,065 Due to other governmental units — 141 — 141 Claims incurred,but not reported 1,543 — — 1,543 Accrued compensated absences — 1,433,184 — 1,433,184 ' Total current liabilities 3,983 1,513,950 1,517,933 Noncurrent liabilities ' Accrued compensated absences — 1,151,549 — 1,151,549 Totalliabilities 3,983 2,665,499 — 2,669,482 ' Net position Unrestricted 33,084 920,254 12,945 966,283 Total liabilities and net position $ 37,067 $ 3,585,753 $ 12,945 $ 3,635,765 ' ' ' , ' , -106- , ICITY OF APPLE VALLEY ' Internal Service Funds Combining Statement of Revenue,Expenses,and Changes in Net Position Year Ended December 31,2013 ' Vehicle, ' Risk Equipment Insurance Management Replacement (�ioo) (�200� ��aoo,�ais) Tocais � Operating revenue Charges to other funds $ 181,166 $ 1,102,501 $ — $ 1,283,667 � Operating expenses Personal services 204,755 462,071 — 666,826 Contractual services - 35,527 — 35,527 t Other charges — 923,123 = 923,123 Total operating expenses 204,755 1,420,721 1,625,476 ' Operating income(loss) (23,589) (318,220) — (341,809) Nonoperating revenue ' Investment earnings(net of market value adjustment) (843) (64,297) (39) (65,179) Other 165,123 12,984 178,107 Total nonoperating revenue (843) 100,826 12,945 112,928 , Change in net position (24,432) (217,394) 12,945 (228,881) Net position ' Beginningofyear 57,516 1,137,648 — 1,195,164 End of year $ 33,084 $ 920,254 $ 12,945 $ 966,283 ' � ' � � ' 1 -107- 1 CITY OF APPLE VALLEY , Internal Service Funds , Combining Statement of Cash Flows Year Ended December 31,2013 ' Vehicle, Risk Equipment ' Insurance Management Replacement ��ioo� ��200� ��400,�4is) Tocais Cash flows from operating activities ' Cash receipts on interfund services provided $ 181,399 $ 1,104,002 $ — $ 1,285,401 Cash payments to suppliers (200,772) (1,128,734) — (1,329,506) � Cash payments to employees for services — (14,080) — (14,080) Net cash flows from operating activities (19,373) (38,812) — (58,185) Cash flows from investing activities ' Interest received(market value adjustment) on investments (843) (64,297) (39) (65,179) Cash flows from noncapital financing activities ' Other income — 165,123 12,984 178,107 Net increase(decrease)in cash ' and cash equivalents (20,216) 62,014 12,945 54,743 Cash and investments ' Beginning ofyear 57,283 3,411,501 — 3,468,784 End of year $ 37,067 $ 3,473,515 $ 12,945 $ 3,523,527 ' Reconciliation of operating income(loss)to net cash flows from operating activities ' Operating income(loss) $ (23,589) $ (318,220) $ — $ (341,809) Adjustments to reconcile operating income(loss) to net cash flows from operating activities Change in assets and liabilities ' Receivables Accounts 233 1,501 — 1,734 Prepaids — 61,547 — 61,547 ' Accounts payable 2,440 75,881 — 78,321 Claims incurred,but not reported 1,543 1,543 Accrued compensated absences — 140,338 — 140,338 � Due to other governmental units — 141 — 141 Net cash flows from operating activities $ (19,373) $ (38,812) $ — $ (58,185) � ' , -108- ' ISTATISTICAL SECTION (UNAUDITED) ' This part of the City of Apple Valley's(the City)comprehensive annual financial report(CAFR)presents detailed information as a context for understanding what the information in the financial statements,note disclosures, and required supplementary ' information says about the City's overall financial health. ' Page ' Contents: Financial Trends tThese schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time. 109 tRevenue Capacity These schedules contain information to help the reader assess the City's most significant revenue source, ' including the property tax and utility revenue. 119 Debt Capacity ' These schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. 125 � Demographic and Economic Information ' These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. 133 Operating Indicators ' These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides,and the activities it performs. 135 t ' ' � , ' Sources: Unless otherwise noted,the information in these schedules is derived from the CAFR for the relevant year. ' CITY OF APPLE VALLEY,MINNESOTA ' Net Position by Component ' Last Ten Fiscal Years (accrual basis of accounting) ' Fiscal Year 2004 2005 2006 2007 ' Governmental activities Net investment in capital assets $ 22,982,033 $ 28,694,282 $ 37,570,960 $ 34,412,008 ' Restricted 34,165,446 44,147,505 37,773,983 44,173,435 Unrestricted 23,959,174 11,253,973 10,819,067 12,745,088 Total governmental activities net position $ 81,106,653 $ 84,095,760 $ 86,164,010 $ 91,330,531 ' Business-type activities Net investment in capital assets $ 86,311,795 $ 90,562,608 $ 93,728,440 $ 97,927,988 ' Restricted — — — — Unrestricted 15,424,386 16,490,064 18,078,297 19,088,334 Total business-type activities net position $ 101,736,181 $ 107,052,672 $ 111,806,737 $ 117,016,322 ' Primary governinent ' Net investment in capital assets $ 109,293,828 $ 119,256,890 $ 131,299,400 $ 132,339,996 Restricted 34,165,446 44,147,505 37,773,983 44,173,435 Unresh-icted 39,383,560 27,744,037 28,897,364 31,833,422 Total primary govemment net position $ 182,842,834 $ 191,148,432 $ 197,970,747 $ 208,346,853 � ' ' ' ' ' , ' Source:Audited financial statements for fiscal years ending December 31,2004-2013 ' -109- ' ' Table 1 ' , , 2008 2009 2010 2011 2012 2013 ' $ 41,867,201 $ 43,981,788 $ 45,477,393 $ 54,928,735 $ 64,226,520 $ '70,526,658 30,525,737 24,664,257 24,656,491 21,580,777 17,001,111 18,619,396 30,010,778 36,290,872 38,798,761 42,115,459 43,609,670 38,654,601 � $ 102,403,716 $ 104,936,917 $ 108,932,645 $ 118,624,971 $ 124,837,301 $ 127,800,655 ' $ 100,280,579 $ 101,447,457 $ 102,320,160 $ 104,198,009 $ 110,376,210 $ 118,410,631 275,000 289,049 291,591 309,518 319,582 303,823 17,998,903 19,100,650 20,094,976 19,431,679 19,030,882 13,228,257 ' $ 118,554,482 $ 120,837,156 $ 122,706,727 $ 123,939,206 $ 129,726,674 $ 131,942,711 ' $ 142,147,780 $ 145,429,245 $ 147,797,553 $ 159,126,744 $ 174,602,730 $ 188,937,289 30,800,737 24,953,306 24,948,082 21,890,295 17,320,693 18,923,219 48,009,681 55,391,522 58,893,737 61,547,138 62,640,552 51,882,858 ' $ 220,958,198 $ 225,774,073 $ 231,639,372 $ 242,564,17'7 $ 254,563,975 $ 259,743,366 ' � ' � ' ' , t -110- ' CITY OF APPLE VALLEY,MINNESOTA ' Changes in Net Position Last Ten Fiscal Years , (accrual basis of accounting) � Fiscal Year ' 2004 2005 2006 2007 Expenses ' Governmental activities General government $ 5,525,615 $ 6,829,322 $ 6,632,165 $ 7,856,220 Public safety 8,340,982 8,735,679 8,731,171 9,543,225 ' Public works 6,127,372 8,811,532 6,128,560 6,212,755 Parkandrecreation 3,944,179 4,182,048 4,417,497 5,235,779 Interest on long-term debt 2,638,220 1,884,397 1,881,814 1,540,980 Total governmental activities expense� $ 26,576,368 $ 30,442,978 $ 27,791,207 $ 30,388,959 ' Business-type activities Municipal Liquor $ 5,808,146 $ 5,895,443 $ 6,144,064 $ 6,247,330 ' Municipal Golf Course 1,004,999 1,034,341 961,616 886,143 Sports Arena 724,748 654,391 727,323 714,437 Water and Sewer 6,978,395 6,909,465 7,093,682 7,265,384 Storm Drainage 432,442 851,910 937,185 1,228,726 t Cemetery — — 33,361 46,284 Street Light Utility — — — — Total business-type activiries 14,948,730 15,345,550 15,897,231 16,388,304 Total primary govemment expenses $ 41,525,098 $ 45,788,528 $ 43,688,438 $ 46,777,263 , Pmgram revenues Governmental activities ' Charges for services General government $ 4,017,139 $ 4,001,566 $ 3,30Q137 $ 3,520,909 Public safety 218,688 232,373 507,185 565,351 Public works 359,025 809,598 259,375 211,770 ' Pazk and recreation 1,191,534 1,118,859 1,185,441 1,027,078 Operating grants and contributions 624,299 654,077 680,177 1,028,408 Capital grants and contributions 6,285,068 4,309,470 3,272,979 5,926,863 Total governmental activities program revenue: $ 12,695,753 $ 11,125,943 $ 9,205,294 $ 12,280,379 ' ' � . ' , ' , -111- ' ' ' Table 2 ' 2008 2009 2010 2011 2012 2013 ' $ 8,147,712 $ 8,685,487 $ 10,081,345 $ 7,086,321 $ 7,398,895 $ 5,012,638 � 10,223,407 10,306,540 10,092,977 10,548,223 11,101,520 11,336,972 7,349,899 8,393,981 7,008,886 5,744,780 6,382,138 6,905,011 5,011,287 5,754,969 6,261,801 6,169,552 6,166,397 6,345,937 2,102,579 1,773,863 1,556,130 1,459,728 1,235,352 1,194,974 ' $ 32,834,884 $ 34,914,840 $ 35,001,139 $ 31,008,604 $ 32,284,302 $ 30,795,532 � $ 6,985,584 $ 8,062,876 $ 8,285,841 $ 8,177,679 $ 8,377,991 $ 8,419,472 1,047,254 1,011,443 1,057,715 1,051,605 1,292,371 1,507,451 755,102 771,198 748,541 799,993 778,931 759,930 7,983,126 7,226,393 7,302,254 7,309,277 7,194,007 7,794,274 � 926,799 869,376 846,743 917,054 1,001,140 1,052,087 45,882 56,518 68,868 69,004 69,376 51,472 410,787 398,114 447,954 444,106 1'7,743,747 17,997,804 18,720,749 18,722,726 19,161,770 20,028,792 � $ 50,578,631 $ 52,912,644 $ 53,721,888 $ 49,731,330 $ 51,446,072 $ 50,824,324 ' $ 3,470,858 $ 2,363,002 $ 2,423,051 $ 2,435,834 $ 2,413,190 $ 2,315,613 647,651 603,425 755,339 587,486 554,820 549,371 � 112,651 457,516 1,046,007 1,055,995 1,543,446 892,267 1,027,675 1,259,959 1,721,486 1,314,377 1,504,546 1,271,031 1,153,964 1,577,419 1,872,316 534,041 579,675 900,223 10,345,742 2,451,327 3,271,761 4,398,403 4,4�}5,816 � 3,250,152 � $ 16,758,541 $ 8,712,648 $ 11,089,960 $ 10,326,136 $ 11,041,493 $ 9,178,657 � � � ' ' ' (continued) -112- � CITY OF APPLE VALLEY,MINNESOTA ' Changes in Net Position(continued) Last Ten Fiscal Years ' (accrual basis of accounting) Fiscal Year ' 2004 2005 2006 2007 Program revenues(continued) ' Business-type activities Charges for services Municipal Liquor $ 6,242,480 $ 6,405,618 $ 6,622,752 $ 6,974,113 ' MunicipalGolfCourse 877,950 812,820 834,872 922,648 Sports Arena 539,892 554,609 607,559 555,262 WaterandSewer 8,169,840 8,060,081 8,145,197 8,635,246 Storm Drainage 1,112,142 1,112,827 1,225,052 1,141,260 � Cemetery - - 94,690 93,780 Street Light Utility - - - - Operating grants and contributions - - 4,207 142,686 Capital grants and contributions 2,170,659 4,095,167 - - ' Total business-type activities program revenue� 19,112,963 21,041,122 17,534,329 18,464,995 Total primary government program revenuee $ 31,808,716 $ 32,167,065 $ 26,739,623 $ 30,745,374 Net(expense)/revenue ' Governmental activities $ (13,880,615) $ (19,317,035) $ (18,585,913) $ (18,108,580) Business-type activities 4,164,233 5,695,572 1,637,098 2,076,691 Total primary government net expense $ (9,716,382) $ (13,621,463) $ (16,948,815) $ (16,031,889) � General revenues and other changes in net positior Governmental activiries ' Property ta�ces $ 15,728,058 $ 16,867,319 $ 18,051,659 $ 19,027,159 Ta�c increments 1,562,082 1,583,537 1,861,288 1,981,344 Franchise ta�ces 782,871 894,723 941,035 972,2�0 L,odging taac 36,754 36,073 38,955 42,038 , Gravel ta�� 39,720 34,301 64,155 26,378 Unallocated state and county aids 163,868 47,854 67,040 959,190 Other general revenue (56,694) - 54,087 119,010 Unrestricted inveshnent earnings 970,255 1,081,951 1,897,055 2,166,594 ' Trausfers 447,369 1,001,911 (1,317,741) (2,018,882) Total governmental activities $ 19,674,283 $ 21,547,669 $ 21,65'7,533 $ 23,275,101 Business-type activities ' Unrestricted inveshnent eamings $ 354,606 $ 520,324 $ 720,940 $ 992,512 Property taxes 100,000 100,000 123,500 121,500 Other - 2,506 - - ' Transfers (447,369) (1,001,911) 1,317,741 2,018,882 Total business-type activities 7,237 (379,081) 2,162,181 3,132,894 Total primary governmenl $ 19,681,520 $ 21,168,588 $ 23,819,714 $ 26,407,995 � Change in net position Governmental activiries $ 5,793,668 $ 2,230,634 $ 3,071,620 $ 5,166,521 � Business-type acriviUes 4,171,470 5,316,491 3,799,279 5,209,585 ' Totalprimarygovemment $ 9,965,138 $ 7,547,125 $ 6,870,899 $ 10,376,106 Note 1: The Street Light Utility was established in fiscal year 2010,the street light activity prior to 2010 was included in the Water and Sewer Fund ' Note 2: Fisca12012 and prior data have not been restated for the reclassifications made in fisca12013. Source: Audited financial statements for fiscal yeazs ending December 31,2004-2013 ' -113- , ' Table 2(continued) ' ' 2008 2009 2010 "2011 2012 2013 ' ' $ 7,390,696 $ 8,772,571 $ 9,032,194 $ 9,005,660 $ 9,231,890 $ 9,380,818 1,049,707 1,085,429 1,114,395 � 1,023,866 1,122,791 1,168,154 538,694 627,595 606,262 650,350 647,134 643,855 8,670,265 9,250,812 8,439,232 8,361,750 9,256,709 8,951,798 � 1,227,331 1,233,346 1,360,483 1,370,348 1,51'7,090 1,525,136 110,175 95,320 89,695 114,365 127,735 123,197 465,552 433,464 454,477 449,885 47,285 25,190 - 10,170 13,890 80,707 � 324,323 316,200 645,427 643,164 3,201,690 1,497,501 19,358,476 21,406,463 21,753,240 21,613,137 25,573,406 23,821,051 $ 36,117,017 $ 30,119,111 $ 32,843,200 $ 31,939,273 $ 36,614,899 $ 32,999,708 � � $ (16,076,343) $ (26,202,192) $ (23,911,179) $ (20,682,468) $ (21,242,809) $ (21,616,875) 1,614,729 3,408,659 3,032,491 2,890,411 6,411,636 3,792,259 � $ (14,461,614) $ (22,793,533) $ (20,878,688) $ (17,792,057) $ (14,831,173) $ (17,824,616) , $ 19,942,701 $ 21,892,939 $ 21,697,421 $ 21,46Q141 $ 21,769,647 $ 22,144,883 2,040,480 2,185,762 2,311,405 2,240,269 2,012,281 544,283 1,023,368 1,096,578 1,160,771 1,177,715 1,197,288 1,262,393 ' 65,073 56,300 67,311 74,105 75,472 73,504 37,209 40,692 36,314 38,666 36,439 45,890 584,294 292,225 95,019 117,000 145,755 40,397 143,403 433,956 271,622 176,575 116,558 186,872 ' 1,352,'749 912,413 643,741 2,372,693 1,026,594 (1,056,882) 955,251 1,824,528 1,623,303 2,717,630 1,075,105 1,338,889� $ 26,144,528 $ 28,735,393 $ 27,906,907 $ 30,374,794 $ 27,455,139 $ 24,580,229 ' $ 672,485 $ 426,300 $ 320,166 $ 888,863 $ 388,923 $ (358,333) 125,000 120,000 125,000 120,000 120,000 121,000 � 81,197 152,243 15,217 50,835 43,845 - (955,251) (1,824,528) (1,623,303) (2,717,630) (1,075,105) (1,338,889) (76,569) (1,125,985) (1,162,920) (1,657,932) (522,337) (1,576,222) � $ 26,067,959 $ 27,609,408 $ 26,743,987 $ 28,716,862 $ 26,932,802 $ 23,004,007 $ 10,068,185 $ 2,533,201 $ 3,995,728 $ 9,692,326 $ 6,212,330 $ 2,963,354 ' 1,538,160 2,282,674 1,869,571 1,232,479 5,889,299 2,216,037 $ 11,606,345 $ 4,815,875 $ 5,865,299 $ 10,924,805 $ 12,101,629 $ 5,179,391 ' 1 -114- , CITY OF APPLE VALLEY,MINNESOTA I Fund Balances of Governmental Funds , Last Ten Fiscal Years (modified accrual basis of accounting) , Fiscal Year ' 2004 2005 2006 2007 General Fund ' Reserved $ 88,705 $ 89,863 $ 112,094 $ 161,283 Unreserved 11,177,609 11,008,601 13,354,939 11,005,460 Nonspendable — — — — ' Restricted — — — — Committed — — — — Assigned — — — — Unassigned — — — — ' Total General Fund $ 11,266,314 $ 11,098,464 $ 13,467,033 $ 11,166,743 All other governmental funds t Reserved reported in Special revenue funds $ — $ — $ — $ — ' Debt service funds 34,504,765 34,213,218 24,664,247 — Capital projects funds — 1,809,860 3,475,896 — Unreserved reported in ' Special revenue funds 540,412 586,907 295,462 286,647 Debt service funds (1,429,437) (2,486,434) (4,618,885) 19,405,845 Capital projects funds 3,777,337 662,127 2,361,571 12,051,437 ' Nonspendable — — — — Restricted — — — — Committed — — — — Assigned — — — — ' Unassigned — — — — Total all other governmental funds $ 37,393,077 $ 34,785,678 $ 26,178,291 $ 31,743,929 ' Total all funds $ 48,659,391 $ 45,884,142 $ 39,645,324 $ 42,910,672 ' ' ' ' Note: Fund balance descriptions changed due to GASB Statement No. 54 implementation effective January 1,2011. Source: Audited financial statements far fiscal years ending December 31,2004-2013 ' -115- ' ' Table 3 ' , ' 2008 2009 2010 2011 2012 2013 ' $ 122,232 $ 40,515 $ 53,113 $ — $ — $ — 11,103,476 12,181,208 12,594,013 — — — ' _ _ = 118,661 239,462 90,745 — — — 165,872 210,005 154,100 ' _ _ = 278,724 279,973 151,502 12,142,496 12,646,076 13,830,037 $ 11,225,708 $ 12,221,723 $ 12,647,126 $ 12,705,753 $ 13,375,516 $ 14,226,384 ' ' $ — $ _ $ _ $ _ $ _ $ _ , 361,472 342,464 324,251 — — — 20,923,916 16,996,037 15,892,926 — — - ' 12,447,954 10,965,444 14,011,232 = — _ 1,750 — — — 15,537,787 11,435,144 20,966,147 ' — — — 28,795,063 31,538,043 26,215,087 — — — (13,395,872) (12,381,234) (9,561,124) ' $ 33,733,342 $ 28,303,945 $ 30,228,409 $ 30,936,978 $ 30,593,703 $ 37,620,110 $ 44,959,050 $ 40,525,668 $ 42,875,535 $ 43,642,731 $ 43,969,219 $ 51,846,494 ' , ' ' ' -116- ' CITY OF APPLE VALLEY,MINNESOTA ' Changes in Fund Balances of Governmental Funds , Last Ten Fiscal Years (modified accrual basis of accounting) � Fiscal Year 2004 2005 2006 2007 ' Revenues General property taxes $ 15,728,058 $ 16,866,020 $ 18,004,451 $ 18,994,579 ' Tax increments 1,562,082 1,583,537 1,861,288 1,981,344 Othertaxes 76,474 70,374 103,110 68,416 Special assessments 2,409,888 2,193,486 1,241,912 2,384,730 Licenses andpermits 1,136,543 1,026,657 8'77,166 1,094,222 ' Intergovernmental 3,441,561 4,264,771 1,056,957 2,344,740 Charges for services 836,851 1,294,562 1,319,731 1,358,148 Franchise fees 782,871 894,723 941,034 972,270 ' Fines and forfeits 270,659 201,365 327,584 339,819 Inveshnent earnings(net of market value adjushnent) 785,694 1,056,304 1,852,136 2,102,608 Rentals 232,909 227,641 263,907 311,731 Conh-ibutions and donations 13,682 16,088 13,444 3,561 ' Administrative fees 845,399 830,060 931,777 915,543 Other 1,537,460 1,379,689 583,582 218,690 Refunds and reimbursements 245,578 200,238 270,826 235,531 Totalrevenues 29,905,709 32,105,515 29,648,905 33,325,932 ' Expenditures Current ' General govermnent 5,843,724 5,613,101 5,381,510 5,961,983 Public safety 8,040,341 7,980,865 8,545,705 8,757,650 Public works 3,187,003 2,688,646 2,517,120 2,812,372 Parkandrecreation 3,711,429 3,907,903 3,957,320 4,106,632 , Miscellaneous - - - - Capital outlay 8,152,531 9,758,709 7,128,776 10,615,297 Debt service , Principal 7,697,633 4,265,000 3,885,000 5,125,000 Interest and fiscal charges - 2,061,451 1,891,707 1,468,677 Total expenditures 36,632,661 36,275,675 33,307,138 38,847,611 Excess(deficiency)of revenues over expenditures (6,726,952) (4,170,160) (3,658,233) (5,521,679) ' Other financing sources(uses) Transfers in 12,750,187 3,739,019 9,963,636 20,100,223 ' Transfers out (12,302,818) (2,737,108) (9,052,561) (21,303,155) Bonds issued 15,495,000 400,000 6,645,000 10,000,000 Payment of refunded debt - - (11,340,000) - Capital lease issued - - - - ' Premium on debt issued - - 6,760 - Discount on debt issued (176,192) (7,000) (4,953) (116,483) Proceeds from sale of capital assets - 106,442 � Total other financing sources(uses) 15,766,177 1,394,911 (3,782,118) 8,787,027 Net change in fund balances $ 9,039,225 $ (2,775,249) $ (7,440,351) $ 3,265,348 ' Debt service as a percentage of noncapital expenditure; 27.0% 23.9% 22.1% 23.4% Source: Audited financial statements for fiscal years ending December 31,2004-2013 ' -117- ' � Table 4 ' , t2008 2009 2010 2011 2012 2013 , $ 19,916,783 $ 21,544,567 $ 21,709,126 $ 21,408,873 $ 21,773,048 $ 22,252,162 2,040,480 2,185,762 2,311,405 2,240,269 2,012,281 544,283 102,282 96,992 103,625 152,020 154,126 169,413 1,419,869 2,471,962 2,055,783 2,125,776 4,015,591 4,073,061 ' S61,594 755,444 1,018,847 796,316 1,033,797 1,140,603 1,934,886 2,429,800 2,996,658 2,407,596 2,642,018 2,388,922 1,454,353 1,145,890 1,349,123 1,436,256 1,783,390 1,712,660 ' 1,023,368 1,096,578 1,160,771 1,177,715 1,197,288 1,262,393 324,461 316,324 258,165 288,946 278,913 257,345 1,256,353 840,898 593,336 2,232,966 965,333 (991,703) 271,758 444,877 592,831 511,453 559,702 642,422 � 11,045 7,150 11,484 2,750 1,801 51,425 1,311,479 651,052 778,400 828,999 788,171 785,927 '772,437 509,778 697,054 321,565 338,142 545,994 ' 341,756 165,345 450,972 139,581 127,166 99,024 32,742,904 34,662,419 36,087,580 36,071,081 37,670,767 34,933,931 ' 6,310,842 6,159,832 7,418,012 4,679,394 4,355,811 4,518,602 9,470,152 9,635,166 9,728,340 9,890,086 9,987,493 10,538,043 , 3,355,405 3,501,792 3,593,951 3,675,687 3,674,876 4,031,492 4,373,278 4,692,052 4,768,656 4,855,184 4,847,194 4,978,896 11,666,201 11,727,599 5,879,024 6,370,109 13,266,487 8,716,540 ' S,070,000 5,060,000 4,160,000 4,665,000 8,280,000 3,625,000 2,001,578 1,880,399 1,615,929 1,487,399 1,224,409 1,268,227 42,247,456 42,656,840 37,163,912 35,622,859 45,636,270 37,676,800 � (9,504,552) (7,994,421) (1,076,332) 448,222 (7,965,503) (2,742,869) ' 4,290,930 17,777,689 5,734,691 5,874,339 5,634,873 11,182,608 (2,967,903) (14,701,754) (3,680,241) (3,156,709) (4,559,768) (9,843,719) 11,520,000 2,775,000 3,965,000 1,345,000 6,775,000 9,000,000 ' (2,360,000) (2,400,000) (2,750,000) (3,920,000) _ _ 54,759 61,795 47,191 6,568 330,981 81,545 ' (110,621) - - - 120,765 48,309 109,558 169,776 110,905 199,710 10,547,930 3,561,039 3,426,199 318,974 8,291,991 10,620,144 , $ 1,043,378 $ (4,433,382) $ 2,349,867 $ 767,196 $ 326,488 $ 7,877,2'75 23.1% 22.4% 18.5% 21.0% 29.4% 16.9% ' -118- ' CITY OF APPLE VALLEY,MINNESOTA I Assessed and Estimated Actual Value of Taxable Property t Last Ten Fiscal Years , Industrial , Payable Residential Commercial and Utility Agricultural Year Property Property Property Property Apartments 2004 $ 31,865,114 $ 6,315,639 $ 794,575 $ 81,727 $ 1,837,253 ' 2005 36,407,099 6,790,699 964,239 85,607 2,188,421 2006 40,330,787 7,647,156 1,044,718 101,422 2,437,262 , 2007 43,306,059 8,7'73,678 1,222,863 98,543 2,666,783 2008 44,078,807 9,483,581 1,331,742 113,556 2,639,548 2009 43,107,127 10,171,716 1,225,657 127,972 2,564,523 2010 39,692,580 10,053,775 1,238,900 130,237 2,498,076 ' 2011 36,918,099 9,363,833 1,038,862 130,124 2,319,888 2012 32,937,899 9,210,935 1,004,132 116,719 2,445,781 2013 30,220,442 9,015,644 829,980 92,210 2,704,250 ' ' ' ' ' � ' ' , Note: The t� capacity (assessed taxable value) of the property is calculated by applying a statutory formula to the , estimated market value of the property. Source: Dakota County ' -119- ' ' Table 5 ' • ' Estimated Taxable Total Actual Assessed � Taxable Total Direct Taxable Value as a Personal Assessed Tax Capacity Market Percentage of Other Property Value Rate Value Actual Value � $ 3,783 $ 624,966 $ 41,523,057 39.610 $ 3,'732,010,300 1.11% 4,204 644,557 47,084,826 36.753 4,245,331,100 1.11% ' 4,505 643,081 52,208,931 35.690 4,704,286,700 1.11% 4,613 656,378 56,728,917 34.891 5,082,798,800 1.12% 4,829 684,166 58,336,229 35.537 5,202,130,200 1.12% 4,760 701,073 57,902,828 37.086 5,135,644,200 1.13°/a , 4,283 688,202 54,306,053 39.867 4,787,691,200 1.13% 3,959 '764,694 50,539,459 42.388 4,457,368,700 1.13°/a 2,316 773,692 46,491,474 44.110 4,061,762,557 1.14% ' 2,159 755,422 43,620,107 49.210 3,791,294,766 1.15% ' ' , ' , ' ' ' ' ' -120- � CITY OF APPLE VALLEY,MINNESOTA ' Table 6 Property Tax Capacity Rates ' Direct and Overlapping Governments Last Ten Fiscal Years City Direct Tax ' Capacity Rate Overlapping Tax Capacity Rates Total Direct and ' Fiscal Debt Total Dakota School Total Overlapping Tax Year General Service City County District(1) Other(2) Overlapping Rate 2004 39.592 0.018 39.610 30.300 26.074 5128 61.502 101.112 , 2005 36.743 0.010 36.753 28.267 26.251 5.217 59.735 96.488 2006 35.679 OA11 35.690 26.318 27.554 5.244 59.116 94.806 2007 34.881 0.010 34.891 25.127 23.607 5.024 53.758 88.649 ' 2008 35.528 0.009 35.537 25.184 21.136 4.996 51316 86.853 2009 37.078 0.008 37.086 25.821 21.109 4.916 51.846 88.932 2010 39.861 0.006 39.867 27.269 25391 4.987 57.647 97.514 2011 42.382 0.006 42.388 29149 26.959 5.199 61.307 103.695 ' 2012 44.104 0.006 44.110 31.426 28.440 5.562 65.428 109.538 2013 49199 0.011 49.210 33.421 27.956 5.884 67.261 116.471 ' City Direct Market Value T�Rate Overlapping Market Value Tas Rates ' Total Direct and Fiscal Debt Total Dakota School Total Overlapping Tax Yeaz Service City County District(1) Overlapping Rate , 2004 0.000142 0.000142 0.000075 0.001398 0.001473 0.001615 2005 0.000193 0.000193 0.000067 0.001086 0.001153 0.001346 2006 0.000180 0.000180 0.000059 0.002244 0.002303 0.002483 ' 2007 0.000171 0.000171 0.000052 0.002082 0.002134 0.002305 2008 0.000174 0.000174 0.000047 0.002127 0.002175 0.002348 2009 0.000311 0.000311 0.000047 0.002103 0.002150 0.002461 2010 0.000337 0.000337 0.000050 0.002227 0.002277 0.002614 ' 2011 0.000375 0.000375 0.000054 0.002260 0.002314 0.002689 2012 0.000417 0.000417 0.000055 0.002213 0.002268 0.002685 2013 0.000212 0.000212 0.000000 0.002354 0.002354 0.002566 ' , ' Note 1: Overlapping rates are those of local and county governments that apply to pmperty owners within the City of Apple Valley. ' Note 2: Not all overlapping rates apply to a11 City of Apple Valley property owners. (1) Independent School District No. 196 � (2) Includes Metropolitan Council,Mosquito Control Abatement,Metro Transit,Dakota County CDA, Light Rail,and Vermillion River Watershed Source: Dakota County � -121- ' ICITY OF APPLE VALLEY,MINNESOTA Table 7 ' Principal Property Taxpayers Current Fiscal Year and Nine Years Prior ' 2013 2004 ' Percentage Percentage of Total of Total Net Tax City Tax Net Tax City TaJc Capacity Capacity Capacity Capacity ' Taxpayer Value Rank Value Value Rank Value Target Corporation $ 529,574 1 1.21% $ 228,380 6 0.55% ' Principal Life Insurance Co. 521,802 2 1.20% 446,162 1 1.07% Individual 412,147 3 0.94% 350,000 3 0.84% CAR Apple Valley Square,LLC 372,974 4 0.86% — — ' Dakota Electric Association 341,814 5 0.78% 365,468 2 0.88% Centro Bradley Southport Centre,LLC 333,376 6 0.76% Apple Valley Leased Housing Assoc.III 285,860 7 0.66% — — ' Regent at Apple Valley LLC 274,679 8 0.63% — — Wal-Mart 264,752 9 0.61% 168,842 10 0.41% Wings Financial Federal Credit Union 258,358 10 0.59% — — ' Bradley Operating Ltd.Partnership = = 248,344 4 0.60% NWA Federal Credit Union 246,298 5 0.59% Apple Valley Square Corp. — — 203,108 7 0.49% Sam's Real Estate Business Trust — — 179,030 8 0.43% ' Fischer Sand&Aggregate Ca — — 169,370 9 0.41% Total $ 3,595,336 8.24% $ 2,605,002 6.27% ' ' ' ' ' � � ' Source: Dakota County -122- ' CITY OF APPLE VALLEY,MINNESOTA I Property Ta1c Levies and Collections , Last Ten Fiscal Years ' Collected Within the Taxes Levied for the Fiscal Year Fiscal Year of Levy ' MVHC/ Ag Credit and Fiscal Percentage , Fiscal Gross Operating Disparities Total Net of Year Tax Levy Received(1) Ta�c Levy Amount Levy 2004 $ 16,971,252 $ (3,791,235) $ 13,175,541 $ 13,055,185 99.09% ' 2005 17,929,158 (4,046,086) 13,914,367 13,751,640 98.83% 2006 19,030,124 (2,653,509) 16,374,234 16,159,262 98.69% 2007 20,094,045 (2,717,715) 17,334,233 17,047,283 98.34% � 2008 20,998,612 (2,955,499) 18,037,810 17,724,935 98.27% 2009 22,627,731 (3,436,931) 19,190,369 18,828,050 98.11% 2010 22,839,554 (3,815,622) 19,000,860 18,723,194 98.54% ' 2011 22,700,000 (3,612,353) 19,087,647 18,846,881 98.74% 2012 22,025,249 (2,821,637) 19,203,612 18,996,562 98.92% 2013 22,410,946 (2,751,166) 19,659,780 19,411,582 98.74% ' ' ' � ' ' ' ' (1) Property Taac Credits are aids provided by the State of Minnesota in the form of Market Value Homestead ' Credit(MVHC)and the Metropolitan Fiscal Disparities Program,which a portion of the commercial property values are shared among communities in the form of a reduction to the local property t� levy and receipts from the Fiscal Disparity Pool. � -123- ' ' Table 8 ' ' ' Total Collections to Date Delinquencies ' Collected Percentage as of Most of Recent Report Amount Levy ' $ 120,356 $ 13,175,541 100.00% 145,493 13,897,133 99.88% t 211,529 16,370,791 99.98% 263,219 17,310,502 99.86% 245,575 17,970,510 99.63% 272,953 19,101,003 99.53% ' 120,983 18,844,177 99.18% 202,183 19,049,064 99.80% 114,470 19,111,032 99.52% ' — 19,411,582 98.74% ' ' t ' ' ' ' , ' -124- , CITY OF APPLE VALLEY,MINNESOTA I Ratios of Outstanding Debt by Type ' Last Ten Fiscal Years Governmental Activities ' General General Special MSA Obligation Tax Obligation Assessments Road ' Fiscal Year Increment Bonds Bonds Bonds Bonds 2004 $ 1,905,000 $ 26,930,000 $ 21,200,000 $ — ' 2005 1,740,000 26,485,000 17,945,000 — 2006 1,575,000 17,370,000 18,645,000 — 2007 1,405,000 21,940,000 19,120,000 — ' 2008 1,230,000 25,795,000 19,530,000 — 2009 1,050,000 24,295,000 13,750,000 2,775,000 2010 865,000 20,535,000 14,750,000 2,775,000 2011 — 19,925,000 9,000,000 2,760,000 ' 2012 — 19,845,000 8,015,000 2,320,000 2013 27,590,000 6,205,000 1,760,000 ' t ' ' ' ' ' ' ' Note: Details regarding the City's outstanding debt can be found in the notes to basic financial statements. (1) See the Demographic and Economic Statistics schedule for personal income and population data. ' (2) Personal income at the level of the City of Apple Valley not available for years prior to 2007. (3) City of Apple Valley personal income not available for 2013. ' -125- ' ' Table 9 , ' Business-T e Activities YP Total Debt Total Percentage ' Revenue Capital Issuance Primary of Personal Per Bonds Lease Premiums/Discounts Government Income(1) Capita(1) ' $ 3,915,000 $ _ $ (31,140) $ 53,918,860 N/A(note 2) 1,103 4,185,000 (40,348) 50,314,652 N/A(note 2) 1,027 3,050,000 — (35,836) 40,604,164 N/A(note 2) 831 ' 2,580,000 — (32,696) 45,012,304 2.68°/a 910 5,405,000 50,505 (83,963) 51,926,542 2.81% 1,039 4,725,000 40,918 (75,771) 46,560,147 2.61% 943 ' 4,075,000 109,211 (60,584) 43,048,627 2.47°/a 877 6,100,000 77,975 (44,759) 37,818,216 2.10% 759 5,510,000 44,884 352,443 36,087,327 2.00% 723 5,025,000 190,645 395,280 41,165,925 N/A(note 3) 818 � ' � ' , ' ' ' � � , -126- ' CITY OF APPLE VALLEY,MINNESOTA I Ratios of General Bonded Debt ' Last Ten Fiscal Years ' General General Special MSA ' Fiscal Obligation Ta�c Obligation Assessments Road Year Increment Bonds Bonds Bonds Bonds 2004 $ 1,905,000 $ 26,930,000 $ 21,200,000 $ — ' 2005 1,740,000 26,485,000 17,945,000 — 2006 1,575,000 17,370,000 18,645,000 — 2007 1,405,000 21,940,000 19,120,000 — ' 2008 1,230,000 25,795,000 19,530,000 — 2009 1,050,000 24,295,000 13,750,000 2,775,000 2010 865,000 20,535,000 14,750,000 2,775,000 ' 2011 — 19,925,000 9,000,000 2,760,000 2012 — 19,845,000 8,015,000 2,320,000 2013 — 27,590,000 6,205,000 1,760,000 � , ' ' ' , ' ' � Note: Details regarding the City's outstanding debt can be found in the notes to basic financial statements. ' (1) See the Demographic and Economic Statistics schedule for personal income and population data. (2) Personal income at the level of the City of Apple Valley not available for years prior to 2007. (3) City of Apple Valley personal income is not available for 2013. ' -127- ' 1 Table 10 , ' Percentage of ' Less Amounts Tatcable Market Percentage of Available in Debt Value of Personal Per Service Funds Total Property Income Capita(1) , $ 11,287,830 $ 38,747,170 1.04°/a N/A(2) 793 10,400,480 35,769,520 0.84% N/A(2) 730 9,157,385 28,432,615 0.60% N/A(2) 582 ' 6,792,199 35,672,801 0.70% 2.12% 721 5,355,600 41,199,400 0.79% 2.23% 824 ' 7,239,227 34,630,773 0.67% 1.94% 701 10,393,064 28,531,936 0.60% 1.64% 581 9,455,268 22,229,732 0.50% 1.23% 446 8,176,337 22,003,663 0.54% 1.22% 441 ' 6,635,492 28,919,508 0.76% N/A(3) 575 ' � ' ' � ' ' � , ' -128- ' ' ' ' ' ' ' ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK � ' ' � ' , ' 1 ' ' ICITY OF APPLE VALLEY,MINNESOTA Table 11 ' Direct and Overlapping Governmental Activities Debt December 31,2013 ' City of ' Percentage Apple Valley's of Debt Share of Net Debt Applicable Overlapping Outstanding(1) to City Debt ' Overlapping Dakota County $ 46,400,000 11.21% $ 5,201,440 ' School Districts ISD No. 191,Burnsville—Eagan—Savage 108,795,000 0.72% 783,324 ISD No. 196 Rosemount—Apple Valley—Eagan 91,299,247 30.43% 27,782,361 Metropolitan Council(2) 2,133,674 1.48% 31,578 ' Metro Transit(3) 306,885,092 1.61% 4,940,850 Total overlapping 555,513,013 38,739,553 ' City of Apple Valley Direct Debt 35,555,000 100.00% 35,555,000 Total Direct and Overlapping Debt $ 591,068,013 $ 74,294,553 ' ' , Note 1: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the ' residents and businesses of the City. This process recognizes that, when considering the City's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. However,this does not imply that every taacpayer is a resident and, therefore, responsible for repaying the debt of ' each overlapping government. (1) As of December 31,2013,unless noted otherwise: ' (2) Deductions—$1,168,899,601 Metropolitan Waste Control Commission Debt. (a) Debt Service above is 100 percent self-supported from revenues of the Metro Sanitary Sewer System, although the bonds are full faith and credit bonds. ' (b) The only t� supported bond indebtedness is $12,470,000 as of March 20, 2014, less non-escrowed funds for debt of$10,356,326 as of December 31,2013. t (3) Metro Transit has bond indebtedness of $370,135,000, less non-escrow funds for debt service of$63,249,908. This debt is issued by the Metropolitan Council for all public transit operations in the transit district,of which Metro Transit is the largest public transit provider, and is payable from ad valorem taxes levied on all taxable property ' witl�in the Metropolitan Transit District. Source: Dakota County.Percentage of debt applicable is calculated by dividing a portion of tax capacity of the authority that ' lies in City of Apple Valley divided by the total tax capacity that lies in Dakota County. -129- ' CITY OF APPLE VALLEY,MINNESOTA ' Legal Debt Mazgin Information ' Last Ten Fiscal Years ' Fiscal Year 2004 2005 2006 2007 Debt limit $ 74,640,206 $ 84,906,622 $ 94,085,734 $ 101,655,976 ' Total net debt applicable to limit 26,930,000 26,485,000 17,370,000 21,940,000 ' Legal debt margin $ 47,710,206 $ 58,421,622 $ 76,715,734 $ 79,715,976 Total net debt applicable to the limit ' as a percentage of debt limit 36.08% 31.19% 18.46% 21.58% , � ' ' ' � ' ' ' � ' Note: The debt limit was raised from 2 percent to 3 percent of taxable market value,effective June 30,2008. ' -130- ' � Table 12 � ' , 2008 2009 2010 2011 2012 2013 $ 156,063,906 $ 154,069,326 $ 143,630,736 $ 133,721,061 $ 121,852,877 $ 123,111,918 , 25,795,000 24,295,000 20,535,000 19,830,000 19,845,000 19,790,000 $ 130,268,906 $ 129,774,326 $ 123,095,736 $ 113,891,061 $ 102,007,877 $ 103,321,918 � 16.53% 15.77% 1430% 14.83% 16.29% 16.07% ' Legal Debt Margin Calculation for Fiscal Year 2013 tMarket value $ 4,103,730,600 Debt limit(3%of assessed value) 123,111,918 ' � Debt applicable to limit 19,790,000 Legal debt margin $ 103,321,918 ' ' � � ' ' r ' ' -131- ' CITY OF APPLE VALLEY,MINNESOTA , Table 13 Pledged Revenue Coverage ' Last Ten Fiscal Years Li uor Store—Revenue Bonds ' 9 Operating Less Net ' Fiscal Revenues/ Operating Available Debt Service Year Gross Profit Expense Revenue Principal Interest Coverage 2004 $ 1,506,001 $ 1,072,153 $ 433,848 $ — $ — N/A ' 2005 1,649,094 1,138,919 510,175 — — N/A 2006 1,645,290 1,166,602 478,688 N/A 2007 1,939,508 1,212,725 726,783 N/A ' 2008 1,883,996 1,383,688 500,308 — 66,105 7.568 2009 2,501,430 1,656,559 844,871 115,000 132,210 3.418 2010 2,486,461 1,607,986 878,475 130,000 129,220 3389 ' 2011 2,557,573 1,601,269 956,304 135,000 125,450 3.672 2012 2,528,423 1,557,994 970,429 140,000 121,333 3.713 2013 2,685,372 1,595,221 1,090,151 145,000 116,436 4.170 � ' ' ' ' ' ' ' ' N/A—Not Applicable ' Note: Details regarding the City's outstanding debt can be found in the notes to basic financial statements. ' -132- ' ' CITY OF APPLE VALLEY,MINNESOTA Table 14 , Demographic and Economic Statistics Last Ten Fiscal Years ' Per , Capita Fiscal Personal Personal School Unemployment Year Population(1) Income Income(3) Enrollment(4) Rate(2) ' 2004 48,875 N/A N/A 11,976 3.60% 2005 48,988 N/A N/A 11,839 3.40% ' 2006 48,862 N/A N/A 11,655 330% 2007 49,456 $ 1,679,525,760 $ 33,960 11,445 3.70% 2008 49,983 1,850,720,541 37,027 11,348 4.50% ' 2009 49,376 1,782,325,472 36,097 11,216 7.00% 2010 49,084 1,740,027,800 35,450 11,291 6.80% 2011 49,801 1,801,750,379 36,179 11,264 5.60% ' 2012 49,895 1,801,658,555 36,109 11,219 5.30% 2013 50,326 N/A N/A 11,189 4.70% ' ' ' N/A—2013 data not available ' Sources: (1) U.S.Census Bureau,Population Division ' (2) Dakota County—Data from Bureau of Economic Analysis (3) City of Apple Valley—Data from Bureau of Economic Analysis(Data for Apple Valley is not available prior to (4) Schools located in the city boundaries of Independent School District No. 196, including Dakota Ridge School ' School Enrollment defined as adjusted ADMs(Average Daily Membership) ADM is weighted as follows in computing pupil units: � Early Childhood and ' Kindergarten— Handicapped Kindergarten Grade 4-6 Secondary ' Fisca12004 to 2007 Various 0.557 1.060 1300 Fisca12008 ' to 2013 Various 0.612 1.060 1.300 -133- , CITY OF APPLE VALLEY,MINNESOTA ' Table 15 Principal Employers ' Current Fiscal Year and Nine Years Prior ' 2013 2004 Percentage Percentage ' of Total of Total Taxpayer Employees Rank Employment Employees Rank Employment ISD No. 196 1,418 1 10% 1,418 1 11% ' Target 690 2 5°/a 690 2 5% Wal-Mart 475 3 3% 475 4 4% Dakota County 380 4 3% 380 3 3% ' Uponor 336 5 2% — — — Minnesota Zoological Gardens 300 6 2% 300 7 2% Apple Valley Health Care Center 290 7 2% 290 8 2% ' Apple Valley Redi-Mix 270 8 2% 270 9 2% Apple Valley Ford 216 9 2% — — — Wings Financial Federal Credit Union 210 10 1% — Apple Valley Medical Clinic 210 10 1% — — — ' Cub Foods — — 300 5 2% Fischer Sand and Aggregate Co. — — 295 6 2% ' Sam's Club — — 196 10 2% Total 4,795 33% 4,614 37% ' ' ' ' , ' ' ' Source:City of Apple Valley Community Development Deparhnent ' -134- ' ' CITY OF APPLE VALLEY,NUNNESOTA Table 16 Full-Time Equivalent City Govemment Employees by Function tLast Ten Fiscal Years ' Fiscal Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 General government ' Administration 3.12 3.00 3.00 3.00 3.00 3.00 3.00 2.81 3.00 3.00 Finance and data processing 5.35 5.00 5.00 5.00 5.00 4.95 5.00 5.00 4.71 4.00 Information and technology 3.12 3.18 3.13 3.21 3.21 3.20 3.17 3.21 333 3.24 Human resources 3.86 4.79 6.02 5.98 5.67 5.92 6.00 5.38 3.97 4.00 , City clerk/elections 2.93 2.48 1.20 1.42 1.68 1.50 1.65 ].73 2.05 1.81 Genera]government buildings 2.08 2.21 3.00 3.00 3.00 3.00 3.00 2.46 2.00 2.00 Community development 5.19 5.02 4.65 4.87 5.00 5.00 5.01 5.02 5.16 5.00 Code enforcement 2.12 2.00 2.77 3.00 2.98 2.15 2.00 ].71 1.82 2.00 Total genera]govemment 27.77 27.68 28.77 29.48 29.54 28.72 28.83 2732 26.04 25.05 ' Public safety Police 72.42 7130 71.86 63.62 63.97 64.00 62.00 60.09 58.72 61.16 Fire 15.93 17.71 16.17 17.43 16.49 18.94 16.44 18.45 18.40 18.63 ' Building inspections 630 6.17 5.74 5.86 5.91 5.99 4.93 4A2 5.07 522 Total public safety 94.65 95.18 93.77 86.91 8637 88.93 8337 82.56 82.19 55.01 Public works ' Public works administration 4.42 4.08 4.15 4.76 5.90 6.00 7.13 8.48 625 5.99 Central maintenance facility 6.00 5.78 5.80 5.53 5.51 5.50 5.52 5.48 5.25 534 Streets 16.29 16.23 16.16 16.17 1736 17.07 17.19 1'732 16.63 16.66 � Engineering(1) - - - - - - - 0.73 4.28 4.24 ' Total public works 26.71 26.09 26.11 26.46 28.77 28.57 29.84 32.01 32.41 3223 Culture and recreation Park and recreation administrarion 8.78 832 832 7.78 8.26 729 7.81 7.82 7.28 7.87 Recreation programs 8.66 7.22 7.18 732 7.25 7.02 7.84 7.41 6.16 6.76 ' Park maintenance 24.86 24.53 25.09 25.00 25.93 25.96 2527 25.06 25.02 23.09 Redwood Pool(2) 029 2.71 2.40 2.50 2.80 2.13 1.94 2.32 2.47 Aquatic swim center 11.16 12.24 9.71 9.81 9.27 13.92 12.85 1128 13.25 12.80 Community center 3.10 3.42 438 4.65 4.15 4.56 3.76 4.03 5.07 5.67 ' Hayes Community and Senior Center - - - - - 1.15 2.04 1.89 1.92 2.27 Cable TV 1.51 1.61 1.69 232 2.65 2.58 2.61 2.43 2.27 2.44 Total culture and recreation 58.07 57.63 59.08 59.28 60.01 65.28 6431 61.86 63.29 6337 Total general govemment 207.20 206.58 207.73 202.13 204.69 211.50 20635 203.75 203.93 205.66 ' Enterprise funds Municipal liquor(3) 15.52 1533 15.20 14.98 16.85 19.91 19.49 18.99 18.98 18.86 Municipal golf(4) 16.41 16.12 13.83 1233 1325 13.83 13.76 14.44 15.96 20.41 ' Sports arena 731 6.49 6.53 6.28 6.04 629 6.05 6.72 6.47 6.88 Water and sewer 17.17 17.26 17.61 17.94 18.11 18.88 18.58 18.45 18.84 18.14 Total enterprise funds 56.41 55.20 53.17 51.53 54.25 58.91 57.88 58.60 60.25 64.29 Total 263.61 261.78 260.90 253.66 258.94 270.41 264.23 26235 264.18 269.95 ' ' ' ' (1) The City engineering function begun in 2011 (2) Redwood Pool FTEs were combined with Aquatic Center prior to 2005 (3) Liquor Store number three opened in 2008 (4) New Expanded Golf Clubhouse opened September 2012 ' Source: City of Apple Valley Human Resources Office-FTEs based on hours worked during the fisca]year.Part-time employees converted to FTE based on 2080 hours per year. -135- , CITY OF APPLE VALLEY,MINNESOTA ' Operating Indicators by Function ' Last Ten Years Fiscal Yeaz , Function/Program 2004 2005 2006 2007 General govemment Elections 4 N/A 2 1 t Registered voters 34,845 N/A 33,315 30,341 Number of votes cast 28,939 N/A 21,964 4,518 Voter participation(registered)(elections are held every other year) 83.05% N/A 65.93% 14.89% ' Public safety Police Crimes-PartI (2) 1,568 1,639 1,590 1,002 Crimes-Part II (2) 3,605 3,742 3,700 2,087 ' Total azrests 2,818 2,893 3,106 2,400 DWI azrests 267 228 302 294 Traffic citarions issued 8,485 5,814 9,873 9,717 ' Total calls for service 37,732 36,153 40,606 39,860 Fire Calls for service 1,166 1,123 1,092 1,261 Medical 718 679 657 742 ' Fire 448 444 435 519 Fire call responses times under 5 minutes N/A N/A N/A N/A Fire call responses times 6-10 minutes N/A N/A N/A N/A Fire call responses times over 10 minutes N/A N/A N/A N/A ' Public works Building permits issued 958 809 689 745 Permits issued for new dwelling units 342 206 67 92 ' Commercial building permits issued 94 116 93 118 Plumbing permits issued 1,172 1,063 1,019 1,024 Heating permits issued 644 613 582 622 BuildinginspecUons 5,160 3,937 3,813 4,510 Streets maintained(lane miles) 395 398 399 401 , Cul-de-sacs maintained 306 309 312 313 Snow/ice events 23 38 22 34 Signs replaced - - 277 315 ' Boulevazd h-ees ri-immed 624 850 1,256 1,000 Fleet division vehicle work orders 1,582 1,604 1,584 1,561 Diseased elm and oak trees mirigated 1,317 956 637 738 Lakes and ponds monitored with water quality samples 13 14 I S 17 ' Sump catch basins cleaned 1,464 1,209 1,498 1,338 Sewage pumped(million gallons) 1.4 1.3 1.2 1.2 Miles of sanitary sewer cleaned 83.0 52.8 57.7 57.0 Sanitary lift station inspections 1,716 1,716 1,716 1,716 ' Water produced(million gallons) 2.5 23 2.6 2.6 Water samples hken 1,128 1,098 1,098 1,128 Fire hydrants maintained 2,033 2,050 2,083 2,230 Pressure stationsinspected 12 13 13 13 Air relief manholes inspected 13 15 15 15 ' Hydrant flushing 1,325 3,520 5,400 3,845 Hydrant flushing(minutes) - - - - Water breaks repaired 18 10 9 9 Burial sites sold 59 58 52 43 ' Burials 29 29 31 37 N/A-Not Available Note: Part I and Par[II crimes from State of Minnesota Department of Public Safety Bweau of Criminal Apprehension Minnesota Justice Information Services ' Uniform Crime Report for 2002 to 2006 part I and Part II crime data from 2007 on is from the City's Police Deparhnent Annual Report. Source: Various City of Apple Valley Departments ' -136- ' ' Table 17 ' ' 2008 2009 2010 2011 2012 2013 ' 2 N/A 2 N/A 2 N/A 36,003 N/A 32,094 N/A 35,354 N/A 29,262 N/A 21,271 N/A 29,715 N/A ' 81.28% N/A 66.28% N/A 84.05% N/A � 1,555 1,366 1,565 1,230 1,187 1,124 2,901 2,542 2,364 2,072 1,970 1,756 2,278 2,137 1,985 1,963 1,962 1,307 251 288 205 213 145 160 ' 8,088 7,997 6,329 7,587 6,670 5,726 41,682 41,049 38,335 40,272 39,223 35,215 1,380 1,307 1,340 1,408 1,417 1,454 , 840 735 712 792 639 636 540 572 628 616 778 818 40% 41% 37% 40% 42% 44% 51% 48% 52% 51% 49% 46% ' 9% 11% 11% 9% 9% 10% 672 577 1,241 1,630 1,398 1,005 , 41 91 228 31 47 63 110 73 102 71 96 113 900 912 920 886 1,027 1,090 521 557 771 540 692 786 ' 4,028 3,470 3,621 5,187 6,890 6,848 404 405 407 408 410 410 313 314 329 329 330 331 50 48 35 29 25 53 ' 271 385 500 460 700 411 1,256 1,600 1,800 5,200 2,137 1,990 1,689 1,733 1,735 1,751 1,850 1,890 863 729 588 486 260 430 ' 17 18 18 18 18 18 1,492 1,406 1,505 1,303 1,400 885 12 1.2 1.2 1.2 1.2 1.3 69.2 47.6 64.20 72.1 75.0 77.0 ' 1,716 1,716 1,716 1,716 1,716 1,716 2.5 2.4 2.1 2.3 2.4 2.4 1,098 1,098 1,128 1,098 1,098 1,098 2,388 2,401 2,405 2,410 2,410 2,444 ' 13 13 13 13 13 13 15 15 15 15 15 15 7,045 3,050 5,250 1,020 - - - - 24,455 24,189 ' 7 20 12 16 10 16 59 50 44 56 70 59 40 32 36 38 43 45 , , . -137- , CITY OF APPLE VALLEY,MINNESOTA t Capital Assets Statistics by Function/Program ' Last Ten Years Fiscal Year ' Function/Program 2004 2005 2006 2007 Public safety , Police Stations 1 1 1 1 ' Marked squad units 16 18 18 18 Fire Stations 3 3 3 3 Fire engine trucks 5 5 5 5 � Fire ladder trucks 2 2 2 2 Fire brush/rescue trucks 1 1 1 1 Public works ' Streets(centerline miles) 167 168 171 171 Cul-de-sacs 306 309 312 313 ' Trees maintained 7,000 7,000 7,000 7,000 Parks Parks 48 49 49 49 ' Total park acreage 841 844 847 847 Trails(miles) 62 65 65 65 Athletic complexes 4 4 4 4 ' Golf course 1 1 1 1 Community centers 2 2 2 2 Senior center 1 1 1 1 ' Pools/aquatic centers 2 2 2 2 Ice arenas 2 2 2 2 Water ' Number of connections 14,037 15,121 15,279 15,342 Miles of water mains and laterals 230 231 233 235 Wells 18 18 18 19 ' Water valves 3,460 3,507 3,565 3,600 Fire hydrants 2,033 2,050 2,083 2,230 Water reservoirs 4 4 4 5 Reservoir capacity(millions of gallons) 11 11 11 13 ' Sanitary sewer Number of connections 13,678 14,746 14,889 14,940 ' Miles of sanitary sewer mains and laterals 187 189 190 191 Sanitary lift stations 9 9 9 9 Sanitary manholes 5,221 5,2�2 5,315 5,315 , Storm sewer Lift stations 10 10 10 11 N/A—Not Available ' Source: Various City Departments ' -138- ' , Table 18 1 , 2008 2009 2010 2011 2012 2013 ' ' 1 1 1 1 1 1 18 18 20 23 23 23 ' 3 3 3 3 3 3 5 5 5 5 5 5 2 2 2 2 2 2 1 1 1 1 1 1 ' 171 171 171 172 172 175 � 313 314 329 329 329 329 7,000 9,500 9,500 9,500 9,500 9,330 ' 49 49 50 50 50 50 847 847 879 879 879 879 65 65 65 65 65 65 ' 4 4 5 5 5 5 1 1 1 1 1 1 2 2 2 2 2 2 ' 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 ' 15,413 15,464 15,518 15,566 15,596 15,674 240 240 241 241 241 245 � 19 19 19 19 19 19 3,680 3,705 3,712 3,726 3,751 3,774 2,388 2,401 2,405 2,410 2,410 2,438 5 5 5 5 5 5 ' 13 13 13 13 13 13 ' 14,989 15,033 15,087 15,130 15,160 15,229 193 193 193 194 194 200 9 9 9 9 9 9 ' S,335 5,360 5,372 5,384 5,384 5,466 12 12 12 12 12 12 ' ' -139- ' ' ' ' , ' ' ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' 1 ' ' 1 ' ' ' t ' ' ' ' ' ' ' Management Report ' for � City of Apple Valley,Minnesota December 31, 2013 ' ' � � � ' � ' ' , ' ' ' ' ' , , ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' � � ' ' � ' ' ' ' ' PRINCIPALS Thomas M.Montague,CPA Thomas A.Karnowski,CPA ' Paul A.Radosevich,CPA William J.Lauer,CPA C E R T I F I E D P U B L I C James H.Eichten,CPA A C C O U N T A N T S Aaron J.Nielsen,CPA ' Victoria L.Holinka,CPA ' t To the City Council and Management ' City of Apple Valley,Minnesota ' We have prepared this management report in conjunction with our audit of the City of Apple Valley, Minnesota's (the City) financial statements for the year ended December 31, 2013. The purpose of this report is to provide comments resulting from our audit process and to communicate information relevant ' to city fmances in Minnesota. We have organized this report into the following sections: • Audit Summary ' • Governmental Funds Overview � Enterprise Funds Overview � Government-Wide Financial Statements ' • Legislative Updates • Accounting and Auditing Updates , We would be pleased to further discuss any of the information contained in this report or any other concerns that you would like us to address. We would also like to express our thanks for the courtesy and assistance extended to us during the course of our audit. ' The purpose of this report is solely to provide those charged with governance of the City, management, and those who have responsibility for oversight of the financial reporting process comments resulting from our audit process and information relevant to city fmances in Minnesota. Accordingly, this report is ' not suitable for any other purpose. /�/'C lL.��f �/�� hRJl.t�t�?�f 'fi�, �jr t--C+�y �. � • �� ' Minneapolis,Minnesota June 2�, 2014 ' � ' ' ' Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkr.com ' , , ' ' ' ' ' ' THIS PAGE INTENTIONALLY LEFT BLANK ' ' � , ' ' ' ' , ' ' AUDIT SUMMARY ' The following is a summary of our audit work, key conclusions, and other information that we consider important or that is required to be communicated to the City Council, administration, or those charged ' with governance of the City. OUR RESPONSIBILITY UNDER AUDITING STANDARDS GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA AND GOVERNMENTAUDITING STANDARDS ' We have audited the fmancial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended ' December 31, 2013 and the related notes to the financial statements. Professional standards require that we provide you with information about our responsibilities under auditing standards generally accepted in the United States of America and Government Auditing Standards, as well as certain informatiori related , to the planned scope and timing of our audit. We have communicated such information to you verbally and in our audit engagement letter. Professional standards also require that we communicate the following information related to our audit. ' PLANNED SCOPE AND TIMING OF THE AUDIT � We performed the audit according to the planned scope and timing previously discussed and coordinated in order to obtain sufficient audit evidence and complete an effective audit. AUDIT OPINION AND FINDINGS ' Based on our audit of the City's financial statements for the year ended December 31,2013: ' • We have issued an unmodified opinion on the City's basic fmancial statements. • We reported one matter involving the City's internal control over fmancial reporting that we ' considered to be a significant deficiency. Due to the limited size of the City's staff, the City has limited segregation of duties in several areas. This finding is further detailed in the City's Special Purpose Audit Reports. ' • The results of our testing disclosed no instances of noncompliance required to be reported under GovernmentAuditing Standards. 1 • We reported two findings based on our testing of the City's compliance with Minnesota laws and regulations. These findings, as further detailed in the City's Special Purpose Audit Reports, ' include the following: o Payroll Payment Declaration o Money Market Mutual Fund Not Properly Rated ' ' ' ' -1- ' , OTHER OBSERVATIONS AND RECOMMENDATIONS Written Accounting Procedures , As part of our audit for the year ended December 31, 2013, we noted the City does not have adequate documentation of the components of internal controls, including internal control policies and procedures. ' Through our audit testing, we were able to review and observe many of the City's controls to assure they are implemented and functioning as designed. However, we noted that most of these policies and procedures are not documented in writing, including governance-level controls such as policies for ' fraud-risk assessment and monitoring of controls by management. Implied or verbal policies and procedures are subject to greater variation of ineaning and the likelihood of misinterpretation increases when a policy is not written. The lack of appropriate documentation may also impair management's ' ability to communicate control procedures to those responsible for their performance or to monitor control performance effectively. We recommend the City establish written internal control policies and procedures for the City, including governance-level controls over the control environment, risk assessment, information and communication, and monitoring. , Tracking Capital Assets During our audit of capital assets, we noted the City does not tag any of its capital assets, specifically � equipment. Tagging capital assets would allow the City to more effectively track assets. We recommend the City develop a system of maintaining more detailed information on capital assets to , ensure proper control of their assets. We also noted some of the capital assets are maintained using Microsoft Excel spreadsheets. Using , spreadsheets to track and depreciate capital assets is inefficient and provides a higher risk of errors. We recommend the City Council and administration continue the process of implementing the capital � asset module in the City's finance system to increase efficiency and effectiveness of this purpose. Arbitrage During our audit, we noted the City has not completed all the calculations to ensure compliance with ' Internal Revenue Service(IRS)arbitrage regulations. Congress enacts statutes, and the IRS within the Treasury Department promulgates rules and regulations � relating to tax-exempt bonds and arbitrage. These laws include: the Internal Revenue Code of 1986 as amended (the Code), Treasury Regulations, Revenue Procedures, and Private Letter Rulings. ' Section 148(fl(2) of the Code was implemented to minimize the benefit of investing tax-exempt bond proceeds at a profit. Generally, tax-exempt bond issues that were issued on or after September 1, 1986 are subject to the ' arbitrage rebate requirements. The arbitrage rebate requirements require that any profit or "arbitrage" be "rebated" to the federal government. The rebate amount due to the federal government is equal to the excess of the amount earned on all non-purpose investments purchased with gross proceeds of the bonds ' over the amount, which would have been earned if such non-purpose investments were invested at a rate equal to the yield on the bonds. A rebate computation and payment to the federal government, if applicable, is required to be made at least , every five years or each "rebate installment computation date" and upon final redemption or maturity of the bonds "final rebate computation date." The payment is due to the federal government within 60 days from either each rebate installment computation date or final rebate computation date. ' We recommend the City complete the necessary steps to ensure compliance with these requirements. Failure to comply with these federal rebate requirements could lead to substantial late filing penalties and , interest and/or potentially the loss of tax-exempt status for the bonds. -2- ' ' SIGNIFICANT ACCOUNTING POLICIES ' Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 of the notes to basic financial statements. No ' new accounting policies were adopted, and the application of existing policies was not changed during the year. We noted no transactions entered into by the City during the year for which there is a lack of authoritative ' guidance or consensus. All significant transactions have been recognized in tlie fmancial statements in the proper period. ' ACCOUNTING ESTIMATES AND MANAGEMENT JUDGMENTS Accounting estimates are an integral part of the financial statements prepared by management and are , based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the fmancial statements and because of the possibility that future events affecting them may differ ' significantly from those expected. The most sensitive estimates affecting the financial statements were: • Depreciation — Management's estimates of depreciation expense are based on the estimated ' useful lives of the assets. • Net Other Post-Employment Benefit(OPEB)Liabilities—Actuarial estimates of the net OPEB ' obligation is based on eligible participants, estimated future health insurance premiums, and estimated retirement dates. � Compensated Absences — Management's estimate is based on current rates of pay and unused ' compensated absence balances. • Self-Insurance Reserves —Management's estimates of self-insurance reserves are based on the ' estimated liability for incurred but not reported claims. We evaluated the key factors and assumptions used to develop these accounting estimates in determining ' that they are reasonable in relation to the basic fmancial statements taken as a whole. The fmancial statement disclosures are neutral, consistent,and clear. ' CORRECTED AND UNCORRECTED MISSTATEMENTS ' Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Where applicable, management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management, when applicable, ' were material, either individually or in the aggregate, to each opinion unit's fmancial statements taken as a whole. ' DIFFICULTIES ENCOUNTERED IN PERFORMING THE AUDIT We encountered no significant difficulties in dealing with management in performing and completing our ' audit. ' -3- , ' DISAGREEMENTS WITH MANAGEMENT For purposes of this report, professional standards define a disagreement with management as a fmancial , accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the fmancial statements or the auditor's report. We are pleased to report that no such ' disagreements arose during the course of our audit. MANAGEMENT REPRESENTATIONS We have requested certain representations from management that are included in the management t representation letter dated June 27,2014. MANAGEMENT CONSULTATIONS WITH OTHER INDEPENDENT ACCOUNTANTS ' In some cases, management may decide to consult with other accountants about auditing and accounting ' matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the ' consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge,there were no such consultations with other accountants. OTHER AUDIT FINDINGS OR ISSUES ' We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these ' discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. OTHER MATTERS I With respect to the supplementary information accompanying the financial statements, we made certain ' inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information ' is appropriate and complete in relation to our audit of the fmancial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the basic financial statements or to the basic fmancial statements themselves. ' With respect to the introductory section and statistical section accompanying the financial statements, our procedures were limited to reading this other information and, in doing so, we did not identify any material inconsistencies with the audited financial statements. , ' ' ' ' -4- . ' ' GOVERNMENTAL FUNDS OVERVIEW ' This section of the report provides you with an overview of the fmancial trends and activities of the City's governmental funds, which includes the General Fund, special revenue, debt service, and capital project ' funds. These funds are used to account for the basic services the City provides to all of its citizens,which are financed primarily with property taxes. The governmental fund information in the City's financial statements focuses on budgetary compliance, and the sufficiency of each governmental fund's current ' assets to fmance its current liabilities. PROPERTY TAXES � Minnesota cities rely heavily on local property tax levies to support their governmental fund activities. In recent years this dependence has been heightened, as economic conditions have resulted in reductions to other revenue sources such as state aids and fees generated from property development or redevelopment. t Despite these conditions, property taxes levied by Minnesota cities increased a record low 0.9 percent state-wide for 2012, and 2.27 percent for 2013. Almost one-third of Minnesota cities kept their 2013 levy at the same level as the previous year,while another 13 percent reduced their levies for 2013. � Economic conditions have also had a profound effect on the tax base of Minnesota cities with state-wide taxable market values declining each of the last four levy years, including average decreases of ' 8.8 percent and 4.5 percent for taxes payable in 2012 and 2013, respectively. There is optimism that this trend is reversing, as the market value decline for the 2013 levy year was the smallest of the past four years. However, since the assessed valuation used for levying property taxes is based on values from the previous fiscal year (e.g. the market value for taxes payable in 2013 is based on estimated values as of ' January 1, 2012), taxable market value improvement has lagged behind recent upturns in the housing market and the economy in general. ' The City's taxable market value decreased 8.9 percent for taxes payable in 2012 and 6.7 percent for taxes payable in 2013. The following graph shows the City's changes in taxable market value over the past 10 years: ' Ta�ble Market Value $6,000,000,000 ' $5,000,000,000 ' $4,000,000,000 $3,000,000,000 , $2,000,000,000 $1,000,000,000 1 $ 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 ' ' ' -5- ' ' Tax capacity is considered the actual base available for taxation. It is calculated by applying the state's property classification system to each property's market value. Each property classification, such as � commercial or residential, has a different calculation and uses different rates. Consequently, a city's total tax capacity will change at a different rate than its total market value, as tax capacity is affected by the proportion of the City's tax base that is in each property classification from year-to-year, as well as ' legislative changes to tax rates. The City's tax capacity decreased 8.0 percent and 6.2 percent for taxes payable in 2012 and 2013,respectively. The following graph shows the City's change in tax capacities over the past 10 years: , Tax Capacity $70,000,000 � $60,000,000 $50,000,000 ' $40,000,000 $30,000,000 ' $20,000,000 $10,000,000 $— t 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 The following table presents the average tax rates applied to city residents for each of the last two levy ' years, along with comparative state-wide and metro area rates. The general increase in rates reflects both the increased reliance of local governments on property taxes and the recent decline in tax capacities. ' Rates expressed as a percentage of net tax capacity ' All Cities Seven-County City of State-Wide Metro Area Apple Valley ' 2012 2013 2012 2013 2012 2013 Average tax rate City 463 48.8 43.4 46.1 44.1 49.2 ' County 46.8 48.5 45.0 47.1 31.4 33.4 ' School 273 28.5 28.5 303 28.4 27.9 Special taxing 6.8 7.2 8.7 9.4 5.5 5.8 ' Total 127.2 133.0 125.6 132.9 109.4 116.3 � As seen in the table above, the average tax rate in 2013 for the City increased over the prior year. The ' City certified a total levy that increased in the current year and had a decline in tax capacity resulting in an average tax rate increase. ' -6- ' ' GOVERNMENTAL FUND BALANCES ' The following table summarizes the changes in the fund balances of the City's governmental funds during the year ended December 31,2013,presented both by fund balance classification and by fund: � Governmental Funds Change in Fund Balance , Fund Balance ' as of December 31, Increase 2012 2013 (Decrease) ' Fund balances of governmental funds Total by classification Nonspendable $ 241,212 $ 90,745 $ (150,467) � Restricted 11,435,144 20,966,147 9,531,003 Committed 210,005 154,100 (55,905) Assigned 31,818,016 26,366,589 (5,451,427) ' Unassigned 264,842 4,268,913 4,004,071 Total governmental funds $ 43,969,219 $ 51,846,494 $ 7,877,275 ' Total by fund General $ 13,375,516 $ 14,226,384 $ 850,868 Closed Bond Issues 7,256,638 7,161,368 (95,270) ' Improvement Bonds of 2006 (1,378,887) (667,921) 710,966 Improvement Bonds of 2007 (731,186) (984,813) (253,627) 200U2008B Refunding ' ImprovementBonds — (2,500,601) (2,500,601) 1997 Park Bonds 176,892 (176,892) Road Improvements (3,958,742) (3,507,744) 450,998 ' Future Capital Projects 15,864,837 13,151,914 (2,712,923) Nonmajor 13,364,151 24,967,907 11,603,756 Total governmental funds $ 43,969,219 $ 51,846,494 $ 7,877,275 t In total, the fund balances of the City's governmental funds increased by $7,877,275 during the year � ended December 31, 2013. During 2013, the City issued $9,000,000 in general obligation crossover refunding bonds that are currently held in escrow, pending the call date of the bonds to be refunded. This transaction increased the restricted classification of governmental funds balance. � ' ' ' -7- ' ' GOVERNMENTAL FUND REVENUES The following table presents the per capita revenue of the City's governmental funds for the past three ' years, along with state-wide averages. We have included the most recent comparative state-wide averages available from the Office of the State ' Auditor to provide a benchmark for interpreting the City's data. The amounts received from the typical major sources of governmental funds revenue will naturally vary between cities based on factors such as the City's stage of development, location, size and density of its population, property values, services it , provides, and other attributes. It will also differ from year-to-year due to the effect of inflation and changes in the City's operation. Also, certain data on these tables may be classified differently than how they appear on the City's financial statements in order to be more comparable to the state-wide ' information,particularly in separating capital expenditures from current expenditures. We have designed this section of our management report using per capita data in order to better identify ' unique or unusual trends and activities of your city. We intend for this type of comparative and trend information to complement, rather than duplicate, information in the Management's Discussion and Analysis. An inherent difficulty in presenting per capita information is the accuracy of the population � count,which for most years is based on estimates. Governmental Funds Revenue per Capita ' With State-Wide Averages by Population Class ' State-Wide City of Apple Valley Year December 31,2012 2011 2012 2013 , Population 2,500-10,000 10,000-20,000 20,000-100,000 49,801 49,895 50,326 Property taxes $ 414 $ 382 $ 416 $ 430 $ 436 $ 442 Tax increments 32 44 46 45 40 11 ' Franchise fees and other taxes 29 36 30 27 27 28 Special assessments 60 54 62 43 80 81 Licenses and pernuts 24 24 35 16 21 23 , Intergovernmental revenues 278 279 138 48 53 47 Charges for services 104 81 83 29 36 50 Other 66 58 50 87 61 12 Total revenue $ 1,007 $ 958 $ 860 $ 725 $ 754 $ 694 ' The City's governmental funds have generated significantly less revenue per capita in total than other ' Minnesota cities in its population class. As noted above, the City receives a lower level of intergovernmental revenue than the average city, causing the City to rely on property taxes and other � forms of revenue to operate the governmental activities of the City. The City generated $34,933,931 of total revenue in its governmental funds in 2013, a decrease of ' $2,736,836 (7.3 percent) from the prior year. The City's per capita governmental funds revenue for 2013 was $694, a decrease of $60, or 8.0 percent, from the prior year. The largest changes occurred with a decrease in other revenue and tax increments. Other revenue decreased due to the significant negative ' market value adjustments on the City's investment portfolio. The decrease in tax increments is a result of the decertification of Tax Increment Financing(TIF)District#13 in the prior year. , -8- � ' The expenditures of governmental funds will also vary from state-wide averages and from year-to-year, ' based on the City's circumstances. Expenditures are classified into three types as follows: • Current — These are typically the general operating type expenditures occurring on an annual , basis, and are primarily funded by general sources such as taxes and intergovernmental revenues. • Capital Outlay and Construction—These expenditures do not occur on a consistent basis, more � typically fluctuating significantly from year-to-year. Many of these expenditures are project-oriented, and are often funded by specific sources that have benefited from the expenditure, such as special assessment improvement projects. ' • Debt Service —Although the expenditures for debt service may be relatively consistent over the term of the respective debt, the funding source is the important factor. Some debt may be repaid through specific sources such as special assessments or redevelopment funding, while other debt ' may be repaid with general property taxes. The City's expenditures per capita of its governmental funds for the past three years, together with � state-wide averages, are presented in the following table: ' Governmental Funds Expenditures per Capita With State-Wide Averages by Population Class ' State-Wide City of Apple Valley Year December 31,2012 2011 2012 2013 Population 2,500-10,000 10,000-20,000 20,000-100,000 49,801 49,895 50,326 ' Current General government $ 127 $ 101 $ 84 $ 94 $ 87 $ 90 ' Public safety 234 229 241 199 200 209 Street maintenance 114 105 92 74 74 80 Parks and recreation 82 95 86 97 97 99 All other 73 75 92 — — — ' $ 630 $ 605 $ 595 $ 464 $ 458 � 478 ' Capital outlay and construction $ 315 $ 313 $ 221 $ 128 $ 266 $ 173 Debt service ' Principal $ 187 $ 135 $ 103 $ 94 $ 166 $ 72 Interest and fiscal 58 46 39 30 25 25 $ 245 $ 181 $ 142 $ 124 $ 191 $ 97 ' As the above table reflects, the City's current expenditures per capita have also been below the state-wide , average. Total expenditures in the City's governmental funds for 2013 were $37,676,800, a decrease of$7,959,470 ' (17.4 percent). The City's per capita governmental funds current expenditures increased $20, which was spread across all functions. Capital outlay experienced a decrease of$93 per capita, consistent with the drop in street reconstruction improvements completed in the current year. Debt service expenditures ' experienced a decrease of$94 per capita as established with the scheduled payment plans approved at the time of issuing debt and the current refunding of a bond in the prior year. -9- ' ' GENERAL FUND The City's General Fund accounts far the financial activity of the basic services provided to the � community. The primary services included within this fund are the administration of the municipal operation,police and fire protection, building inspection, streets and highway maintenance, and parks and ' recreation. The graph below illustrates the change in the General Fund financial position over the last five years. We have also included a line representing annual expenditures to reflect the change in the size of the General Fund operation over the same period. � General Fund Financial Position Year Ended December 31, $25,000,000 � �,..,.�..,..,�.�,�----' $22,5 00,000 ��--�-� � """�� $20,000,000 ' $17,500,000 $15,000,000 $12,500,000 � $10,000,000 $7,500,000 ' $5,000,000 $2,500,000 $- i2009 2010 2011 2012 2013 O Fund Balance ' �Cash Balance(Net of Interfund Borrowing) ~�°�Expenditures The City's General Fund cash and investments balance (net of interfund borrowing) at December 31, ' 2013 was $11,356,150, an increase of $235,250 from the previous year. Total fund balance at December 31, 2013 was $14,226,384, an increase of$850,868 from the prior year. Having an appropriate fund balance is an impartant factor in assessing the City's fmancial health because ' a government, like any organization,requires a certain amount of equity to operate. Generally,the amount of equity required typically increases as flie size of the operation increases. A healthy fmancial position � allows the City to avoid volatility in tax rates; helps minimize the impact of state funding changes; allows for the adequate and consistent funding of services, repairs, and unexpected costs; and can be a factor in determining the City's bond rating and resulting interest costs. ' The City Council has formally adopted a fund balance policy tbat states the City will strive to maintain a minimum unassigned General Fund balance of 50 percent of the subsequent year's budgeted amount for ' property taxes for working capital in addition to an amount equal to 6 months of operating expenditures. At December 31, 2013, the unassigned fund balance of the General Fund was 48.7 percent of the subsequent year's amended budgeted expenditures. � ' , -10- ' ' The following graph reflects the City's General Fund revenue sources for 2013 compared to budget: ' General Fund Revenue ' Taxes Licenses and Permits ' Intergovemmental Charges for Services ' Other �, o000 0000 000 0000 0�0 0�0 0�0 0�0 0�0 0�0 000 ti°� �� °°o �� o�� ti�� o�� o�� ti��o, ' � ' � � ' � ' �ti ' �� ' �ti �ti ' �,ti �,ti �ti ■Budget ❑Actual ' Total General Fund revenues for 2013 were $199,601 (0.7 percent) over the final budget. Licenses and permits and intergovernmental were over budget $337,103 and $100,093, respectively. The licenses and permits variance was due to more than anticipated building-related activities. Intergovernmental revenue ' was over budget due to more than anticipated fire relief aid. These variances were offset by other revenue and charges for services being under budget $147,804 and $85,980, respectively. The other .revenue variance is a result of the negative market value adjustment on the City's investment portfolio that is not ' budgeted. The charges for services variance is due to less than anticipated parks and recreation participation. , The following graph presents the City's General Fund revenues by source for the last five years: General Fund Revenue by Source t Year Ended December 31, $22,000,000 $20,000,000 $18,000,000 } � � $16,000,000 �� `� $14,000,000 �� $12,000,000 ��` � $10,000,000 �� $8,000,000 �`` $6,000,000 ��" � $4,000,000 �, s �� F. �� x $2,000,000 � �_ � �,t � � $— Taxes Intergovernmental Other t ■2009 ■2010 ❑201 1 ■2012 ■2013 � Total General Fund revenues for 2013 was $27,099,854, an increase of$3,098,218 (12.9 percent) from the previous year. The reason for the increase was in tax revenue, which increased $2,973,325 as a result of the increased General Fund levy in the current year and due to the Road Improvement levy being recorded in the General Fund in the current year. ' � -11- ' ' The following graph reflects the City's General Fund expenditures compared to budget for 2013: General Fund Expenditures � General Government ' Public Safety Public Works , Parks and Recreation �' oo° oo° oo° oo° oo° oo° oo° oo° oo° oo° oo° oo° ' o� o, o� o� o, o, o, o^ o, o, o^ o, �oo �oo �oo �oo �oo �oo ^oo �oo �oo �oo �oo 00 � � � � � ' � � � ' � ' �� "� ' ■Budget ❑Actual Total General Fund expenditures for 2013 were $24,625,113, which was $1,142,318 (4.4 percent) less ' than budget. This variance was spread across all functions. General government was under budget $400,119 due to open staff positions and an unspent budget for contingencies. Parks and recreation was under budget $281,117 mostly in the parks maintenance, recreation programs, and Apple Valley ' Community Center departments. Public works function was under budget $231,671 with the largest variance in the streets department. The remaining variance was in public safety which was $229,411 under budget mainly in the police protection and fire protection departments. ' The following graph presents the City's General Fund expenditures by function for the last five years. General Fund Eapenditures by Function ' Year Ended December 31, $11,000,000 $10,000,000 ' $9,000,000 $8,000,000 $7,000,000 ' $6,000,000 $5,000,000 � $4,000,000 = :��. �. $3,000,000 =��` $2,000,000 � �� ' � $1,000,000 '',' �_� ��> ��¢��` $— General Govermnent Public Safety Public Works Parks and Recreation ' ■2009 ■2010 ❑2011 ■2012 ■2013 General Fund expenditures increased by $1,604,924, or 7.0 percent, from the prior year, mainly due to the � $695,356 increase in public safety expenditures and the $398,580 increase in public works expenditures. Public safety expenditures increased mainly due to personal service costs in the police protection department. The increase in public works expenditures is mainly in the streets department due to ' increased wages and costs for additional road salt as a result of the unusual and extended winter weather in the current year. � -12- , 1 ENTERPRISE FUNDS OVERVIEW ' The City maintains several enterprise funds to account for services the City provides that are financed primarily through fees charged to those utilizing the service. This section of the report provides you with ' an overview of the financial trends and activities of the City's enterprise funds, which includes the Municipal Liquor, Municipal Golf Course, Sports Arena, Water and Sewer, Storm Drainage, Cemetery, and Street Light Utility Funds. ' The enterprise funds comprise a considerable portion of the City's activities. These funds significantly help to defray overhead and administrative costs and provide additional support to general government operations by way of annual transfers. We understand that the City is proactive in reviewing these ' activities on an ongoing basis and we want to reiterate the impartance of continually monitoring these operations. Over the years, we have emphasized to our city clients the importance of these enterprise fund operations being self-sustaining, preventing additional burdens on general government funds. This would � include the accumulation of net position for future capital improvements and to provide a cushion in the event of a negative trend in operations. ' ENTERPRISE FUNDS FINANCIAL POSITION The following table summarizes the changes in the financial position of the City's enterprise funds during ' the year ended December 31, 2013,presented both by classification and by fund: ' Enterprise Funds Change in Financial Position � Net Position as of December 31, Increase 2012 2013 (Decrease) � Net position of enterprise funds Total by classification � Net investment in capital assets $ 110,376,210 $ 118,410,631 $ 8,034,421 Restricted 319,582 303,823 (15,759) Unrestricted 19,030,882 13,279,529 (5,751,353) ' Total enterprise funds $ 129,726,674 $ 131,993,983 $ 2,267,309 Total by fund ' Municipal Liquor $ 4,220,340 $ 4,615,810 $ 395,470 Municipal Golf Course 2,361,612 2,027,807 (333,805) Sports Arena 780,320 786,681 6,361 ' Water and Sewer 84,262,057 85,459,634 1,197,577 Storm Drainage 36,367,571 37,305,234 937,663 Cemetery 1,630,188 1,688,973 58,785 � Street Light Uriliry 104,586 109,844 5,258 Total enterprise funds $ 129,726,674 $ 131,993,983 $ 2,267,309 � In total, the net position of the City's enterprise funds increased by $2,267,309 during the year ended December 31, 2013. The increase in the net investment in capital assets reflects the continued investment � in utility infrastructure and other capital assets. -13- , � MUNICIPAL LIQUOR FUND The following graph presents five years of operating results for the Municipal Liquor Fund: , Municipal Liquor Fund , Year Ended December 31, $10,000,000 $9,000,000 , $8,000,000 $7,000,000 ' $6,000,000 $5,000,000 � $4,000,000 $3,000,000 ' $2,000,000 $1,000,000 a�..._ _ �.�... .,,, �; $— ' 2009 2010 2011 2012 2013 O Sales �Cost of Sales � �Operating Expenses °-°--°Operating Income(Loss) The Municipal Liquor Fund ended 2013 with a net position of$4,615,810, an increase of$395,470 from � the prior year. Of this, $1,228,604 represents the investment in liquor capital assets, $303,823 is restricted for debt service, and$3,083,383 is in unrestricted net position. Liquor sales for 2013 were $9,380,818, $148,928 (1.6 percent) higher than the prior year. Other than the ' slight decrease in 201 l, sales have steadily increased over the last several years, increasing by about 6.9 percent since 2009. The Municipal Liquar Fund generated operating income of $1,090,151 in 2013, or � 11.62 percent of gross sales, which is a slight increase from the 10.51 percent of gross sales in fiscal 2012. The Municipal Liquor Fund gross profit margin was 28.63 in fiscal 2013, slightly up from 27.39 in fiscal ' 2012. ' , , ' ' -14- ' ' MUNICIPAL GOLF COURSE FUND � The following graph presents�ve years of operating results for the Municipal Golf Course Fund: ' Municipal Golf Course Fund Year Ended December 31, $1,200,000 ' $1,000,000 $800,000 ' $600,000 ' $400,000 $200,000 --— ' " ` $— � ' $(200,000) 2009 2010 2011 2012 2013 0 Operaring Revenue ' �Operating Expenses(Excluding Depreciation) �Cost of Goods Sold o Depreciation ' Operating Income(Loss) The Municipal Golf Course Fund ended 2013 with a net position of$2,027,807, a decrease of$333,805 � from the prior year. Of this, $4,359,589 represents the investment in golf course land and capital assets, leaving a deficit of($2,331,782) in unrestricted net position. ' Municipal Golf Course Fund operating revenues for 2013 were $1,167,654, which is $44,863 more than last year. Operating expenses (excluding depreciation)for 2013 were $1,089,819, an increase of$132,537 from the prior year. Depreciation expense increased $76,496 related to the new clubhouse. On an annual basis, this fund has had to borrow from other funds to fund cash flow and capital needs. This interfund ' borrowing was a total of$2,219,846 at December 31, 2013. We recommend the City continue to monitor the financial results in this fund and continue to update the � long-range fmancial plan for this fund. ' ' ' ' -15- , ' SPORTS ARENA FUND The following graph presents five years of operating results for the Sports Arena Fund: ' Sports Arena Fund ' $800,000 Year Ended December 31, $700,000 ' $600,000 $500,000 ' $400,000 $300,000 � $200,000 $100,000 � � � � � � ' r� : � � � S��iy� �w«..,� ��" ,, �..� �� , �r� � �,,,� : $- �.,.,..�. ,.., $(100,000) I 2009 2010 2011 2012 2013 o Sales and User Fees ' �Operating Expenses(Excluding Depreciation) �Nonoperating Revenue(Expense) �--�--°°Income(Loss) ' The Sports Arena Fund ended 2013 with a net position of$786,681, an increase of$6,361 from the prior year. Of the net position balance, $1,204,652 represents investments in sports arena capital assets, leaving � a deficit of($417,971)of unrestricted net position. Sports Arena Fund operating revenues for 2013 were $643,855, a slight decrease of$3,279 from the prior ' year. Operating expenses (including cost of goods sold) for 2013 were $746,354, a slight decrease of $6,694 from the prior year. On an annual basis, this fund has had to borrow from other funds to fund cash flow needs. This interfund borrowing was a total of$673,343 at December 31, 2013. ' We recommend the City continue to monitar the financial results in this fund and continue to update the long-range fmancial plan for this fund. ' , ' t ' -16- ' ' WATER AND SEWER FUND ' The following graph presents five years of operating results for the Water and Sewer Fund: ' Water and Sewer Fund Year Ended December 31, $10,000,000 ' $9,000,000 $8,000,000 ' $7,000,000 $6,000,000 ' $5,000,000 $4,000,000 ' $3,000,000 $2,000,000 °�°�.�� .�..� $1,000,000 ' $— 2009 2010 2011 2012 2013 ' OOperating Revenue �Operating Expenses °---°—Operating lncome(Loss) , The Water and Sewer Fund ended 2013 with a net position of $85,459,634, an increase of $1,197,577 from the prior year. Of this, $75,170,911 represents the investment in water and sewer distribution system capital assets, leaving $10,288,723 of unrestricted net position. ' Water and Sewer Fund operating revenue was $8,949,608 for 2013, a decrease of$307,101 (3.3 percent) from the prior year due to the decreased consumption. Operating expenses of$7,776,510 were $562,138 ' (7.8 percent)more than last year due to increased repair and maintenance projects and increased costs for sewer charges. ' Although this fund is in a healthy fmancial position, we suggest that the City continue to review the water and sewer rates on an annual basis. Water and sewer rates are generally designed to cover operating costs and provide an accumulation of resources for significant repairs and replacements, and an operating ' cushion for potential negative years in fmancial operations. ' ' ' ' -17- , ' STORM DRAINAGE FUND The following graph presents five years of operating results for the Storm Drainage Fund: ' Storm Drainage Fund ' Year Ended December 31, $1,600,000 $1,400,000 ' $1,200,000 $1,000,000 ' $800,000 $600,000 ' ,,� . ,,�,, $400,000 , $200,000 $ ' 2009 2010 2011 2012 2013 DOperating Revenue � �Operating Expenses Operating[ncome(Loss) The Storm Drainage Fund ended 2013 with a net position of$37,305,234, an increase of$937,663 from � the prior year. Of this, $35,433,121 represents the investment in storm drainage capital assets, leaving $1,872,113 of unrestricted net position. Storm Drainage Fund operating revenues for 2013 were $1,505,136, which was a slight decrease of ' $11,954 from the prior year. Operating expenses for 2013 were $989,295, which was $52,304 higher than the prior year due to , increased utility charges as the City began allocating utility charges to this fund in the current year. ' , , ' , ' -18- ' 1 STREET LIGHT UT[LITY FUND , The following graph presents the first four years of operating results for the Street Light Utility Fund: ' Street Light Utility Fund Year Ended December 31, $500,000 ' $450,000 $400,000 ' $350,000 $300,000 � $250,000 $200,000 ' $150,000 $100,000 $50,000 � .r� ' $_ .. . 2010 2011 2012 2013 O Operating Revenue ' �Operating Expenses Operating Income(Loss) � The Street Light Utility Fund ended 2013 with a net position of$109,844, an increase of$5,258 from the prior year, which is all in unrestricted net position. , Street Light Utility Fund operating revenues for 2013 were $449,885, a slight decrease of$4,592 from the prior year. ' Operating expenses for 2013 were $444,106, a slight decrease of$3,848. ' � ' ' ' , -19- ' , CEMETERY FUND The following graph presents�ve years of operating results for the Cemetery Fund: ' Cemetery Fund , Year Ended December 31, $140,000 $120,000 ' $100,000 $80,000 ' $60,000 � $40,000 � �.�� $20,000 ' $— 2009 2010 2011 2012 2013 ' O Operating Revenue �Operating Expenses �°°�--°Operating Income(Loss) � The Cemetery Fund ended 2013 with a net position of$1,688,973, an increase of$58,785 from the prior ' year. Of the net position balance, $1,013,754 represents investments in cemetery capital assets, leaving $675,219 of unrestricted net position. Cemetery Fund operating revenues for 2013 were $123,197, a slight increase of $4,538 from the prior ' year. Operating expenses for 2013 were $51,472, a decrease of $17,904 from the priar year mainly in contractual services and supplies and repairs. ' ' � ' ' ' ' -20- ' ' GOVERNMENT-WIDE FINANCIAL STATEMENTS � In addition to fund-based information, the current reporting model for governmental entities also requires the inclusion of two government-wide fmancial statements designed to present a clear picture of the City ' as a single, unified entity. These government-wide statements provide information on the total cost of delivering services, including capital assets and long-term liabilities. STATEMENT OF NET POSITION �I ' The Statement of Net Position essentiall tells ou what our cit owns and owes at a iven oint in time Y Y Y Y g P � the last day of the fiscal year. Theoretically, net position represents the resources the City has leftover to ' use for providing services after its debts are settled. However, those resources are not always in spendable form, or there may be restrictions on how some of those resources can be used. Therefore, the Statement of Net Position divides the net position into three components: � • Net Investment in Capital Assets—The portion of net position reflecting equity in capital assets (i.e. capital assets minus related debt). , • Restricted Net Position — The portion of net position equal to resources whose use is legally restricted minus any noncapital-related liabilities payable from those same resources. • Unrestricted Net Position — The residual balance of net position after the elimination of net ' investment in capital assets and restr-icted net position. The following table presents the components of City's net position as of December 31, 2013 and 2012, ' for governmental activities and business-type activities: � As of December 31, Increase 2012 2013 (Decrease) Net position ' Governmental activities Net investment in capital assets $ 64,226,520 $ 70,526,658 $ 6,300,138 Restricted 17,001,111 18,619,396 1,618,285 , Unrestricted 43,609,670 38,654,601 (4,955,069) Total governmental activities 124,837,301 127,800,655 2,963,354 ' Business-type activities Net investment in capital assets 110,376,210 118,410,631 8,034,421 Restricted 319,582 303,823 (15,759) t Unrestricted 19,030,882 13,228,257 (5,802,625) Total business-type activities 129,726,674 131,942,711 2,216,037 ' Total net position $ 254,563,975 $ 259,743,366 $ 5,179,391 , The City's total net position at December 31, 2013 was $5,179,391 higher than previous year-end. Of the increase, $2,963,354 came from governmental activities and $2,216,037 came from business-type activities. The increase in both of these is due to the positive operating results of the City. ' II ' ' -21- ' ' STATEMENT OF ACTIVITIES The Statement of Activities tracks the City's yearly revenues and expenses, as well as any other � transactions that increase or reduce total net position. These amounts represent the full cost of providing services. The Statement of Activities provides a more comprehensive measure than just the amount of ' cash that changed hands, as reflected in the fund-based financial statements. This statement includes the cost of supplies used, depreciation of long-lived capital assets, and other accrual-based expenses. The following table presents the change in the net position of the City for the years ended December 31, ' 2013 and 2012: 2012 2013 � Program Net Change Expenses Revenues Net Change ' Net(expense)revenue Governmental activities ' General government $ (4,699,602) $ 5,012,638 $ 2,527,609 $ (2,485,029) Public safety (10,015,061) 11,336,972 1,249,594 (10,087,378) Public warks (464,802) 6,905,011 4,130,423 (2,774,588) � Parks and recreation (4,810,986) 6,345,937 1,271,031 (5,074,906) Interest and fiscal charges (1,235,351) 1,194,974 — (1,194,974) Business-type activities Municipalliquar 853,899 8,419,472 9,380,818 961,346 ' Municipal golfcourse (161,380) 1,507,451 1,168,154 (339,297) Sports arena (40,999) 759,930 643,855 (116,075) Water and sewer 3,745,528 7,794,274 9,878,602 2,084,328 � Stormdrainage 1,948,516 1,052,087 2,176,540 1,124,453 Cemetery 59,549 51,472 123,197 71,725 Streetlightutiliry 6,523 444,106 449,885 5,779 � Total net(expense)revenue (14,814,166) $ 50,824,324 $ 32,999,708 (17,824,616) General revenues ' Property taxes 23,901,928 22,760,147 Other taxes 111,911 169,413 Franchise taxes 1,180,281 1,262,393 ' Grants and contributions not restricted to specific programs 145,755 40,397 Other general revenues 49,498 186,872 ' Investment earnings(net of market value adjustment) 1,415,517 (1,415,215) Gain on sale of assets 110,905 — Total general revenues 26,915,795 23,004,007 , Change in net position $ 12,101,629 $ 5,179,391 , One of the goals of this statement is to provide a side-by-side comparison to illustrate the difference in the way the City's governmental and business-type operations are financed. The table clearly illustrates the ' dependence of the City's governmental operations on general revenues, such as property taxes and unrestricted grants. It also shows that, for the most part, the City's business-type activities are generating sufficient program revenues (service charges and program-specific grants) to cover expenses. This is critical given the current downward pressures on the general revenue sources. ' -22- , ' LEGISLATIVE UPDATES ' Despite an improving economy, the 2013 Legislature faced the familiar prospect of having to address a significant projected deficit in order to adopt a balanced budget for the next biennium. The November ' 2012 fmancial forecast projected a deficit of $1.1 billion in the state General Fund for the 2014-2015 biennium, which was revised down to a$627 million deficit in the February 2013 forecast. Even with this challenge, there was an expectation that with one political party holding the Governor's office and ' majorities in both the House and Senate, this biennial budget agreement would be reached more quickly and easily than the previous one, which featured numerous vetoes, a special session, and the longest shutdown of non-essential state government services in Minnesota history. While in the end there was no special session or govenunent shutdown, the 2013 session still stretched until the final day allowable � under the state constitution,with the last bill passed at midnight. � The following is a summary of recent legislative activity affecting the finances of Minnesota cities in ' 2013 and into the future: Local Government Aid (LGA) — The state-wide LGA appropriation for fiscal 2013 was set to ' increase about 2.8 percent to $426.4 million. However, the 2012 Legislature froze 2013 LGA payments at 2012 levels for cities with a population of 5,000 or more. For cities with populations below 5,000,2013 LGA was the greater of their 2012 aid or the amount they would have received for ' 2013 under existing law. The 2013 Legislature completely overhauled the LGA formula for fiscal year 2014 and thereafter, ' creating a three-tiered formula that includes separate "need factor" calculations for cities with populations under 2,500, between 2,500 and 10,000, or over 10,000. The new formula simplifies the LGA calculation, and is designed to reduce the volatility of the LGA distribution by limiting the amount it may decline in a given year. Under the new formula, each city's LGA distribution for 2014 ' will be no less than their 2013 LGA. Beginning in 2015, any reduction to a city's LGA distribution will be limited to the lesser of$10 per capita, or 5 percent of their previous year net tax levy. For cities that gain under the new formula, the increases will be distributed proportionate to their unmet ' need, as determined by the new "need factor" calculations. The state-wide LGA appropriation is $507.6 million for fiscal 2014, $509.1 million for 2015, and $511.6 million for fiscal 2016 and thereafter. , Levy Limits —A levy limit for city property tax levies payable in 2014 was established for all cities with populations exceeding 2,500. The levy limit base is the certified levy (excluding special levies) � plus the certified LGA for taxes payable in fisca12012 or 2013, whichever is greater, increased by 3 percent. The levy limit is equal to the base, less the city's certified LGA for fiscal 2014. Levies for special purposes such as debt service, abatements, or voter-approved purposes, are not subject to this ' limitation. Market Value Definitions — A number of levy, tax, spending, debt, and similar limits that had previously been computed based on"market value" or"taxable market value"must now be computed � based on"estimated market value."This change was enacted to eliminate the effects of the homestead market value exclusion established in 2011. ' Levy Authority for Watershed Management Plan—Cities are granted the authority to levy taxes to provide funding far the implementation of a comprehensive watershed management plan. ' Tax Status of Leased Tax-Exempt Property — Tax-exempt property owned by a political subdivision and held under a lease for a term of at least one year, or under a contract for the purchase thereof, is considered to be the property of the person holding it for all purposes of taxation. This ' change makes the tax treatment of leased property owned by local governments consistent with leased property owned by the federal government. -23- , , Tax Increment Financing (TIF) — A number of changes and clarifications were made to rules governing the use of TIF, including: , • The prohibition on using tax increments for improvements or equipment primarily of a decorative or aesthetic nature, or with costs twice as high due to the selection of materials or designs compared to more commonly used improvements or equipment, is eliminated. ' • The four-year rule originally applying to TIF Districts certified between January 1, 2005 and Apri120,2009 is extended through December 31,2016. • Development authorities may elect to reduce the original net tax capacity of qualifying TIF , districts for the effects of the homestead market value exclusion that replaced the homestead tax credit program. • Taxes paid by captured tax capacity of TIF districts that are attributable to the new general ' education levy authorized by the 2013 Legislature, will be paid to the school district that imposes the levy. Park Dedication Fees — A clarification was made to define the basis on which a city calculates a ' park dedication fee charged to a developer in lieu of dedicating land for park usage. The fee must be calculated on the fair market value of the land as annually determined by the city based on tax valuation or other relevant data. The new law also provides a method for resolving valuation disputes , through negotiation or the use of independent appraisals of land in the same land use category. Host Community Economic Development Grants —A new program was created that will provide ' grants for the acquisition and improvement of publicly owned capital assets for metro-area cities that host waste disposal facilities. No local matching funds are required. Change to Small Cities Development Block Grants — The Minnesota Department of Employment ' and Economic Development is now allowed to provide a forgivable loan through the Small Cities Development Block Grant Program directly to a private enterprise. The city in which the private ' enterprise is located is no longer required to submit an application,only a resolution of support. Wastewater and Stormwater Funding— Several changes were made to wastewater and stormwater grant and loan programs administered by the Public Facilities Authority. The changes include ' expanded eligibility for some programs, and increased grant or loan ceilings for others. Sales Tax Exemption—Cities are exempted from paying sales tax on qualifying purchases, effective ' for purchases made on or after January 1, 2014. This exemption does not include purchases of goods or services to be used as inputs to goods or services cities provide to the public that are generally provided by a private business, such as liquor stores, golf courses, marinas, or fitness centers. � Cities with a population over 500 will be required to include a property tax savings report along with its proposed 2013 payable 2014 property tax levy certification, with the amount of sales or use taxes ' paid or estimated to have been paid in fisca12012. Cities must also discuss the savings resulting from the sales tax exemption at their fall truth-in-taxation public hearings. Organized Solid Waste Collection—The process for imposing the city-organized collection of solid , waste was streamlined and better defined. The previous 180-day process for cities to adopt organized collection of solid waste was eliminated. The process now begins with a 60-day period in which cities may negotiate with collectors currently operating in the city,thereby giving them the first opportunity ' to develop a proposal for organized collection. If the 60-day negotiation period ends without an agreement, a city may continue the process by passing a resolution to form a committee to study the methods of organizing collection and make recommendations. A city must provide public notice and ' hold at least one public hearing before deciding to implement organized collection. ' -24- ' ' Pensions —An omnibus pension bill was passed that made a number of changes to both state-wide ' pension plans and single employer relief associations, including: • Changes to the Public Employees Retirement Association(PERA) General Plan: ' o The "average salary" for determining surviving spouse and dependent benefits was redefined. o A number of clarifications were made to what constitutes"salary"for plan purposes. ' o Changes were made to the level of annual post-retirement adjustments, which will vary based on the funding level of the plan. • Changes to the PERA Police and Fire Plan: o Increases employee contribution rate from 9.6 percent of salary to 10.2 percent for ' fisca12014, and 10.8 percent for fiscal 2015 and thereafter. o Increases employer contribution rate from 14.4 percent of salary to 15.3 percent for fisca12014, and 16.2 percent for fisca12015 and thereafter. � o A 20-year proportional vesting period was established for new hires beginning in 2014, under which the member becomes 50 percent vested after 10 years, and vests an additional5 percent annually until fully vested at 20 years. ' ' o The retirement annuity formula calculation was changed to incorporate the effect of the new 20-year vesting period, and a new cap of 33 years on allowable service time included in the annuity calculation. ' o The early retirement reduction factor was increased from the current 2.4 percent per year to 5 percent,phased in over a 5-year period beginning July 1, 2014. o Changes were made to the level of annual post-retirement adjustments, which will vary based on the funding level of the plan. ' • Changes to single employer relief associations: o The threshold of assets at which police relief associations and salaried or volunteer ' fire relief associations must prepare fmancial statements and have them audited by an independent auditor was raised from$200,000 to $500,000. o Volunteer firefighter relief associations are now required to pay a supplemental survivor benefit whenever it pays a survivor benefit, regardless of whether it is ' authorized in the association bylaws. o Any change to the interest rate paid during the deferral period of lump-sum service pensions must be approved by the governing body of the city or independent ' firefighting corporation to which the association is related. In addition, a new supplemental state aid was created to provide funding for pension plans. An annual � allotment of $15.5 million will be distributed among the PERA Police and Fire Plan ($9 million), municipal volunteer firefighter associations ($5.5 million allocated based on proportionate share of fire state aid), and the Minnesota State Retirement System State Patrol Plan($1 million). ' Expansion of Debt Authority— Several changes were made to expand the allowable uses of certain types of debt, including: ' • Home rule charter city or statutory city capital notes are allowed to be used for the purchase of application development services and training related to the use of computer hardware and software. • Capital improvement program (CIP) bonds are allowed to be used for expenditures incurred ' before the adoption of the CIP, if the expenditures are included in the plan. � Street reconstruction bonds are allowed to be used for bituminous overlay projects, which previously had not been included in the definition of reconstruction. ' ' -25- ' ' Authorized Investments — The list of authorized investments for cities was expanded to include: revenue obligations issued by local governments without levy authority that are rated AA or better; ' short-term (13 month maturity or less) obligation issued by a school district that is either rated in the highest credit rating category or covered by the State of Minnesota Credit Enhancement Program; and short-term (18 month maturity ar less) guaranteed investment contracts when the issuer's or ' guarantor's short-term debt is rated in the highest rating category, even if their long-term debt is rated below the top two rating categories. Elections — The Legislature passed an omnibus elections policy bill that made a number of changes ' and clarifications to election requirements, including: • Establishing"no excuse"absentee balloting; • Increasing the time for counting absentee ballots from 4 days prior to the election to 7; ' • Reducing the number of people a voter may vouch for in a polling place from 15 to 8; • Eliminating the requirement to have at least one telecommunications device for deaf voter registration in every city of the first, second, or third class; � • Requiring that the municipal clerk designated to administer absentee ballots also be responsible far the administration of a"ballot board"; • Reducing the number of election judges required in a precinct for elections other than a , general election from 4 to 3, for precincts with more than 500 voters; and allowing the minimum number of three election judges for all elections including general elections for precincts with less than 500 registered voters; ' • Modifying the vote differentials requiring publically funded recounts to 0.25 percent in elections where more than 50,000 votes are cast, and 0.5 percent for elections in which between 400 and 50,000 votes are cast; , • Amending the time period in which cities are prohibited from holding a special election from the first 40 days following a general election to the first 56 days; • Increasing the number of days' notice a city clerk must provide to a county auditor before ' holding a municipal election from 67 to 74 days; and • Establishing a pilot program and task force for the use of electronic rosters of voters. Alternative Bid Publication for Projects Funded by Special Assessments — A technical change , was made to eliminate duplicative publication requirements for projects funded with special assessments. The definition of"recognized industry trade journal"was broadened to include websites or electronic publications, thereby eliminating circumstances that were forcing cities utilizing an , alternative electronic publication method to also publish written notice for certain projects. Met Council Allocated Costs — A change was made to allow cities that are allocated costs by the ' Met Council to request the cost be deferred, or to be paid over time on a payment schedule with interest as agreed to by the Met Council. Liquor Licensing—An omnibus liquor bill was passed that made several changes to liquor licensing , and distribution. Among the changes are: authorizing cities with municipal liquor operations to issue brewer taproom licenses that allow consumption on the premises or adjacent to malt liquor breweries; , authorizing cities to issue brewers a license for off-sale of malt liquor packaged by the brewer; providing for the sale of malt-liquor educator licenses that will allow malt liquor tastings and education to be conducted similar to wine tastings; and allowing micro-distilleries to provide product , samples on site. Tax-Exempt Holding Period for Development Property — The tax exempt holding period for city-owned land held for development is increased from 9 to 15 years for property acquired between ' January 1, 2000 and December 31, 2010, or for property located in a city outside of the metro area with a population under 20,000. ' -26- ' � Cifizen Contact Information Classified as Private Data—Citizen contact information submitted to '� � cities in order to receive certain notifications or to subscribe to the city's electronic publications, such I as phone numbers or email addresses, is now classified as private data. The names of people on such lists remain public information. ' Criminal History and Background Checks — Cities are authorized to perform criminal history I checks on applicants for: city employment, volunteer positions, or a license that does not otherwise t subject the applicant to a criminal history check. Such criminal history checks may not be substituted for statutorily mandated background checks. Background checks are now required for all fire department applicants, and are allowed for current ' fire department employees. The fire chief is also required to perform criminal history record checks of applicants. , , ' ' � ' ' ' ' II i '� ' II i 1 III'� ', ' ' -27- ' ' , ACCOUNTING AND AUDITING UPDATES GASB STATEMENT NO.67—FINANCIAL REPORTING FOR PENSION PLANS—AN AMENDMENT OF ' GASB STATEMENT NOS.25 A1vD 50 The primary objective of this statement is to improve financial reporting by state and local government ' pension plans. GASB Statement No. 67 replaces the requirements of GASB Statement Nos. 25 and 50 for pension plans that are administered through trusts or equivalent arrangements that meet the following ' criteria: contributions from employers and nonemployer contributing entities to the pension plan and earnings on those contributions are irrevocable, pension plan assets are dedicated to providing pensions to plan members in accordance with the benefit terms; and pension plan assets are legally protected from the creditors of employers, nonemployer contributing entities, and the pension plan administrator. If the plan , is a defined benefit pension plan, plan assets also are legally protected from creditors of the plan members. The requirements of GASB Statement Nos. 25 and 50 remain applicable to�pension plans that are not administered through trusts covered by the scope of this statement and to defined contribution ' plans that provide post-employment benefits other than pensions. The statement makes a number of changes in the fmancial statement presentation, measurement, and required disclosures relating to the reporting of these types of pension plans. This statement is effective for financial statements for fiscal ' years beginning after June 15, 2013. Earlier application is encouraged. GASB STATEMENT NO.68-ACCOUNTING AND FINANCIAL REPORTING FOR PENSIONS-AN ' AMENDMENT OF GASB STATEMENT NOS.27 AND 50 The primary objective of this statement is to improve accounting and financial reporting by state and local ' governments for pensions. This statement replaces the requirements of GASB Statement Nos. 27 and 50, as they relate to pensions that are provided through pension plans administered as trusts or equivalent arrangements that meet certain criteria (as described earlier for GASB Statement No. 67). The requirements of GASB Statement Nos. 27 and 50 remain applicable for pensions that are not covered by , the scope of this statement. This statement establishes standards for measuring and recognizing liabilities, deferred outflows of , resources, deferred inflows of resources, and expense/expenditures. In addition, this statement details the recognition and disclosure requirements for employers with liabilities (payables) to a defined benefit pension plan and for employers whose employees are provided with defined contribution pensions. This ' statement also addresses circumstances in which a nonemployer entity has a legal requirement to make contributions directly to a pension plan. This statement is effective for fmancial statements for fiscal years beginning after June 15,2014. Earlier application is encouraged. ' Included in this statement are major changes in how employers that participate in cost-sharing pension plans, such as the Teachers' Retirement Association (TRA) and PERA, account for pension benefit expenses and liabilities. In financial statements prepared using the economic resources measurement ' focus and accrual basis of accounting (government-wide and proprietary funds), a cost-sharing employer that does not have a special funding situation is required to recognize a liability for its proportionate share of the net pension liability of all employers with benefits provided through the pension plan. A ' cost-sharing employer is required to recognize pension expense and report deferred outflows of resources and deferred inflows of resources related to pensions for its proportionate share of collective pension expense and collective deferred outflows of resources and deferred inflows of resources related to ' pensions. In addition,the effects of(1)a change in the employer's proportion of the collective net pension liability and (2) differences during the measurement period between the employer's contributions and its proportionate share of the total of contributions from employers included in the collective net pension ' liability are required to be determined. These effects are required to be recognized in the employer's pension expense in a systematic and rational manner over a closed period equal to the average of the expected remaining service lives of all active and inactive employees that are provided with pensions ' through the pension plan. -28- ' ' GASB STATEMENT NO.69—GOVERNMENT COMBINATIONS AND DISPOSALS OF GOVERNMENT ' OPERATIONS This statement provides accounting and financial reporting guidance, including disclosure requirements, � for government combinations and disposals of government operations. Government combinations include mergers, acquisitions, and transfers of operations. Included within the scope of this statement are combinations of governmental entities, or combinations of governmental entities with nongovernmental ' entities (such as a nonprofit entity), as long as the new or continuing organization is a government. This statement does not apply to combinations in which a government acquires an organization that continues to exist as a separate entity, or acquires an equity interest in an organization that remains legally separate from the acquiring government. A disposal of operations occurs when a government either transfers or ' sells specific operations. The provisions of this statement are effective for financial statements for periods beginning after December 15,2013. Earlier application is encouraged. ' CHANGES TO REQUIREMENTS FOR FEDERAL GRANTS In December 2013, the U.S. Office of Management and Budget (OMB) issued "Uniform Administrative ' Requirements,Cost Principles, and Audit Requirements for Federal Audits,"which supersedes all or parts of eight OMB circulars; consolidating federal cost principles, administrative principles, and audit requirements in one document. The "Super Circular" includes a number of significant changes to the ' federal Single Audit process, including an increase in dollar threshold for requiring a Single Audit, changes to the thresholds and process used for determining major programs, a reduction in the percentage of expenditures required to be covered by a Single Audit, revised criteria for determining low-risk ' auditees, and an increase in the threshold for reporting questioned costs. The draft version of this guidance also included proposed reductions in the nuxnber of compliance requirements to be tested in a Single Audit, but final guidance on those changes will not be available until an updated compliance supplement is issued in 2014. ' , � , ' � ' t ' -29- ' , ' ' ' ' � ' ' , THIS PAGE INTENTIONALLY LEFT BLANK ' t ' ' , � ' ' ' ' ' ' , ' ' ' CITY OF APPLE VALLEY DAKOTA COUNTY,MINNESOTA � Special Purpose Audit Reports ' Year Ended December 31,2013 ' , ' ' ' ' ' ' ' ' ' � � � � � � � � � THIS PAGE INTENTIONALLY LEFT BLANK ' ' ' ' , ' ' ' ' , ' CITY OF APPLE VALLEY DAKOTA COUNTY,MINNESOTA ' Table of Contents ' ' Page Independent Auditor's Report on Internal Control Over Financial Reporting and on ' Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With GovernmentAuditing Standards 1-2 ' Independent Auditor's Report on Minnesota Legal Compliance 3 Schedule of Findings and Responses 4-5 , ' ' ' ' t ' ' ' ' ' ' , ' ' ' ' ' , ' ' , THIS PAGE INTENTIONALLY LEFT BLANK ' ' ' ' ' ' ' ' ' ' ' PRINCIPALS Thomas M.Montague,CPA Thomas A.Karnowski,CPA , Paul A.Radosevich,CPA William J.Lauer,CPA C E R T I F I E D P U B L I C James H.Eichten,CPA A C C O U N T A N T S Aaron J.Nielsen,CPA ' Victoria L.Holinka,CPA , INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS ' BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS ' ' To the City Council and Management City of Apple Valley,Minnesota ' We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the fmancial statements of the governmental ' activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Apple Valley, Minnesota (the City) as of and for the year ended December 31, 2013, and the related notes to the fmancial statements, which collectively comprise the City's basic financial statements, ' and have issued our report thereon dated June 27,2014. INTERNAL CONTROL OVER FINANCIAL REPORTING ' In planning and performing our audit of the financial statements,we considered the City's internal control over fmancial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the fmancial statements, but not for the , purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. , A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, ar detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or combination , of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the City's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with , governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this t section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any ' deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. We did identify one deficiency in internal control, described in the accompanying Schedule of Findings and Responses as item 2013-001, that we consider to be a significant deficiency. t (continued) -1- ' Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 � Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkc.com ' COMPLIANCE AND OTHER MATTERS As part of obtaining reasonable assurance about whether the City's fmancial statements are free from ' material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the ' determination of fmancial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be ' reported under GovernmentAuditing Standards. CITY'S RESPONSES TO FINDINGS , The City's responses to the fmdings identified in our audit are described in the accompanying Schedule of Findings and Responses. The City's responses were not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly,we express no opinion on them. ' PURPOSE OF THIS REPORT The purpose of this report is solely to describe the scope of our testing of internal control and compliance ' and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance. This report is an integral part of an audit performed in accordance with ' Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this report is not suitable for any other purpose. � �� K�� ' �. �. � - � A��f �f � �,.� fr � Minneapolis,Minnesota ' June 27,2014 ' ' ' � ' ' ' ' -2- ' ' PRINCIPALS Thomas M.Montague,CPA Thomas A.Karnowski,CPA ' Paul A.Radosevich,CPA William J.Lauer,CPA C E R T I F I E D P U B L I C James H.Eichcen,CPA A C C O U N T A N T S Aaron J.Nielsen,CPA ' Victoria L.Holinka,CPA ' INDEPENDENT AUDITOR'S REPORT ON MINNESOTA LEGAL COMPLIANCE ' To the City Council and Management ' City of Apple Valley,Minnesota ' We have audited, in accordance with auditing standards generally accepted in the United States of America, and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the fmancial statements of the governmental ' activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Apple Valley, Minnesota (the City) as of and for the year ended December 31, 2013, and the related notes to the fmancial statements, which collectively comprise the City's basic financial statements, ' and have issued our report thereon dated June 27,2014. The Minnesota Legal Compliance Audit Guide for Political Subdivisions, promulgated by the Office of ' the State Auditor pursuant to Minnesota Statute § 6.65, contains seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment financing. Our audit considered all of the listed categories. ' In connection with our audit,nothing came to our attention that caused us to believe that the City failed to comply with the provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions, ' except as described in the Schedule of Findings and Responses as items 2013-002 and 2013-003. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. Accordingly, had we performed additional procedures, other matters may have come to our attention , regarding the City's noncompliance with the above referenced provisions. The City's responses to the legal compliance fmdings identified in our audit are described in the ' accompanying Schedule of Findings and Responses. The City's responses were not subject to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on them. ' The purpose of this report is solely to describe the scope of our testing of compliance and the results of that testing, and not to provide an opinion on compliance. Accordingly, this report is not suitable for any other purpose. � J�"'L Al��'.v`�r 1►'t� � ��,�.t�.+t>LtJ��` "� � �.� �. +� . ' � � Minneapolis,Minnesota ' June 27,2014 -3- ' Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 � Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkr.com ' ' ' , ' ' ' , , THIS PAGE INTENTIONALLY LEFT BLANK ' , ' ' , ' t ' ' ' ICITY OF APPLE VALLEY ' Schedule of Findings and Responses Year Ended December 31,2013 , A. FINDINGS—SIGNIFICANT DEFICIENCY IN INTERNAL CONTROL OVER FINANCIAL tREPORTING 2013-001 INADEQUATE SEGREGATION OF DUTIES ' Criteria—Internal control over financial reporting. Condition— The City of Ap�le Valley, Minnesota (the City) has limited segregation of duties ' in a number of areas, including, but not limited to, controls over cash receipts, electronic wire transfers, payroll transactions, and access to utility billing, accounts payable, and payroll vendor master files. ' Context—This is a current year and prior year finding. ' Cause —The limited segregation of duties is primarily caused by the limited size of the City's fmance department staff. ' Effect - One important element of internal accounting controls is an adequate segregation of duties such that no individual has responsibility to execute a transaction, have physical access to the related assets, and have responsibility or authority to record the transaction. A lack of segregation of duties subjects the City to a higher risk that errars or fraud could occur and not � be detected in a timely manner in the normal course of business. Recommendation—We recommend that the City continue to review its accounting procedures ' and internal controls and make improvements on an ongoing basis within the limits of the staff available. ' Management Response — There is no disagreement with the audit finding. The City is in the process of making improvements to its internal control structure to maximize the segregation of duties in all areas within the limits of the staff available. ' B. FINDINGS—MINNESOTA LEGAL COMPLIANCE AUDIT , ' 2013-002 PAYROLL PAYMENT DECLARATION Criteria—Minnesota Statute § 412.271. ' Condition — Each employee claiming payment from the City for wages is required to sign a written declaration that the claim is just and correct and that no part of it has been paid. These ' declarations were not obtained for seven payroll disbursements tested that were paid during the year ended December 31,2013. ' Context—The required declaration was not obtained for 7 of 25 payroll disbursements tested. This is a current year finding. ' Cause—Some of the city staff was using time reports that did not include the declaration. -4- ' CITY OF APPLE VALLEY I Schedule of Findings and Responses(continued) ' Year Ended December 31,2013 B. FINDINGS—MINNESOTA LEGAL COMPLIANCE AUDIT T ' (CON INUED) 2013-002 PAYROLL PAYMENT DECLARATION(CONTINUED) ' Effect—The City made payroll disbursements for which it did not obtain the required statutory declarations. ' Recommendation—We recommend that the City obtain these signed declarations for all future payroll claims by having the declaration preprinted above the endorsement line on all ' timesheets. Management Response—There is no disagreement with the fmding. Management will correct ' the issue by adding the required declaration to all time reports. 2013-003 MONEY MARKET MUTUAL FUND NOT PROPERLY RATED ' Criteria—Minnesota Statute § 118A.05. Condition—Minnesota Statutes require governmental units to invest only in mutual funds that ' received the highest credit rating and were rated in one of the two highest risk rating categories by at least one nationally recognized rating organization. One mutual fund the City has invested in has not been rated by any nationally recognized rating organization. ' Context—This is a current year fmding. Cause—This was an oversight by city personnel. ' Effect—The City's investments could be at a greater risk than what is allowed under Minnesota ' Statutes. Recommendation — We recommend that the City evaluate their continued investment in this ' mutual fund, and consider selling this investment if doing so is not financially prohibitive. Management Response — There is no disagreement with the finding. The City will transfer these assets into a properly rated money market mutual fund. , 1 , ' ' -5- ' �� +. c �� City of Apple U3�I@y MEMO Fire Department TO: Mayor, City Council, and City Administrator FROM: Nealon P. Thompson, Fire Chief� David Ganfield, Apple Valley Firefighter's Relief Association President DATE: July 2, 2014 SUBJECT: 2015 FINANCIAL REQUIREMENT OF THE APPLE VALLEY FIREFIGHTER'S RELIEF ASSOCIATION The Apple Valley Firefighter's Relief Association(AVFRA), Board of Trustees, has certified the Association's 2015 municipal financial requirement of$200,228.00. Notice of this obligation is to be received by the City Clerk on or before August l st of each year. The attached AVFRA resolution serves as the 2015 notice. This financial obligation has been included in the proposed 2015 City of Apple Valley's Operating Budget. Compared to 2014 municipal contribution of$266,388.00, this is a decrease of$66,160.00. The members of the Apple Valley Firefighter's Relief Association and I would like to thank you for your continued support. RECOMMENDATION AND ACTION REQUIRED Approve receipt of the 2015 Financial Requirements of the Apple Valley Firefighter's Relief Association as indicated in the AVFRA Resolution 14-6. � � Attachments: AVFRA - Resolution 14-6 AVFRA—Exhibit A, 2015 Fire Relief Tax Certification Resolution AVFRA-2014 Maximum Benefit Worksheet �' � � �1�� `4��t��t: ��'��t�a�� , � �r€��'�� i..�� til�r t� ��t�� ,a�,.��i. �t�t��1 t9�"E� F �ar .�3� ' �ts �).�;, x � �,a:�� t�� li ,�A �,,,,.��r�.. ��t��d�t _ .. r S...: . :�wµ ,. p ��. . , a+��:€`�,��&P�t;"t'r� ��nt�r . ��T�f��t� � �' '�� +£t��zn;t� -�� r�F�s_ �r�? ��a t'� ��_��`•�R�� x� .�.�a�$.��.a�.`�� .T ��1�, ?��M �.az��'�..��;.,�F��', . .... . ��«��„�� .'��,� � ;�� . . . ��> ��.� �`��.>s�s��; ��m��°�,..'. ��.��T�;�--�. �. . ��" �„ ^� a`� P�� ,��:�, � ;��..�.� �� °��at��,��"3 �'��a�.�� a�` r�z.��;ir� iII�� °t��k" ��'��`�u��''�� '��..,��,��ff��';�(��;"_a��i��:;� f:�� i l��ltt�°�t��' �5;��i��;s�t� �t,r��z��' tI'� �7T��ii�t�i� t"�»��l��;ttt�#�� s��s��E t��1�� "�� .w��t�� .�s.�a,��:�� ;��;.:a��»� � ��#��'�� k��, k�� '��`��":��.�, ��i�� ;�t��t��:��n�, t�"��c:��r�::.=�k�� 1;�;��5�� ;��'��°��°�a-�� €�� ca _ �t�r�c��r�� :r,��s�, �� `�1� ��'�..a��;�� r��.�� r� ��*=��i � ��`��;��R��'.. ��`� ��°��;��w�,��;��t��°E,��r�;��r�� r��i��,��t��,�� .��i��.�� ,��t �`�� »��a,t`��;��1��r�� '��"�°��;,��::��;.�� ,��r��;t<��; ��'�°,�;� ��t��.�� i�� .;.�,��l��t :'�:. ��g��:��r�� €: s��°�� ,��°�c��° �� .•�� '<��t��"a��t�� 5�;�� i�� °��.�� .�� z� ��;��° �,::�� :�� "�'��;:��:��.�� `�° ��:��3ta:�`"�s�.��°C�� t��' �'��t��; a;�`t�� a��w��€°;�t��s�.�� ;��s�t�°�:�� , ��1��€�� ?� t�� :�1� ��t ��: ��`�c�l�� .��t�t�� z��`��.��:��,°�� .,s��r �� Z�� .��tlR��;.�� S��it ._� ��°��t�.��.. �s�,�., � � ��"�`�l��i�� `�`t��.�t�r�� , � � �� . � ; „ �.��i�� .� �i��. a��r��i�t�t�� , w,�, �,�. . �� .��•�°� . 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' � _ �: � � ��r��f"1��.4t��',�� 's�cts��t� a��r �r��€��cat,��.��:�t.eri ��r'I`�wa;�.a��r} T��r p � . a.. �... ...:E�.. .�� S " �.3�3��f:�S: �!';:'s37 s,�'s:�9 k� f. �..)s;�-�i�� . � .... ... .... E. .�. . . �� „��nE,"�iiIRS€„ .. . ��'CkCe�€ '142�� ' y`#t"a� �af�"Y"�� . � ` - a� � ' �, � : � ,.... . . :( ;.... � ��. � . 3'�... 3 . y i � ,.c:r�s�5s�.�s��,,x.�,,, ,, �'',t', ;;,:.F�°� ..�,.";•'�'?`a"....a'�' _. , .. _ ,.....n� . ,. .,,.,, . - .. a :�� -�.. .� � �,. - ;, „».. ,,.. ,. ,,..�rh, . -:ae�srN�°...,_.,„ � ,. _.,.,,,-.. ..��, .„ .:.�'/i.9�n"s�', ,..,"i.. � '� . D :.;. I � 2 ...,. ,... ... City of App�e Va��ey MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE: July 2, 2014 SUBJECT: ORDINANCES AMENDING CHAPTERS 34 AND 115, REGULATING ELECTRONIC DELIVERY DEVICES — Waive second reading In May, the Minnesota Legislature changed the law regarding electronic delivery devices, commonly known as e-cigarettes. Attached for your consideration are two ordinance amendments regulating electronic delivery devices and nicotine and lobelia delivery products. The first ordinance is to Chapter 34 entitled "Personnel" and the second ordinance is to Chapter 115 entitled "Tobacco Regulations". The changes to these chapters of the City Code update the Personnel Policy and licensing regulations as they pertain to e-cigarettes and nicotine and lobelia delivery products. Under the proposed amendments e-cigarettes and nicotine and lobelia delivery products will be regulated similar to tobacco and tobacco-related devices and products. The proposed ordinances were prepared by the City Attorney's office. The ordinances make the Apple Valley Code of Ordinances compliant with the new laws. Staff recommends passing the proposed ordinances with an effective date of August 1, 2014, which is when the new laws regulating e-cigarette licensing and compliance checks become effective. Recommended Actions: Motion waiving the procedure for a second reading and passing the ordinance amending Chapter 34 of the City Code entitled "Personnel" regulating electronic delivery devices and nicotine and lobelia delivery products, effective August 1, 2014. Motion waiving the procedure for a second reading and passing the ordinance amending Chapter 115 of the City Code entitled "Tobacco Regulations" regulating electronic delivery devices and nicotine and lobelia delivery products, effective August 1, 2014. �PJg Attachments CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 34 OF THE CITY CODE REGULATING PERSONNEL USE OF ELECTRONIC DELIVERY DEVICES AND NICOTINE AND LOBELIA DELIVERY PRODUCTS The City Council of Apple Valley ordains: Section 1. Chapter 34 of the Apple Valley City Code is hereby amended to add § 34.39(F)to read as follows: § 34.39 TOBACCO USE POLICY. * * * (F) Electronic Delivery Device and Nicotine and Lobelia Delivery Product. The regulations in this Section relating to the use of tobacco shall apply fully and to the same extent to the use of electronic delivery devices and nicotine and lobelia delivery products. For purpose of this section, electronic delivery devise shall mean any product, including any component part of a product whether marketed or sold together or separately, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. The term electronic delivery devise excludes any product that has been approved or certified by the Unites States Food and Drug Administration for sale as a tobacco- cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. For purpose of this section, nicotine and lobelia delivery product shall mean any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device. Section 2. Effective date. This ordinance shall take effect August 1, 2014. PASSED by the City Council this l Oth day of July, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 115 OF THE CITY CODE REGULATING ELECTRONIC DELIVERY DEVICES AND NICOTINE AND LOBELIA DELIVERY PRODUCTS The City Council of Apple Valley ordains: Section 1. Chapter 115 of the Apple Valley City Code is hereby amended by adding the following definitions to § 115.02: ELECTRONICDELIVERYDEVICE. Any product, including any component part of a product whether marketed or sold together or separately, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. The term ELECTRONICDELIVERYDEVICE excludes any product that has been.approved or certified by the Unites States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. NICOTINEAND LOBELIA DELIVERYPRODUCT. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device. Section 2. Chapter 115 of the Apple Valley City Code is hereby amended to add § 115.19 to read as follows: § 115.19 ELECTRONIC DELIVERY DEVICES AND NICOTINE AND LOBELIA DELIVERY PRODUCTS. All of the license, sale, purchase, possession, use and enforcement provisions in this Chapter relating to tobacco, tobacco products or tobacco related devices shall apply fully and to the same extent to electronic delivery devices and nicotine and lobelia delivery products. Section 3. Effective date. This ordinance shall take effect August 1, 2014. PASSED by the City Council this l Oth day of July, 2014. ATTEST: Mary Hamann-Roland, Mayor Pamela J. Gackstetter, City Clerk ... ..�• .s..• r *+�' ITEM: . G• Clty Of ��Q' CITY COUNCIL MEETING DATE: JUIy 1 O, 2014 Valley sECTioN: Consent PROJECT NAME: Set Public Hearing to Vacate Easements in the CORTLAND addition PROJECT DESCRIPTION: Set a public hearing for the vacation of a cul-de-sac, drainage and utility easement easements in the CORTLAND addition. STAFF CONTACT: DEPARTMENT/DIVISION: Thomas Lovelace, City Planner Community Development Department APPLICANT: PROJECT NUMBER: D. R. Horton, Inc.-MN(Developer) and Fischer PC 14-22-G Sand and Aggregate,LLP(Property Owner) APPLICATION DATE 60 DAYS: 120 DAYS: June 10,2014 August 18,2014 October 18,2014 Proposed Action Staff recommends that vacation hearing be set by resolution for the meeting of August 14, 2014, in accordance with the attachments. Project Summary/Issues D. R. Horton, Inc.-MN is in the process of completing the final platting of the CORTLAND THIRD ADDITION, which is a replat of a portion of Outlot C, CORTLAND into 34 residential lots. Part of this process is to vacate easements over portions of this plat that would prohibit construction of dwelling units on some of the lots. This includes an easement for a temporary turnaround at the end of Eagle Bay Way that will be no longer needed because the street will be extended and intersect with Embry Path. The second is a stortn sewer easement that will be re-established in the CORTLAND THIRD ADDITION final plat. Vacation of these easements should not have any impact on the City's ability to provide public services to serve the Cortland development. Budget Impact N/A Attachment(s) Draft Resolution Location Map CORTLAND THIRD ADDITION Final Plat Draft Notice of Hearing Easement Location Map Application CORTLAND Final Plat 1 CITY OF APPLE VALLEY RESOLUTION NO. 2014 - 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 E�iibit A and is further directed to cause said notice to be published for two weeks in the Apple Valley Sun ThisWeek. The City Cle��urther directed to post copies � � of E�ibit A,pursuant to Minnesota Statutes Chapter 412 $��„�at least two weeks prior to the scheduled date of said hearing. ADOPTED this l Oth day of July, 2014a aa� � � � *^:s;. NTa�y Hamann-Rc�Iand, Mayor �:; ATTEST: . � Pamela J. Gacks`t�t�E�, City Clerk_�� y 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 City Council of the,;City of Apple Va11ey,Dakota County, Minr�esota,will meet at the City Hall, 71�00 147�'Street�?�st, at 7:00 p.m.,ar as soon � thereafter as possible, on Thursday,August 14,2014,to con��der�the matter of vacation of the � �following described public grounds in the City of Apple��lte��ursuant to Minnesota Statutes � 412.851: � �'"� � � The easement area for drainage and utilifi�and roadway purpo��a�;�ver under and across that�he part of OUTLOT C, CORTLAI�I�,according to the reco��ds�lat thereo� Dakota � County, Minnesota, described as follows: y- Commencing at the nor.�i�ast corner of sa�d{3UTLOT C, thence on an assumed bearing of South 00 degree�t��,minutes 46�c�nds East along the easterly line of � � � �said OUTLOT C, a distaric�o��.;3�a5.67 feet t@�fi�e southeast corner of said � � OUTLOT C thence South�� degr��s�nl minutes�3�_seconds West 398.87 feet �� .. along the squ�h�ine of said 4LTTL0'� �:�v �e point af beginning; thence North 02 degre�s'19 mirit�#es 49 secarids Wesf 15 4f��et; thence South 87 degrees 40 minute� �l, seconds West 130 Oi,fe�;t; thenceNorth 13 degrees 53 minutes 54 � � seconds V�e�t 63.23 �eet; thence IV�rth 23 degrees 59 minutes 42 seconds West ��26 feet;f1�e�ce Sc��tl3,7�degrees 15 minutes 41 seconds West 111.13 feet; t�ienc�'�outh 1"��grees 44 miri�tes 19�seconds East 122.99 feet; thence South 72 - degrees�� inutes�1�,�seconds Wes�78.50 feet to the westerly line of said � �� OUTLOT Gy�t�ence��i�th 17 degrees 44 minutes 10 seconds East 30.00 feet to a � �oint on the vves�erly line a��aid OUTLOT C; thence North 72 degrees 15 � � ��inutes 41 secon� East 139.89 feet; thence South 11 degrees 48 minutes 59 � � secoiids East 46 4��e�eet to the southerly line of said OUTLOT C; thence North 81 � degree��6 minute��`�`50 seconds East 175.60 feet along said southerly line; thence „ � �. � North 8}d%grees�.�l minutes�53 seconds East 12.01 feet to the point of beginning. � (the "Westerly Easement Area") AND The easement area for drainage and utility purposes over,under and across that part of OUTLOT C, CORTLAND, according to the recorded plat thereof, Dakota County, Minnesota, lying 15 feet on each side of the following described centerline: Commencing at the northeast corner of said OUTLOT C, thence on an assumed bearing of South OO degrees 07 minutes 46 seconds East along the easterly line of said OUTLOT C, a distance of 920.34 feet; thence South 89 degrees 15 minutes EXHIBIT A 50 seconds West 19.73 feet to the point of beginning of said center line; thence continuing South 89 degrees 15 minutes 50 seconds West 191.94 feet; thence South O1 degrees 19 minutes 11 seconds West 223.65 feet; thence South 35 degrees 44 minutes 29 seconds West 40.26 feet; thence South OO degrees 08 minutes 07 seconds East 186.91 feet to the southerly line of said OUTLOT C and there terminating. The sidelines of said easement are prolonged or shortened to terminate on the southerly line of said OUTLOT C. (the "Easterly Easement Area") � Such persons as desire to be heard with reference to the prop�s�i��vill be heard at this meeting. � DATED this l Oth day of July, 2014. Pame�a�:,Gackstetter, City Clerk .: .. >� � � � , � EXHIBIT A c�r�r o�,a��.�va�.i��x. VAC�ITI4N UF EA$EM�NT/PUBLtC GRC}tiND$AFPJ..ICATION �'QRM 7�00 �a�r'h steeet wQSt i4pp�e`]/altey,;MN..55124 Phone;(952}::�53-2575 F'AX::(95�}.95.3-25i 5 A lica�it s Name: � � -�^ A� PP ' �,i15 � �"1�-��t'_i C�n/ . / lJ f,' , �/Y I J1� --- , A<iaress: D {u'`(p C� 1� ;,! /��,C��s>.�> �/��-�id t,�: l✓1 ni ��`�`7� Street City State Zip Code TeIcpl�onc Naniber: ��.h� " c��',�' 7��3�T I+A�Number: I:mRil:(Gf'/�j Et� C-'�!'a��'ta,�i.G�,-"�' 1'ropei•ty�wner: _ �d,SC�i,�i� �,��,,�� /�N�D �C�G,�,�.G r�T� ��.� —� Adde•ess; ��Cs� � � �/9�h'?�i,� �i U� /7'/?��'� V IS'�rl,:£; /'��>/ J�5�,�.�`� �_...__.._._._._.--......._..,_.._......_....._.. ,....__—............. _....._ Sfreet Cit State Zip Code Teleplione Number: °J�� 7��'�� FAX Number: Email: Location of Easernent: V U�'z�'; � �Ol��'��N� (Address/I.egal Uescription) Signatc�re of ApplicAnt: ,�l,�,t,�ti'', �� ., __.. Date: �rr" " C�> ^�_.._ 1'roperty Owner's Signature: �� "�� — Date: (c LL �L, –�� . . .... _.,........._..............�.... The following cn,ust be submifted with the Applicalion for Vacatian: 1. An exact lega�descriptian of the easements to be vacated. 2. Certi�cate of Survey,it applicab[e,or scaled survey of the property showing the proposaX. 3. Names and Signatures of all property owners abutting the caserne�its to be vacated. 4. Narrative stating need for vacafion of easemenCs 5. All necessary f�es and escrows as established by the City Cotincil. FEES&SECUI2ITIE5: CO�E: $i58.00 A iication Fee $500.00 Financiak Security � AUTEIOI2CZAT10?V FOR S1T�VISITS• Bv si�nine this t�aQe and stibmittin�the applicatinn materials attached herein,�the Owner A3�g�Eicant and l�is/her/their agentfs)l�erebv author•ize the Citv eleeted and anpoi�ited officials and Citv staff to enter the subject,�;,oaerties for the nurpose of reviewln t� he application submitted. ; � F`QR IN7'�RNA�t�X�"'�'USE�NT,Y , � �Tflta��e�� r l2ec�ip�Numbex ��;��.� Date Paad �'�o�ect�utnber �� ; , ; �: .;: , , ;�ate 5et�'+�r�3e�txng � 5 ; `{ .:, ,,. ;;: , ....:;. ..� ,.., _.......:r. .. .._:, ; � ...:.;. ;, : ...::!.. ......: ......... ...... ... .... .�..:. .. ,..;. S Y .. .. ':: . .. .... ....� . '�. . S;1plAnningu�omtslVacation of Lasement Application,122313.doc Fomf Revision: l2l23/13 - ,l � S��"� �. ENERGY WAY G�� ' `749TH°ST`W�. 148TH:PATH�W '`_ ' �� a � �, m. � � w, _EMBER'CT EGHO WA�Y�� - � , � b � �� .��,,..,. . � s�� 150TH�ST W , _� _ �_ � ° w' _ � ' �_��o � ° _ _ � � _ �� T �+ � °�� V'�It��l Cr �, � � � . � �� o ' �� o qOU� �LOT�E �F=-F : - _ � � � � �_ � _ Y — ..�:r. _- . � � . .: ._ I— - ` `- "=- - "` - .._� � a� � _� . � � — �___ J _ - ' _ . �_�� a � `� �,- °` _._,. � � _.� �� - �_ �.-. �. � � _ �, „ , � �� l � k��R i k_ ��11 � �� i (ly 11 �-F i� r, ,_ �� u`�`�� 1 � I r R �$� '� �3 .. " �'�i�S �� 4 Y� �� ,� � �„!' ��. � � ;� - �� j � v�o q 3�,,,,,� � _ oa� 'y�y �� Q � � 1'55TH ST VII 'y� � <� -- �.-� df �:c � � O� CORTLAN D ��ai '��s` � '� . �� Va��e �''4 � ,., y J.�- / '` ',,� `�, . �'� ��.i�-,,�� EASEMENT � �� `' `� '� �.,� � � , � _ �� _ , . � � � � � TI N -�� VACA O S � � �, > i �;��` � �"�_ 1I � Li � � � � ' � � �� ,I �s ,_ � _ � - I �_. —�- . ��—�� LOCATION MAP � � a : - �, � �' � �. �. � r'� NE �OR. OF--�' � � . OUTLOT C � O C � . . . . �� . . � �W�� O . ,. . w:.,.'.� p.. N P320POSED � �'� 5TARM SEWER � ; ��;�� . _ Ss � o ;, . .. �_._^`1§i:9�_.�_ . � LOCATION OF EASEMENT � � PO6�� TO BE VACATED �"9Q'g��0��"'! . . 3. I&73 � I� . � . � . 635°44'2B"N— I� - 40.26 ~ vQi� . � � . \ ( n PROPQSED ` ( � (� � " � STORM SESMER � � � n � � w � }.CS ��y �� PRQPOSEi3 � 5-�2 t5'� . i 5�5 EASTERLY LINE��-,� I � �� RDAD TURN � V U T 1� Q T .� � . S AROt�1D w pU7LpT C w �� ',, sa' ,' �; � �_ ,- I "� �,' I � I d g' I , . � � \ a `, y� —NO2'19'49"W � � S72'I5'41"W�. � � „ NI3•5S'S4"W ��S LINE � .. SE COR. OF_�. � I —63.23 . QU7LOT C r. � 78.50 � `n "'` � OUTLOT C� 515 � � � W'LY LINE—,., � � 587'40'il"W 130.tl1 _,T �� `�• � OUTLO? C -� " � .. r S89'Si'S3"W 'u98.87 e' '. � �9•� ' ,, -., -� - -- • ... ,� �T� ,.-� . - .*..., _._. _ . i� i i � i .. b� � . �'. ,.. � �_., , .. N��15 �; �yat°��`�pa� i75.90 �...POB __,� i� . 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I I � NnveneFiwWGOFrvoororaaw � � ' __�_J L—L—_ � • oerio�es.monuman�iouna�/2inmkonppe Scale In feet �� merketlbylkeiaeno.18ax5 . � Bekg9lexMNWM1enEW�obJnglottlnea � O merMeepyllcecrreex�no.�18a26uMesea�t�0erwbecM1Oxn ' 0 fi0 120 I80 Naioueaim.n�amm��baa��m qa�w . � . . . � ALLIANT ENC,MEERIN(;.INC. . . . SHEET9oF�SHEETS «•� ::�• ,.� � . E, 2. ITEM: c�ty of Apple CITY COUNCIL MEETING DATE: JUIy 10, 2014 Val�@y SECTION: Consent PROJECT NAME: Set Public Hearing to Vacate Right-of-Way in the CORTLAND addition PROJECT DESCRIPTION: Set a public hearing for the vacation of the dedicated 152°d Street West right-of-way in the CORTLAND addition. STAFF CONTACT: DEPARTMENT/DIVISION: Thomas Lovelace,City Planner Community Development Department APPLICANT: PROJECT NUMBER: Arcon Land IV,LLC (Developer)and Fischer Sand PC14-21-G and Aggregate,LLP(Property Owner) APPLICATION DATE 60 DAYS: 120 DAYS: June 19,2014 Au ust 17, 2014 October 17, 2014 Proposed Action Staff recommends that vacation hearing be set by resolution for the meeting of August 14, 2014, in accordance with the attachments. Project Summary/Issues Arcon Land N,LLC is completing plans for a proposed single-family residential development on an existing 25-acre outlot in the CORTLAND addition, located along the east side of Pilot Knob Road, south of CSAH 42. The proposed subdivision will include the relocation of a section of existing platted right-of-way for 152°a Street West. This 60 ft.-wide right-of way intersects with the platted right-of-way for Embry Path and extends 20 feet west from the west line of Embry Path. This section of 152nd Street West was established as a placeholder for the likely intersection of the two streets. The proposed preliminary plat shows a small portion of the existing right-of-way encroaching into a lot and the applicant would like to shift the intersection north 4 feet and increase the width of the right-of-way from 60 feet to 68 feet. Budget Impact N/A Attachment(s) Draft Resolution Location Map TERRELL Preliminary Plat Draft Notice of Hearing Right-of-Way Location Map Application CORTLAND Final Plat 1 CITY OF APPLE VALLEY RESOLUTION NO. 2014 - A RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED VACATION QF 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 E�ibit A and is further directed to cause said notice to be � published for two weeks in the A�ple Vallev Sun ThisWeek '��ie�City Clerk is further directed � _ ,,�.. to post copies of E�chibit A,pursuant to Minnesota Statutes��apter 412.851, at least two weeks prior to the scheduled date of said hearing. ADOPTED this l Oth day of July, 2014 � �� o G Mary.:Hamann Roland, Mayor :� x_.x,; ATTEST: , �.. Pamela J. Gackstet�e�, City Clerk �e � -n�. 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 City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the City Ha11, 7100 147�' St�r�et��West, at 7:00 p.m., or as�soon ��_� thereafter as possible, on Thursday, August 14, 2014, to ��ic�er the matter of vacation of the following described public grounds�in the City of App�i� �al�e�, pursuant to Mimiesota Statutes 412.851: All of 152nd Street West right-of w�y�s dedicated m the~�recorded plat thereof � � CORTLAND, Dakota County, 1V��viesota lying westerly o��northerly and � southerly extensions of the westerly`right-of-way 11ne of Emb�Path adjoining said 152"d Street West. Such persons as desire to be ��eard��with reference �Q the proposal will be heard at this meeting. DATED this l Otl�:.day��;��1y,2014. ' '' .�. � , � _�.,, � � � � � � � �amela J. Gackstetter, City Clerk � �� . EXHISIT A CITY OF APPLE VALLEY VACATION QF E�RSEMEIVTIPUBLfC GROUNbS APPLfCATION;FORM< :7100147x"Street West Apple Valtey,<MN 55724 PFione: (952)953-2575 'FAX:(952}953-2515 Applicant's Name: �'1"Go11 �.tiW�fiC �V �-- l-G" Add ress: �� '�'`�y 7 , �i.(t��e �Z S`� �K.�I$/vi� �� S.��.3� Stree� Ciry State Zip Code Telephone Number: J�oZ- �t��'Z2(v� FAX Number: q�2" ��$�T Email:Slo�t�a►'��Yc.v�Vt�o i � Property Owner: ��S(�/j,�Y S��'1�it GLt� �( i7�9'9 t'�e�7� , L.L� i Address: � `rt'�o ��3 .�,�Glll�C/G �"I/��'.�tGt,.� #�FC_ V��G1 � �J« � Street City State Zip Code Telephone Number:��997- q{3A FAX Number: EmaiL• G{tJVCovi c.r'E�i°. GO+h Location of Easement: �i A Gi�!}f (Address/Legal Descripfion) �� Signature of Applicant: Date: '��' o�c7(� <,..�.,._.�._. Property Owner's Signature: i' � '' ��`. � Date: �� -�`( �fi ` ��t�-I The following must be submitted with the Application for Vacation: 1. An exact legal description of the easements to be vacated. 2. Certificate of Survey,if applicable,or scaled survey of the property showing the proposal. 3. Names and Signatures of all property owners abutting the easements to be vacated. 4. Narrative stating need for vacation of easements 5. All necessary fees and escrows as established by the City CounciL FEES&SECURITIES: CODE: $158.00 A licationFee $500.00 Financial Securi ALJTHORIZATIONFOR SITE VISITS•Bv sign, in�this�a�e and submittin�the application materials attached herein,the Owner, Applicant and his/her/their agent(sl herebv authorize the City elected and appointed officials and Citv staff to enter the subiect properties far the purpose of reviewin tg he application submitted. : F4R>I1�TE�2I�TAL�ITI'USE(?NLY > > , _ , , Total�ee$ ReceijitNum�r .. Dat�Pa�d. :: Pro��cLNumber J�at�Set fvr�-iea�-�g : ; ; ' S:\planning�Forms\VacaUon of Easement Application,122313.doc Foim Revision: 12/23/13 ;: < >: ': '; , CITI�E}F;/�PLE URLLEY ;; 'UACA'fICJ►N 0!E EASEMEIUT�F�UBLIC�RQI�NDS ARPL�GAT�ON!FORi�II Names and Siqnatures of Abuttinq Property Owners (Please use additional sheets if necessary) Name Address Siqnature _ Z,dwo4 0 �L.�nb�.�yc C�- 1. ��"��1� L,a�..�v; `l�c � r�r� sSo44 2. 3. 4. 5. - 6. 7. 8. S:\planning�Foims\Vacation ofEasement Application,122313.doc Form Revision: 12/23/13 ° ' �� , � �� - - � F � . � � ,. �, �148TH°ST W Q � y�� - ,. � p - 'F48TiHiPA�THsW �y-° _ • F � ,_n-x. U -._. .. F � � • Q. � _. 2 . W G�l�� a , ��(z .,� � j � s71'49TH ST`W—"5 , � a a `�' � �� .. g � W EMBERCT = 'ECHO�WAzY"--- " �`� . � ..a .., m ��_�r � ,,_ �'_ " �� ii�,. .�q � �7T�OSH ST�W� � �.�� r- � i �� . 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Z -- �v_ W � - � LANDOWNER CONSULTANT . � �� N • �_ � ,,,,,. �•�• fISCHER SAND&AGGREGA7E CO.(PETE fISCHER) PROBE ENGINEERINO CO.,INQ(WILLIAM MAURER) �� - � ,�� •'"" ' 14898 GALAXIE AVENUE � 1000 E.148TH STREET,SUITE 240 � ` _ - __ � _ � ,i � �� APPLE VALLEY,MN 55724 BURNSVILLE,MN 55337 i �F F �� i � ' PH.N0.952-432-7132 . PH.N0.852-4323000 . . '� � l �'�� . . � �- �_��'��i�_ ' �_ V� . . . . . ...._...�,,._� _.... .._.. ...... _.... .... ..._.. . . . .. .. . .. . . '� , fl�"�°"� "fl`""R�`"` °`s PRELIM/NARY PLAT EY AOn� CONSUL7ING ENCINEFRS, � I il li PLANNERS antl LrWD SURVEYORS P� ENGINEERING M ��r� ARCON LAND II, LLC °""� �L.� I 3S0 HIGHWAY 7,SUIIE 126 � � EXCELSIOR,MN 55331 °d $1 TERRELL COMPflNY� INC. qpp�E VALLEY MINNESOTA � L � 1000 EAST 116th STREEt,BURNSVILLE,MINNESOTA SS]}�pH(H52)4J2-}000 '�' � �� s � � �� , ITEM: . Clt�/ Of A�1�� COUNCIL MEETING DATE: JUIy 10, 2014 �/`��p� SeCTioN: Consent Agenda ( ITEM DESCRIPTION: � Resolution Approving Plans and Specifications and Soliciting Bids for the Apple Valley Liquor � � Store#2 Interior Remodel ` STAFF CONTACT: ' DEPARTMENTIDIVISION: i Charles Grawe,Assistant City l Liquor Operations i Administrator i � i ; � Action Requested Adopt Resolution Approving Plans and Specifications and Soliciting Bids for the Apple Valley Liquor Store#2 Interior Remodel Project. Summary The City runs several retail municipal liquor stores. Maintaining comfortable sales floors that fit customers' expectations is critical in the retail environment. This project would update the aesthetics of the sales floor, modify the traffic flow, and remodel the service counter to improve the customer shopping experience. Background Liquor Store#2 was constructed in 1977 and has not had a significant interior remodel since 1990. Budgef Impact The total cost of the project is estimated at $110,000.00. The Liquor Operations Store #2 budget has approved funds for this project in the 2014 budget. Attachment(s) Resolution Advertisement for Bids Plan Overview Sheets CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR APPLE VALLEY LIQUOR STORE#2 INTERIOR REMODEL PROJECT WHEREAS,the City of Apple Valley has heretofore requested CNH Architects to prepare plans for the remodeling of the interior sales floor space at Liquor Store #2; and WHEREAS,the Council has considered said project to be feasible. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Council hereby accepts and approves said plans and specifications for"Apple Valley Liquor Store#2 Interior Remodel". 2. That the bids shall be received at the time and place specified in the form of notice attached hereto as Exhibit A for the construction of that part of said improvement more particularly designated in said Exhibit A. 3. The Clerk is authorized and directed to cause an advertisement for said bids to be published twice in A�ple Valley Thisweek, the official newspaper of the City, not less than ten (10) days prior to the opening of said bids. 4. Each and all of the terms and provisions as stated in said advertisement are hereby adopted as the terms and provisions in accordance with which said bids shall be received. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk _ Exhibit A ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY Sealed bids will be received until 10:00 a.m., Thursday, July 31, 2014, at the office of the City Clerk, City of Apple Valley, 7100 - 147th Street W., Apple Valley, Minnesota 55124, at which time they will be publicly opened and read, for the purpose of securing a contractor to provide: APPLE VALLEY LIQUOR STORE#2 INTERIOR REMODEL PROJECT Each bid shall be accompanied by a certified check, cashier's check or a bid bond in the amount of five percent (5%) of the gross bid, made payable to the City of Apple Valley, which shall be forfeited to the City in the event the bidder fails to deliver the services. The City Council reserves the right to retain the deposits of the bidders for a period not to exceed 60 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of 30 days after the date and time set for the opening of bids. Specifications and proposal forms may be obtained from the City Clerk's Office, 7100— 147th Street West, Apple Valley, Minnesota 55124. Direct inquiries to Liquor Operations Director Scott Swanson at 952-953-2560. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Dated this l Oth day of July, 2014. Pamela J. Gackstetter, City Clerk mupanh' . � PpplevYry.M1Mn�newm551fa �96yaaf<da9 Apple Valley Liquor Store #2 G.areu�� ,��a� Y vM�W- �U �� . �eman�.i. �a a,mibn.'°°�%ew` �g I nterior Remodel m��n��w�.��,o��a��s y� �� s o ��.�n�a��a � ��e��m �. ��.�,��. ��a ��ena��,��. � � Abbrevhtlons: DaskN&�IWNbrk: �+�ve�maQUw��tl�e�� c�fi �mPe�v�MRmleeY eeeauanvin'ne0dnatlrin�k�me � mea�mqnb�ryy ��dgetiv ael �qetepavunaliqitingrynemstomeetrypi�W es pa�v a3 w � v'MNA ml¢M�IrW�Ei�.eyl�dlmnMw�Iroms� md 'P eeixM be aneustlEk N $ �n � . 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V _ � �a.�� /�� ei Detail-Section at Box Stora e Sim.O .End es Front ElevaGon at O en Dis la Shelf �� eia Enlar ed Plan at Box Stora e&O en�Dis la Shelf � � ,-o- . �-� r �� . N � .. . �e O �°, � O g m i' _ b � �. ^ g� � ` ....._... � J"O pm �� d N � ;� � �0 � O '� Q'C �'. Q C a EMargeEPlansB pe�elk � ' ni i Enlarged Plan at Staff-Only Entries � M n ,o � � , , , , , . . e . . BID SET �. �-'t ... f�i• •��• •��• City of App�e Va��ey NiEMo Public Works Department TO: Mayor, City Council, and City Administrator FROM: Michael Glewwe, Public Works Superintendent DATE: July 10, 2014 SUBJECT: CONTRACT FOR CITY PROJECT 2014-118, 2014 RECONDITIONING AND PAINTING OF STEEL FENCE SECTIONS, FENCE SUPPORT POSTS,AND DECORATIVE LIGHT POLES On June 18, 2014, City staff solicited quotations from seven companies for reconditioning and painting fence sections, fence support posts, and decorative light poles along the Ring Route. On July 2, 2014, three companies submitted quotes for the project. OLS Restoration, Inc. discovered a significant error in their quote and requested it be withdrawn from consideration. The results are provided below. Company Name Total Quotation Budget Sandblasting&Painting, Inc. $61,324.00 TMI Coatings, Inc. $91,940.00 OLS Restoration, Inc. Withdrawn Attached is the proposed agreement between the City of Apple Valley and Budget Sandblasting & Painting, Inc. Funding for this project is included in the 2014 operating budget for the Public Works Streets Division. Recommended Action: Approve Contract with Budget Sandblasting & Painting, Inc. for City Project 2014-118, 2014 Reconditioning and Painting of Steel Fence Sections, Fence Support Posts, and Decorative Light Poles, in the Amount of$61,324.00. MG:dsm Attachments c: Todd Blomstrom Exhibit A BID TABULATION CITY PROJECT 2014-118 2014 Reconditioning and Painting of Steel Fence Sections, Fence Support Posts, and Decorative Light Poles Budget Sandblasting& Painting, Inc. TMI Coatings, Inc. OLS Restoration,Inc. ITEM EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL No. ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE _1 3-RAIL FENCE PAINTING LF 1,600 24.80 $39,680.00 $34.00 $54,400.00 _-- . �-- ___ --- __ - - —---- _ — 3 FENCE POST CAPS Each 25 34.00 $850.00 $60.00, $1,500.00 ---- -- -__ __ _..__ _ ___ -_ - - 4 L-SHAPED MOUNTING BRACKETS Each 1,224 2.25 $2,754.00 $5.00 _ $6,120.00 --- --- __--- 5 FENCE SUPPORT POST PAINTING(32")_ Each 136 40.00 $5,440.00 $45.00 $6,120.00 ' ------ __ ----- --- - ---__ .--- - --- 7 DECORATIVE LIGHT POLE PAINTING Each 70 180 00 $12,600.00 $340.00� $23,800.00 TOTAL BID $61,324.00 $91,940.00 WITHDRAWN S:\public-works\private\Projects�2014 Public Infrastructure Projects�2014-118 2014 RR Painting Services\Bid Tab 2014-118.x1s , PROPOSAL FORM 2014 Reconditioning and Painting of Steel Fence Sections, Fence Support Posts, and Decorative Light Poles City Project 2014-118 CITY OF APPLE VALLEY, MINNESOTA To the City of Apple Valley: The undersigned, having studied the specifications, dated June 18, 2014, being familiar with local conditions, having made the field inspections and investigations deemed necessary, and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes ta furnish all labor, tools, materials, skills, equipment, and all else necessary to complete City Project 2014-118, 2014 Reconditioning and Painting of Steel Fence Sections, Fence Support Posts, and Decorative Light Poles. The undersigned Proposer understands the quantities of Work as shown herein are subject to increase or decrease, and proposes to do the Work whether the quantities are increased or decreased at the unit price stated in the following schedule of prices. The unit price as quoted shall constitute compensation in full for the respective items. Na Item Unit Est. Unit Total Quantity Price Price 1 3-Rai1 Fence Painting LF 1 600 °[ �� c�' � � $ � $ �� (23 '/4" Tall) 2 Fence Post Caps Each 25 $ ,�?, � $ ��"�'� � 3 L-Shaped Mounting Brackets Each 1,224 $ �, ''�'� $ �� '�/�,le�a 4 Fence Support Posts Painting(32") Each 136 � � � � �s _ $�.�� 5 Decorative Light Pole Painting Each '70 $ 1��j � $ � �� Total Bid $�� P-1 . In submitting this bid it is understood the Owner retains the right to reject any and all uotes a irregularities and informalities therein and to.award the contract in the best interest of the Cq y. nd to waive In submitting this quote, it is understood that payment will be by check. Date (��,r�G��c��/`� Respectfully submitted, �l�d`�'��'`J�t�t�1��/9.5�� f ` � 4fh/jri � �raL. r Name of Business Submitting ld —�� "� State of Origin &Corporation or Partnership Signed By �`' £ /��,�(� V . f:"G'°.->'( . . Title — �t�'''j�� 4- /� GT�^r'� Pnnted Name of Signer _�a�C�� /'��"'��--�.� � 1 �� Address .�I� c��r- C�'�i1c�rr�C � -e i � City, State&Zip Code `�-� �.�� --�--s��- .��s� �- �� .� Telephone Number ' ''`� `� f ' � �� Cel Phone Number �/ � � �� "�� FAX Number id�J r Y �`- �� i' [ d 6-Gr �" \ Email Address P-2 Glewwe, Mike From: Shawn Nasby <shawn@olsrestoration.com> Sent: Thursday,July 03, 2014 9:08 AM To: Glewwe, Mike Subject: Re: Railing and light pole bid Mike, Will you please withdraw our bid for painting of the railings and light poles that was submitted yesterday due to a couple major errors. We are very sorry for inconvenience and hope this doesn't impact our relationship with the City of Apple Valley. Have a good day, Shawn Nasby On Wed, Ju12, 2014 at 11:12 AM, Shawn Nasby<shawn(a�olsrestoration.com>wrote: Mike, I have attached our bid for painting the railing and light poles. I'm wondering if you have plans to separate the poles from the railing bid if the numbers work out in the cities favor? Please confirm you received the quote and let me know where we stand on the bid when you get a chance. I hope to work with you again this year on your project! Have a great day, Shawn Shawn Nasby � Sales Manager � OLS Restoration, Inc. T: 612-819-6410 � Shawn Nasby � Sales Manager � OLS Restoration, Inc. T: 612-819-6410 � 1 ... �-}-. N .... ..... •es• •e�. City of App�e I Va� ey MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Colin G. Manson, City Engineer DATE: July 10, 2014 SUBJECT: HOLYOKE AREA EASEMENT AND DRAINAGE IMPROVEMENT AGREEMENT Public works staff has been working with five property owners in the Holyoke area in order to modify each of the properties to attain flood protection during 100 year rainfall events. Attached for consideration is one agreement that allows for City funding of property modifications in exchange for storm water ponding easements and a release of the City from liability for past or future flooding. As of this time, three of the five property owners' agreements have been signed with the attached agreement being the fourth. Public.Works staff continues to work with the remaining property owner, and will bring forward the associated agreement as it is finalized. Cost associated with the improvements has been programmed into the storm water drainage utility. Recommended Action: Approve Holyoke Area Easement and Drainage Improvement Agreement For Lot 8, Block 2, Palomino Lakeside Meadows 3rd Addition. CGM:cIg Attachments c: Todd Blomstrom CITY OF APPLE VALLEY HOLYOKE AREA DRAINAGE IMPROVEMENT AGREEMENT This AGREEMENT is made by and between Kerry T. Sobieck (the "Owner") and the CITY OF APPLE VALLEY, a Minnesota municipal corporation (the "City") (collectively the «Parties"). � � � � � - RECITALS A. The Owner is_the fee owner of real property located in the City of Apple Valley, County of Dakota, State of Minnesota, legaliy described as follows: Lot 8, Block 2, PALOMINO LAKESIDE MEADOWS 3RD ADDITION, according to the duly recorded plat(the "Property"). B. There exists a pond on the Property and the high water level of the pond in relation to the existing structure poses a potential flooding concern for the structure on the Property. C. The ,City's Surface Water Management Plan (the "Plad') identifies drainage improvements regarding the pond on the Property. D. The City desires to make drainage improvements consistent with its Plan to provide additional flood protection to the structure on the Property. These improvements include modification to the grade of the Property and modification to the structure on the property to raise the lowest point of entry into the structure. Collectively, the drainage improvements and structural modifications on the Property to implement the Plan shall be referred to hereinafter as the"Project." E. The City and the Owner desire to enter into this Agreement to provide for planning, construction work, and payment for the Project. NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements provided herein,the Parties agree as follows: 1 1. Plannin�. The City shall have the sole authority to draft plans and specifications for the Project. 2. Construction. The Owner may hire any contractor of the Owner's choosing to perform the construction work for the Project, but the construction work shall be according to the City's plans and specifications for the Project. The contract for construction work sha11 be solely between the Owner and his/her/their contractor and the City shall not be a party to said contract. All work performed by the contractor shall be subject to inspection and approval by the City. The work shall not be deemed completed hereunder until inspected and approved by the City. 3. Pa,�ment. A. Responsibilitv for Costs. The City shall be solely responsible for the cost of drafting plans and specifications for the Project. The City shall identify and obtain quotes from a minimum of three (3) contractors for the construction work for the Project. The City shall contribute to the cost of the construction work up to 105% of the average of the two (2) lowest quotes obtained by the City. If the cost of the construction work exceeds 105% of the average of the two (2) lowest quotes obtained by the City, the Owner shall be solely responsible for the additional cost. � � B. Escrow Required. DCA Title, 7373"147�' Street West, Suite 161, Apple Valley, MN 55124 ("DCA Title"), or if DCA Title is unwilling a similar mutually agreed upon escrow agent, shall act as escrow agent holding the funds for the construction work in escrow. The City shall draft the disbursing agreement for the Project. The City shall only be required to escrow the lesser of 105% of the average of the two (2) lowest quotes for construction work obtained by the City or the Owner's selected contractor's estimated cost to complete the construction work. If the Owner's selected contractor's cost estimate exceeds the average cost of 105% of the two (2) lowest quotes obtained by the City, the Owner shall escrow the funds for the amount of the construction cost exceeding the City's maximum contribution. All funds must be escrowed prior to commencement of the construction work. The City shall not be required to escrow its portion of the funds for the construction work until the Owner's selected contractor has submitted to the escrow agent the sworn construction statement. The escrow agent shall not release the funds to the Owner. The escrow agent shall release to the contractor up to 10% of the Owner's selected contractor's estimate at initiation of construction to allow for purchase of materials. The escrow agent shall not release additional funds to the contractor until the City has inspected and approved the work for the Project and the escrow agent has received lien waivers from all contractors, subcontractors, and material suppliers who provided material or labor for the Proj ect. 4. Easement. The Owner hereby grants to the City a Drainage and Utility Easement pursuant to the terms of Exhibit A attached hereto and executed herewith. The Drainage and Utility Easement shall be recorded against the Property. 5. Release. In consideration of this Agreement and upon payment by the City to the escrow agent, the Owner hereby absolutely and unconditionally releases the City and any representatives thereof of any claims, disputes, demands, actions, suits, damages, judgments, 2 executions, expenses and other liabilities whatsoever, whether liquidated or unliquidated, absolute or contingent, arising out of or related to the deposit, retention or existence of surface water on the Property. This release is based solely on this Agreement and is without any other reliance on any statements or representations by the City or representatives thereof. 6. Disclaimer. The City does not warrant, whether express or implied, the design, construction or performance of the Project completed as a result of this Agreement. The Owner acknowledges that the City does not warrant the same. 7. Non-Admission of Liabilitv. The Parties recognize and agree that this Agreement does not constitute an admission by the City of any liability related to the deposit, retention or existence in the past, present, or future of surface water, or damage caused thereby, on the Property. 8. Governin� Law. The laws of the State of Minnesota shall govern the interpretation,validity,performance, and enforcement of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement. CITY OF APPLE VALLEY, a Minnesota municipal corporation � Dated: � , 20 � � By: Mary Hamann-Roland Its: Mayor Dated: , 20 By: Pamela J. Gackstetter Its: City Clerk OWNER: Dated: , 20 � Dated: , 20 3 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 , by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. � Notary Public � STATE OF MINNESOTA ) � ) ss. � COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_,by Notary Public THIS INSTRUMENT WAS DRAFTED BY: 4 DRAINAGE AND UTILITY EASEMENT THIS EASEMENT is made this day of , 2014, by Kerry T. Sobieck (the "Landowner"), in favor of the City of Apple Valley, a Minnesota municipal corporation(the "City"). The Landowner is the fee title holder of property legally described as follows: Lot 8, Block 2, PALOMINO LAKESIDE MEADOWS 3RD ADDITION, according to the recorded plat thereof, Dakota County,Minnesota � (the"Property"). � � The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent easement for drainage and utility purposes over,under and across the property legally described as follows: Beginning at the northeast corner of Lot 8, Block 2, PALOMINO LAKESIDE MEADOWS 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota; thence South 40 degrees 02 minutes 07 seconds West, assumed bearing along the southeast line of said Lot 8, Block 2, a distance of 96.74 feet; thence North 30 degrees 26 minutes 20 seconds West, 60.21 feet; thence North 00 degrees 06 minutes 09 seconds West, 19.34 feet to the northwest line of said Lot 8; thence North 32 degrees 15 minutes 07 seconds East, along said northwest line of Lot 8, a distance of 85.02 feet to the northeast line of said Lot 8; thence South 34 degrees 27 minutes 03 seconds East along said northeast line of Lot 8, a distance of 83.78 feet to fhe point of beginning. (the 'Basement Area"). See Exhibit "A"attached hereto and incorporated herein. The grant of the foregoing easement includes the right of the City, its contractors, agents and servants to enter upon the Easement Area at all reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the Easement Area to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. The Landowner covenants with the City that it is the fee owner of the Property and has good right to grant and convey the easement herein to the City. This easement and the covenants contained herein shall run with the Property and shall bind the Landowner and its successors and assigns. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. Kerry T. Sobieck STATE OF MINNESOTA ) � � ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014,by Kerry T. Sobieck Notary Public This instrument was drafted by: Dougherty, Molenda, Solfest, Hills &Bauer P.A. 7300 West 147th Street, Suite 600 � Apple Valley, Minnesota 55124 (952) 432-3136 MDK(66-34826) 2 EXHIBIT "A" APPLE VALLEY, MINNESC�TA NOLYOKE AREA FLOOD MITIGATION PR�JECT --._ -,,� ��^' is�*�' ,<r;aJ� ";d�� f`,.v �1 a`�� \ . 1� �� ,�t, ,�o�yp•y •>d+0"�+�„� ��J �}�,�'4 0y' �` „��J�vt �'`�a`� � � x � �a� � , ^ �� i �' `��g � ._.._..�. r�V��i ,\ �� Easen�dak ` �� `��ec�`�➢� `` � �k� ''C=' ��(,�1_J .__.�9-�_•.,'_.,, i f� �� ``` iv\�r �� ' ; � �� C.7 `, ,�y,4- Z`� e� �o•�°�,�'�ti 51 ` �O f��, ��'�r � ' °�d°ti� �• � � � ,�. e �A�y, �u � 6Tit`�� ..,, at \ e ,9 ,��J�v `� � �,�, � J � �,r`,� �� ,.; �� 7' � ''J `°�' N . �� ,� � � o n so � sc�.e tn�r LEGEND � PERMANENT DRAINAC,E �ElTILITY EASEMENT PROPQSEd PERMANENT DRAINAGE ANO URISIY EASB+IENT" A permanent ease�r�tt for drainage arK1 utikty p�rpo9es ovpr,u�der,�d a[►oss th�part of lot 8,Blodc 2,PALOMINO LAKESLDE MEADOWS 3RD A�IIION,ac�cording to tlie reaotded pfat thereof,Dakota CQU�ty.MiHx�ota,said easerr�rK 6 de�ed� fo�o+vs: Beg�r�g at the nortiieast oort�er of said Lot 8,Bbck 2;tlience South 40 degrees 02 mirn�es 07 seconds West,aswmed bearing abng the saitfieast line of sa�d Lot 8,Bbdc 2,a di�of%.74 keet;ttHaice Nortli 30 degrees 25 minuGes 20 sewnds West, 60.21 feec;the�ce Nath 00 degrees 06 ndra�es 09 seoo�ds 1Nest, 19.34 feet tn the�aihwest lirre of said l�8,thenoe North 32 degr�15 minubes 07 seconds East,abmg said�orttirrest ine of Lot 8,a distance of 85A2 fcet to the nwttieast kne of said Lot 8; thence Sarth 34 degtees 27 mawCes 03 seca�ds E�t ala�g s�d natheast liie ot Lc�8,a distance of 83,78 Fcet to Uie poKtt of be9�ning, Said drainage and utikty easQment wntains�5,913 square(eet(t0.16 aaps). REYISED:MAY 21,2014 i HEREBY CERTiFY THAT THIS FLAN,SPECIF�CATiON,OR REPORT SURVEY W AS PR�PARED BY ME OR UNDER MY pIRECT$UPERVi$ION �� AND THAT I AM A DULY LICENSED PROFE$$IONAL LAND SURVEYOR UNDER THE LAWS Of THE STATE OF MINNESOTA. DRAWN PRINT P1AME: DANIEI J.ROEBER St.PCIUI O�CE 2335 West Highway 36 DJR i Saint Paul,MN 55113 SIGtJATURE: / P��'4� PROJ.NO. DATE MAY 2Q 2014 C.NO. 43133 ��1-63b-1311 1938Q2441 Website:wwwstantec.com 3 ... �'-�. � .... ::::' ... City of p►pPVa��ey MEMO Public Works Department TO: Mayor,City Council,and City Administrator FROM: Carol Blommel Johnson,Public Works Superintendent-Utilities DATE: July 10,2014 SUBJECT: PROFESSIONAL SERVICE AGREEMENT WITH BLACK&VEATCH FOR CITY PROJECT 2013-168,WELL 16 ANALYSIS Attached for consideration is a Professional Service Agreement with Black & Veatch to provide engineering consultant services related to existing Municipal Well No. 16. This well was originally constructed in 1965 as part of the former gravel mining operation north of County Road 42. The City acquired this well in 1999 and used it as part of the municipal water supply until 2013. There are some general long term concerns with Well No. 16 based on its construction. The well shaft is hydraulically connected to both the Prairie du Chien and Jordon aquifers with no isolation to one single aquifer. Staff originally planned to decommission and seal this well as outlined in the 2013 operating budget for the Water Utility. State regulatory requirements for new municipal wells are becoming increasingly more complex and restrictive. Based on these challenges, staff wishes to consider rehabilitation of Well 16 to restore the production capacity and protect the well against potential cross contamination between the two aquifers. This analysis requires a consulting firm with specialized groundwater knowledge and design experience. Staff recently requested a proposal from Black & Veatch to perform the scope of services as outlined in the attached proposal. Black & Veatch is a large national consulting firm with expertise in municipal water supply systems and groundwater analysis. The total fees outlined in the proposal total $60,000. While this expenditure is not specifically identified within the 2014 operating budget for the Water Utility, anticipated cost saving measures within the 2014 capital outlay for well rehabilitation would provide adequate funding to cover the proposed fees. Staff feels that the proposed scope of work would be a valuable investment based on increasing regulatory requirements as noted above. Recommended Action: Approve Professional Service Agreement with Black & Veatch for City Project 2013-168, Well 16 Analysis, in the amount of$60,000. CBJ:cIg Attachment c: Todd Blomstrom BLACK&VEATCH SCO1T FRONEK , Building a world of difference: Project Manager,Water Division 7760 FRANCE AVENUE S,SUITE 1200 MINNEAPOLIS,MN 55435 (952)896-0500 � FRONEKSD@BV.COM May 23, 2014 Carol Blommel Johnson Public Works Superintendent City of Apple Valley 7100 147th Street West Apple Valley,MN 55124 Re: Proposal for Well 16 Analysis Dear Ms. Blommel Johnson: Thank you for the opportunity to respond to the City of Apple Valley's Request for Proposal regarding Engineering Consultant Services for the analysis of the City's Well 16. For over 20 years,Black&Veatch has been providing groundwater consulting and design for communities in the southern portion of the Minneapolis/St.Paul area. These services have included such items as groundwater modeling,designs of new wells,reviews of well interference,and well renovations.We are confident our experience in neighboring communities such as Bloomington,Burnsville, Eden Prairie, Lakeville,Savage,and Shakopee can effectively help Apple Valley meet your project needs related to We1116. Our proposal,included with this letter,has been organized into the following sections: • ProjectApproach ---includes our proposed scope of services • Project Team ---brief descriptions of our key personnel • Project Expe�ience---brief summary of our local groundwater experience • Proposed Fees--- our proposed costs associated with the scope of work • Resumes---detailed descriptions of our key personnel We appreciate the opportunity to provide engineering services to the City. If there any questions,please do not hesitate to contact me at (952) 896-0500. Sincerely, BLACK&VEATCH WATER ..-- s�� . �� Scott D.Fronek,P.E. Project Manager . �ft PROPOSAL FOR WELL 16 ANALYSIS � PAGE 2 MAY 23,2014 PROJECT APPROACH We1116,a multi-aquifer well owned and operated by the City,has not been in service since 2012 due to a significant fuel leak in the viciniry of the well.The tank farm which generated the leak is located in an area that could influence other City wells,so the long-term viability of We1116 is uncertain at the present time. The reduction in overall capacity without We1116,coupled with the Metropolitan Council's concern regarding the long-term supply of groundwater to the Minneapolis/St. Paul Metro area,presents challenges to the City related to its water supply. This project would review options to increase the City's capacity for water supply,by investigating the feasibility of salvaging and rehabilitating We1116 for future use. Based on the Request for Proposal,we would recommend at this time that a desktop study,absent of field investigations,be conducted. This would allow the City and Black&Veatch to gather the right information upon which future decisions can be made. Future work with this well may include field work,but we would recommend that be conducted only after an initial phase. For example,it may be prudent in the future to conduct a pump test with a drilling contractor to see if water from the Prairie du Chien can be isolated so that a pump test can be performed only on the Jordan portion of the well. Additionally,at least one observation well nearby should be available during the test on We1116 to estimate storage properties,which would factor into calculations about movement of the fuel spill over time. In accordance with the City's Request for Proposal,we propose the following tasks for this project: Task 1—Existing Well 16 Data Review This task would evaluate data from existing sources to more completely understand the existing issues related to Well 16. Task elements to include: • Initial kickoff ineeting; • Further evaluation of CC1'V files inside of well to see if the transition from Prairie du Chien to Jordan is evident in the open borehole; • Review of Apple Valley Groundwater Model from Wellhead Protection Plan. Model is assumed to be the Metro Mode12 from the Metropolitan Council. • Review of Wellhead Protection Plan Drinking Water Source Management Area (DWSMA) and Wellhead Protection Area (WHPA). • PROPOSAL FOR WELL 16 ANALY515 � PAGE 3 MAY 23,2014 Task 2—Determination of Pump Capacity Following the We1116 Data Review,additional studies and testing would be proposed to confirm assumptions and determine pump capacity. The following work would be provided as part of this task: • Review existing pumping information from We1116 before it was removed from service,to project the pump capacity (i.e.well yield). • Participate in Project Meeting to review results and discuss future options. High level options will be presented at this meeting and clarification on options to be evaluated in future tasks will be discussed. Task 3—Determine Alternatives and Costs This task would determine alternatives available to the City for returning We1116 to operation,and estimate projected costs associated with each alternative. • Refinement of Metro Model 2 model,using test information,other available recent data,and information from surrounding communities'production wells. • Performing yield analysis on groundwater model. Use particle tracking and transient analyses to determine movement of fuel spill over time. Evaluate before and after effects of using We1116 to determine potential impacts or benefits of pumping the)ordan aquifer at Well 16. • Develop up to two options and associated costs for rehabilitation and/or modifications. Task 4—Prepare Technical Memorandum This task would finalize and prepare a technical memorandum to document the results of the project. The memorandum will provide a summary of recommendations,along with future work that could be considered for this well.For example,it may be prudent in the future,depending on the results of the project,to conduct a pump test with a drilling contractor to see if water from the Prairie du Chien can be isolated so that a pump test can be performed only on the Jordan portion of the well. Ideally,at least one observation well nearby would be available during the test on We1116 for estimating storage properties,which would factor into calculations about movement of the fuel spill over time. • Preparation of Draft Technical Memorandum. • Presentation of results in final rneeting with City. • Completion of Technical Memorandum. �11 I I i . � PROPOSAL FOR WELL 16 ANALYSIS � PAGE 4 MAY 23,2014 PROJECT TEAM From our recent groundwater work in the Twin Cities area,we are confident our project team includes the required expertise for a successful project. This expertise indudes: • Local staff-nearby and quick access for engineering support • National tec�►nical experts-specialists that understand technical groundwater issues and have experience in the Twin Cities • Experience with local groundwater supply and treatment-the groundwater issues in the Dakota,Hennepin,and Scott counties are very similar. Black&Veatch has significant experience with these areas that can benefit Apple Valley in better understanding potential solutions. � Scott Fronek will serve as the Project Manager for the project and brings over 20 years of Water and Wastewater experience to the team,including managing groundwater projects in Bloomington,Burnsville,Lakeville,Savage,and Shakopee. He will provide high level technical and administrative guidance to the project to ensure the project is completed on-time and on-budget. Bo Johnston is an Engineering Manager in our Minneapolis office responsible for the technical delivery of drinking water projects in Minnesota, North Dakota,and South Dakota. Mr.Johnston will be responsible for the technical management of the project as well as be the day-to-day contact for the City of Apple Valley. He has been involved in numerous groundwater projects for several of Apple Valley's neighbors including Burnsville and Savage. Anna Munson will provide local engineering needs in support of both Bo Johnston and our Technical Specialists. Anna recently provided engineering design and analysis on several groundwater projects including a WHPP for the City of Burnsville, and long-range Water Supply project for the City of Savage. Prior to working for Black &Veatch,she gained considerable experience of the Jordan and Mt.Simon-Hinckley aquifers from her work experience at the Minnesota Department of Health. Black&Veatch uses a core group of water resources experts to develop collaborative and effective water resources solutions to meet our client's challenges. By having full- time specialists engaged in the field of water resources,we can provide a highly qualified team combining both talent and experience for your project. For this . project,we would utilize both Jeff Henson and Kristopher Hahn on the project.Both Mr. Henson and Mr. Hahn have been intimately involved in all of Black&Veatch's local groundwater work for Bloomington,Burnsville,Lakeville,Savage,and Shakopee. . � PROPOSAL FOR WELI 16 ANALYSIS � PA6E 5 MAY 23,2014 These water resources professionals would be supported with water modelers, GIS specialists,remediation engineers,and other water quality engineers. Mr. Henson currently serves as the Director of Water Resource group for Black& Veatch and has 29 years of experience in the water resources group. He specializes in all aspects of groundwater study and design,having completed many groundwater supply evaluations including the siting,sizing,and design of water supply wells. Mr. Hahn is a Water Resources Engineer and has performed a wide array of water resources engineering projects at Black&Veatch,including water supply studies, conjunctive groundwater and surface water yield evaluations,groundwater hydrology and hydraulics,well field evaluations,well design,dewatering projects,and aquifer testing and modeling. Resumes for these proposed team members are included for reference. PROJECT EXPERIENCE Black&Veatch understands the groundwater in your area from our projects with nearly all of your neighbors. This experience of the unique challenges provided with groundwater from the Jordan,Prairie du Chien,and Mt.Simon-Hinckley aquifers will help us evaluate realistic and reliable solutions related to We1116. CITY OF BURNSVILLE, MINNESOTA In 2011 and 2012, Black&Veatch performed a technical review of the City's water supply with regards to proposed mining to greater depths at the nearby Kraemer Quarry.That review was primarily focused on questions and comments regarding the protection of the City's groundwater supply,noting the quarry is in excellent hydraulic connection with the Prairie du Chien and also has a connection with the deeper aquifers.When completed,the proposed bottom of the quarry will be less than 10 feet above the Jordan sandstone aquifer where the City obtains much of its drinking water.The review reviewed the impermeable nature and thickness of rock that will be left in place over top of the Jordan aquifer when mining is complete. It also evaluated the potential for migration of contaminants from two nearby landfills toward the quarry. In 2013, Black&Veatch completed an update to the WHPP and preliminary work for a Surface Water Protection Plan related to the City's water supply from the quarry. � • � PROPOSAL FOR W�LL 16 ANAI�YSIS � PAGE 6 �,. MAY 23,2014 CITY OF SAVAGE, MINNESOTA �> ., ,, . . ;.„ . . Black&Veatch is currently working on R �—•• �"�"'"'4°"''a'V`� " a long-range water supply study for the , � � K�..�« � � ' �� ' °"'" City of Savage,to evaluate the long- � ' RawwU .r�-Y�, . .. �• '�. �•' ' r : . � : term water source and treatment � � � �'�� ' r .�_ � �� alternatives for the City.The project `s �' :.; • ' '�4 ' ' "'�'"'" ' included a review of the groundwater $ .. M�'�'�� sb,;,,� ! ~- �,� ' conditions for the City,which are very �� ,., r,: -� ' - '`� . • ' complex,due to issues related to the �� . . .Y'� � � ,,,„:��, ; Savage Fen along the Minnesota River. �w�. fr�..;.;�: „ -. „ .� The project included a preliminary -. ' t•� , ' -�'� , ::�.. . . . �+�a. review of long-range options,which .rf " ' � �'�'�''° � include expansion to the south to meet growing needs associated with the Credit River township. CITY OF BLOOMINGTON, MINNESOTA � In 1998,the City of Bloomington retained � Black&Veatch to prepare a �''' ��,�� comprehensive master plan consisting of both immediate and long-term � �� `��a improvements to the City's water supply, � ,,_ ,�, treatment,and distribution facilities. �: ��; �-- Black&Veatch evaluated numerous approaches to expanding the water � ��`;�� treatment plant capacity from 9 mgd to - r 14 mgd. The construction of a new WTP was completed in 2002. In 2010,Black&Veatch updated the original master plan, completing a Water System Master Plan which included a review of groundwater issues and source water analysis for Bloomington's water needs to 2040. CITY OF LAKEVILLE, MINNESOTA In 1998, Black&Veatch completed design and construction phase services for a new 10 mgd water treatment plant and utility maintenance facility. A few years later, demand for treated water necessitated a 10 mgd expansion of the plant,which was also designed by Black&Veatch. The work associated with the 20 mgd water PROPOSAL FOR WELL 16 ANALYSIS � PAGE 7 �� MAY 23,2014 treatment plant included well siting and source modeling,as well as a review of groundwater interference issues related to private and public wells in the east portion of the City. Black&Veatch is currently working on a upgrade of the City's Water Treatment Facility to provide additional pumping and finished water storage facilities. CITY OF EDEN PRAIRIE, MINNESOTA � Black&Veatch was selected by the City of Eden Prairie in 1972 to develop a water supply and treatment program,which , led to the design of a 4 mgd water treatment plant and water � �� supply wells.Subsequent expansions of 4 mgd in 1982, 10 mgd in 1988,and 10 mgd in 1998,also designed by Black& - Veatch,increased the capacity to 28 mgd. As part of this work, the well field was also expanded to meet the increased demand for raw water. METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES - BLUE LAKE WWTP (SHAKOPEE, MN) Black&Veatch provided planning,design,and construction phase services for the Metropolitan Council Environmental Services (MCES) in a program to upgrade and expand the Blue Lake Wastewater Treatment Plant in Shakopee.As a part of that$125M program, Black&Veatch provided review and design of ' the dewatering and levee design for structures within the facility. A detailed model of the groundwater influences as well as evaluation � of several dewatering pumps was provided. The project included the development of two new wells,and rehabilitation of nine (9) �I other wells for increased capacity in the event of a flood.The groundwater ', dewatering system controls the level of the groundwater in the vicinity of tunnels and secondary clarifiers,primary clarifiers and aeration tanks to protect against flooding and infiltration into the tunnels and tanks,as well as keeping the tanks from floating. PROPOSED FEES We have developed a proposed cost for this project based on the Request for Proposal,and our proposed scope of services. A summary level of effort has been included on the attached page. . � BLACK&VEATCH sCOP�FOR WELI.16 ANALYSIS � PAGE 1 y Buildin9 e WOI'Id of difference: JUNE 19,2014 PROJECT SCOPE In accordance with the City's Request for Proposal,we propose the following tasks for this project: Task 1—Existing Well 16 Data Review This task would evaluate data from existing sources to more completely understand the existing issues related to We1116. Task elements to include: • Initial kickoff ineeting; • Further evaluation of CCTV files inside of well to see if the transition from Prairie du Chien to Jordan is evident in the open borehole; • Review of Apple Valley Groundwater Model from Wellhead Protection Plan. Model is assumed to be the Metro Mode12 from the Metropolitan Council. • Review of Wellhead Protection Plan Drinking Water Source Management Area (DWSMA) and Wellhead Protection Area (WHPA). Task 2—Determination of Pump Capacity Following the Well 16 Data Review,additional studies and testing would be proposed to confirm assumptions and determine pump capacity. The following work would be provided as part of this task: • Review existing pumping information from We1116 before it was removed from service,to project the pump capacity (i.e.well yield). • Participate in Project Meeting to review results and discuss future options. High level options will be presented at this meeting and clarification on options to be evaluated in future tasks will be discussed. Task 3—Determine Alternatives and Costs This task would determine alternatives available to the City for returning We1116 to operation,and estimate projected costs associated with each alternative. • Refinement of Metro Mode12 model,using test information,other available recent data,and information from surrounding communities'production wells. • Performing yield analysis on groundwater model. Use particle tracking and transient analyses to determine movement of fuel spill over time. Evaluate before and after effects of using Well 16 to determine potential impacts or benefits of pumping the Jordan aquifer at We1116. � Develop up to two options and associated costs for rehabilitation and/or modifications. . BLACK&VEATCH SCOPE FOR WELL 16 ANALY515 � PAGE 2 s Building a WOI'ICI of differencet JUNE 19,2014 Task 4—Prepare Technical Memorandum This task would finalize and prepare a technical memorandum to document the results of the project. The memorandum will provide a summary of recommendations,along with future work that could be considered for this well. For example,it may be prudent in the future,depending on the results of the project,to conduct a pump test with a drilling contractor to see if water from the Prairie du Chien can be isolated so that a pump test can be performed only on the Jordan portion of the well. Ideally,at least one observation well nearby would be available during the test on We1116 for estimating storage properties,which would factor into calculations about movement of the fuel spill over time. � Preparation of Draft Technical Memorandum. • Presentation of results in final meeting with City. • Completion of Technical Memorandum. Task 5—Review Additional Information for Water Production This task would include additional project elements beyond Well 16 to consider water usage and proposed water production. Project elements include the following: • Obtain available historic static water level data (provided in Excel format) : collected from City's municipal wells between the year 2000 to present or longer as data permits. City to assemble and provide raw data with data analysis by Engineer. • Review water level data and perform statistical analysis to characterize potential historical trends in static groundwater levels. Prepare graphic depiction of results and trendlines. Graphic to include map showing relative change in water level for pumping area. • Prepare a preliminary technical memorandum to summarize historical water production and water levels. • Review historical water production records (provided in Excel format) and develop consumption rate (gallons per capita per day) and peaking factor. Using the selected consumption rate and peaking factor,update forecasted Average Day Demands and Maximum Day Demands in five year increments through the year 2040 based on revised population forecasts provided by the City. • Review pumping capacity of existing 21 supply wells and formulate recommendations for the need to construct additional supply wells to meet 2040 Maximum Day Demands. Effort to include desktop analysis of pumping records to determine pump capacity per well. Finalize technical memorandum with water production and capacity analysis results. � � Black&Veatch Corporation Project Project Admin Engineering Civil GIS Specialist Sr.Water Water SUBTOTAL, TOTAL COST Manager Manager EngineedWater Resources Resources hours (Fronek) (Johnston) Resources Engr Specialist Specialist PHASE/Task (Henson) (Hahn) TASK 0-Projeet Management S 2,400 A Project Msnagement/Admin 4 8 4 4 - - - 20 $ 2,400 TASK 1-EXISTINCs WEIL 16 DAFA RE\A€W S 9,670` A Kickoff Meeting 2 4 2 _ 2 2 �2 $ �ggp B Evaivate CCN Vdeo _ _ _ _ _ _ 4 4 $ 700 C Review Metro 2 Model _ _ _ _ _ _ 24 24 $ 4,200 D Review WHPP,DWSMA,WHPA _ _ _ 4 2 - 12 18 $ 2,790 TASK 2-L7ETERMINA710N�PUMP CAPACITY - S 5,960 A ReviewexistingpumpiMorma6on _ _ _ 4 - - 8 12 $ 1,840 B Calculate yield of well _ _ ' _ _ _ 1 16 17 $ 2,995 C Intertnediate Project Meeting _ 2 p _ � 2 7 $ 1,125 TASK3-DEVELflP ALTERNATiVES AND C�TS; $ 16,320 A Refine model arxi projections _ _ _ 32 - 1 8 41 $ 5,115 B Perform yield anaNsis on grourniwater model _ _ - 16 - 1 4 21 $ 2,655 C DevelopOptions _ _ �6 16 - 1 4 37 $ 4,895 D Develop Costs _ - 4 20 - 1 4 29 $ 3,655 TASK'4-PREPARE TECHI�CAI MEMORANpUM 3 10.650 A Prepare Draft Technical Memorendum _ 2 2 16 - 1 24 45 $ 6,595 B Final Meeting with City 2 _ 2 2 _ 2 8 $ 1,260 C Finalize Technical Memorandum _ 2 2 g _ � 4 17 $ 2,795 TA$K S'•ADDfT10NAL TASK ITEMS REQUESTED BY CITY a 16,000 A Historical Water Data Analysis _ 4 4 8 - - 4 20 $ 2,460 B Water Level Data Anarysis _ _ 4 16 12 32 $ 4,420 C Preliminary Technical Memo 2 2 g 4 16 $ 2,095 D Water Production Data Anaysis _ _ 2 20 22 $ 2,480 E Pumping Capacity Data Anaysis _ _ 2 g 4 14 $ 1,860 F Finalize Technical Memorandum 2 2 z 4 2 12 $ 1,685 Subtotal,Hours 10 20 52 190 2 10 744 428 $ 60,000 6/19/2014 Page 1 City of Apple Valley � �-'RGPC�Sl:1. �C�R tME3 7�,�f�/��Y�:� Scott D. Fronek, P.E. Mr.Fronek has more than 20 years of experience in the planning and design of �� water and wastewater treatment facilities,including facilities planning, � specialization: � �� preliminary design,detailed design,and construction setvices. water and wastewater Treatment . PROJECT EXPERIENCE Office Location Minneapolis,MN Education WATER SUPPLYAND TREATMENT � as,Civil and Environmental City of Savage � Water Supply and Treatment Study; Savage, MN 2014 Engineering,University of 0 Wisconsin,1992 Project Manager.Served as Project Manager for a project to assess the City's Professional Registration existin water su 1 treatment and distribution s stem for a 20- ear lannin PE—1997,i�,062051796 g PP Y� Y Y P g PE-2007,Mrv,45419 horizon.Project included alternative development focused on new treatment PE—2010,No,PE-7214 facilities for the ex andin south ortion of the Ci Professional Associations p g p ty,as well as purchasing > qmerican Water Works wholesale water from a nearby community. association � Water Environmental City of Burnsville � Water System Studies; Burnsville, MN � 2014 Federation Year Career Started Project Manager.Responsible for overall project management for all work to- 1992 date with the City of Burnsville to work through issues related to taste and odor Year Started with B&V 1998 challenges that surfaced at their water treatment plant in 2009.Black&Veatch has completed a series of studies and designs to assist the City with various water related issues.One of the projects was a study to better understand the City's water supply with regards to proposed mining to greater depths at the nearby Kraemer Quarry.That review was primarily focused on questions and comments regarding the protection of the City's groundwater supply,as the quarry is in excellent hydraulic connection with the Prairie du Chien and also has a connection with the deeper aquifers. City of Bloomington � Water System Master Plan; Bloomington, MN � 2010 Project Manager.Technically managed the evaluation of the City's existing water supply,treatment,and distribution facilities for compliance with regulations and ability to supply adequate water flow to customers through 2030.Project elements included evaluation of water treatment plant including solids handling system,distribution system modeling,supply water evaluation, and needs assessment.Project included the assessment and long-term viability of the City's groundwater supply. City of Lakeville � Water Treatment Facility Expansion Study; Lakeville, MN � 2013 Project Manager.Provided technical guidance and management to evaluate the drinking water supply requirements of the City for a 20-year planning period with respect to population growth and water usage patterns.The project included development of a schedule for improvements and plant expansion for the Cit�s 20 mgd Water Treatment Facility. BLRCK&VEATCh6 { Scott D.Fronek,�.E, � � � f;f i':_)S��t,i-�[� ��t��. .i£�N��t�S{S � City of Apple Valley Metropolitan Council Environmental Services � Seneca Disinfection & Phosphorus, and Blue Lake Improvements; St. Paul, MN � 2013 Project Manager.Responsible for managing the Preliminary and Detailed Design efforts for several contracts on Blue Lake and Seneca WWTP Improvements.The overall project is a 7-year,$125 million expansion to the Blue Lake and Seneca WWTPs which is being executed using six different construction contracts.Served as project manager for Blue Lake Site Dewatering Project,in which the existing groundwater system was completely rehabilitated to provide flood protection.A detailed groundwater model was developed,along with troubleshooting and evaluation of several dewatering pumps. The project included two new wells and rehabilitation of 9 other wells for increased capacity in the event of a flood. City of St. Cloud ( WTF Improvements-Rehabilitation and Generator Project; St. Cloud, MN � 2011 Project Manager.Responsible for managing the detailed design of renovation at the St.Cloud Water Treatment Facility.The project was completed in conjunction with another engineering company.Black&Veatch's portion of the work centered on the design of a new building to house a 2000 kW engine generator.The generator provides critical power to the Water Facility in emergency situations.The project also included renovations to sand filters,and miscellaneous architectural,structural,HVAC,and electrical systems. City of St. Cloud � WTF Improvements-Filter& Clarifier Rehabilitation; St. Cloud, MN � 2010 Project Manager.Responsible for managing the detailed design and construction efforts of the clarifier rehabilitation.The project was completed in conjunction with another engineering company.The project included replacement of the paddle-type flocculators with vertical turbine flocculators.In addition,the project included the replacement of the tube settler system with plate settlers and vacuum/track type sludge collection system.Construction of the plate settlers utilized a horizontal flow pattern to more effectively remove solids,and will contribute to increased process reliability and improved water quality for downstream processes.New solids pumps convey the solids to a downstream wetwelL �/ Seott D.Fronek,P.E, � BIACK&VEATCH I City of Apple Valley � ��(,z"?(>:�`�r;i_Ft�H 1�1F1..�_. .15�a=��R ,;i4. Robert (Bo) W. Johnston, P.E. Mr.Johnston serves Black&Veatch's Water Division as an engineering manager �� i�[��4GER specializing in the design of water and wastewater treatment,distribution,and supply facilities.The treatment plants have ranged in capacity from 2 mgd to 86 Specialization: l mgd,using treatment processes such as membrane filtration and UV water and wastewater Systems disinfection.Mr.Johnston also utilizes research experience in the removal of tastes and odors throu h advanced oxidation and activated carbon adsor tion office�ocation g p Minneapolis,MN processes. Education � M.S.,Civil/Environmental, PROJECTEXPERIENCE -�rwin�ties�2 o5nesota— =u B.S.,Civil Engineering, South Dakota State WATER TREATMENT FACILITIES university,2003 City of Burnsville � Chlorine System Rehabilitation Project; Burnsville, MN � Professional Registration 2Q12-14 PE—2006,California,70506 PE—2012,Minnesota,50242 En ineerin Mana er.Desi ned a 1200 ound er da On-Site H ochlorite PE—2013,South Dakota, g g b g P P Y Yl� sss�a Generation(OSHG) System to replace aging gaseous chlorine system.Project Professional Associations included chlorine system lifecycle evaluation between OSHG,gaseous chlorine, American Water Works Association . and bulk hypochlorite in 2012 report.In 2013,OSGH System was procured by Water Environment City under separate contract,installed through design project and constructed Federation Year Career Started in 2014.Chlorine system improvements included design and installation of 2oos OSHG brine tank,generators,ancillary support system,dilute hypochlorite Year Started with B&V 2005 storage tanks and metering pumps,and HVAC/Architectural improvements. Design project also upgraded control of chlorine dosing,rehabilitation of storage room,and electrical systems. City of Burnsville � Water System Studies; Burnsville, MN ( 2009-14 Engineering Manager. In 2009,the City of Burnsville,in conjunction with another consultant,placed a new surface water treatment plant(SWTP) online, and subsequently encountered significant issues related to taste and odor. Based on Black&Veatch's expertise in working through challenging situations such as this,we were contacted by the City in late 2009 to assist them through a variety of startup issues.Since that time,a series of studies and designs have been completed to assist the City with various water treatment optimizations. City of Mankato � Mankato WTP Operation Review; Mankato, MN � 2012-13 Engineering Manager.Provided evaluation of problematic operations of DensaDeg lime softening and membrane filtration system as designed by a outside engineering firm.Provided recommendations for short-and long-term modifications to provide stable operation and increased throughput capacity. Also evaluated distribution system with respect to THM formarion and formation. �LACK&VEAfiCH � Robert{Bo}W,JoFnston,P.£ �j t�t�¢}�:;S�,t.=C}i� v`v�>_!_ �� r(�:t'�s.�'S�� City of Apple Valley City of Burnsville � Wellhead Protection Plan Project; Burnsville, MN � 2011-13 Engineering Manager.Evaluated and prepared update for Wellhead Protection Plan(WHPP)as required by the State of Minnesota every 10 years.Work was completed in three phases-Phase I evaluated consequences of groundwater to surface water interaction with respect to mining operations of surface water reservoir quarry;Phase II was included work associated with Part 1 of the Minnesota WHPP including delineation of the wellhead protection area and drinking water management area;and Phase III performed work associated with Part 2 of the Minnesota WHPP including creation of a potential contaminant sources index and a risk mitigation plan. City of Burnsville � Blended Phosphate System Design-Build Project; Burnsville, MN � 2011-12 Engineering Manager.Designed blended phosphate chemical feed system for 24 mgd plant and provided procurement and construction services for purchase, installation,and start up by owner. City of Bloomington � Water System Master Plan; Bloomington, MN � 2010 Project Engineer.Evaluated existing water supply,treatment,and distribution facilities for compliance with regulations and ability to supply adequate water flow to customers through 2030.Project elements included evaluation of water treatment plant including solids handling system,distribution system modeling, supply water evaluation,and needs assessment. Minneapolis Water Works � Columbia Heights Membrane Filtration Plant; Minneapolis, MN ( 2005-09 Field Engineer.Performed field engineer and construction administration duties during construction and acceptance testing phases of a 70 mgd ultrafiltration membrane facility(largest in its kind in North America).Facility included new pumping station,membrane filtration,chemical feed system, neutralization,and ancillary support systems. City of Bloomington � Lime Sludge Transfer Study; Bloomington, MN � 2006 Design Engineer.Performed a feasibility study evaluating the transfer of lime sludge from the City's Water Treatment Facility to their evaporation lagoons located approximately five miles from the treatment plant. �j Robert(Bo}W.Johnston,p.E. � BLACK&VEA�'CN City of Apple Valley � i}RGPC�4l�t ;C:��`kt�t�(_i :,.!��tifi.;�'s;;'= Anna J. Munson Ms.Munson is a civil engineer in Black&Veatch's Water Division specializing in ��° E�� the design of water and wastewater treatment facilities.Responsibiliries have Specialization: included water supply analysis,master planning studies and design of upgrades Water and wastewater Systems to existing water and wastewater treatment systems.She has experience in office�ocation performing design calculations,equipment sizing,pipe routing,preparation of Minneapolis,MN probable project cost analyses and development of technical documents,plans Education and re 01'tS. �° M.S.,Civil&Environmental p Engineering,University of Washington,2005 PROJECT EXPERIENCE � a.s.,Civil&Environmental Engineering,University of Wisconsin-Madison,2001 �l�/OteY TYeptl11el1f FpCl�li"IC'S Professional Associations City of Lakeville � Water Treatment Facility fmprovements Project; American Water Works Association Lakeville, MN � 2014 Central States Water Environment Federation Design Engineer.Designed chemical feed system and high service pumping Year Career Started improvements to the Water Treatment Facility(WTF)to address chemical feed 2001 limitations and increase treatment reliability when the facility increases the Year Started with B&V 2oiz treatment capacity through increased filter loading rates.Changes to the treatment capacity were planned following a 2013 pilot study completed by Black&Veatch at the Lakeville WTF.Project responsibilities include design of new pumping facilities and coordination of a new 1 MG finished water reservoir. City of Savage � Water Supply and Treatment Study; Savage, MN � 2013-14 Project Engineer.Assessed the existing Savage water supply,treatment and distribution system to identify equipment needs and develop a hydraulic model of the water system.Compared the model outputs to predicted water supply needs for the community over the next 20 years to develop alternatives for the City to meet water needs.Performed lifecycle cost analyses performed for each viable alternative.Providing support to the City as they consider the presented alternatives. City of Burnsville � Chlorine System Rehabilitation Project; Burnsville, MN � 2012-14 Design Engineer.Assisted in design of a 1200 pound per day On-Site Hypochlorite Generation(OSHG)System to replace aging gaseous chlorine system.Project included chlorine system lifecycle evaluation between OSHG, gaseous chlorine,and bulk hypochlorite.Alternatives were presented in a 2012 report.In 2013,OSGH System was procured by City.Installation was planned through a design project.Ms.Munson served as the design engineer in support of installation of the OSHG System (currently in construction),through preparation of drawings and specifications,communications with State regulators,shop drawing review and coordination,and resolution of construction phase issues.Chlorine system rehabilitation included design and installation of OSHG brine tank,hypochlorite generators,ancillary support system,dilute hypochlorite storage tanks and metering pumps and HVAC/Architectural improvements. BLACK&VEATCH (Anna J.Munson �j � �� Sa�F�7�?v�t�:k_I_?�fi,i��+,��`53� � City of Apple Valley City of Lakeville � Filter Loading Pilot Study; Lakeville, MN � 2013 Project Engineer.Coordinated pilot study at Lakeville Water Treatment Facility to prove the existing gravity filters could receive additional water and achieve treatment objectives.As a result of the study,the rated capacity of the exisring Lakeville Water Treatment Facility was increased from 20 MGD to 26.5 MGD.In addition,the ultimate capacity of the facility after construction of the final four �lters was increased from 30 MGD to 40 MGD.The revised capacity is adequate to supply finished water to the City through full build-out without the need to construct the second water treatment facility that was previously expected. City of Lakeville � Water Treatment Facility Expansion Study; Lakeville, MN � 2012-13 Project Engineer.Evaluated the drinking water supply requirements of the City for the planning period of 20 years with respect to population growth and water usage patterns.Compared the water needs to the Water Treatment Facility treatment capacity to develop a schedule for improvements and plant expansion.Revised the Expansion Study following completion of the Filter Loading Pilot Study and prepared an Opinion of Probable Construction Costs. Prepared presentation material to assist the City in communicating the water system needs to the City CounciL City of Burnsville � Wellhead Protection Plan Projec#; Burnsville, MN � 2011-13 Project Engineer.Prepared update for Wellhead Protection Plan(WHPP)as required by the State of Minnesota every 10 years.Work was completed in three phases-Phase I evaluated consequences of groundwater to surface water interaction with respect to mining operations of surface water reservoir quarry; Phase II including modeling of groundwater flow based on MCES Metro 2 Model. Modeling facilitated delineation of the wellhead protection area and the drinking water management area to update Part 1 of the Burnsville WHPP.Ms. Munson completed Phase III,the update to Part 2 of the WHPP.Responsibiliries included analysis of all potential contaminant sources within the wellhead protection area and development of an action plan for the City to mitigate risk. RELAVENT PREVIOUS WORK EXPERIENCE Minnesota Department of Health � Community Public Water Systems Division; St: Paul, MN ( 2011-12 Project Engineer.Assessed the drinking water infrastructure needs of more than 100 community public water systems in Minnesota for the EPA's Drinking Water Infrastructure Needs Survey.Resulted in increased federal money allocated to the MN Drinking Water Revolving Fund.Also led the MDH General Water Chemistry Study to document the chemical constituents in the source water for all community public water systems in Minnesota. �j Anna 1.Munson i BLAtK&VEA7CH CityofApple Valley � ��kC�FGS!`-�t _C�R�'�'�i� t�;��.i Y�i4 � Jeffrey W. Henson, P.E. ��E��°�� Mr.Henson is Director of Water Resources and Associate Vice President for Specialization: Black&Veatch.He specializes in all aspects of stormwater study and design,and Groundwater Resource has been involved in groundwater investigations and design.He has completed Evaluation,Aquifer Yield, Monitoring Programs, several water supply evaluations including the siting,sizing,and design of water stormwater Planning and supply wells. Design � Office Location � � PROIECT EXPERIENCE Kansas cty,Mo Education City of Burnsvifle � Wellhead Protection Plan Project; Burnsville, MN � 2013 nns,Water Resources Engineering,University of Technical Specialist.Managed water resources team to model groundwater Kansas,1993 flow to the City's drinking water wells as required for Part 1 of the Wellhead r Bs,Civil Engineering, Kansas State University, Protection Plan update.Work was completed in three phases-Phase I evaluated isss consequences of groundwater to surface water interaction with respect to Professional Registration PE—1990,KS,11831 mining operations of surface water reservoir quarry; Phase II was included PE—1990,Mo,030033 work associated with Part 1 of the Minnesota WHPP including delineation of the Professional Associations wellhead rotection area and drinkin water mana ement area;and Phase III �� American Water Works p g g Association performed work associated with Part 2 of the Minnesota WHPP including water En�iror,mer,ta� Federation creation of a potential contaminant source inventory and risk mitigation plan. vear Career started 1985 City of Burnsville � Water System Study; Burnsville, MN I 2012 Year Started with B&V Technical Specialist.Led a technical review of the City's water supply with 1985 regards to proposed mining to greater depths at the nearby Kraemer Quarry. The review was primarily focused on questions and concerns regarding the protection of the City's groundwater supply,noting the quarry is in excellent hydraulic connection with the Prairie du Chien and also has a connection with the deeper aquifers.When mining operations are complete,the proposed bottom of the quarry will be less than 10 feet above the Jordan sandstone aquifer where the City obtains much of its drinking water.The review considQred the impermeable nature and thickness of rock that will be left in place over top of the Jordan aquifer when mining is complete.It also evaluated the potential for migration of contaminants from two nearby landfills toward the quarry. City of Bloomington � Water System Master Plan; Bloomington, MN � 2010 Technical Specialist.Provided technical review of the City's groundwater wells and system,as a part of long-range Master Plan.The project included an evaluation of the City's existing water supply,treatment,and distribution facilities for compliance with regulations and ability to supply adequate water flow to customers through 2030.Project included the assessment and long-term viability of the City's groundwater supply. Metropolitan Council Environmental Services � Blue Lake Improvements; St. Paul, MN � 2011 Water Resources Engineer.Led the design for the Blue Lake Site Dewatering Project,in which the existing groundwater system was completely rehabilitated BlACK&VEATCH � leffrey W.Hensor; P.E. Rj � � � ��!={�:�S��i -�)�g�d��.€ 1�.��a�i_v�i� � CityofAppleVailey � to provide flood protection.The project included development of a detailed groundwater model along with troubleshooting and evaluation of several dewatering pumps. The project included two new wells and rehabilitarion of 9 other wells for increased capacity in the event of a flood. City of Lakeville � Lakeville Water Treatment Plant; Lakeville, MN Water Resources Engineer.Provided consulting services on groundwater supply for the City's new 10 mgd iron and manganese removal water treatment facility,along with a 10 mgd expansion. Assisted the City to investigate and resolve groundwater interferences between public and private wells. City of St. Louis � Columbia Bottoms Wellfield; St. Louis, MO � 2006-Present Technical Lead.Designed hydrogeologic testing program for development of a new 160 mgd wellfield including new collector wells at the confluence of the Missouri and Mississippi Rivers.Developed MODFLOW groundwater flow model of the proposed wellfield and conducted preliminary design. WaterOne of Johnson County � Wellfield;Johnson County, KS � 2005- Present Technical Lead.Designed hydrogeologic testing program for development of a new 80 mgd wellfield including new collector wells along the Missouri River. Developed groundwater flow model of the proposed wellfield,conducted preliminary and final design. City of O'Fallon � New Water Supply; O'Fallon, MO � 2000-Present Staff Specialis�Developed testing program,analyzed data,developed groundwater flow model,and designed a new 6 mgd well field for the City consisting of five new 100-foot deep vertical wells. City of Liberty � Well Design; Liberty, MO ( 1994-1995 Project Engineer.Designed two new 700 gpm wells located in the alluvium of the Missouri River.The depth of the gravel-packed wells is 120 feet,the borehole diameter is 54 inches.Designed rehabilitation of additional wells with a 24-inch casing and screen for each well. �r Rj lcfifrey�N.Henson,F�.E. � BLACK&VEATCH City of Apple Valley ��&f�4�C�S��f��'v�JEi t �6��v�-t':?�l5 � Kristopher Hahn, P.E. Mr.Hahn has performed a wide array of water resources engineering projects at {��,��{� Black&Veatch,including water supply studies,conjunctive groundwater and �� surface water yield evaluations,groundwater hydrology and hydraulics, EI�GP�EEE� wellfield evaluations,well design,dewatering projects,aquifer testing,and specializationc stream and stormwater s stem anal sis. water Resources, Y Y including Groundwater, Water Supply, Drought, PROJECT EXPERIENCE Hydrology,stormwater Hydraulics WATER TREATMENT FACIUTIES office�ocation Kansas City,MO USAID � Qabatiya Well Design; West Bank/Gaza � 2013 Education Water Resources En ineer. Performed a re-desi n of the um in e ui ment � Ms,Environmental g� g P p g q P Engineering,University of a 2200-ft deep limestone aquifer well by evaluating a recent 6-day pumping of nl�no�s,1995 BS,Civil Engineering, and recovery test,studying on-going decline in regional groundwater levels, University of Illinois, performing three-dimensional groundwater flow analyses,and projecting long- 199a-H�gh Honors term um in water levels inside the well. Protessiona� P P g Registration PE—1999,KS,15593 City of Savage � Water Supply Planning; Savage, MN � 2012 Specialization Certification Water Resources Engineer.Performed a desktop evaluation of the City's � 10-hour OSHA Safety existing wells,existing Kraemer Quarry supply,and potential future water and Hea�th Construction supplies in relation to current and future water demands. Certification,200� 8-hour Hazardous GAMA Power Systems, Inc. � Dubaydib Wellfield; Jordan 2012 Waste Operations � Health and Safety Water Resources Engineer.Reviewed the design and construction of 40 wells Refresher,1996 CPR and First Aid tapping a fossil aquifer in Jordan. Prepared a 3-d groundwater model covering rraining,1996 102,000 square kilometers to determine how this wellfield and other wellfields � ao-hour Hazardous Waste Operations and in the region will mine groundwater over the next 25 years. Developed Emergency Response estimates of pumping water levels over time to be used in submersible pump Training,1995 selection and hydraulic modeling of the pipe collecrion system. Professional Associations � American Water Works City of Burnsville � Wellhead Protection Plan; Burnsville, MN � 2011-2012 association = Water Environmental Water Resources Engineer.Updated the wellhead protection plan for the federation City's 17 bedrock wells. Worked closely with the Minnesota Department of Year Career Started Health to follow their requirements for delineation of wellhead protection areas 1995 Year Started with B&V and drinking water supply management areas using both three-dimensional 1995 groundwater modeling and MDH's methods for delineating capture zones for fractured and solution-weathered bedrock aquifers. City of Burnsville I Quarry Evaluation; Burnsville, MN � 2011-2012 Water Resources Engineer.Performed a comprehensive review of proposed mining activities at a nearby quarry with respect to potential near-term and long-term effects on the City's wellfield supply. BIACK&VEA7CH � Kris4apher Hahn,F'.E, �j ,-k�?;�c��?� �r+1� :_ ��;��=�z'��`��E� � City of Apple Valley Water District No. 1 of Johnson County� Kansas River Wellfield Evaluation; Johnson County, KS � 2012 Water Resources Engineer.Evaluated a variety of wellfield improvement scenarios to obtain a warm water supply for WaterOne's facilities. Calculated wellfield yield considering water temperature,riverbed degradation,river flow, various combinations and configurations of vertical wells and horizontal collector wells,and various pumping durations. Prepared life-cycle cost estimates including capital costs and long-term operational and maintenance costs. Indianapolis Department of Public Works/USACE, Louisville District � Indianapolis CSO Tunnel, Groundwater Management Plan; Indianapolis, W � 2006-Present Water Resources Engineer.Managed the development of a Groundwater Management Plan for an 8.5-mile,20-ft diameter hard rock tunnel to be constructed beneath the City of Indianapolis for CSO control. Planned,provided guidance,and analyzed several aquifer pumping tests using several of the City's century-old deep bedrock wells. Designed a network of monitoring wells along the proposed tunnel alignment. Built and calibrated a 120 square mile MODFLOW groundwater model extending 500 feet below the City of Indianapolis for purposes of evaluating groundwater impacts that may be caused during construction and long-term operation of the tunnel. �j Krfstopher Hahn,P E. � BLRCK&VEATCH ENGINEERING CONSULTING AGREEMENT This Agreement ("Agreement") is entered into this lOth day of July, 2014, by and between the City of Apple Valley, a Minnesota municipal corporation, (the "City") and Black & Veatch Corporation, a Delaware corporation (the "Consultant"). WHEREAS, Consultant has experience in engineering services; and WHEREAS, the City solicited Request for Proposal for engineering services related to the water supply system, and as a result of the Request for Proposal, has elected to retain Consultant; and WHEREAS, the City desires to engage Consultant to assist in engineering services; and WHEREAS, Consultant desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby,the City and Consultant hereby agree as follows: ARTICLE 1. TERM OF CONTRACT Section 1.01. TExM. This Agreement will become effective on July 10,2014, and will continue in effect, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Consultant expressly agree that Consultant is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as.creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both parties acknowledge that Consultant is not an employee for state or federal tax purposes. ARTICLE 3. SERVICES TO BE PERFORMED SY CONSULTANT Section 3.01. CoNSULTANT's SERVICES. The City hereby retains Consultant (on a non- exclusive basis) for the purpose of advising and consulting the City on matters related to but not necessarily limited to: Water Su��ly Planning ■ Comprehensive Municipal Water Planning ■ Water Supply and Distribution Infrastructure Studies ■ Water Demand Analysis Ground Water Sources ■ Ground Water Modeling and Analysis ■ Wellhead Protection Studies ■ Groundwater Contamination Analysis Municipal Water Su��lv and Wells ■ Municipal Well and Distribution Design ■ Water Distribution System Modeling ■ Water Supply Operational Analysis ■ Municipal Well Rehabilitation Projects ■ Water Quality Analysis (the "Services") The precise services to be provided and detailed scope of work and rates for those services may be detailed in individual work authorizations or engagement letters signed by Consultant and City based on the general provisions and conditions set forth in this agreement. : Section 3.02. METHOD OF PERFORMING SERVICES. Consultant shall determine the method, details, and means of performing the Services and Special Studies. Section 3.03. PLACE oF Wo�. Corisultant shall base the performance of these Services at its own business location or such other location as determined by the City. The City is not required to provide office, technical or clerical support services to Consultant. Section 3.04. TIME OF PERFORMANCE. Consultant shall submit for the City's approval a schedule for the performance of the Services that may be adjusted by mutual consent as the Services proceed. This schedule shall include allowances for periods of time required for the City's review. Time limits established by this schedule approved by the City shall not be exceeded by Consultant or the City, except for reasonable cause, agreed to by the City. 2 ARTICLE 4. COMPENSATION Section 4.01. AwARD oF WoRK. Prior to initiating work under this Agreement, Consultant shall provide the City with a written proposal providing a detailed description of the Services, project schedule and total fee. Compensation shall be billed hourly, not to be exceeded without prior written authorization from the City. The Consultant shall receive a written Authorization to proceed from the City prior to starting work. Section 4.02. PAYMENT PROCEDURE. Payment by the City for the Services will be made as follows: Contemporaneously with the submission of any bill to the City, the Consultant shall provide an itemized statement detailing the billing strategy indicating the number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work. The Consultant shall segregate its billing to separate cost centers or p�ojects as may be required by the City. Section 4.03. ExPENSES. Consultant shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Consultant and all other of Consultant's costs of doing business. The City agrees to reimburse Consultant only for those reimbursable expenses set forth on "Schedule A." Provided, that any expenses related to special consulting or technical services (e.g., outside consultants or technical services) must be pre-approved by the City. When retained directly by the consultant with prior approval by the City, Consultant shall bill the City no more than 110% of actual costs of such special consulting or technical services. ARTICLE 5. CONSULTANT'S OBLIGATIONS Section 5.01. STATE .�vD FEDE�L TAxES. As Consultant is not the City's employee, Consultant is responsible for paying all required state and federal taxes. In p�rticular, the City will not withhold FICA (Social Security) from Consultant's payments; will not make state or federal unemployment insurance contributions on Consultant's behalf; will not withhold state or federal income tax from payrnent to Consultant; will not make disability insurance contributions on behalf of Consultant; or will not obtain workers' compensation insurance on behalf of Consultant. ARTICLE 6. THE CITY'S OBLIGATIONS Section 6.01. TxE C�TY's COOPERATION. The City agrees to comply with Consultant's reasonable requests necessary to the performance of Consultant's duties under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Consultant's 3 bankruptcy or insolvency; (2) the sale or merger of Consultant's business and/or change in majority ownership; or (3) failure of Consultant to perform work in a timely fashion. Additionally, this Agreemenf may be terminated by either party upon thirty days written notice without cause. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files, field data, notes, and other documents, written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to any work or to a Project, shall be made available to the City. All provisions of this agreement allocating responsibility or liability between the City and Consultant shall survive the completion of the services hereunder andJor the termination of this Agreement. Section 7.02. TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City fail to pay Consultant all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Consultant, at Consultant's option, may terminate this Agreement if the failure is not remedied by the City within thirty(30) days from the date payment is due. ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section 8.01. AG�EMENT To CooPE�TE W�`rx C�TY. Consultant acknowledges that the City may, from time-to-time, be subject to arbitration or litigation arising out of ar relating to any Services that may have been provided, directly or indirectly, by Consultant. Consultant agrees to use its best efforts to work with the City and agrees that it will cooperate fully with the City in any arbitration or district court hearing and further agrees, if the City makes a timely request, to be a named party to any arbitration proceeding involving a work product or service provided by Consultant. ARTICLE 9. GENERAL PROVISIONS Section 9.OL NoT�cES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by registered or certified mail with postage prepaid and return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt). The Consultant's authorized representative for the purpose of the administration of this Agreement is Scott Fronek, Client Service Manager, 7760 France Ave S, Suite 1200, Minneapolis, MN 55435, or his successor. The City's authorized representative for the purpose of the administration of this Agreement is Todd Blomstrom, Public Works Director, 7100 147t1i Street West, Apple Valley, MN 55124, phone (952) 953-2400, or his successor. Section 9.02. Ass�GNMENT. Except for the Consultant's use of necessary consultants, the Consultant and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement supersedes and terminates any and all prior agreements, either oral or written,between the parties hereto with respect to the 4 rendering of services by Consultant for the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04. INDEMNIFICATION. Consultant agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of the negligent acts or omissions of the Consultant in the performance of the Services. Section 9.05. RIGHT IN WORK PRODUCT. The work product of the Services, including results, and all ideas, developments, and inventions which Consultant conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the City for such work shall be the exclusive property of the City. This information, and material, and any such inventions shall be deemed the City's proprietary information and shall not be disclosed to anyone outside of the City, or used by Consultant or others without the prior written consent of the City. Provided, however, the Consultant has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications, and in all field data, notes and databases. Other than reuse or modification by the Consultant, the City waives all claims against the Consultant resulting from any changes or reuse of such information and material. The Consultant will furnish the City with electronic data versions of certain drawings or other written documents ("Digital Data") compatible with the City's software (to the extent possible) unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Consultant and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Consultant to the City is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and reports to the Consultant will be corrected by the Consultant at no extra charge. For correction of defects reported to the Consultant after the Acceptance Period, the City shall compensate Consultant on an hourly basis at Consultant's billing rates. The City understands that the Digital Data is perishable and the City is responsible for maintaining it. Section 9.06. INSUx�NCE. The Consultant shall provide to the City an insurance certificate, issued by an insurance company of good standing and authorized to do business in Minnesota, evidencing the insuring of liability arising out of the performance of professional services for the City in an amount of at least $2,000,000; and stating that such insurance cannot be cancelled until thirty(30) days after the City has received written notice of the insured's intention to cancel the insurance. The Consultant agrees that the deductible within its professional liability insurance policy shall not exceed$150,000.00. 5 Section 9.07. SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.08. GovE�vrlvG LAw. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule(whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. Section 9.09. H.�zArznous SuBSTANCE. The Consultant's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a Project that may affect the Consultant's services, the Consultant rriay suspend performance of its services, without liability, and will assist the City to retain appropriate specialist consultants to adequately identify and abate such materials so that Consultant's services may resume. Section 9.10. CoNF�DENT�AL�TY. The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, sub consultants and the general contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF APPLE VALLEY: CONSULTANT: BLACK&VEATCH CORPORATION By: By: Mary Hamann-Roland Its: Mayor Its: By: Pamela Gackstetter, City Clerk 7 SCHEDULE A Consultant Fee Schedule attached !�i �• T •i�f� `! •�! City of A►ppVa��ey MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: David E. Bennett,Asst. City Engineer DATE: July 2, 2014 SUBJECT: CHANGE ORDER NO. 1 FOR CITY PROJECT 2014-101, 2014 STREET IMPROVEMENTS The attached change order accounts for additional work associated with the 2014 Street Improvement Project. During construction of the Pickleball Courts in Hayes Park, the asphalt trail used for construction access deteriorated and needs to be replaced. Construction of the courts occurred during June, one of the wettest months on record. The contractor delayed construction numerous times in an effort to protect the trail; however, due to the soils under the trail being susceptible to pumping and rutting,the trail needs to be replaced. The additional cost associated with the trail replacement totals $25,096.00. The prices have been reviewed by staff and negotiated with the contractor to reflect aggressive market pricing. Original Agreement Amount $ 2,940,494.25 Change Order No. 1 25,096.00 Amended Agreement Amount $ 2,965,590.25 Funding for Change Order No.l will be deducted from the Construction Contingency established for this project. Construction Contingency $ 100,000.00 Change Order No. 1 (25,096.00) Remaining Construction Contingency $ 74,904.00 Recommended Action: Approve Change Order No. 1 to the contract with McNamara Contracting, Inc., for City Project 2014- 101,2014 Street Improvements,by adding the amount of$25,096.00. DB:cg Attachment c: Todd Blomstrom ii si Owner:City of Apple Va11ey,7100 W. 147th St.,Apple Valley,MN 55124 Date July 3,2014 s�ss �� Contractor:McNamara Contractin Inc.,16700 Chippendale Ave,Rosemount,MN 55068 ��ty of App�e Valley Bond Company: Bond No: CHANGE ORDER NO. 1 2014 STREET IMPROVEMENTS CITY PROJECT N0.2014-101 The following items were not included in the Contract,but deemed to be necessary to complete the project according to the intended design. In accordance with the terms of this Contract,the Contractor is hereby authorized and instructed to perform the work as altered by the following provisions. Descriqtion of Work This change order will pay for work related to the 2014 Street Improvement Project,City Project 2014-101. The cost of the work for this change order is accounted for in the City Project construction contingency. This work consists of reconstructing the bituminous trail used for access in Hayes Park for the construction of the Pickleball Courts. Due to the timing of construction,wet conditions in June,and pour soils under the trail,the trail needs to be replaced. Contract Unit Total No. Item Dnit Quantity Price Amount CHANGE ORDER NO.1 1 MOBILIZATION LS 1 $5,000.00 $5,000.00 2 SAW CUT BIT LF 16 $1.00 $16.00 3 BITUMINOUS REMOVAL SY 610 $8.00 $4,880.00 4 COMMON EXCAVATION CY 50 $25.00 $1,250.00 5 AGGREGATE BASE,CL.5 TN 150 $15.00 $2,250.00 6 TYPE SPWEA330B TN 130 $90.00 $11,700.00 TOTAL CHANGE ORDER NO.1 $25,096.00 Cluange Order No].xls Original Contract Amount $2,940,494.25 Previous Change Orders $0.00 This Change Order $25,096.00 Revised Contract Amount(including this change arder) $2,965,590.25 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion(days or date): Ready for final Payxnent(days or date): Increase of this Change Order: Substantial Completion(days or date): Ready for final Payment(days or date): Contract Time with all approved Change Orders: Substantial Completion(days or date): � Ready for final Payment(days or date): ' Approved by Contractor: Approved by Owner: McNamara Contracting Inc CITY OF APPLE VALLEY Mary Hamann-Roland,Mayor Date Date Approved By Public Works CITY OF APPLE VALLEY Attest:Pamela J.Gackstetter,City Clerk Date Date cc: Contractor � Bonding Company Change Order No l.xls ••• s�i� +��• �• i\ ♦��• ITEM: Clt�/ Of Ap�IG COUNCIL MEETING DATE: JUIy 10, 2014 �/aI'gy secT�oN: Consent Agenda ITEM DESCRIPTION: Change Order No. 1 to AV Project 2014-126; Floating Pier with Marine Connection, Inc., dba Marine Dock & Lift,by Deducting$538.00, and Approve Acceptance and Final Payment of $47,794.00. STAFF CONTACT: DEPARTMENT/DIVISION: Barry Bernstein, Director Parks &Recreation Department Action Requested Approve Change Order No. 1 to AV Project 2014-126; Floating Pier with Marine Connection, Inc., dba Marine Dock & Lift, by Deducting $538.00, and Approve Acceptance and Final Payment of $47,794.00. Summary Marine Connection, Inc., dba Marine Dock & Lift has completed the installation of the floating pier on Cobblestone Lake and submitted applicable final paperwork for payment. Staff finds the results of the project acceptable and recommends final payment on AV Project 2014-126; floating pier. Background The original developer-installed wooden pier of Cobblestone Lake was removed by in-house crews because of deterioration issues. AV Project 2014-126; Floating Pier Agreement with Marine Connection, Inc., dba Marine Dock & Lift for installation of a floating structure as replacement was approved by Council April 10, 2014. During the installation process, it was determined an angle section and associated custom rail were not needed to meet the design requirements; thus, Change Order No. 1 has been submitted. The original contract amount of $48,332.00, minus $538.00 on the Change Order, leaves a revised contract amount of$47,794.00. Marine Dock & Lift has completed the installation work and submitted applicable final paperwork for payrnent. Staff finds the results of the project acceptable and recommends final payment on AV Project 2014-126. Budget Impact $47,794.00 Attachment(s) AV Project 2014-126; Floating Pier—Change Order Na 1 Application for Payment City of Apgle Valtey CHA.1�i�GE ORDER N4e 1 Contractor: Marine Connection,Inc, June 30,ZOI4 dba Mazine Dock&Lift Address: P.O.Box#308 Center City,MN 55012 Project: Floating Pier City Improvement Project No.2014126 'i'he foiiowing items were designlconsicuction items determined unnecessary in the final project at the time flf instaila#ion. In ac,cordance with the terms of this Contract, the Contractor is hereby authorized and instructed to perfarm the work as altered by the fallowing provisions. 1. L1ST ITEM-Dedncts Cus#om Rail,approx.2 feet for angled section ($158,OU) Custom Angle Section $38U.Ot3 Total Est.Cost. (�538.fl0) T4TAL CHANGE 4RDER NU.1 ($S3$.00) Original Gantract Amount $48,332.00 Change Order Nn. 1 -Deduct �3 g,p� Revised Contract Amount $4�,794.00 CAANGE Il'�'CflNTRAGT TI.ME . The Contract completion date is not chaneed due to the item note�above. Acceptedc Marine Connection,Ine. Appraved: CTTY OF APPLE VALLEY dba Marine Dock&Lift / By By. ontractor's utt�o�iz d Representative Mary Hamann-Roianr�, Mayor Date: G-- /� Date: ...----" APPr : t ri n�dent gy; Pamela 7.Gackstetter,City Glerk , By T Adamini � Date� Date: � ` . , , CITY OF APPLE VALLEY, MINNESOTA APPLICATION FOR PAYMENT DATE: ��(�� (� FOR PERIOD: ��n.� n��S � PROJECT: �1(�-� l o�(��(C �--' P,,�� From 4 To CONTRACTOR: I�Y��S�� qn� �` ,n`��(�UEST FOR PAYMENT NO. ,� d � �Yl�.��c��.�7oc�. �. �f�'� ADDRESS: ��, �C _j�� C� -�--�� : SUMMARY: ' 1. Original Contract Amount $_ '� � 2. Change Order-ADD{TION $ 3_ Change Order- DEDUCTION $. �� .Q� 4. Revised Contract Amount $—`�—`�'�"� 5. Total Completed and Stored t� Date $ 6. Less Retainage % $ 7. Total Eamed Less Retainage $ 8. Less Amount Paid Previously $ 9. AMOUNT DUE THIS CURRENT REQUEST $ ��Q The undersigned Contractor certifies that to the best of his knowledge, information and befief, 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 �� 9� . � r�- � � � � . ir. By �1� i r�� i � r rt��rr� ne�e e�enenre�r� T�t��: JUN 2 3 201� Date: USL 1`A96 .�.�'AX AMT ACCOUMf;� . • 1 � . 410 Grand Ave. (Hwy 8) P.O. Box 308 Center City, MN 55012 651-257-4265/ 800-314-3625 Web site: www.marinedocklift.com - E-mail: dwiqhtCc�marinedocklift.com INVOICE 8ft wide FTS 9 Shoremaster dock with 6ft gangway. Billing address: Delivery address: 15601 Cobblestone Lake Parkway Apple Valley Parks System Apple Valley. City of Apple Valley 7100 147th St West Apple Valley, MN 55124-9016 Attn: Tom Adamini 952-953-2420 tadamini@ci.apple-valley.mn.us Sales Person Ship Via Shi Date Terms Date Dwight MDL truck 11 & 16 June 14 See below 17 June 14 Qt Description Price Extended Using FTS 9 Shoremaster truss aluminum framework with Rhino black ol floats and ellow cedar deckin . 4ea TS9 4ft x 16ft aluminum framed sections. with yellow cedar $1082. $4328. decking, and short (4ft or less support posts with foot pads) To be used as walkway from path to start of pivoting an wa . Railin s would be on these sections. 2ea 4ft x 8ft SM starter ramps, with yellow cedar decking. No $564. $1128. Railin on the ramps lanned. 1 ea 6ft TS9 to RS4 hin e. walkwa to an wa attach $328. 2ea Shore side auger post. Hotd walkway end tight with $220. Gan wa attached 6ft ost. QC attach brackets 1 ea 6ft x 24ft gangway with Floating dock attach. with 4x6x16" $2980. float lakeside to remove weight from start of floating dock. Includes RS4 to FTS9 hin e. 6ft wide. 10 FTS 9 4ft x 16ft frames, yellow cedar decking and 1ea 4ft x $1351. $13510. 8ft x 12" float. per frame. With float attach baggie and dock connect bolts. 1620# of approx flotation cap per frame. With dock wei ht factored. 2ea FTS 9 6ft x 16ft frames, yellow cedar decking, and 2ea 4ft $1878. $3756. x6ft x 12" floats per frame. With float attach baggie and dock connect bolts. used for platForm) 2ea FTS 9 4ft x 8ft frames, yellow cedar decking, 1 ea 4x6x12" $805. $1610. float per frame, dock attach. 2ea 12ft SM QC attach railings with 3" x 3" stock welded onto $440. $880. base for chair curbin , Toe board 39 8ft SM QC Attach railings with 3" x 3" stock welded onto $396. $15444. base for chair curbin , Toe board 10 FTS 9 anchor post bracket with dock attach, up to 18ft post $221. $2210. (avera e hei ht (no au er tip , and safe cap 1ea Installation to Apple Valle $1400. Thank you! We appreciate your business. Sub Totai $47794. Terms: Signed purchase agreement with order. Sales Tax City exemp Total $47794. Net 20 upon instaliation. Deposit -o- Tax exemption required for City purchase. Balance Due $47794. Apple Valley Parks 14 8ft width finalized All components installed and completed on 16 June 14. When at site, the angle components where requested to not be installed. final billing reflects the removal of angled components. �� '�. L �.�� • ��p: City of Ap�Va��ey M ME O Administration TO: Mayor and City Council Members FROM: Tom Lawell, City Administr� DATE: July 7, 2014 SUBJECT: Cancellation of July 24, 2014 City Council Meeting DISCUSSION Staff is aware that several members of the City Council will not be available to attend the regularly scheduled July 24, 2014 City Council Meeting. One Councilmember is out of town on business, and two others serve in leadership positions with the National League of Cities and are scheduled to attend legislative policy meetings that evening. A quorum must be present to conduct formal City Council business, and we will not have a quorum available that evening. As such, it is recommended that we cancel the July 24, 2014 Regular City Council meeting. ACTION REQUIRED If the Council concurs with the recommendation, a motion should be made to cancel • the July 24, 2014 Regular City Council meeting. PERSONNEL REPORT �"}'. M City of Apple Valley July 10, 2014 Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First last Pay Pay Pay Da#e Name Name Action Position Status Dept. Rate Type Scale (on or about) Public Works GIS Kevin Freiberger Promotion Technician Full-Time 1500 $ 22.00 Hourly 4 7/11/2014 Recreation Facility Hunter Kelzenberg Hire Attendant Seasonal 1800 $ 8.06 Hourly A 7/11/2014 Food&Beverage Susan Knudsen Hire Server Seasonal 5205 $ 8.29 Hourly A-1 7/11/2014 Accept Leiton Larson Resignation Liquor Clerk Part-Time 5090 6/24/2014 Recreation Facility Colin Pomeroy Hire Attendant Seasonal 1930 $ 8.06 Hourly A 7/11/2014 Recreation Facility Alexandra Wylie Rehire Attendant Seasonal 1940 $ 9.08 Hourly A 7/11/2014 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 5. A . 1 M E M O R A N D U M TO: Mayor, City Council and City Administrator FROM: Jon Rechtzigel, Police Chief Pam Walter, Crime Prevention Specialist DATE: July 3, 2014 SUBJECT: Night to Unite Proclamation Night to Unite is a crime prevention initiative sponsored by the Minnesota Crime Prevention Association, AAA of Minnesota/lowa, and local law enforcement agencies. Night to Unite celebrates and strengthens our neighborhoods and helps develop community partnerships by: • Providing the opportunity for people to get to know one another in their neighborhoods; and � Developing neighborhood relationships by bringing City government and communities together; and • Increasing awareness of crime prevention and local law enforcement efforts. Night to Unite is an effective and fun way for all of Apple Valley to get out with their neighbors, prevent crime and meet the public servants who serve them. Recommendation City staff recommends that the City of Apple Valley adopt the Night to Unite proclamation Action Required If the City Council so desires, proclaim Tuesday August 5, 2014 as Night to Unite. PKW:pkw Attachment: Proclamation Night to Unite Activities Agenda CITY OF APPLE VALLEY PROCLAMATION WHEREAS, the Minnesota Crime Prevention Association, along with AAA of Minnesota/Iowa, and local law enforcement agencies is sponsoring a statewide program called Night to Unite on August 5, 2014; and WHEREAS,Night to Unite is designed to get to know one another in your neighborhood, build neighborhood involvement by bringing police and communities together; and to bring an awareness to crime prevention and local law enforcement efforts; and WHEREAS,Night to Unite supports the idea that crime prevention is an inexpensive, effective tool in strengthening police and community partnerships; and WHEREAS,Night to Unite provides opportunities to celebrate the ongoing work of law enforcement and neighborhoods in Apple Valley by working together to fight crime and victimization and increase public safety for all citizens; and WHEREAS, the citizens of Apple Valley play an important role in assisting the Apple Valley Police Department through joint crime, drug, and violence prevention efforts. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby calls upon all citizens of Apple Valley to participate in Night to Unite on �, August 5, 2414. FURTHER, LET IT BE RESOLVED that in Apple Valley Tuesday, August 5, 2014, is hereby proclaimed as: NIGHT TO UNITE PROCLAIMED this l Oth day of July, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY PROCLAMATION WHEREAS, the Minnesota Crime Prevention Association, along with AAA of MinnesotaJIowa, and local law enforcement agencies is sponsoring a statewide program called Night to Unite on August 5, 2014; and WHEREAS,Night to Unite is designed to get to know one another in your neighborhood, build neighborhood involvement by bringing police and communities together; and to bring an awareness to crime prevention and local law enforcement efforts; and WHEREAS,Night to Unite supports the idea that crime prevention is an inexpensive, effective tool in strengthening police and community partnerships; and WHEREAS,Night to Unite provides opportunities to celebrate the ongoing work of law enforcement and neighborhoods in Apple Valley by working together to fight crime and victimization and increase public safety for all citizens; and WHEREAS, the citizens of Apple Valley play an important role in assisting the Apple Valley Police Department through joint crime, drug, and violence prevention efforts. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby calls upon all citizens of Apple Valley to participate in Night to Unite on August 5, 2014. FURTHER, LET IT BE RESOLVED that in Apple Valley Tuesday, August 5, 2014, is ' hereby proclaimed as: NIGHT TO UNITE PROCLAIMED this l Oth day of July, 2014. �� Ma Ha -� land, ayor ATTEST: Pa�rn� �e�t�� Pamela J. Ga ste ter, City Clerk 5. A.2 M E M O R A N D U M TO: Mayor and City Council Tom Lawell, City Administrator FROM: Jon Rechtzigel, Police Chief Pam Walter, Crime Prevention Specialist DATE: July 3, 2014 SUBJECT: Night to Unite Donation The Apple Valley Wal-Mart Store has offered a $500.00 donation in the form of gift cards for use with this year's Night to Unite celebration. Recommendation I The donation available from Wal-Mart does not require matching funds. The Police Department would like to use the donation to offset costs associated with this year's Night to Unite celebration. Action Required If the City Council so desires, please acknowledge the receipt of this donation by the Apple Valley Wal-Mart to be used to help offset costs associated with the Night to Unite celebration. PKW:pkw Attachment: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION ACCEPTING DONATION WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs and improve the quality of life in Apple Valley; and WHEREAS, the Apple Valley Wal-Mart has offered to donate $500.00 to the Police Department's Night to Unite celebration; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City CounciL NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley,Dakota County, Minnesota,that this donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks our local Wal-Mart store for the gracious and generous donation and their support of the Police Department's Night to Unite celebration. ADOPTED this l Oth day of July, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk N*i 9 �• t/ NMitMi �!t ITEM: `_� Clty Of A��e CITY COUNCIL MEETING DATE: JUIy 1 O, 2014 Va��y SECTION: RegU11P PROJECT NAME: REGENT'S POINT Final Plat(formally known as QUARRY PONDS) PROJECT DESCRIPTION REGENT'S POINT is a proposed subdivision that will create 41 single-family lots and dedicated public street right-of way on approximately 60.5 gross acres. The site is located north of 160�' Street West (CSAH 46), approximately %2-mile west of Pilot Knob Road(CSAH 31). STAFF CONTACT: DEPARTMENT/DIVISION: Thomas Lovelace, City Planner Community Development Department APPLICANT: PROJECT NUMBER: Arcon Land II, LLC and Fischer Sand and PC13-27-ZS Aggregate, LLP APPLICATION DATE: March 25, 2014 Proposed Action 1. Adopt the draft resolution considering the need for an Environmental Assessment Worksheet(EAV�for the REGENT'S POINT AND QUARRY PONDS WEST development projects. (The draft resolution will be distributed prior to the City Council meeting) 2. Accept the first reading of the proposed REGENT'S POINT planned development ordinance, waive the provision for the second reading and pass the draft ordinance amending AppendiY F of the City Code of Ordinances. 3. Adopt draft resolution approving the REGENT'S POINT Planned Development Agreement, and that the Mayor and City Clerk be authorized to sign the agreement. 4. Adopt the draft resolution approving the REGENT'S POINT final plat and development agreement, and that the Mayor and City Clerk be authorized to sign the necessary document after review and acceptance of the final document by the City Administrator and City Attorney. 5. Approve the 157th Street West Restoration Agreement. 6. Adopt draft resolution approving the conveyance of City-owned property to Fischer Sand and Aggregate,LLP. Project Summary/Issues Attached for your consideration is a request by Arcon Land II, LLC (the developer)and Fischer Sand and Aggregate, LLP (the property owner) for approval of a planned development ordinance 1 that will establish permitted, conditional, and accessory uses; a planned development agreement, and final plat and development agreement for REGENT'S POINT. This development consists of 41 lots and four(4) outlots. The lots will be used for the construction of 41 single-family dwellings, with Outlots A and B to be used for storm water ponding and Outlots C and D reserved for future single-family residential development. Right-of-way will be dedicated for local streets to serve the individual lots as well as Johnny Cake Ridge Road and 157�' Street West, collector streets and 160� Street West, a minor arterial street. A public hearing on the proposed rezoning and subdivision of the land by preliminary plat was held by the Planning Commission on June 19 and July 17, 2013, and was recommended for approval by the Commission at its July 17, 2013, meeting. On January 9, 2014 , the City Council approved the following: 1. An amendment to the 2030 Comprehensive Land Use Map re-designated the property east of Johnny Cake Ridge Road with the proposed final plat from "MD" (Medium Density Residential/6-12 units per acre to "LD" (Low Density Residential/2-6 units per acre); 2. rezoning of the land within the QUARRY PONDS preliminary plat from "SG" (Sand and Gravel)to"PD"(Planned Development) and directed staff to prepare a planned development ordinance; and 3. The QUARRY PONDS preliminary plat. The draft planned development ordinance includes the permitted, conditional, and accessory uses; and the area requirements and special performance standards for zone 1,which include Blocks 1-4 and Outlots C and D of the final plat. This zone has been established to allow for single-family dwellings that will be constructed on smaller lots than you would typical see in the "R-3"single- family residential zoning district. Zone 2 will include Outlots A and B and the only allowed use in that zone is public storm water ponding area and other essential public service facilities. The draft development agreement refers to the installation of the municipal improvements consisting of municipal streets,utilities, a reconstruction and expansion of the existing storm water pond within the development. It also lays out the cost participation between the City and developer for construction of Johnny Cake Ridge Road, the 160th Street West turn lanes, and costs related to oversizing municipal utilities within and outside of the subdivision's boundary. Financial guarantees for all of the developer-installed items and landscaping are included in the agreement as well as other financial obligations and dedication requirements. The agreement also calls the conveyance of City-owned property that is currently part of the storm water ponding area to the developer for residential development. This includes approximately.6 acres east of Johnny Cake Ridge Road that will become part of Lots 1-3,block 4 and .OS acres west of Johnny Cake Ridge Road, which will be part of Outlot D. The conveyance of this property will be offset by the dedication of land within Outlots A and B for storm water ponding. The agreement includes conditions for grading of the expanded storm water pond and public streets, which includes dates for completion of these grading activities. 2 Finally, the agreement also calls out the installation of all subdivision monuments and documentation of additional agreements, which will be included as attachments to the development agreement. These include the following: • A temporary drainage and utility easement over Outlot C. • A drainage and utility easement over the watermain that will be located in the 157�' Street right-of-way. • Access restriction easements that will restrict direct driveway access from Johnny Cake Ridge Road and 157�' Street West to all abutting lots. Planning Commission Action A public hearing scheduled for the June 19, 2013, Planning Commission meeting was continued to the July 17, 2013 meeting. The Planning Commission voted to recommend approval of the rezoning from "SG" (Sand and Gravel) to "PD" (Planned Development) and the Quarry Ponds preliminary plat. Budget Impact The City will be�participating with the developer with the cost of the construction of Johnny Cake Ridge Road, 157 Street West and the 160�' Street West turn lanes, and costs related to oversizing municipal utilities within and outside of the subdivision's boundary. The costs are outlined in the development agreement. Attachment(s) Draft Ordinance Draft Develo ment A eement I,ocation Ma Draft Planned Develo ment Agreement Resolution Draft Restoration A eement Draft Final Plat Draft Planned Development A eement Draft Land Conveyance Resolution EAW Petition ' Draft Final Plat Resolution Quit Claim Deeds EQB Letter 3 REGENT'S POINT PROJECT REVIEW E�sting Conditions Property Located along the north side of 160"'Street West(CSAH 46),west of Pilot Knob Road Location: Legal Description: Part of the Southwest %of the Southeast %of Section 35 Comprehensive Plan Designation "LD" (Low Density ResidentiaU2-6 units per acre) and "MD"(Medium Density ResidentiaU6-12 units per acre) Zoning Classification "pD"(Planned Development) E�sting Platting Unplatted Current Land Use Farn�land and storm water ponding area Size: Approximately 60.5 gross acres Topography: Flat E�sting No significant vegetation,the property is used for crop production storm water storage Vegetation Other Significant Natural Features None Adjacent NORTH Fischer Sand and Aggregate Mining Operation Properties/Land Comprehensive Plan "HD" (High Density AesidentiaU> 12 units per Uses acre) Zoning/Land Use "SG"(Sand and Gravel) SOiTTH Single-Family Residential in Lakeville Comprehensive Plan Low Density Residential-<3 units per acre) Zoning/Land Use "RS-3"(Single-Family Residential) EAST Quarry Point Park Comprehensive Plan "P"(Parks and Open Space) Zoning/Land Use "P"(Institutional) WEST Regatta Residential Development Comprehensive Plan "LD" ( Low Density ResidentiaU2-6 units per acre) Zoning/Land Use "PD-632"(Planned Development) Development Project Review 4 ComArehensive Plan: The property was originally guided"MD"(Medium Density ResidentiaU6-12 units per acre) and "LD" (Low Density ResidentiaU2-6 units per acre). "MD" land uses include townhomes, other attached single-family dwellings, and low-rise apartments and condominiums at densities that range between six to twelve units per acre. This designation fits with the "M-4", "M-5", "M-6" (Multi-Family) and "PD" (Planned Development) zoning districts. The "LD" designation is intended to accommodate residential developments that range from zero to six units per acre and include most of the existing single- family residential areas that are zoned"R-1", "R-2", "R-3", and"R-CL". Other zoning districts eligible for this land use category include "R-5" (two family); "M-1", "M-2", and "M-3" (multiple family); and "PD" (planned development). The applicant submitted an application requesting an amendment to the 2030 Land Use Map to re-designate the subject property east of Johnny Cake Ridge Road from "1VID" to "LD" (Low Density ResidentiaU2-6 units per acre). A public hearing regarding this amendment was held on April 17, 2013, at which time the Planning Commission voted to recommend approval of the proposed amendment. The City Council reviewed the request at their meeting of April 25, 2013 and authorized submittal of the amendment to the Metropolitan Council. The Metropolitan Council reviewed and approved the proposed amendment to the 2030 Land Use Map and the City Council adopted the proposed amendment on January 9,2014. Zonin�: At the time of the Quarry Ponds preliminary plat application, the majority of the property was zoned"SG"(Sand and Gravel),with the existing storm water pond located in the southwest corner having a "P" (Institutional) zoning designation. "SG" zoning districts a11ow for limited agricultural pursuits, including crop and plant production and commercial greenhouses and nurseries as permitted uses, and sand and gravel mining as a conditional use. No mining has occurred on this property with the exception of some stockpiling and processing of black dirt in the northeast corner. The site has been generally used for raising crops. The applicant is requested and received approval of the rezoning of the property to a "PD" (Planned Development) designation and staff was directed to prepare a draft planned development ordinance that would include establishing the uses, area requirements, and performance standards for the planned development district,consistent with the proposed development. � The City code defines a planned development as"an urban development often having two or more principal uses and having specialized performance standards relating to an overall approved development plan to provide for optimal land use relationship". The criteria for approval are as follows: • The proposed development is in conformance with the comprehensive guide plan of the City and encompasses an area of not less than 20 acres. • The proposed development plan is designed in a manner so as to form a desirable and unified environment within its own boundaries. � The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. The planned development ordinance will include two zones. Zone 1 will establish uses, area requirements, and performance standards for residential development consistent with the submitted development plans that will include allowing residential lots with a minimum area of 8,450 sq. ft. and lot width of 65 feet. Of the 41 lots within the REGENT'S POINT d�velopment, 26 will be less than 10,000 sq. ft. in area with the remaining 15 having an area greater than 10,000 sq.ft. Ten of those lots will have a lot area equal ar greater than the rrLnimum allowed in the"R-3"zoning district. 5 A conditional use permit (C.U.P.) has been approved for the "SG" zoned property within the proposed development, which allows sand and gravel mining. The rezoning of this property will end the ability of Fischer Sand and Aggregate, the current owner, to mine the property. Mining is expected to continue north of the REGENT'S POINT development. This planned development ordinance will also be applicable to future development on Outlots C and D. Preliminarv Plat: The original preliminary plat proposed the subdivision of the subject property into 109 single-family lots and four(4) outlots. Since the submission of the original preliminary plat; staff indicated that there might be the need for additional ponding area,which required the applicant to revise their plat by omitting the proposed residential lots west of future Johnny Cake Ridge Road. The revised preliminary plat identified 76 single-family lots and five outlots, which the City Council approved by the on January 9,2014. A condition of preliminary plat approval was that the project would be done in phases,with the first phase being the 41 lots depicted on the proposed fmal plat. Availabilitv of MuniciAal Utilities: E�sting public utilities will be extended to serve this proposed development. Watermain will be extended to the west from Pilot Knob Road and be located in the 157'i' Street West right-of-way. Sanitary sewer will come from an existing line located along the north side of CSAH 46,which will be extended north along Johnny Cake Ridge Road. Storm sewer infrastructure will be installed to serve the site. Storm sewer pipes will be installed to collect water from lots in the subdivision and transport it to the storm water ponding area that will be reconstructed in Outlots A and B. Water quality provisions will be incorporated into the reconfiguration of the pond. A public watercourse under the jurisdiction of the Minnesota Department of Natural Resources (DNR) is located in this proposed subdivision. This watercourse, which used to run overland, was put into a storm sewer pipe several years ago and currently discharges into the pond within this proposed development. Modifications to the pond required the issuance of a permit from the DNR,which the City has obtained. Fischer Sand and Aggregate will be responsible grading the 157'�' Street West roadbed from the westerly boundary of the plat Pilot Knob Road. Although the road is not scheduled to be constructed until the second phase of development or within two years of the first phase, the grading work needs to be done to accommodate the extension of utilities west from Pilot Knob Road. A restoration agreement shall be executed to insure that the grading work is performed in a manner acceptable to the City. Staging Plan: The applicant is proposing to develop the REGENT'S POINT project in two phases. The first phase will be the westerly 41 lots and the ponding area. The second phase will include the development of single-family lots in Outlot C. Johnny Cake Ridge Road, from CSAH 46 to 158`i' Street West will be constructed and provide the only access to the lots in the first phase. Construction of 157�' Street West from the Regatta development to Pilot Knob Road and Johnny Cake Ridge Road from 158tn Street West to 157th Street West would occur with the second phase. If the second phase is not approved within two years of the first phase, the City may choose to construct 157t'' Street West from the Regatta development to Pilot Knob Road and Johnny Cake Ridge Road from 158�`Street West to 157�'Street West. A preliminary plat has been submitted, reviewed and approved by the City for Outlot D of REGENT'S POINT. This plat, referred to as QUARRY PONDS WEST, proposes development of the 10.5-acre 6 outlot into 33 single-family lots. This plat is also proposed to be completed in two phases. The City has placed the same street extension condition on this plat as they did on REGENT'S POINT Financial Issues: Johnny Cake Ridge Road and 157�' Street West are classified collector streets in the City's 2030 Transportation Plan. Collector streets are described as roadways designed to serve shorter trips within the City,and collect and distribute traffic from neighborhoods and employment centers to the arterial street system. Both af these streets will be designed and constructed to serve those needs greater than what is generated by this development. The development agreement includes a section that identifies the City's and developer's financial responsibilities for the construction of the two collector streets,the CSAH 46 turn lanes,as well as the public utilities oversizing costs. Pedestrian Access: Sidewalks, trails or pathways shall be provided in each plat in accordance with provisions of the City's pedestrian circulation plan. Sidewalks will be required along both sides of local streets within the development and pathways will be installed on both sides of future Johnny Cake Ridge Road and 157�' Street West. The Quarry Ponds preliminary plat identified a 13-foot wide area has been in the southeast corner where a pathway will be installed that will connect with an e�sting pathway in Quarry Point Park. That location will be established at the time of the Outlot C replat. This development is in an area where Dakota County is proposing to construct a section of the North Creek Greenway. This trail will connect the Vermillion River in Empire Township with the Minnesota Zoo and Lebanon Hi�ls Regional Park. Different layouts have been discussed over the years with no decision made on a location. City staff inet with Dakota County representatives to discuss the trail's alignment as part of this development proposal. It appears that an understanding has been reached that will take the trail west and north through Quarry Point Park and will cross 157�' Street West east of the Quarry Ponds development. This proposed alignment was presented to the Apple Valley Parks and Recreation Advisory Committee and they voted to recommend the Quarry Point Park alignment as proposed by staff. Recreation Issues: The City's subdivision regulations provide for dedication of land or easements for the purpose of offsetting the need created by new development for new parks or storm water holding ponds. The regulations also provide for a cash-in-lieu of land dedication and is based on a "benchmark" land valuation for raw land. The plans do not propose any land dedication,therefare it will be expected that the developer will be proposing the cash option to meet their park dedication requirement. The Parks and Recreation Advisory Committee reviewed the Quarry Ponds development project at their June 10,2013 and they recommended the acceptance of a cash dedication with the plat. Approval of the REGENT'S POINT final plat and development agreement will include the cash-in-lieu of parkland land dedication$187,950.00. Environmental Review Repuest: The Minnesota Environmental Board(EQB)has informed the City that they have received a petition requesting that an Environxnental Assessment Worksheet (EAW)be prepared for the REGENT'S POINT and QUARRY PONDS WEST developments. The petition cites the following significant environxnental effects as reasons for the need of an EAW: • Heavy vehicle traffic on residential streets of Regatta and Lakeville. • Heavy traffic creating unsafe risks for children at play and use on residential streets. • Higher density housing of Quarry Ponds causing drop in property values,with problems. • Destruction of the Vermillion River Watershed's home to wildlife in southeast Apple Valley. • Excessive harmful dust and noise from the gravel mining before,during development. • Destruction of a 20-year-old,2,580 feet shoreline of lake adjacent to Fennel Court and 160th St.W. 7 • Proof,material evidence indicating, due to the nature or location of the proposed project,there may be potential for significant environmental effects. The attached petition lists the following excerpts from the mandatory EAW categories that the petitioner believes apply to these development projects. In the enclosed letter from the EQB,they state that no final government approvals may be given to the proj ect until the need for an EAW has been determined. Over the past several yeaxs, environmental reviews have been done for this property as well as adjacent properties. They will include the following: • Sand and Gravel Mining Operations and Reclamation Plans Environxnental Impact Statement (1988-92) • Apple Valley Sanitary Sewer Interceptor EAW(1995) • Regatta EAW(1997) • Seed Trust Alternative Urban Areawide Review(1999) • Regatta 3rd Addition EAW(2000) • Fischer Sand And Aggregate Alternative Urban Areawide Review(2007) Staff is completing its review of this petition and will present the fmdings for consideration by the City Council on the 10�'. 8' ORDINANCE NO._ AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE BY ADDiNG ARTICLE A FOR PLANNED DEVELOPMENT DESIGNATION NO._ The City Council of Apple Valley Ordains: Section 1. That the official zoning map be amended tc�;�n�lude under Planned Development Designation No._• s = Zone 1: Blocks 1-4 and Outlots C and D,RE�E1�T'S POINT� _4� � Zone 2: Outlots A and B,REGENT'S PC�INT. � Section�2. That the Code of Ordinances be�ended b�,a�ding Sectio��,�, as follows: � �— .,;�, Sec. A -2 PERMITTED USES � (A) Zone 1. W�t��thas zone, nc� structure o� ��nd sha,�I�� used except for the one or � more of the followmg�ts��`o'r t�s��'deemed sxznilar by the�Lit��ouncil: (1) One-�family detached dwelling�meeting the standards of the Uniform Building Code,�laced on perman�tit fo�dations^aricl having no horizontal axis less than 18 feet in length�e� � � ''A (2) Pu��1�utilrty bi.iildings anc�-�trt�ctures. (3) Home oc�upation a��iefined in Section155.003. � � �; (�� Parks and pTaygrounds. (5) Pu'bl�e libra�e�. (6) Public re�reation buildings, community centers and swimming pools. � � (7) Private recreation buildings, facilities community centers and swimming pools. (8) Municipal government administrative buildings. (B) Zone 2. Within this zone, no structure or land shall be used except for the one or more of the following uses or uses deemed similar by the City CounciL• (1) Public storm water ponding areas. 1 Sec.A -3. CONDITIONAL USES. (A) Zone 1. Within this zone, no structure or land shall be used except far the one or more of the following uses or uses deemed similar by the City Council except through the granting of a conditional use permit: (1) Community based family care home, day care home not licensed under Minnesota statutes 245.812 or a community based residential care facility or day care facility in a multiple dwelling unit when: � (a) Facility meets all existing health, fire bniid��g and housing codes. � � (b) Separation of one-quarter(1/4) mile ex�sts b�tv�een such facilities. The city � � council may grant exception to the�ne-quarter mile iule when strong community � � support exists, program effective�es��is closely tied fc�particular cultural resources � � in the community, or an effectiu��i�atural or manmade baz�ier�e�sts between � facilities. � � (c) Such conditional u�e;permit shall lie�e��e�ved at one-year intervals. (B)� Zone 2. There are not cQ�ditiart�uses provii��d � Sec.A_-4. PER��TT'ED A�CESSORY USE�.,' (A) Zone 1. W�th�n this zone, no structure or land shall be used except for the one or „� . more of the fo�lQ�uing uses c��ses��eiz��d similar b��the City Council shall be permitted accessory��es :.°�� (1) Buildings etemporarily located for the purposes of construction of the premises for a perioc�nc�t to exceed th�s time neces��ry to complete said construction. � � (Z) ,.Temporary�a�es office. � � (3) Esse��ial_��1ic service facilities provided all requirements are met. b��, (4) Detachect`garages/accessory buildings that shall have the same exterior finish as the primary structure. (B) Zone 2. Within this zone, no structure or land shall be used except for the one or more of the following uses or uses deemed similar by the City Council shall be permitted accessory uses: (1) Essential public service facilities. a Sec.A_5 MINIMUM AREA STANDARDS AND REQUIREMENTS (A) The following minimum area standards and requirements shall be met and no improvements shall be placed on such lands unless the lands to be used or improved shall meet the following area and dimensional requirements. (1) TABLE OF MINIMUM AREA REQUIREMENTS AND STANDARDS Specifieation Zone 1 Minimum lot dimensions: Lot area(square feet) _ Interior lot �.-,$,425 � �� Corner lot � ��10,400 Lot width (feet) � Interior lot � � � �=�60 � � � Corner lot �� Minimum building setbacks (feet) � Along principal or arteri�l streets ��"�Q � � � � Along collectar st��e�� ' �0 � Along all other s�r�et� � � Front 3 0 � � Side�o�.line. ., �n�� 5 Rear'lot line 25 Side�yardesetback on a cc�ii};er lot � Street�s'i�t�;� 20 � Interior side ��e��ti. 5 � Maximum impervio�rsrvsurface s.` covera e ercent) 35 Maximum building height(feet): 35 Maximum number of stories 2 NOTES TO TABLE 1 —Mini�num rear yard setback for lots abutting the portion of 157th Street West having a right-of-way width of 100 feet shall be 30 feet. 3 (2) Building and site design, see § 155.346 (3) Screening, see § 155.348. (4) Landscaping, see § 155.349. (5) Drainage, see § 155.350. (6) Parking, see § 155.370 through 155.379. (7) Signage shall be in accordance with �hapt�l54 of the City Code of Ordinances. :n;� . (B} Site Design: The following design�Iem�nts shall be inct�r�orated into all site plans for buildings in zone 1: (1) Sidewalks shall be installed along both s.�t�es'°of all public l�cal streets. � (2) Pathways shall b��tlsfalled along both s�des of all collector streets. � � (3) A pathway connectior�'.�hall�e m��e within�?u�tlot C, to the sidewalk along Everglade Avenue and th��vesterly pathway within Quarry Point P�irk. (4) t�n'undulated�odded landscape�d berm or�berms shall be installed on lots, where feasible, adjacent�tc�.,any pnri��pal or mino�r arterial streets at a maximum 3:1 slope. The � berms shall be.sub�ect to the.�raffi��sihi�it�requireinents of Section 155.335. � � ' (5) A landscape plan prepared b�a landscape architect registered and licensed in the stat�s�iall be required f��all lai%dscaped berriis��and the following design elements shall be incorpora''t'ed:e; , (a) Provid��=screening of undesirable views. ��1�) pPro�rl��a pleasant street experience. � (c) L�ndscape to soften the visual impact of large paved areas. (6) A landscape plan prepared by a landscape architect registered and licensed in the state shall be required for all for all lots abutting a collector street and the following design shall be elements incorporated: (a) Provide screening of undesirable views. (b) Provide a pleasant street experience. 4 Section 3. 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. Section 4. Filing. The City Clerk shall file a copy of this ordinance in her office,which copy shall be available for inspection by any person during regular office hours. Section 5. Publication. The City Clerk shall publish the titie of this ordinance and the official summary in the official newspaper of the City with no�ie��tl�at a printed copy of the ordinance is available for inspection by any person during x�gi�lar office hours at the office of the City Clerk. � Section 6. Effective date. This ordinance��h�l�take effect upoii its,passage and publication of its title and official summary. � PASSED by the City council this l Oth day of Ju�y,20�'� ;� � � � `'`Mary Ham�in-Roland, Mayor ATTEST: Pamela J. Gacks�e��, City Clerl� �� 5 CITY OF APPLE VALLEY ORDINANCE NO._ AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE OF ORDINANCES The following is the official summary of Ordinance Nn a� approved by the City Council of Apple Va11ey on July 10,2014. � The Code of Ordinances is amended by adding�Articl�..� establishing Planned � Development Zoning District Na � . This�a�iendment��imvides for single-family �� residential housing and creates performanc�: standards reguIati�.g building size and bulk, setbacks, and appearance. The ove�aT�� districY is bounded b�_,�60�` Street West � � on the south, the Regatta residential develop�nent on the west, 157�`�tr�et West on the � � north, and Quarry Point Park on the east, con�tair�ng agpra�imately 22 5 ac�s of land. � �: A printed copy of the ordinance �s avail�ble for inspect�o�q by any person during regular office hours�at the office o£�th��ity Clerk��at the App1c�VaJ1ey Muni��al Center, 7100 147�' Street � � West,Apple Valley, Muinest��a 5��124. - � � 6 CITY OF APPLE VALLEY RESOLUTION NO. 2014- PLANNED DEVELOPMENT AGREEMENT APPROVAL REGENT'S POINT WHEREAS,pursuant to Minnesota Statutes 462.357,the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances,to control land uses throughout the City;and WHEREAS,pursuant to Chapter 155 of the City Code,the City Planning Commission held a public hearing for zoning amendments to Appendix F, of the�tLy Code on June 19 and J�uly 17, 2014; and WHEREAS,the City Planning Commission reca��nc�ec�.Y�s approval of the zoning � amendments and the preliminary plat for Quarry Ponc�s,�i�ow knovva��s REGENT'S POINT, at a � public meeting held on July 17,2013; and �' w ;��, � � �� '�r`° � WHEREAS,the City Council approved th��zoning amendments anc�"��welopment plans on � Council on July 10, 2014; and ��,� � WHEREAS,pursuant to Chapt��55,�f the City�c�t�e and the Planned Development agreement between the applicant and the�ty�etailing the c��itions of approval of REGENT'S POINT planned development ordinance;�d - NOW,THEREFCI]�,B��T RESOL�ED b�t�he�i'��ounci�of the City of Apple Valley, Dakota County, Minr��s�t`a,the Pla�ed Develop�erit�agreerri��,�p�or the following described platted lot is hereby appr�ved and tli�Mayor and,;�ify Clerk are authorized to sign the same,to wit: �� . REU�T�"T;'S F(}TNT � ��a� - - � � ADt�PTED this l Oth da�of Jiz��2014. �x. � ; ��f"? 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 2 PLANNED DEVELOPMENT AGREEMENT REGENT'S POINT THIS AGREEMENT is made this day of , 2014, by and between the City of Apple Valley, a Minnesota municipal corporation (the "City"), and Fischer Sand & Aggregate, LLP, a Minnesota limited liability partnership (the"Owner"). WHEREAS, the Owner is the fee title holder of real property legally described as follows: See Exhibit A attached hereto and incorporated herein (the "Property"); and � � WHEREAS, the City Council did review th°�ndevelop�ient plans for the Property on � � , 2014, and did approve the developm�i�t subject to:;��t�ditions �including but not limited to the execution of this written Planned=I7�velopment Agreem�t�t�recording the final plat � of the Property and enactment of the Planned D�elopment Ordinance, ani�l�x� � WHEREAS, the parties here�y acknowledg�.,fl�at C1�i�,Planned Developir�ent Agreement and the attached e�iibits (Exhibits A " F) constitute'�h� Flanned Developmeri�`Agreement for the Property; NOW, THEREFORE, it is hereby"agreed b�and.betwee�the parties as follows: 1. This Planried Dev�l�pment Agreem:ent applies o�ly to the Property. � � 2. � �Fischer� ag�rre�s to c��n�ly with��t�ie Planned Dev�lopment Ordinance.attached � � hereto as E��iit$. �e ,� � � � - � ., �9�� Fischera=agrees that'�levelopment'of;the Property shall be in compliance with the e� . . prehmir��!�plats and tfie��rcondi�ons�, of preliminary plat approval referred to herein as � � Exhibits C.�as listed belo��p �A. � � Exhibit� Preliminary 3?1at of Quarry Ponds � � � � � .: ... Exhibit D City�,of Ap�l�e Valley Resolution No. 2014-9, Preliminary Plat Approval, Quarty'�'t��ids Addition Exhibit E Preliminary Plat of Quarry Ponds West Exhibit F City of Apple Valley Resolution Na 2014-95, Preliminary Plat Approval of Quarry Ponds West 4. Fischer agrees that upon approval by the City of this Agreement, without further action by the City, (i) any and all mining operations on the Property and rights to mine any of the Property are terminated, and (ii) all permits for mining operations on the Property, including but not limited to the Conditional Use Permit approved by the City on November 21, 2006, for the mining of sand, gravel and other mineral deposits, are terminated as they relate to the Property. 5. This Agreement shall be effective upon signature by the parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year first written above. Fischer Sand &Aggregate, LLP, a Minnesota limited liability partnership By: LAR Investments, LP, � � a Minnesota limited pa�'t�ership Its: Partner � By: L A Rabson,LLC, � � � � a Minn�soE��limite�1�;a.bility company Its: Gezzeral Partner y" By I,iza A. Robs�n Its: Mai�agtng,,��mber Fisc�r�r Sand Si�pt�ggregate, �;3;P, a Minn�sota limiCec��bility p�rtnership By: PV�� Investments,�LP, a Minn�s�ta limited partnership � :Tts: Managing Partner By: PWF, LLC, a Minnesota limited liability company R��. Its: General Partner � � � � By: Peter W. Fischer Its: Managing Member 2 STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Liza A. Robson to me personally known, who being by me duly sworn, did say that she is the managing member of L A Robson, LLC, a Minnesota limited liability company, which is the general partner of LAR Investments, LP, a Minnesota limited partnership, which is a partner in Fischer Sand & Aggregate, LLP, the Minnesota limited liability partnership named in the foregoing instrument, and tl�at said instrument was signed on behalf of Fischer Sand & Aggregate, LLP, by authority o£t��mited liability partnership and said Liza A. Robson acknowledged said instniment to �e°.�he free act and deed of the limited liability partnership. 4 �'atary Public , STATE OF MINNESOTA ) ) SS COUNTY OF ) On this d��£ ':, , 2Q�4, before me a Notary Public within and for said County�b�ersonally �:ppeared Peter � �ischer`�cr�ne personally known, who being by me duly sworn, did;�ay that h�.is the manag�rig`member of`PWF, LLC, a Minnesota limited liability company, whic�:`�s,the ge�eral partner�`a�nPWF Investments, LP, a�Minnesota limited partnershipy �l�cl� is the managY�g �a��er of Fisc�er Sand & Aggregate; LLP, the Minnesota limited liab�Ii1� p�"r"��.ership na�ted in the.,��rregoingA instrument, and that said instrument was signed �i�%`behalf of ��scher Sa��..& Aggregafe; LLP, by authority of the limited liability � � partnersht�p eand said Peter'�?V Fiscl�er acknowledged said instrument to be the free act and deed of the limitecl liability partnershi�. Notary Public 3 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 , 2014, be�ore me a�Notary Pub�ic �ithin and for said � County, personally appeared Mary Hamann-Rolanc��and Paixiefa J. Gackstetf�re#t� me personally � � known, who being each by ine duly swt��n�n each did sa�t�iat`they are respectively�the Mayor and � Clerk of the City of Apple Valley, the pmu�i�ipality named�n,the foregoing instrument, and that � � the seal affixed on behalf of said munzc�palit��y,authority�£�ts City Council�and said Mayor� � and Clerk acknowledged said instrument��tz�be the fre��t and d�ecl of said municipality. � 9 Notary Pub`Iic This i��ar�'inent was c�ra�ed by Doughe�ya,,Molenda, Soif�st;_Hills�;Bauer P.A. 7300 West ��7th Street, Sui��;�00 � Apple Valley;`�Viinnesota 55124� e� � � (952) 432-3136 � MDK(66-33930) � � � 4 EXHIBIT A Legal Description of the Property The South Half (S1/2) of the Southeast Quarter (SE1/4) of Section Thirty-five (35); Township One Hundred Fifteen (115), Range Twenty (20), Dakota County, Minnesota. EXCEPT the East 1,645.00 feet thereof; and FURTHER EXCEPTING the North 525 feet of the South 615.00 feet of the West 177.5 feet of the South Half of said Southeast Quarter, Section 35, Township 115 North, Range 20 West, Dakota County, Minnesota, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. � The South 40.00 feet of the North Half(Nl/2) of the Soutl�ea�t�uarter(SE1/4) of Section � � Thirty-five (35), Township One Hundred Fifteen (115�, ��ge Twenty(20), Dakota County, Minnesota lying west of the East 1,645.00 feet thereof �,�� That part of the East 50 acres of the East Hal£t�fi�lie��Southwest Quar€e�:��Section 35, Township 115, Range 20 North, Dakota County, Minnesota,;which lies southerly`'�f�he a line described as � commencing at the southeast corner of said�East��0�cres of t.�e_Southwest ��rter; thence on an � assumed bearing of North 0 degrees 03 minutes 14 s�eonc��est, along the �ast�line thereof, a � � > � distance of 1368.07 feet to the poix�t ��ginning of sax�°Iirie to be described; thence South 89 � � degrees 59 minutes 39 seconds �e�� a �distance a�,�3�7.41� �feet; thence westerly and. southwesterly a distance of 218.78 feet��long�� tangential 'e��e concave to the southeast, said � curve having a radius of 700.00 feet an� �. central a�g�,e of 17 d��rees�51 minutes 31 seconds; � � .._ thence southwesterly anc� �s�l�a distance of 218`�� '�et=along`�`��everse curve concave to the northwest, said cur��h�uing a radxus of 700:�(1 fee�a�d a ce�.tr�l angle of 17 degrees 54 minutes 10 seconds; thence Noith 89 degrees 57 mi�utes��52 seconds"West, tangent to last described ne curve, a distance of 32.$5`tQathe wes��line of said East 50 acres of the East Half of the Southwest Quarter and said line there��ninat��g ;�cepting therefrom the North 525.00 feet of the South 615.00 f�e��iefec�e;;.� �, The North•�25.00 feet of t�ie South�15�:00 feet of the East 50 acres of the East Half of the Southwest�uarter. � � �� The North 525.Ot?-�e�t of the Sou�i 615.00 feet of the West 177.5 feet of the Southeast � Quarter. � - � � � All in Section 35, Townsh��.5;Range 20, Dakota County, Minnesota. � 5 EXHIBIT B ORDINANCE NO._ AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE BY ADDING ARTICLE A FOR PLANNED DEVELOPMENT DESIGNATION NO. The City Council of Apple Valley Ordains: � � Section 1. That the official zoning map be amended tc��n�lude under Planned Development Designation No._• � �� Zone 1: Blocks 1-4 and Outlots C and D,REGEN`T'S POIi�`�';y, Zone 2: Outlots A and B,REGENT'S �C?�T. � � Section 2. That the Code of Ordinances be arriended b�a�iding Section A��t as follows: Sec. A -2 PERMITTED USES �� ` �� (A) Zone 1. Withr� this zone, no�9structure"��°°iand shalLe�� used except for the one or more of the followm�uses or�ses.deemed si�zlar by`t�e�it�vCouriciL• (1) Orie family detached dwelling`s,meeting the standards of the Uniform • Building Code��laced on peimanent foundations �nci having no horizontal axis less than 18 feet � in length.e� � � � � � � �� (2) 1'ub�c utihty�iuldings anc�'sfr�ctures. �,x, � �(3) Home oc�upation a�cle�fined in Section 155.003. �� (4)� Parks and playgrounds. (5) Publi�libra�es. � � (6) Public r��reation buildings, community centers and swimming pools. � (7) Private recreation buildings, facilities community centers and swimming pools. (8) Municipal government administrative buildings. (B) Zone 2. Within this zone, no structure or land shall be used except for the one ar more of the following uses or uses deemed similar by the City Council: (1) Public storm water ponding areas. i Y Sec.A -3. CONDITIONAL USES. (A) Zone 1. Within this zone, no structure or land shall be used except for the one or ' more of the following uses or uses deemed similar by the City Council except through the granting of a conditional use permit: (1) Community based family care home, day care home not licensed under Minnesota statutes 245.812 or a community based residential care facility or day care facility in a multiple dwelling unit when: � (a) Facility meets all existing health, fire build�r�g�and housing codes. (b) Separation of one-quarter(1/4)mile e�ists bc�een such facilities. The city � � council may grant exception to the�ne-quarter mil�:rule when strong community support exists,program effectiveness is closely tied taparticular cultural resources in the community, or an effectiv��iatural ar manmade barn�r exists between � � facilities. (c) Such conditional:tii��permit shall be�-ev��wed at one-year in�ervals. (B) Zone 2. There are not co�idi�ic�nal uses provii��d., Sec.A -4. PERIV�I'�'TED��ESSOR�IJ�ES = �4 � (A) Zone 1. Wi��iin,this zoi�€;,no structu�e or land sha11 be used except for the one ar �� more of the following uses c��use�ed�in�d,simila��the City Council shall be permitted accessory use�,� (1) Bu�ldings tempo��i�y located�or the purposes of construction of the premises for a period�t to exceed the nme nece�ary to complete said construction. � (�� Temporary s�Ies office. � � (3) Esseritial public service facilities provided all requirements are met. � � � (4)� Detache��garages/accessory buildings that shall have the same exterior finish as the primary structure. (B) Zone 2. Within this zone, no structure or land shall be used except for the one or more of the following uses or uses deemed similar by the City Council shali be permitted accessory uses: (1) Essential public service facilities. a , Sec.A -5 MINIMUM AREA STANDARDS AND REQUIREMENTS (A) The following minimum area standards and requirements shall be met and no improvements shall be placed on such lands unless the lands to be used or improved shall meet the following area and dimensional requirements. (1) TABLE OF MINIMUM AREA REQUIREMENTS AND STANDARDS Specification Zone 1 Minimum lot dimensions: � �� Lot area(square feet) � � �' �� Interior lot � �8,450 � Corner 1ot ��10,400 � ,tt Aa e : Lot width (feet) � � Interior lot �;¢S � � Corner lot 8(� � � � � Minimum building setbacks (feet) Along principal�or arterial streets � e e��;50 �� Along collector stzeet�l � `�� Along all other st��et� �� Front . 30 Sid��t�t 1�e : �. ��.5 Rear'lot line 25 Side y��cl,,setback on a c�i�er lot Street sid�:.� 20 � � Interior side�,�=: 5 � � � � Maarimum impervious;surfacc:�� covera e ercent) 35 Maximum building heiglit(feet): 35 � � Maximum number of st�ies 2 NOTES TO TABLE 1 —Minimum rear yard setback for lots abutting the portion of 157th Street West having a right-of-way width of 100 feet shall be 30 feet. 3 . (2) Building and site design, see § 155.346 (3) Screening, see § 155.348. (4) Landscaping, see § 155.349. (5) Drainage, see § 155.350. (6) Parking, see § 155.370 through 155.379. (7) Signage shall be in accordance with �l�apt��154 of the City Code of Ordinances. (B) Site Design: The following design,;�l�rn�nts shall be inco�porated into all site plans far buildings in zone 1: � (1) �Sidewalks shall be installed alorig�-�oth��des��of all public�0�1 streets. � (2) Pathways shall be�s��lled along both s�des of all collector streets. (3) A pathway connection�shall��be�riiade within U�tlot C, to the sidewalk along Everglade Avenue and the�westerly pathwa�within Quar�Point Pa�'k. (4) An undulated��?dded landscapednberm or berins shall be installed on lots, � where feasible, adjacent�o�any pri�ripal ar minor.arterial streets at a maximum 3:1 slope. �The � berms sha11 be subject to th��ra£fie��sibility requirements of Section 155.335. � � ' k ° (5) A 1a�idscape glan preparec�b}�a laridscape architect registered and licensed in the stat�`s�all be required��or all lant�'sCaped bernis and the following design elements shall be � incorporate�: . � � � �� (a) Provtde�:screening of undesirable views. � ��,b��Pro��te a pleasant street experience. � � � (c) L�ndscape to soften the visual impact of large paved areas. (6) A landscape plan prepared by a landscape architect registered and licensed in the state shall be required for all for all lots abutting a collector street and the following design shall be elements incorporated: (a) Provide screening of undesirable views. (b) Provide a pleasant street experience. 4 a Section 3. 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. Section 4. Filing. The City Clerk shall file a copy of this ordinance in her office,which copy shall be available for inspection by any person during regular office hours. Section 5. Publication. The City Clerk shall publish the ti��e of this ordinance and the official summary in the official newspaper of the City with n��c�that a printed copy of the � ordinance is available for inspection by any person dizring r�;�l�.office hours at the office of the Ci�y Clerk. � Section 6. Effective date. This ardinanc,e��:lf take effect upon i�s passage and publication of its title and official summary. PASSED by the City council this l Oth day of7��y, 2Q��.�� Mary Hatnarin-Roland,Mayor � � ATTEST, � . � � Pamela J. Gackstet��rz City C1erI� :�rt � k� 5 CITY OF APPLE VALLEY ORDINANCE NO._ AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE OF ORDINANCES The following is the official summary of Ordinance No ,: �_ approved by the City Cour�cil of Apple Valley on July 10,2014. The Code of Ordinances is amended� by add�ng�Anc��ee� establishing Planned � �e e,E e, � Development Zoning District No. . Th��iendmenf �rc�vides for single-family � � residential housing and creates performa�tce standards regulating building size and bulk, setbacks, and appearance. The ov�al� district is bounded ti�.�60�' Street West � on the south, the Regatta residential develapr�ent on the west, 157��t��t West on the � north, and Quany Point Park on the east, corit�ng a�Zprr��imately 22 5 �c��s of land. � � � �e, e, e . � � A printed copy of the ordinance is availablc�,for inspec�it�� by any person during regular � office hours at the office�f��h�City Clerk�t,the App��alley Nlitt�t.ci�al Center, 7100 147�' Street � West,Apple Valley,ll!��nnes�ta 5��,24. � � � � � � � �, � 6 PREL(MINARY PLAT QUARRY PONDS 't1 s q1TRT91'6 . . }Igg�ge'3p'$ . . . . � �.� 8.41P5'F� � [ _ t -_ _ - -___ 8 ,KZ% . � �� `�j-157TH 93RE8T . 157TH .STREEf ,.,„ . . � �., ,m. . �.-_ $W ,� � � 167TH SL' � f0S � i '°`g _ � �_ «�4 q�° °" R�^a 9«n o .�a�V w w.a 5 . � e,u � �1 . � -�i 1 4ie.asr cara iano inrn w.,:irni� ior�.i wi�'�nr�e' � �1z$.TS'� S snttEw . f � IAfT B.6215£9.9039F 9106G �9Qk 96Bi5F&5�6F&M36 11�A0� . ! � � n.z�as U ,�.�__ _ _ __�' ,na . � � � 'q. �r " . 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S P'n�aTC EviceptirylTe[aOOmMONOM52b.00fatM11rt5ouW696.�feetrie�eof, � ~ ^ g m.waFr wr,s �. o _�_ .>e �.�+aar IDt I � g acoldLrn,c $ °Fr ..a. ma ,mn I '2 eiw� e ��szs.�'ocere�asmuhelAOaf..tmn.Eaase.wacmm.Eartx.rtwtli. � C I s '° es 'f �'Iw$LM18 ��o Th.uoMM16d5.00A�tofiM9oufi615A0he1MtlreNAN1Ti.5he[eflF�9eWMOX 2 $ m3� ��la 1N9f LOT11 �m�� totw �y I Lor: avaner. OU7LDiA 1 . Ae � e.�� a.Yesv 9.omg 11p9" e i 14�SOeF � NFin9ottlon]S.Tawnshlpll�.Ra�ga3a.DakamGawb.�NVaeoh. X � �..o�as� � '" . �� i 5 � ��'' , .�.. W �' sa � � �oca � oU7LOTB = &�o F ]�p@SF � �0�0 a 1 . �10.6x6f sa a � . � � � Y,4 11561 aF . GITY OF APPLE — — -- VAI�LEY i ,� ,�� e . s�as- w.e �„�o��v�O � g ! I � � � �� z.z�ear3 � - . a SETBACKS � FRONT-30FEET SI�E S�EE7-20 FEET , ° �� — — — ` — � — — — — Y �� eq�� y� � SIDE-SFEETGAR4GE � . . R F- COUNTY H06D� NO. 48 Y� oR � - b _ 10 FEE7 HOUSE e — - � � � N80'8Y'98'7f m•me:dv . NeB'b6a18'1► ,p,w�em.wy D NN Y'S VAL �Y PA K 8 H DOD POIN � ST C30DD POINTE 3RD ADD[TlON DODD POINTE � ION � 2ND ADDITION Lox�a i�sx sr[t�sr s. � Q nonn iaiva w °� r----- � m,mops MKPAI4C rac - � � R�a� ��"'"°�"""�' �' �� nRCOx Lnrm �r, a.�.�. � PREUMINARY PLAT awa�os�a iwo wxv�ts m.r 13GINEERING ,�u�.R�».,�. 74V Sd17EtCR055 ORIVE W.SIE 7Ri 1 COMPBNY BNC. �—� ��„"` �"'��„�"'�� ° QUARRY PONDS / 1 6513 RWJIJ.ONGCO;m.yg��oiE 911RNSNI3E,ASN 55309 � 1000 FAST 7t8fA 4iREE,6U 3ppp d'�� •�� APPLE VALIEY. NNESOTR � " J � �E�MMNESDTp SL.35/PH(95�43Y- asa�ocK]s OUi EXHIBIT D � CITY OF APPLE VALLEY RESOLUTI�N NO.2pI4-9 PRELIMINARY PLAT APPROVAL � QUARRY PONDS ADDITION • WHEREAS,pursuanf to Mi�esota Statutes 462.358,the City of Apple Valley adopted,as Chapier 153 of fihe City Code,regula�ions to control the subdivisian af Iand withixi its borders;and WHEREAS,pursuant ta Chapter i53 of the City Code,the City Pla�nzng�oinmission held a public hearing oi�an application for subdivision of land by pla#on June 19 and July 17,2013;and _ _. _ _ _ __ _.._ ._ _ . WHEREAS,tlae Ciiy Plauni�.g Camxnission reviewed the preliminazy pla.t for conformance with the sta�idard�of Cl�apter 153 of�e City Code and made a recomnaeizdation regarding its approvaI on 3u1y 1?,2013,subjectto conditions. , NOW,'TI�REFORE,BE IT RES�LVED by the City Council of the Ci#y of App1e Valley, Dakota Coluity,Minnesota,that tb.e prelimizzary plat for the foIIowing described plat of land is hereby approved far a two-year period,to wit: QUARRY PONDS ADDTTION BE IT FURTHER RESOLVEI�,that said preliminary plat approval is subject to the appxc�priate a.mendme�lt to the City's Comprehensive Plan Land Use Map arid appropriate rezoning,wlazch must be�.orn.pleted prior io final plat approval. � BE IT FURTHER RESOLVED,t1�at said pxeluninary plat approval is subject to tlie approval of Dakota County due to tl�e adjacent l�ighway under i�s jurisdictian,and is further subject to appropriate revisions andlox highway improvements that said agency may condition its approva� on. � BE IT FLTKTHER RESOLVED,pursuant to Chapter�53 ofthe City Code,that said preliminary plat approva3 is suUject to tkie fallowing conditians,wl�ich shall be incozporated inta a subdivision agreement to be cansidered for approval at the�ime of submission of the request fax fxnal plat approva3. BE IT FURTHER RESOLVED,that the condi�ions set forth below a.re preliminary in'nattu�e, are subject to revision following finalizatic�n of tenns and canditions witl�the T3eveloper and the City,and are subj ect to�lie reeeipt of additional infonnation and calculations in order to allow the cor.npletion.of negatiatians by the Developer and the City of the tesms of the agreements and conditions describad herein: 1. The Developer shall obtain the following authorization and pez�tits and deliver copies to the City prior to release of the plat for recording: �. Permits fram the Minnesota Department of Natural Resources and the Minnesota Pollutioi�Control Agency for modification of the existing starm water pand and its outlet. b. Autho;rzzation from Dakata County to connect Johnny Cake Ridge Road to CSAH 45,ineluding constructiQn of left and right turn lanes within�.he CSAH 46 right- of-way. Z. Subj ect to tl�e condi.tians hereia�,Quar�y ponds Additaon may be conf gured to Y�ave seventy-six{76)lats,including the three potentiallots(ghost lots)that may ba created by subdividing O�tlot E as depicted on the pr�liminary plat, and fiva(5)outlots. 3. The first phase af development shall include the platting of Outlots A,B,and C;Outlot E or the tl�ree lots depicted as potential lats(ghost Iots)on the prelinti.nary plat;and only Lots 1-12,Block 1;Lots 1�13,Block 2;Lots 9-15,Block 3;and Lots 13-17,Block S,as depicted on the preliminaxy plat. 4. The seeoz�d p�ase of developrrxent may include Lots 13-16,Block 1;Lots 1-8,Block 3; Lots 1-1 I,Black 4;and Lots 1-12,Block 5,as depicted on the preliminary plat,subject ta the following: a. Prior to the release of the plat of the secand phase of Quarry Ponds fa�r recording, the De�reioper shall enter into a cost participatian agreernent with the City in a form acce�atable to the City Attorney allocating the cost of acquisition,design and consi�uction of any additianal ponding that may be required due to limited capacity of the City's storrn water utilities to serve the plaf and the development of adjacent properties{the"Ponding Agreement"). b. The Developer acknowledges and agrees that the�"on.ding Agreement may provide for additional ponding to be constructed an part ar all of the property lying southeast af Lot 1 l,Slock S, and tb.�easterly extension n£the south boundary line of Lot 11;Block 5,to the ea�t line of the preiiminary plat,which property is depicted on the preliminary plat as Lots 3-8,Block 5,and the cul-de-sac at the south end of[Str�et D].In that case,the final piat of the second phase of Quarry Ponds shall be adjusted to plat snch additionai ponding area as an outlot and to alter [Street A), [Street DJ,Qutiot C and the nutnber and location of lots in Blocks 3,4 and 5,a11 as mutually agreed by t�e City and tlie Developer in such Panding � Agreement and in an amendment to tLte subdiuision agreement. ' c. The Developer fi�rther acknowledges and agreas that the Panding Agreement may provide for txddi.tional ponding to be const�-ucted an part or all of Qutlot F. d. Additiona.I drainage and utility easements over fhe second phasa of the development shall be provided as identi�ed by the City Engineer. 2 5. Park dedication requirements aare based upon the City's finding that the subdivision will create 243 residents/occupants that v�nll generate a z�eed for 2:3 acres of parlcland in aecordance wi.th adopted City standard.s far park services. O.Q4 acres of park dedicafaan . shall be satisfied by dedication of Outlot C to the City for trail,drainage and utility purposes as provided herein. The balance of the parl�dedication requirement shall be satisfied by a cash-in-lieu of land contribution based on 226 acres of needed land area at a benchmark Iand va�ue of$J 50,004.00 per acre,whieh the City reasonably determines that it will.need tv expend ta acquire land elsewhere in order fo pxovide the necessary parlc services as a result of th�s subdivision. 6. The Develaper shall provide the necessary land area and storni water storage volume to accommodate the maximum feasible storage volume that can be derived from the City's existing 12.02 acre stoz�.n water pflnding prapexty plus the storm water storage valume necessary for the proposed developFnent area to meet discharge requirements and water quality sta�adards. 7. Upan recording of the plat,fi.he Develo�ex shall canvey Outlot C to the City by warranty deed,and the City shall corcvey its interest in the property depict�:d in the preliminary�Iat as"Outlot E-3 Potenfial Lots (Ghost Lots)"to the Developer by quit c�aim deed. Grading of Outlots A,B and C shall be com.pletecl to City specifications an�.City approval will be requ�red prior to tb.e issuauce of a certificate of occupancy for any lot in fihe final plafi. 8. The plat of the first phase af Quarry ponds(the"Plat")shall dedicate right of way for the following public streets: (i) 157t�' Street from the westerly boundary af the Plat to Pilat Knob Road,including the full width of the right-of-way for the eastbound and westbound lanes as required by Cifiy Code (tne"Extension of 157�' Street"),aud (ii)Johnn�Calce Ridge Road fram CSAH 4b to the Extension of 1 S7�`Stareet{the . "E�tension of Johnny Calce Ridge Road"). One hundred(100) feet ofright o£way width shall be�provided for 157th Street for a distance of three hur�dred(300)feet both east and west of JQhnny Cake Ridge Road. 9. Prior ta�lie release af the pla�of the firs�pnase af Quany Ponds for recording,the Develop�r shall enter into a cost pai�ticipation agreement,to incle�de letters of credit and assessment allocations,with filie City in a form acceptable to the City Attorney a.11ocating the cpst of design and conslructing the Extension of i 57th Street from Pilot Knob Rnad to the eastern boundary of the plat of Regatta and fhe e�ension of JoJazmy Cake Ridge Road from CSAH 46 to 157th�lxeet. 10. Pxior to tlie release of the plat of the first phase of Quany Ponds for recording,the Developer sha11 enter into a cost participation agreement,to ipelude letters of credit and assessment allocations,with the City in a farxn acceptable to the City Attorney allocating the cast of design and extension of water inain from the east side of'Pilot Knob Road at 157t�i Street to the development. 3 11. Frior to the release of�e plat of the first phase of Quarry Ponds for recordi�ig,the Developer sha11 enter into a cost participation agreement,to include letters of eredit and assessment allocations,with the City in a form acceptable to the City Attorney allocating the cost of design and extension of sanitary sewer from CSAH 46 to the development. 12. Prior to the reIease of fhe plat of the first phase of Quarry Fonds for recarding,the Developer shall enter into a cost participation agreement,to include letters of credit and assessment allocations,with the City in a form acceptable to the City Attozzaey all�cating the cast of design and reconfiguration of the existing pvnd. 13. Public streets shall be c:onstructed as follows: � a. Upon City approval of the final plat of the first phase of Quarry Ponds, Jahmly Cake Ridge Raad shali be construeted froxn and inc�uding its intersection witia [Street A] south ta County Road No.46. The Gity,the C)wner anc{#he Developer agree that if suitable as determined by the City Engineer, soil removed from Outlats A,B and C in connection r7vith�rading for ponding purposes may be used in the coustruction of Johruly Cake Ridge Road. b. Two years after the City approves the�'inal plat of the first phase of Qua,rry Ponds, iFthe�ai plat of the second phase of Quarry Ponds has nat been approved,then (i)Johnn.y Cake Ridge Road may be constructed from its intersection with [Street A] north to the Extension of 157°h Street,and(ii) 157�'Street may be cons�ructed from Johnny Cake Ridge Road east to Filot Knab Raad a,nci/or west to the plat of Regatta,in the City's discretion. : c. Upon City approval of the final plat af the second phase of Quarry Ponds,if not sooner constructed,Johnny Cake Ridge Road sha11 be eonstructed from its intersectian with [Street A]north to the Extension of 157�' Street,and 157�' Street shail be constructed frarn the plat of Regatta east to Pitot Knob Road. 14. Dedication on the final plat of a ten foot(14')wide drainage and utility easement along a1�public road xight-of ways. 15. Dedication o�,the i'u�1 plat of a five foot{5')wide drainage and utili#y easement along all coinman lot Iines. 16. Dedication on the final plat of a texi foot{10')wide drainage and atility easement along all lot Iines adjacent Lo Quarry Point Park. 17. Dedication an the final ptat of a ten foot(I0�wide clraina�e and utili#y easement atong ail lot lines adjacent to Outtot C. 18. Dedication on the final plat of draining and utility easements within the plat sufficient to erv s e a11 ua�i#s withzn the develo ment either as defined.or bl�nice e p , t asenrients. 4 19. �anstalla�ion of municipal sanitary sewer,water,storna sewer,and street improvements as necessary to sexve the plat,cons�vcted.in accardance with adapted City stanclards, including�the acquisi�ion of any necessazy easemexxts outside tl�e boundaxies o£tixe plat that are needed to instal]connections to said necessaiy improvements. Tbe Develaper shall enter into an agreement with the City for payizient of the design of sa.id naunicipal improvements. 20. Installation of left and right turn Ianes wiflun the CSAH 46 xight-of way, at fihe Johnny Calce Ridge Road intersection,in accordance with Dakota County standards. 21. Installation of pedestrian inaprovements in accardance with the City's adopted Trail and �idewalk Policies,ta consist of five-foot{5')wide concrete sidewalks aiang both sides of all local streets and/or eight-foot(S'�wide along bituminous pathways a�ong both sides of.lohnny Cake Ridge Road and 157�' Street West. 22. An eight fnot{8'}wide bituminous pathway shall be constructed within Outlot D and within Quarry Point Park fo caz�nect the sidewalk along the east side of Street D to the existing most westerly pathway in Quariy Point Park,to be reviewed and approved by t17e City Engineer, The Developez sha11 convey Outlot D to the City by warranty deed upon approval of the tra.il by the City. 2�. Sub�nission of a final grading plan and lot elevations with erosion eantrol proeeduxes, to be reviewed and approved by the City Engineer. The applicant shall also subrnit a copy of the General Stflxm Water Pez7nit approval from the Minnesota Poll�ztion Control Agency pursuant to Minnesota Ru1es 7100.1000-7100.11 Q4.regarding the State NPDES Permit prior to cammencement of grading activity. 24. Insiallation of Ciiy street trees on boulevard areas of public street right-of ways,in accordance witii species,size,aud spacing standards esta.blished in the Apple Valiey Streetscape Management Plan. 2S. Dedication of one foot(1')wide easements which restrict direct driveway access from alllots to 3ohnny Cake Ridge Road and l 5?�'Street West. 26. Dedication o1'sceiucJcox�servation easements over the rear yard area of lots abutting CSAH 46 to preclude removal of existin�earth berms and landscaping installed adjacent to the roadway. 27. Installation of a public street lighting system,constructed to City and Dakota Eiectric Cnmpany standards. 28. Cozistruction shall be Iimited to the hours of 6:00 a.m.to 10:00 p.m. Monday through Friday. 5 29. Earthmoving activities shail be limited to tl�e hours 6:3fl a..m,to 5:30 p.m.Monday �hrough Friday 30. The City receives a liold harmless agreement in favor oPt�.e City as drafted by the City Attarney and incorporated into the subdivision agreement, ADOPTED th.is 9th day of January,2014. �"�° � M H and,Mayor ATTEST; _�9r r r uc�Q.- ' ' �2C��;� Pftmela J. Gac iettt;�,Ci�y Clerk 6 �Ii � , � i � '� , I 4 1 1 f i ,�� i 157TH STREET �� i �� +'bra� aegse's � � .11 � os.t A 64A1 $a�'8f"8 NB�a'E � !Tt-' � � K-¢ �I [ � � 5 ' ; x 1¢A tBi3 � �uCO�C y�=5�� 157TFI ST.ai � i � �� -- - -- serancic�a+e -- ��ay,�vg��' zst2� E � � 11 - � . _ _ �ors 3 toTe � . . . . qlq s6.T .,, . � �lAT2 °� 10T3 °e 10T4 ��.,'� 8.0189F y i].�918F � � LoT� �9.1879F �e.fiSSSF e.�s:.F � � LEGAIOESCRIPFION: � � -- $ li.2233F . �^ ' I .a+p . . y � ayn y�gp� . � � � � OUiL4T D,REGENPS POIM,DAKOTA COUNT/, � wT� s \ I �b� MINNES07A(PLATNOTYETR£CORDEO) . . . � �apso sv � ma '� �', . . � LOT] ! �a �o '� �`` t6A853F I . , SITEAF2EA � iw.o p S,i,REE1, A 1 I � � 457,778 SF � � � - - ------�_ 1 D.5 AC. � � �orz � � . . � . . t e,9m8F ffi E �a ,�._ �.o � —�¢� ,aa I ffiaao � r . I- � � __—s u�E $ acc �� SETBACKS � am° �ars I � � r FRDNT-30FEET �- 'F°•� s.iaasv f g ! 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J W ' _ \ ;2 �`�-^ 4�506R A g�88F W LOT19 1 � � � �arao I �,' �� '�,. ✓a _l� � 93&B6F tlbS45F I R b�d' � MD UN4 f �� pi LOT6 � �J /1.866� ` �9\` � ` �� M! /�.I ( L . � . � ��_ S ": � a ., � w � �—�8 +�, i � ton` � °A ru � ��- � . � � „p6, � e.�as sF `- '°° �ae ~"8�. � .1]J . � aa � � 3 P D E% �s 9.798 6F `~" 8 C� � � b1.f �t PaBf.➢�0.2Y PL4T . � 10T9 $ L6�to � ' I � / a PR84➢@LtBSmwmoPl.w 8.616SF B.t006F L0�11 LOTt3 `� � / � 1 S]A@IC Y L1TIDll98 n,�• . . � � 9.100SF ' 8.l%sf � L0�1S - �l � l,� � lT,W1SF �„/` I •e�'g m° � e�` j . � I � � � � a � _ `1 �u6 � � s�aoe +�, `� � . � � 1�lE'40$ / / . . . �A40 PoR . . . . yy� 1�Qa£ �"-�bD°u'"�' ARCON FJ1ND II,fic. �_ PRELIMINARY PLAT � flJWNERS md WJD SURVEYORS ;r-Y � �NG1NE�81NG "�;�e�a��`w�.�.,. � ,.��H�R�oa�,�,�n�,� �-- COMRB��, INC. 6tlRN5"°E.""'� ' QUARRY PONDS YPEST 4 � 1000 E ST 14art srt�f,9Lea18vlfF��upp�p 55y)PH(YSR)4R-]000 °��- APPLE VAl1EY. MINNE307A EXHIBIT F CITY OI�AF�PLE V.A.LLEY RESOLU"I'ION NO.2014�-95 �'.RELI1vIINARY PLAT APPROVAL . QUA,RF.Y PO1��DS WEST AI}DITION 'W�-�EREAS,pursuant to 11�izxnesota Statutes 462.358,the City of Apple Vatley ado�t.�d,as Cha�ter 153 �f th�City Cade,reg�zlatio3a.s to cantrol the sui�division of Iand with�n its borde�; �1d "V'V�3.E.RE�S,pursuant to Clzapter I 53 of ikae City Cade,til]�CI��.PI2331"�l�'I�Cfl171.II115SlOY��IC� a public heari�zg an a��apiication for subdivisioil of Ia��d by plat on May 7,201 q�,aa�,d WH��E,AS,the City Plarinin�;�ommission t•er�i.�we�the prelimina�y plat�or uonfi�nr�ance wzth the staudards o�Chapter 153 af the City Code�nd rnad�a xecom�mendation rega.rdir�g its appraval.an May 21,2014,subject to candit�ons. N�JW,T�FREFORE,BB TT RESOLV�D by the City Cauncil ofthe City of A�pl�Valley, Dakota County,Mi�.nesata,that the preliminary p�at fr�r the following described.plat o�land is �ereby aPpro�ved far a two-year periad,to wzt: QUA.R.RY PONDS�WEST'ADI3IT�0'N SE 1fi I�U�TH�R R.�SQ�,VED�hat saici prelin�i.z�.ary�lat approval is sub,�ect to tha rezon��g of tk�e prope�.y,wl�ich n�ust be eom.pleted prior ta finai plat appraval, �3�.ZT�^'�RTI�R R�,SOLVED�a.at saic3 prelin�in�y pIat approv�is sut��ec.��o il�.e recordirzg o#the finai plat of Regent's Pain�,c�hich�nust be corripiet�d��•ior t�tlae�"mal p��t approval of t1�.e Qua��y Por�ds W�st Addi�ion. . BE�T FIJRT�TER R.ES4LVEU tha�t said prelitzzinary plat a��oval is subject to i:}�e r�tnoval of tl�e"Unnan�ad T��ibuta�y to the I�lorllienz Bra��ch of ti�e Venniliion Ri.v�r"from t-he Mznnesata ],�epartment c�f Natural Resou�ees�,�blic Waters Inventory Map,wk�.ich must be eor.x�pleied prior tc� final plat approval. B��T�'URTI�ER RESOLV��pursua.nt to Chapter 153 of the City Code,tl�at sa�d preli�ni�arY plat app�ova�is sub�ect to the fflllawing cnnditions,wh,icl�s1�al�be incarporated�to a s�tbcliv�sian agreement to be consiciered fnr ap�rc�v�.I at the tin:�e of��ub�zissifln ofthe rec�uest for f�nai plat approv�l: 1. T�ae pla.t shall be confi�ured to h�ve�irty-tZaree(33)Iot�a��d zero oullofs. 2. 'T"he first phas�of devel.opment shalI i�clud.e�.e�'i�nal plattin�of Lots�-13,$lock 3 and Lots IS�2U,BlocIc 2 anly as depicted nn the preIiix��yary p�at. 'I�e rez�aining lo•ts id�i�tified in the�relinli��.ary plat s11all�be final�latted as an outic�f txaxtil such tinle that a con.Pract has been awatded�'or coz�structi�n of 157ti� Stre�t West from Pilat�n�b Roa� to just east o£Fi��ch Avenue,and for 3'olv.zt�y C;ake Ridge Road froin S�r�et B to 1571� S�eet�1est. 3. Storrri water pa�d requu�emcnts for tlus develap�nent shall be satzs�'�ed by th�de�la'catiata of Outlots A az�d B,Regent's Poi�at,vvhzch is the lai�d the City reasonably detez�rnin�s thaL it�v�I1 need in oxder to provide fhe nacessary storm water mAS}age��t as a result 0��13.5 3Ll�C�I�S10ri. 4. Tkze de�reloper shall obt�in t1�e followi�zg authorization�.nd permits anrl deliver co�ies fo#�e City�rior to release of the�x�a1 plat for recoxding: a. Pez��n'rts fro��l�e Mi��.�sota Depa��.nient of Natural Resources au��e Mi.�i�.esota Pollutiaz�Cantrol Agency for ra�orlificafaon of sCorn,�pond W VR�P443. b. Autl�orizati.on fxanl Dakota Ct�u�ty to connect John��y Ca��.e P.idge Ito�d#:o CSl�H 46,111C�1'iCItY3b COY18�t'UC�10?1 0�1��iU]��2g1'1��L1IJ.�IAtI�S Wl$Y11111��G CSA.H Q�6 Ilg�lt-D� ��V��. S. Fzn.at plat approval shali�ae co�aki.ngent upon t��e�wa.t�l.iug af�he Rege�lt's Poz�.t Additaat�z street a�td utility improvemex�ts projECt idei�tified ixa tl;e City's Public Improve�nent�'�ojeci No.201.3,149 and 2Q14-I33. 6. �'ublic streets shai�be caz�st�ucted as�'o�lows: �. U�c�ti City approv�.l of the�i�ai plat of tlle�"irst plaase o�'Quarxy Ponds'West, Johnny Cake�idge Raacl shall be car;struct�d�ozn and incIud`u�$xts intersection - � with [Street B� sou.��to Cotu�ty Road hTO. 45. �. Upan City a��proval of tl�e �inal�lat nf tl��secot�.d�hase of C�uanry Pnnds Wes�,if not soone�•eonstructed, Jol7nrfy C�l�e R.€dge Roa� shall be ca��stz�ucted frox�its intersectioi�with.jSt�eet t-�j nor�h to the�x�tei3sion of 157�z Strect, and 15'7th Street sha1l be coz�slructed froin tk�e plat of It�gatta east to PiIo�Kra�b Roaa, 7. A public aecess ttur�around sb.a11 be cor�iructed to�ity stanc�ards�rithiu�a cledicated tc��lp�rary eas�nr�ent just nartlx of Lot 4,Biock 1 a�ac�Lof 15,Block 2. 8• Pa�k dec�icai:i.an requirernerYts are basecl.upon th�City's finding that the subdivisian wiIl create 10G residentsloccupants t,�at will ge3a.erate a need for �,01 acres o�'parlcla:ad in accardance with ado��ted City sta�adards�or park services. 'C"l�is�ec�tured declica�.o� s1�a11 be sa�is�ed by cask-in�lieu of land contrib�iio�a based on I,a1 acres ofneeded land area at a ber�chnzaxk Iand vaiue af$�50,000 per acre,whicl7 tl-te City reasonably determines tha�,it��iil necd to expend to acquire laz�d elsewhere�x order ta�rovid�the �ecessaxy paric sez�via��s a result of this s�ubdivasion. 9. Dedicatifl�l on tlae final plat of a te��-foot(10�vtride dr��aa��and utility eas�ment aloz�zg the entiz•e peri�x�etex of Iots wit:l�;iii ti�e pla,t cvh�rever abuiti��g public road rigl�t-of-ways. 2 10. Dec�ica�ion o�k the�.nal plat of a five-foot(5')�vride dz�ainage and utility easeme��t a1a��g all co�z�on lot lin�s. 11, Dedicatzon o�a1.1 athez��se��ents t�e City deems neaessaty far inst�lation.of pubtzc infrastruct�ze ta sezve tl�e�lat. 12. Iir�st�lla�ioza of municipal,sanitax}�sewex,water,storm sewer,and s�tre�t�n�pro��xne�ts as neaessary to serv�the pIat,canslxt�cted in accord�.nce witli aclopted City standa�ds, an.cluding the acquisi�io� of any nacessa�y easemen�s ou1;side the bot,�id�.ries of tlae plat �vhxch are r�ee�ed to ins�ai!connections ta said iyecessary i��rovements, The Developer s�ll ei�ter into an agreemeni��vith the City far payment of#11�e d�sign.of saxd munici�al i�lz�rovements. _ 13. In.stallatzon of 1e�t and rig�.t tu�n lanes�ithin the CSAH' 4G right-of way, a�.the Johnny Cake R.idge]�.aa.d it�.tersectaon,in accordance wit��Dakota Cot�x�.ty standar�s. �4. Znstallatxo�l afpedestria�� im.prov�mezzts irz accnz•�a�ace with ti�e City's adopted�'rail aa�d Sid�;wa,tk PoliciES, to cansist of fi�e-fo�t(S`}wicle eoa�cxete s�dewa].�s a1c��.�Streets"A" and"B'°; and eight�-foot(�'}wide bitu�uu�.ous pathways along Johuny Cake Ridge Road �11C� �S�lii�f�'��ESt. �5. Subn�ssion of a final.�radin�plan and Iot�levations witl�erosion cesntral p�oeed.ures, to be r�view�d and a�raved by the City Eilgineer. If t�ie szte is o�e(1)t�r more a�res , in size tIae applzcant shal.�.also submit a c�py of tk�e of the Genez°at Star��t�Va1:ex Pen�nii ap�arpval fr4i�t}�e Mi�.n�sc�t�Po31u1aa��Cont��o3 Agency�urs�ant to Minnesota Ru�es 710Q.1�00 -7100.1100,regarding�tlie State NP�ES Permit priar to conaxnencerax�nt of gradz��g act�vity. 16. Iz�stallatiorz of City street trees oia boulev�rd areas c��'public sireet i�zg�.t-of ways,in accr�rdanee w�th speaies,s�ze,a�d spacing siar�dards estab�.shed i��the Apple Vailey Streetscap�Managez�leiat Plara. 17. 17adieation t�f on.e-faot(1')vvid.e easemenis,��l�icly wi�l z�estrict dir�ct driveway access ta Jc�l�t�y Cake.Ridge�toad a�d 157t�a S�reet West. I 8. Install�tioi�of a��.blic street li=�tin s ste�n far the subd' i ' . � 8 Y x�v sxon. Tlae iayout of s�d lig�ating system sha.tl be 4n aec-0rda�ce witk�Dak�ta E�ectrie Associa�aoa�standards and shall be apprc�ved by tlx�Cit En 'neer. Y � 19. Coi�struetion sl�all be l'znut�d to the hours of 6:Q0 a.m.to 10:40 p.r�.Mox�day thrau�l� �'i-iday. 20. Ea��tl�nov�xag actavities sh.all i�E limited to tt�e hours 6:30 a.nl.to 53� ,�z�. �onda through�riday. l� Y 3 2I. `I'he Ci.ty receives a ho�d haa�.r�Iess agreer�enf�ir�#�avor�f th�City as drafted by tlje City . Attazxacy a�.�t�incor�arated into t�xa subdivisivn�agreeR�:ent,. � .�4IJQ�T'�D tlzis 26�tt2 day of Jrxne,2014. . _z�!�'�.�y '��1�'��i. Tom Ga�d.wi�z,Ac�tii�g�ayor A,TTEST: � � V�,�� Pame�a J'.Gac e�ter,Gi�ty Cler� . .. 4 CITY OF APPLE VALLEY RESOLUTION NO. 2014- FINAL PLAT AND SUBDIVISION AGREEMENT APPROVAL REGENT'S POINT WHEREAS,pursuant to Minnesota Statutes 462.358,the City of Apple Valley adopted, as Appendix B of the City Code,regulations to control the subdivtsic�n''of land within its borders; and WHEREAS,pursuant to Appendix B of the City�ad�,''t1��ity Planning Commission held a �public hearing on an application for�subdivision of las�d by�plat o��e 19 and July 17, 2014; and WHEREAS,the City Planning Commissi�m found the preliminary��lat to be in conforma:nce with the standards of Appendix B of the Crty Ce�fe��and made a recommen��on as to its approval � on July 17,2013,which was subsequently approve�b}�rthe Cit,��ouncil on T�r�9,2014; and ;�. WHEREAS,pursuant to Appen�ix$of the City��°ia subdivision agreement between the applicant and the City detailing the instal�at�a�.�€�f the require��provements in the subdivision and � � the method of payment therefar has been,prepa�� NOW, THEREFQ�j�B��T RESOLVED by�h�C��y Counci�of the City of Apple Valley, Dakota County,Mi�e�ta,that t�i��ubdivisia�2`'ag�e�inent ari'd.�al plat for the following described plat of land'at-��ereby app�bved and t��ayor and City Clerk are authorized to sign the same,to wit: .�. �,; ;P� REGE�`�''� Pt�INT BE�'�FURTHER RE�OLVED,pt�t�suant to Appendix B of the City Code,that said plat shall be filed v��t�i the Dakota�pi�nty Re��der within sixty(60) days of the certified release from the City offices°��such approva�sT�a11 be nu11 and void. � � ADOPTED this 1�th day ofJuly,2014. k h4. Mary Hamann-Roland,Mayor ATTEST: Pamela J. Gackstetter, City Clerk ' CERTIFICATE As Apple Valley City Clerk, I hereby certify that the foregoing 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 2 �,:� � �, DEVELOPMENT AGR��I'�k�1T �`�' '�' ��r, �� e �_ Bet�een� � � ARCON LAND�,II,LLC � K.HOVNAN�AN HOMES OF�I�NNESO{I'A AT RE+�EN�'S POINT,L�.�. � � x�, ��rs � � . �e �td ,� � +�ITY OF APF�E VALLEY �_. � � � � � � For �i Sti» :t' REGENT'S POINT �� WHEREAS; the City of Apple Valley, Dakota County, Minnesota (the "City"), has been requested by Arcon Land II, LLC, a Minnesota limited liability company ("Ar�t�n''), and K. �A, Hovnanian Homes of Minnesota at Regent's Point, LLC, a Minnesota limited=��i�i�.y comp�ny ("Hovnanian") to approve for recording the following described subdivisian s��r�and: � � The Plat of Regent's Point(the "Subdivision"); and �. � WHEREAS, Arcon intends to acquire and grade the ��bdivision��'��, forty one (41�`;�.� 4 residential lots and four(4) outlots; and WHEREAS, pursuant to City Ordinances, the ��nning �c�mmission h��l public � � �� hearings with reference to the application for preliminary�appra��l of th�;,subdi�i�t�ns on��une� � 19 and July 17, 2013; and ��°` �.. � ��, .. WHEREAS, the Planning Commissianv�`ecomine�tded its a��rc��aJ on Jul�;p17, 2013; and ;;; kI,.,, WHEREAS, the City Council approved'the preliminat-y,sub��v,ision �ia �a�tiary 9, 2014; and �, � a � � � � WHEREAS, Hovnanian intends �o acquire and cte��lop the �rsidenti�l lots and outlot C of the Subdivision. � NOW, TH�EFOR�� i� consideration �£. �k�e mutual agre�ments of the parties it is ��,� hereby agreed by and b�tween the parties as follows . 1. ��P'l�t. Subje��.,to the ternis and conditions of this Agreement, the City hereby � approves for'�ecordi�g the plat�nown as Reg�;��se�Point, as shown and noted on Exhibit "A" P. atta�l�ed �i:ereto (the "Pt�t"). Arcon.and Hovn�ian are required and agree to comply with and �,.� satisf�,xthe corid�tions se��orth in t�ie, City Resolution for Preliminary Plat Approval dated � Jaii�uary�,�2014 att��hed her�to as Exhibit.:"B': � � � � s�. � � � �� .: �� Grading ,::Arco�i'�has requested, and the City has agreed, that Arcon shall grade � � �e Subdivs�ion (th�4`Cara��g"), including construction of an embanlcinent far the extension of � Johnny Cake�dge Road�through the pond referenced as WVR-P443 in the�City's Surface Water � Manag�ment Pla�..�(the "Pond") and reconfiguration of the Pond, but excluding�Grading of the � portion ��157�' Str�t lying east of the easterly boundary line of Outlot C, in accordance with and under fihe following conditions: A. Grading Plans and Standards. Arcon shall perform the Grading in accordance with the Grading Plans prepared by Probe Engineering Company, Inc. dated May 7, 2014, and in accordance with City and Minnesota Department of � Transportation standards and requirements for construction of public�r�ts. � � � B. Natural Resources Management Plan. Arcon agrees t��with al1 . hC,;,� �a5 , requirements of the Natural Resources Management Regulat�ans as set foi=th in � � Chapter 152 of the Apple Valley City Code. Arcon further agrees to submit to��e � � City for its approval, a Natural Resources Management Plan pr�o�to an. Grading � Arcon shall implement City approved erosion contro��nea�ures pn�r to��iid � throughout the Grading of the Subdivision,�d comply vvz�h a11��ns an� ..�. �� conditions of the approved Plan. , , �. C. Ponding,Drainage and Utility Easeriient. P��r to th��mence�raent of Grading, Arcon shall obtain ar�t�c��iver`#�r�he Ci��'iP+�n�i�g, Dr�ii�age and k Utility Easement over 0utlots A`2�B in the fo�i-tn,,atta�hed heret�i as E�hibit "C" (the "Pond Easement"� The City may��cord the �asemeri�at Arcon's sole cost �I ' � � � ,� and expense: ' D. Lice�se. The Crty��eretry,grants Arcon,and a��contractors approved in � wnting yby th��ty, a non-transfera�le license to en�er the City-owned portions of �� Outlot A and Outlot��3.�or the purp�a�of Grading as provided in this Agreement. E. Ponc�,_Capacity �rcon acT�iowledg��that the Pond is an integral part of �x r 5 >>��i�e�ity's storn�watex manag�ment asystem. At all times, Arcon shall maint�in the tt capacity of the Porr�l at not less than b6 acre-feet, including the portion of the �_:k,; � �Pond located on Cit��and and the portion of the pond located within the Pond p� �� ..�� Ea�e�nent . mi � � F �Maint�nan��a�f P�md Ontlet. Azcon shall maintain the Pond ontlet at_a11 - ., � � � , . '�: ==- �mes to prevent#1��iding. G ;Lia�Flity for Flooding. Arcon shall indemnify and hold the City harmless ��from any aric��all claims related to flooding arising from the breach of this �R� �g�eement by Arcon or any of its contractors or arising from the work under this � Agr��ment, and Arcon shall reimburse the�City for its attorneys' fees and costs of � � � � � defens�'�against such claims.Notwithstanding the foregoing, Arcon shall not be liable for such claims arising from any act of God or arising from any incident occurring after the City Engineer has accepted all of the work under this Agreement. � � � H. Time for Completion. Arcon shall complete the Grading��p��ided in � �..n this Agreement in accordance with the following schedule i. Grading for the extension of 157�' Str��t ee from the wes��r�y boundary of Outlot D to the easterly b��ndary of ��utlot ��:shall be=�� completed by July 28, 2014. °� � �ry, ii. Grading for ponding on Outl�t� and O��ot B �hall be ��npleted � by August 8, 2014. iii. Grading of the embankinent`��r th� extensic�� ':Tohn�y 4.CaT�e Ridge Road through th�e�?oric�(th� ";Em��ir��rzen�") shall be completed as 4 fOIlOWS: � � a. The En?�ankment shall:.b� completed to ��ation 9Z2 by July 28, � � �� 2014; ` ' b :A The Embaiikmen�t shall be coinpleted fc�=elevation 929 within five n:days ��r�nstallatio�i of san�tar�p sewer; and; � �A c e '�'he'�m.bankment sha��e completed to final grade by August 8, � �. 201�.;: � < � �.�. ��. �'i�ading for �fie extension of Johnny Cake Ridge Road from � ��akota Cc��nty State Aid Hig�iway No. 46 ("CSAH 46") to the extension�� j _ �;.�. of �57�' Street (excluding the Embankment) shall be completed by e`r= ._ July�8, 2014 � ,��.r b. xz�: � � � �� ; � �radi�ig�of�all other portions of the Subdivision shall be completed . � � � .� � � � b�:�u��;��,��2014. � I �As-B�ilt Surveys; Inspection and Approval. Upon completion of each =,stage of�racling under this Agreement, Arcon shall submit an as-built certificate � a�Tsurvey to the City to verify that the as-built grades and elevations and all other worl�:wrequired under this Agreement are consistent with the approved plans and � �� any airi�ndments thereto as approved by the City Engineer, and the City Engineer shall then inspect the Grading within two business days following receipt of the survey and notify Arcon of any Grading that does not conform to the requirements under this Agreement. J. � Time of the Essence. Time is of the essence of this Agr�e�nent:Arcon �k�. acknowledges that the City may award on�or more contrac��`o�the construction � of municipal improvements including, without limitation,�15'�th Street and Jo�y � � Cake Ridge Road,to facilitate Arcon's development of the Suli't��ision x�reliance:��, upon Arcon's agreement to complete Grading in acco�dan�e with tl��sc�edule set forth in Paragraph 2H. Arcon acknowled�e��at any delay m Gr��ding�ma��result � � in significant claims by contractors against the Ci��and q�Ar��n agr�;�:s�to � indemnify and hold the City harmless from�ai��and a�i:such cl��resul�ir�g�. �' directly or indirectly from acti��t��s with�i�the c��tra�+��con �'a�to reimburse � the City for its attorneys' fees anc��costs of de�e�se agamst suc��laim�.� � K. Remedies for�3efault. Notwithstanding an�prov��ion in tliis Agreement � � � to the contrary, in the e��hat Arcon faits�o compty'�vith arr�term, condition or requirement;under this A�reeinent related to Grading,�e City may exercise one or mci�e of tli��i�lowing rer�i�dies {; i °�'he°�it� may c��e�.�con and Hovnanian to stop all work under this��greement�unt�l autharization%��a proceed is given by the City. Arcon � � �� , and Ho�anian agree tc��hold the City harmless from any damages, causes �� : � .. � s � � 4f action,��r�claims relat�tl t;c�the Grading being stopped by the City. b� � ii. The �t.y may efiter the Subdivision and� cure any default upon �`"� . reasonable notice:�o Arcon and�Hovnanian, or without prior notice in case � =:�of em��geney�1Any<<cost incurred by the City to cure the default shall be tk��inanc�'�'�obligation of Arcon, and shall be paid to the City within ten �:�_°-�" � e a��10� days of receipt of an invoice for such costs. �: � iii. �� The City may bring an action against Arcon to �assert any and a11 claims in law or in equity for actual damages, consequential damages or ��,, injunctive relief. � ivr``= Any unrecovered cost incurred by the City to cure a default may be � � assessed against the lots and outlots in the Subdivision. L. Insurance. � i. � � General Requirements: Arcon shall not commence wor��nder this Agreement until it has obtained all insurance required u�c�er this Section � and shall have filed the certificate of insurance or the�tified cop�tof the � ,..,� � , .��.. �� insurance policy with the City, and Arcon shall m��tain such insuTa��e � until�the date six (6) months after the Cityhas acceptec��he total, Grading`�a � � of the Subdivision. Arcon sha11 not allow any subc�ntractor�c��ommence .: Fe work on its subcontract until all insuz�ance requ��d forPthe su��tractor �� has been obtained. Each insurance polic�`�hall con�ain a cl�,use�ro�iding that it shall not be cancel�d by the insuran��,compa�:� �ithout t��.(10) N days written notice to ��i�,�City`��`�Yent„�c�:�a.�cel eArco� shall notify its insurance company in wntiiig that the i#�surarice comp�ny mu'st notify the City if it caneels Arcon's msurance. Arci�i� shall,provide'`�a copy of this , �; . � written notice ta ��he.,City. Each ��.s,urance pcilicy sTiall contain a clause naming the City as an additionally insu�-�d party under the policy. ,k � �ertificates `o� institrance shall be�`p�ubmitted on Standard Form �,I,.C.�.-70�1,'�r ACORD �� '�ms and shall specifically note the clause providing for 1(��ays wntfen nott�e to the City of intent to cancel. The � � � ..� certific�t�es of insurati�E_shall also specifically note the clause naming the � � �� "�ity as a�„additionally��nsured party under the policy. The following ;;v miziimum co�erage shall�apply: � � =� �� '� a. War�er's compensation insurance and employer's liability tnsurarice as required by law. � �� b. �� Comprehensive general and automobile liability insurance, � �� including coverage for non-owned and hired vehicles, in limits as � � � � follows: � � ,s General Liability Bodily Injury $500,000 each person � � � $1,000,000 each oc�u�re�;�e Property Damage $200,000 ea�l��rrence � OR � �� ; Combined Single Limit $2,000,�(�0 a�more � ��:. Automobile Liability - =�= � '�. Bodily Injury :R�250,0`OQ,each p�.rs� �.: ��QO,OQ(�..�ach occui�ence Property Damage,. ��$�OO,�Q each oc��rrence ��: � � �;�R `' � � ��. � Combmed Si�gle Limit b.�$2,000,0��?,or more ; �:., In additiori.-to all listed cov'�a�esr, Arcon shall procure and ;; maintain an Lk�iibrel`la��_�xcess liability policy in a minimum limit �f$I-��00,000 �:;z : � ee.,. , , .n, ii. ��;;�Vlinimum �n�urance Requirements: Losses� other than those � � �,ocovered ;I�� insurance s��11 �� the sole responsibility of Arcon, except as � ��?ressly provided otl�crcvise in this Agreement. The insurance � requr�ements �., set forth herein sha11 be considered to be minimum � requi��`�ents onl�r��Any other insurance that may be necessary to provide �� . � „ � �. �� :, ��iequ�t� cc��e�age mt�st be provided by Arcon at its sole cost and expense. � .� _ � � a� iii. Con`tractual Liability: To the fullest extent permitted by� law, � �:��rcciz� shall indemnify and hold harmless the City and 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 the performance of Grading provided that any such claim, damage, loss or � � ��expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itsel fl including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of Arcon, any subcontractor, anyone directly or indirectly employed by any of them c�r xanyone for � whose acts any of them may be liable, regardless of w��fhe�`��r not it is � caused in part by a party indemnified hereunder. Su�h:obligation�h�all not � be construed to negate, abridge or otherwise rec�nce any other ng�t ,�r � � obligation of indemnity which woulc� other��se e�st �s to an�,LL,�arty or `��, . �. � �,, person described in this Section under this Agree�ent ar otherv�ise. 3. Municipal Improvements. Arcon and H�a��anian ha�e,�eq��ted, ant�.the City � �� has agreed, to design and install the utility services: wa�er, sanit��sewer;}�d stor�water sewer system; sidewalks and streets necessary to servi�e ,the Su�idivisior�°as identi��in the Pro�ect Construction Plans for: Apple Valley Pro�ect��13-��9��lan se�t��f�ct��y 22,`�2(?14 and project specifications dated May 8, 2014 (Regent's Poi�t, Utilities a�d Street on fil�;�n th� Office of the � ..��. � City Clerk. Project 2013-149 shall be xeferred to hefei�as the "1Vti��icip��mprovements." � � . ,�� The City has formed an opiman„t1�at the Subdivisi�n necessit�tes the�r�istallation of traffic signals at (i) Johnny Cake,;Road and 1�57� S:treet and (ii) Ja$nny �ake Ridge Road and 160tn Street, subject to appxoval �d �onsent of Dakot� County ("Couri��}. If warranted, the design and installation will b�;perfo�ned»by the Cr�,pur�uan.t to Apple Valley Project No. 2015-102 (Traffic Signal at 157th Sfreet) and by fhe Courity or City�ursuant to Apple Valley Project No. �� >�� 2015-101 ('�r�f�i� St�na1 at 1�4�' Street). 'I'�te above anticipated City projects shall be referred to � ��. hereua as "Ari�icipated�'Iunicipa�;I�nprovements" = ` r��., � .,. . :., � � � Ai�c��,rand Hovna�ian reqt�est that the'� cost of the Municipal Improvements and the � �ntici��ted Mur�ci�al Im�ar�vements�e levied as assessments against the Subdivision and two exis#ing parcels locat�d north of e k�ie�proposed alignment of 157th Street consisting of PID # 0103�{?Q7501U9�d PIII �#e;,010��{��752011 to��the extent set forth on the exhibits to this Contract. � �rcon a�cl_,Hovn�,nxan he�eby waive all notice and heaxing requirements relating to any � as�ssment l��ed hereuncter. Arcon and Hovnanian do hereby waive all rights, including thos� ,; con��ed in 1Vlx�nesota Statute §429.081, to contest or appeal the levying of assessments associat��with Prci�cts 2013-149; 2015-101 and 2015-102. � � �� Th��actual ass�ssment per lot/area shall be determined upon completion of the Municipal � Improvements based upon the actual cost including standard and uniformly applied City overhead charges. The waiver herein applies to the final total and allocated assessments as determined by the City. The City agrees to spread the assessments, against all lots within the Subdivision (excluding Outlot A and Outlot B), over a period of five (5) years for��ie��sidential lots and outlots �and for a period of ten (10) years for land beyond the�K��u��kary of the � Subdivision, with interest at a rate determined in accordance with City polic� o;�: �� Upon completion of the Municipal Improvements, and following�ac��tance by the City� � the Municipal Improvements shall be maintained as follows: � A. The City shall only be responsible for mainte�aiice�f sanitary��ese'wer lines ._,�, � located within public streets �and ��ity aeaseme�s c��d��ated fo �he City �. which were installed as part of t��°1Vlumctpal Impro�ement�* �!Iainte�iance of service and lateral lines, instalTed .outside of the put�Iic street� arid easements dedicated �o� e�he ��it�g��,shaf� be xthe respo�sibility of the individual property owner�rn;property c��ner's �sociaticin � � .,.. ' � �� ,: B. � The City shal��ly be respon�tb�e for ma�r��enance�of water lines located � � within public "stre��s and utility ea5ements c��dicatet�-to the City which � were;:installed as��part of the Municig�l��Impra�ements. Maintenance of - ;,servic�s,:�hut offs and lateral li�nes, install��l outside of the public streets �i�l easemei�t,s.��dedicat�cl �cz tli��City, shall be the �responsibility of the mdYvidual propert�>>owner c�r�property owner's association. � � The Cit� sha11 only be res�onsible for maintenance of the storm sewer ep'��stem located withm pul�l�c�streets and utility easements dedicated to the � y_. � � �� - � Ci�� Mainte�,anee of catch basins and leads to manholes outside of the publlt��E streets �id easements dedicated to the City shall be the �� :.;�espons�bilit� of �the individual property �owner or property owner's .; , ._; �', , asS�ciah�t�,nP`�� 4. ,�� Muni�ipal�mnrovement: Construction Cost Participation '�. Johnny Cake Ridge Road. The Subdivision requires the construction of � Johnny Cake Ridge Road ("JCRR"), a designated community collector street. � JCRI�`�s required to handle a capacity greater than that necessary to solely service the Subdivision, and therefore will be constructed to a width wider than a standard residential street. In conjunction with the construction of JCRR under Public Improvement Project 2013-149, the City shall be responsible for 56.1% of the total project cost (excluding Grading) of the street improvement up tc��aximum � of $154,583.46 and remaining balance shall be the responsibiltty`�£fArcon and � � Hovnanian and paid by means of assessment to the exten� a.�ocated to"�each of Arcon and Hovnanian as set forth on the e�ibits to this Contract. Arcoii;and � � Hovnanian acknowledge that the anticipated develapt�ent for�fi��ema�nd,er of the_�x_„ plat will require the future extension of JCRR for whLC�;°�he devel�pniierit will be kk" . + . `�.", ;� responsible. It is anticipated that the C� �?vill cont�bute�.�� the ct��,q of the� � kC�_ extension, but it is not expected that �� City'�� ontribu��on level �uill ��eed $230,737.00. ;n�, � The City will provide"�.a-�'re�lit �a the �ssessrn��t,,¢amount certified for collection against the parcels in _the Subdi�ision for the ;e�aii�ion of the embankment and associated dewatenng necessary�� accc��nmodate the size of the � road in excess of the res'ic�ential street wid�h�crossing e�e e�`�fYng footprint of the pond refere�c�d as WVI� P4�3;in the City's��urfac� Water Management Plan. � � � � The�qtal ami�unt�f the cre�it is $��5�,7.00. � �B. �c►unty`Ro�1,�46/160�'Str��. The Subdivision requires the connection of JCRR with County` Road 4�1�60�' Sf�eet. In order to accommodate the � �cc�n�e�tion, le�t �nd right turn,l.�nes are required to be installed within the County � � right o�x,�vay Si?�ce JCRR is,; � �ommunity collector street, the need for the improvemer�ts exceed��what may�solely be required due to the development of the � ��t�s�ivision��In con�ui��ion with the installation of the turn lanes and storm , e s � �� sewer��nodifi��.tior�s a� pa�t of City Public Improvement Project 2013-149 the � ;Gity shal�skbe r�sponsible fo'r` 60% of the project cost up to a maximum of � � $11$,755 Q4�and the remaining balance shall be the responsibility of Arcon and �u° �;eHovnania� and paid by means of assessment to the extent allocated to each of � ��on and Hovnanian as set forth on the e�ibits to this Contract. C � Utilities within Subdivision. The water main, sanitary sewer and storm �:� sewer�vvithin the Subdivision are required to be sized to accommodate service � beyond the boundaries of the Subdivision. The City's bid for the installation of the utility infrastructure will provide for the cost of standard installation necessary to service the Subdivision together with the price to accommodate the trunk (oversizing) necessary to accommodate service beyond the bouziel�,�i�s of the Subdivision. The City shall be responsible�for the cost of th�over��zing (trunk �� bid minus standard bid) and the remaining balance shall b��ie respons�bi�lity of � � Arcon and Hovnanian, to be paid by means of assessment f�,the extent alloeated to each of Arcon and Hovnanian as set forth on the�xJiibits to��ii�,.Contract. D. Utilities Beyond Boundary of Subdivision `�k�e developii3erit of the � Subdivision requires the construction of put�l�taes beyc��ii�i th��aoundar�es of the �� Subdivision. Arcon is solely responsifZ�.e for �ac�uiring ai�X an� .aJ� easer�ents �e�� . �,� ,.� necessary for the construction of the util�t�es be�ond the �a�undanes t�� tlie Subdivision as identified m Piib'�c Tmprc�vemenf�r�z��t �013 ��;9. Moreover, Arcon is responsible for securing any and��alt .cost participa�bn �r�m any third K Y � � � � party sharing in the cost of extending��utihties ti� the Si�l�divisiori under Project � � � 2013-149. The City wilT participate in t�Z��cost to �;�tend�the sanitary sewer to serve Quarry Point Park properky located sout�e;,of t��easterly segment of 157th Stree��ear Pi��tb�nob Road:, s, � � 5. Developer'`�slnstalled ��provem�nts S.��iject � to the provisions hereunder, Hovnanian��a�i�nstall. the.driveways;sti�r�n sewer, sanitary, water and utilities services to the � � lots; lands��ping; �ubdivisior�zmonuments�a.nd �protective utility service boxes ("Developer� � Im r�e�e�ts") to sea�ve the �ubdivision;'��n y accordance with and under the following � � ��condi�iona. � � - � A �x To install the�eve�oper Improvements within the Subdivision in :accordan�e with the_plans approved by the City. � B � To ��tall and establish landscaping in accordance with the plan(s) � =�preparet��:�'robe Engineering,under the direction of William Mauer, dated May �7�:,2014. � C �, To install all utilities underground in the Subdivision, specifically � incluc��g electrical, telephone, cable television and gas services. Hovnanian � hereby represents that all utility services will be available for a building prior to occupancy. D. To install a protective box and cover over each sewer cleanout and water shutoff, in accordance with plans approved by the City. E. � To install all perimeter monuments and lot monuments f,o�r t�e Subdivision prior to June 30, 2015. F. To comply with all requirements of the Natural l�esources manageinent e�..�.. regulations as set forth in Chapter 152 of the Ag�le Valley Ci�y_Code��rior to;',�� , e� e e � during and after the development of the Subdivision ��n�nian furtlie�agrees to submit to the City for its approval, a Natural.�e�ources��rlanage�nent PT�:��rior to �� rt � any construction of land-disturbing activLt�in coi��ction w��h the c�nstructi�m=on � �� e°e each lot in the Subdivision. Hovnanian shall i�plemerit and car�pl�with al,�;�erriis and conditions of the approved ��anYpr�o�tQ anc�'d��g a�y constriaction or land- disturbing activity, including, but�not limite°d to,� rnaintaimng the.�erformance security required in G�apter 152 of th�A,pple Va11e�Crty�:�c�de. G. To install and �iaiz�tain erosion coiitrol meastii'res in'''�ccordance with the Natural Resource Preservatiori Permit H : To irist�tl� �ach item t�oted}zn°%Paragraph 5,Y��rein, at Hovnanian's sole cost and exp�rise, i��accordance wi�h a13��l�ns reviewed and approved by the City. � ��,. I. To� a�tend a me�ti�g wi��i""represei�tatives of the City, which meeting � `requu�s the ��tendance c�f .�all , contractors and subcontractors, prior to ' comm��.cement a�any construction�in a lot. ��. To �ot bury ��ny pipe �rior install bituminous surface nor pour concrete � � �� : w%�hout the��pecific ap�xoval of the City Inspector, which approval shal� not be ��,,� unreas�c�nably u�thh�lc�i,� co�ditioned or delayed and sha11 be made by applying �Gity stani��rds ��ormly and consistently applied in other City projects, prior to �� the�ark be�ig performed. � � � � � �K. To pay for and provide a street lighting system for the Subdivision. The � � � �1��out of said lighting system sha1L be in accordance with Dakota Electric � Asso�iation standards and shall be approved by the City Engineer. �� L. ��-�'o clean dirt and debris from streets due to construction work by builders - and contractors. M. To pay the City's reasonable costs related to the installation of the - Developer Improvements and the preparation of this Agreement, incl�cli�g but not � limited to administration, engineering, legal fees and inspectia�i, which the� City .�v= . .� estimates to be approximately $2,500.00. All inspections re�so�ably required by � the City will be done by persons supplied by the City.�`"�'�ie City shall su��it � � invoices to Hovnanian with detailed descriptions c��'the servic�rende��d by the�- City in accordance with this Agreement. Upon I-�ovii�nian's requ��t;� it may review the invoices during regular City bus�zess hours �Iovn�an sli�,k��deposit � the sum of$2,500.00 with the City for payment ��.the CiG�'s exg��ed cos�s , If � ,� the City's cost exceeds the deposit, Hovnaniaii;,agree�ta reimbur�e°t�e Cit�witliin thirty(30) days of billing. Bilis'n�it paid withm�h�r�(�.t�� days sh�.11 bear interest at eight (8%) per annum. Shoulcl the costs be 1�ss t��i�:the amount of;the deposit, upon completion o£.�e Developer"�°Improvemen#s, th��amount `remaining on � deposit shall be return�de��;�the Hovnanian.�Calcula�it�n of�fi�e City's costs shall � be in accordance with the fee schedule adopted;by the�ity Council. The estimate herei�t.n.does i�i�t��pply to or.'timit �12� right of the`;�ity�to recover legal costs and expenses incu�red �°�� the City �r� connection with the enforcement of this - Agreement v � b, �b Any m��1 eviolatior�°of the terms o�this Agreement by Hovnanian which�is not cured withu� �en (1�) days a�,�written r'iotice from the City shall allow the City to stop and enj oin all Y� cons��uctio�vin the Subd��ision (excluding Outlot D) until authorization to proceed is given by .. .: t�te C�t�: Hovna��an agrees�to hold tl��._City harmless from any damages, causes of action, or clairns re��ted to the c�anstructi�n be�g stcipped by the City. � p� , �� F�ri�ncial G�arantv. No Grading of the Pond shall be performed until a Financial � C�aranty i�e��the a�ri�un� c��f $75,000.00 has been deposited_ with the City securing �the full � � pei'��izmance of�he Grading under this Development Contract. The final Subdivision and plat sha11 . � ��k`� . . . � � not be��proved unt�l Arcon and/or Hovnanian have deposited with the City a Financial Guaranty(s) � in the to��l, amount��a� One Million S� Thousand Three Hundred Eighty and No/100 Dollars _�� ($1,006,380.00) securing the full performance of this Development Contract. Arcon and/or Hovnanian shall furnish the City with the Financial Guaranty from a bank or lending institution acceptable to the City. The amount of the Financial Guaranty was calculated as follovv� �,�a A—GRADING Item Amount Pond Grading $75,000 Of�°�__ � � Financial Guaranty ��$'��flQ�,00 � _ B—DEVELOPER IMPR(��EMENTS � �°�`�� Item �Siiount � ^» � Utility Services = ° Driveways ��. � Street Light � � � � Subdivision Mc��iii�ients � � � Mail Box Suppo��tru�tures � � � � Lanc�seaping � � .�. Tota7 ��4.�,OOO.QO }� Financial G�aranty(100%) $41,000.00 � C—1�IJNICIPALYPUBLIC IMPROVEMENTS �tem �P Hoi�nanian � Arcon Amount ��:� � � � ��Projec��{?13-149 ;`y $1,399,�50.00 $83,457.00 $1,482,507.00 � �ttinus credit 4_(a) ;;-.�.� 23,68�{l0�(10,915.00) ( 34,597.00) �� 1,37.5�368:�Q $72,542.00 $1,447,910.00 � e�� k»Y �'�o�ect"�1�-101 � � 5,410�.00 2,696.00 8,106.00 � � Prc��ect 20`15 1Q2 18,655.00 � 9,295.00 � �27,950.00 Td�al � $1,399,433.00 $84,533.00 $1,483,966.00 � � Financ�al Guaran�(60%) $839,660.00 $50,720.00 $890,380.00 � � � =�Tota1 Financial Guaranty(A+B+C) _ $1,006,380.00 � This breakdown is for historical reference only. It is not a restriction on the use of the Financial Guaranty. The bank or financial institution and the form of the Financial Guaranty shall be substantially in the form attached hereto, as Exhibit "D", and is subject to the approval of the City � Attorney. The bank or financial institution must have a business office for� prese�.�tiient�of the � � � Financial Guaranty within the Minnesota seven county Metropolitan Area. In th��erit��of a default � by either Arcon or Hovnanian which is not cured within ten(10) days after na��from the�ity,the � � City may draw down the Financial Guaranty provided by the party in default to�pay for all cost�:a�d expenses incurred by the City to�enforce this Contract including tl�e costs incu�d by the City in;� ; connection with the collection of the Financial Guaranty. Such costs tc� include any��iation or completion of Improvements. If the Financial Guaranty is d�'��vn down,tt�e proceeds sha��be used to cure the default and,to the extent possible,reimburse�t��City its'`eosts anc��xpens� � ,� A. Terms. The Financial Guaranty m��! k�e for a stated ��aFprovided it is automatically renewable. The C�t�'inay diraw on e�� cial Guaranty, without notice, after an Event of Default has occurred �tnder ��is Confir�ct, �hich has not -�,, , �zzr been remedied withi� any applicable c�re penod'o� upon;��eiving notice that the � Financial Security wi1T b�:�.11owed to lapse �If the rec��ired Ii�iprovements are not � completed at=,least thirty ��0) cla,ys prior to the +e�pirancari of the Financial Security, the�i�may'ais�c�raw down`�he F�anc�al Secunty." B. Claims: In ��,event t�at �h� ��#y receives claims from subcontractors or � materialmeri t�at work rec}uired by�his Corit��ct has been performed and money due � � �tT7er�,have not�a�en paid, anc�tl�e subcontractor or materialmen are seeking payment ��out of�Ii�Financia�;.Guaranty po�ted vvith the City and such claim is not resolved by ; . � ,�. .��_ b:- � ,,.�,either Ar�,+�� or Ht�u�anian �vhichever party's� work is relevant, Arcon a.nd �.� �, n�a �-Tflu�anian �exeby autlib�izes the City, at the City's discretion, to commence an Interp�e�der action.pursuan�.,to Rule 22 of the Minnesota Rules of Civil Procedure � � b�vr the I)�stnct cQUrts at the`expense of whichever of Arcon or Hovnanian is s�� _� �� , s res�icinsible �c�r such claim, to include court costs and attorney fees. Arcon and � �Hovnamari�further authorize the City to draw upon the Financial Guaranty provided `t��,the responsible party of either Arcon or Hovnanian in the amount of one hundred tweu�fiva percent (125%) of tha claim_together wit� attorneys' fees and court � � � costs,�ari�d to deposit the funds in compliance with the Rule. � � � C. Release of Financial Guaranty. Periodically upon Arcon's or Hovnanian's written request and upon completion and verification of satisfactory compliance or final approval by the City of any installed Developer Improvements, or the payment of special assessments levied in connection with�the Public Improverrre�i��;�roject, a� � � � � � like percentage of that portion of the Financial Guaranty cover��t��t�se specific Improvements or Public Improvement Project may be releaset�, �cept how��rer the �u r � �ti final twenty percent (20%) of the Financial Guaranty of either Arcon or Hovriaiii�n ��r shall be held until a final acceptance (by the Cit�} of all reqi��red De�elopment;�.:� � Contract Requirements for such party. Upon the xssuance of a ��r�rficate �f . ; �� occu�ancy for a building in the Subdivision,�;�ntten requ�st rna�be ma�.to obtain � a release of the Financial Guaranty whic� is equat.,��m,the levied ass�;ssments`µ�vhich are charged against the lot, as a result of the P�.i�ilic Im�irovement�?rc��ect. A't t�ie time z�. of final Inspection of all Impravemerits, if„it is ��nined by t�� City that the submitted plans and specifications were not str��tly ��iered tt�Ae�r �Yi�t work was �.z � � � done without City ins�ection, the City'�ay requirepthat the posting of a cash escrow equal to one hundred twenty-five percent(I'�5%) of the estuna��d amount necessary to correct th� deficiency�or to�°p�otect against ckeficien�ies arising therefrom, which � postiiig will ��y either Arec�n or Ho�nanian depeii�lirig on who is responsible for the defiei�ncy.��Suc�i`�ddition�l��ash ��ow shall remain in force for such time as the City deei�,s necessary;;i�ot to ex�eed five(5) years. 7 �e Assessments Ar�Qn and Hovria,n�iari shall pay the special assessments, when due, .�b for �.�1 �rn�unts assocfated wrtli`:�.rojects 2�}1'-3-149, 2015-101 and 2015-102 to the extent - �z �:�lloca�ed to each;�f Arcon��nd Hovnaiaian as set forth on the exhibits to this contract. Arcon and Havnani�ta,shall exeGUte the Waiv�rs of l�ssessments, in the forms attached hereto as "Exhibit El", �`_ExhthitfE2", and",Exhib�t��3:'" � 8 ., Issu��e o��uilding Permit. No building permit in the Subdivision shall occur � �� un��r,water, sa�iitary sewer, and a paved surface are available for use to the proposed building. � ^ ��_ Ser�i�e Fees. Upon submission of a building permit�application(s), the applicant � agrees to��y the Cit�r-for the public services furnished to each platted single family lot within � � � the Subdivision, an amount as determined below upon the basis of units (per building) as determined by the City's Chief Building Official, which amount shall be paid in the following manner: � A. Sewer Availability Charge. The rate per unit is bas�d +�n -�e year in which the building permit is issued (presently $2,785.00 ��unit - �2485.00 � � Metro and $300.00 City). The person who applies for a buslt�ng permit sha11�'�y,� at the time of the issuance of the permit, an amo,t�ty equal t��ie rate�imes the e°�eee � `�; x.: � number of units. This fee is subject to change if the olili�ation of the��`ity to the Metropolitan Waste Control Commission cl�anges. B. Water System, Supply and Stor�ge Ch�i�;e. The xate pet�it is �iased ��, � �.-� � � on the year in which the building �ermrt is;�ssued ��esently �$l�'.00 per �mf). The person who applies for a builc�ing p�r�it sh�ll•qp��,ati.,tk�e time:of the issuance of the permit, an amount equal to fi�e rate times the ri'uinber of3zti�ts a.= 10. �Area Charges. Hovnariian shall be responsible for��he pa�inent of$106,273.78 for storm water, �water and sanitary sewer area charges c��cted ��the City to construct the necessary trunk sys�ems to ��ice the Subdiviszt�n. The cost ax�d=��cation due and payable is � � as follows: � � A. Sanitar��Sewer ��32��per a�xe x 12.66 acres = $29,434.50 � ��; , � � �� VYater �;�, $266 per lot x 41 lots= $�10,906.00 � �=;C St�r�n Sewer A p,r �$S,�t�,8.00 per acre x 12.66 acres = $65,933.28 ;;., Thes�arii€��vnts shall be�iaid to the City pnor°to the release of the plat for recording. Additional �area�h�rges sh��lebe requi��rd upon the subdivision and/or replat of Outlots. � � � 11 �_ Park �edicatrdn 'F�e��parti�s,mutually recognize and agree that park dedication � � � . �. � � �� requiret��nts a� �rovide� �n C�hapter 153 of the City Code sha11 be satisfied as�related to the � � . .k �ngle fami�lots b�`�sh��yment of$187,500.00. This amount shall be paid by Hovnanian to � � the.Gity pnor:�p�the release of the plat for recording. The cash dedication payment is computed in th�'�ollowing�iianner: � �:Tse: Single Family Residential � � � � P�rsons Per�nit: 3.2 No. of Units: 41 Land Dedication: No. of units (41) x persons per unit(3.2) x 0.0955 = 1.253 acres Cash Dedication: No. of acres (1.253) x land value ($150,000 per acre) _ $187,950 Additional park dedication shall be required with the subdivision and replat of the Ou�lats. 12. � Storm Water Dedication. The parties mutually recogmze�.ai�d�.ag�ee that the storm water pond dedication requirement for the Subdivision,�as provid�c� �n Chapter 15� ��the � � � ��n, City Code, will be satisfied upon the completion of the expansion of pond „�VVR-P443 loca�ec�� within Outlot A and Outlot B of the Subdivision as further speclfi�de on the�`°�f�e C��ac�ng plan� ° �� dated May 7, 2014. Upon release of the plat for recording, Arcon �h��l �i) cause��he fee title holder of Outlot A and Outlot B to deliver to the City a��ty Deed��n re�co�dable�o�,n and satisfactory to the City, conveying marketable fee simp�e��itle to�Qutlot ��nd C�t��t�t B fa �he � City, and warranting title to be free and clear o£all encumbrances, and (ii) cause a�title cairipany . �. �:. acceptable to the City to issue an ALTA title�iz��urance po��y ins�ng t��City as�ie fee owner � .��;, � of marketable title to Outlot A and Outlot B, subject only to �tle e�c��tion�"�,�eep'�able to�the �City, with policy coverage in the am�ur�t of$47,250.�0 on Outlot'�and�rt�.policy coverage in . � �� the amount of$224,250.00 on Outlot�3.P'�con shall pay ��lncosts a�i expenses associated with such conveyance and such ptitle insuranc�, ine�uding without limita�ton, closing fees, recording fees, deed taxes, rea� �state ta�es, assessed or esti�ated to be a�sessed against Outlot A and �.� e e �.� � Outlot B prior to obtaf�ing �an eX�n�tion��fr� rea� estate taxes, special assessments, and expenses relate�i to preparation of the'ptitle insurance cornmitment and issuance of the title � insurance pt��cy �;� � � � � 13 .::Lots 1 3,�P$lock 4. `��on release of the plat for recording, the City shall have z, ��ecuted and wi1�deliver tt��Hovnania�„a Quit Claim Deed�conveying the City's interest in Lots � M 1,�� nd�3�ee�lock 4,�toFHovnania� T-�ovrianian shall pay all costs and expenses associated with �>> such c�nveyaiice, incluc�kng, �+itheiut limitation, all closing fees, recording fees, deed taxes, and r4 �� ,�xpenses �elated tt� �any �e insurance commitment and title insurance policy requested by � � Hovnanian { it,?k � �1,4. Ot�t�ot D. Upon release of the plat for recording, the City sha11 have eXecuted and � � will deliver to Fisr,l�er Sand & Aggregate, LLP, a Minnesota limited liability partnership, � ("Fischer")a Quit Claim Deed conveying the City's interest in Outlot D to Fischer. Fischer shall pay all costs and expenses associated with such conveyance, including, without limitation, all closing fees, recording fees, deed taxes, and expenses related to any title insurance commitment and title insurance policy requested by Fischer. 15. Drainage and Utilitv Easement over Outlot C. Hovnam��l�all prou�de and � record a Temporary Drainage and Utility Easement in favor of the City o�er, upon and��r�ss Outlof C of the Subdivision, in the form attached hereto as Exhibit "F"pri�ir'�o approeal of tl�e.�� Final Plat. ��" � 16. Drainage and Utility Easement for �atcrmain. A�con shall prov�de and � record a Drainage and Utility�Easement in favor of th� City ��ue�, up��i�and a��oss certain � property lying northerly of and adjacent to 157�' �t�eet, m��i� form.attachec�`�aeieto as E.zlzibit «G,� _ � � ��°� �� 17. Access Restriction. HQ�nanian shal��edicate acc�ss restczction easements to the � � � � � �t�� City to restrict driveway access from �t�i� Subdivision t��dedica�`�d publi� �streets, except at � locations permitted by the�ity(see Exh'ihit "�"attached her��o). 18. As-Built Sur�evs:" I3ovnanian shall :provide the City with an as-built survey ("Survey") for each bwl�'�ng constru��d witiv�'`��e ��i�b�livision, prior to the issuance of the Certificate z��;.Q�cupancy��".CO") for� ��at building, provided, in the event Hovnanian is � , _ , ..� proceeding � gooc��ith to �l�tain the Sur�reg,��nd the Survey's availability is �the only - �� x imped�r��i� to the City�s�,issuance p�the CO;�ie�City agrees to accept a deposit of$5,000.00 to ��:� �nsure�omplefto�n,of the S�vey and��5on receipt of such deposit,the City will issue the CO. � � Additionall�;;prior ta the fi�st C0-�ssued within the Subdivision, Arcon shall provide the " = City�vith as�uilt surv�� of s�o�water porid WVR-P443. The as-built survey requirements are 4� � � � �,set fortli��n the a�#ached E�liibit "I". 19. ��telease. Except to the extent arising out of the gross negligence or wilful misco�duct of the�nembers of the City Council or City employees, Arcon and Hovnanian hereby � � specific�� release:,the members of the City Council and City employees from any personal liability in�onnection with handling funds pursuant to the terms of this Agreement, and except to the extent arising out of the gross negligence or wilful misconduct of the members of the City Council or City employees, further agrees to indemnify and hold the members of the City Council and City employees harmless from any claim, of any and every nature whatsoever for damages sustained or costs incurred, that may arise as a result of this Agreement ox t�ie creating of the Subdivision. ,<< 20. License. Arcon�and Hovnanian do hereby grant the Cit�a��icense to enter upia�r the � � � � Subdivision for the purpose of installing the Municipal Improvements and inspe�ting the Developer _ e: nn Improvements. 21. Development of Outlots. Arcon and ��n ack��wlec�� that ��e �uture � development of Oulots C & D will require the further ex�ension o��CRR atzd,th� c,��ructian Qf �;:, ;: _. � 157th Street (Public Improvement Project 2015-�t�� "�'he Ci�inte�s to contr�`��e to the c�st of the street construction, to offset the oversizmg a�the street�npbeydn�n a stata�dard res�dential street. The City's contribution to Project 2015-103 is expeeted to not e�eed��63,637:�f0,as �terived from � YC l)_ r°k;. . . Exhibit � : The construction �costs;a�e anticipated�'�i� �e assesse� �gair�s� the outlots and other properties. � Notwithstanding an�;.,�rovision in this a.,Agreement fa th� �c�ntrary, should Arcon or Hovnanian fail to p�� the�p�ssessments far the �Vlii�icipal Improvements or the Anticipated � y Municipal Improvement�e�,s provided�n Sechon��liis.t�.�'eement, the City may refuse to permit �x.� � the subdivisic��.c�f 0ulots Ca�d D or to ccintribute to the cos�of the further extension of JCRR and the construc�hon of r�'7th Street: � �con and Ho�ian mutu�lly recognt��nd agree that the City, at its sole discretion,may exten�l..,JCRI��c�rth to the tri�ersectior�iif 157th Street and extend 157th Street from Pilot Knob Road � � � (+��A�e31) to t��;westerly��lat bounda�y, or segment thereof, upon any one of the following � .� conc�ions � � � � � � A ��ginning�ay 1;��016;ar � �� . Upon.�tty��roval of the final plat for further phases within Outlot C; or ��.- C :�Tpon City approval of the final plat for deveiopment in excess of 15 single family � �� re�idential lots within Outlot D. Arcon an�i,Hovnam� further recognize and agree that, absent the occunence of a default, the City will fund a portion of said roadway extensions with special assessments levied upon the Subdivision � and all parcels located adjacent to the JCRR and 157th Street alignments. Upon City approval of the final plat for the Subdivision, the City will file pending assessments for the estimated cost of Project 2015-103 upon lots within the Subdivision, excluding Outlot A and Outlot B, and all other lots adjacent to the 157th Street alignment hetween Pilot Knob Road and the westerly�e��'ubdivision �, boundary, as shown and noted on Exhibit "J". �' 22. Bindin� �Terms. This Agreement shall run with the Si�b�i�ision. Arco�i'�and Hovnanian represent and warrant that they each have an interest in the Subc�i��sion and are we�l,ipr � µ. _,., z � seized in fee title or will be so upon the filing of the plat, and eac�w>�;�:indemntfy,�nd-�iold the City harmless for any breach of this representation ar warranty as to the property e��owns or °�A-� . k-. requires. The parties mutually recognize and agree that all te�ns and �cmditiort:� Q��iis'�greeme�t run with the Subdivision and shall be binding ;t��un the r��ec�t�� heirs, ad�inistrators`and successors of Arcon and Hovnanian. �p..p � � The rights and obligations hereunder ma��not be assigned ��thout^�ie prior written permission of the City. Upon appr�val of any �.s�ignment,�.Arcon �d/or Hovnanian's obligations hereunder shall continue in":�uTi force and effeot�aas to eae�i respective lot and�outlot within the Subdivisi�an, as such,.obligatio�s rela��to the lot trari4��r��;i�, until the subsequent lot owner has accepted``#he ass�gnii�ent by e�ecuting_, tl�e Consent;to Development Agreement substantially in the form°attached as ee�'xhib�it ��K" and a�delivering a copy of such executed Consent to Dev��apment Agreement to theCity within ten (10) days of execution. x .,� e, , ,, � �� Limitafi�on of Lia�ilitv. The G�t��acknowledges that Arcon and Hovnanian are � � �� each ��lely res�onsible fc� their resp�ctive obligations and liabilities under tliis Agreement and �� t�i�tt nelther Arconbnor Hovri��nian sha1�.J�ave any responsibility or liability for the obligations of �, the other �t�y under �his Agr��rt�t�nt, e�cept as a successor or assign as provided herein. � �z `A� .z. Notwithstanding the foregomg, •�i) nothing in this Section shall be deemed to limit the City's ��nedies under this�greer�ent in the event that Arcon fails to comply with any term, condition or r�quireme��erein related to Grading, and (ii) should Arcon or Hovnanian fail to pay the assess�ents for t�e Municipal Improvements or the Anticipated Municipal Improvements as a� � � providet� n�n Section��;3 of this Agreement, the City may refuse to permit the subdivision of � Oulots C a�i�d D or to contribute to the cost of the further extension of JCRR and the construction of 157th Street. 24. Certificate of Completion. Upon request by Arcon, Hovnanian or their successors or assigns, and at their sole cost and expense, the City will issue a c�ificate in � recordable form which certifies the extent to which Arcon and/or Hovnanian;are ��peompliance � � with the terms of this Agrement, and, if the requesting party �has fully �d3nplied v�ti�h and completed all terms of this Agreement and has no �contingent liability �r z�bligation under�this � Agreement, sha11 release the 1ot(s) which are in compliance from th�.�terms of fh�s,Agreement � [Signature page follows] _ '��z � � 'k;zk,,, . k x � � '; o � x: v .. � � � h �` . 1 "�' . '�".. . � � � K. Hovnanian Homes of Minnesota at Regent's Point, LLC, a Minnesota limited liability company By: Its: �� STATE OF MINNESOTA) � � � ) ss. � - COUNTY OF ) j'` The foregoing instrument was acknowledged befor�.='tne this' a day Q��_, 2Ol��by , the � ` ��° � �� ., o� �I�., Ho�nan� I�omes '�if Minneso�a at Regent's Point, LLC, a Minnesota limited habilit�company,on beha�f of the coznpan� y^ » Notary Pub1i� ,,.� � `�� x ; �.�, .. y�� Arcon�,and II, LLC, � ,��, a Minnesota��ited liability company ,, By: = Its: � � � -�:. STAT�OF 1VTINNESOT�.) �ss. �OUNTY'�QF �:'.: �� The fo�'�oing instrument was acknowledged before me this � day of � , 2014 by , the of Arcon Land II, LLC, a Minnesota limited liability coinpany,on b�half of the company. _ Notary Public CITY OF APPLE VALLEY By: Mary Hamann-Roland Its: Mayor � By: Pamela J. Gackstetter Its: City Clerk , �. ;:�. �� _ 4 �� _ STATE OF MINNESOTA ) � ) ss. � COUNTY OF ) ��a� � On this _ day of , 2014, before me a Nof�ry Publ�c,within and for said County, personally appeared Mary Hamaizn-Roland and Pa�ela J. Cr�.ckstetter to me�personally known, who being each by:me duly sworn� each did say that th�y are�espectively the Mayor and Clerk of the City afe�pple ��ley, the mur�icipality named in th�p�dr�going instrument, and that the seal affixed on b�half o�saic�.tmunicipali�y by �uthority of its'City Council and said Mayor _ - zE: ; � and Clerk acknowledg�c��said instr'EUn�nt to be��h��act and deed of said municipality. �_, .�� Notary Public �'HIS INSTR��IENT W��.DRAFTED BY: Da�i�;hert�,Molenda;p;Solfes� Hills &=Bauer P.A. 7300 West 7��th Stree��Suite�aQF!<.�'` Apple�a11ey,M1 1V��.�nesota 55124 ° "'°�`:; ;;�952) 43��136 ':. �IGD (66 33930) EXHIBIT "A" Plat for Regent's Point �w �� , .�J�. _ . i . ° � � � � ti�T' A ; EXHIBIT "B" City Resolution for Preliminary Plat Approval � _�. �°� �.� � „ Vk . _ . — _ .�a� . .,. =i.t<< ... <-, e e "»' a t<k. �' � � i EXHIBIT "C" PONDING,DRAINAGE AND UTILITY EASEMENT � � THIS EASEMENT is made this day of , 2014, b� ��sc�r Sand & � � Aggregate, LLP, a Minnesota limited liability partnership (the "Landowner"��avor�c�f the City of Apple Valley, a Minnesota municipal corporation(the "City"). The Landowner, in consideration of the sum of One Dollar ($1.00) �d other�ood and � valuable consideration, the receipt and sufficient of which are hereb�acknowlei��ed,d��.hereby``< , grant and convey unto the City, its successors and assigns, a perman��t e�asement;��ponding, ��.p �,r � � � � drainage and utility purposes over,under and across the pro�erty descnb�e�l as£ollows� �. � � ' '�' ".k�,. - 4e That part of the East 50 acres of the Southwes��uart��of Sectian 35, '�`��nshi��15, Range 20 North, Dakota County, Minnesota, descril�ed as fzi��ows �� Commencing at the southwest corne�r o� said East, 50 a�es t��ie Sot��west Quarter; thence on an assumed bearing of North�eQ,degrees Q�ininu��,.14 secca�ds V��t, along the �� west line thereof, a distance of�117.00 feet to the poin� �f beginning o��zd parcel to be described; thence continuin��,�orth 0 degree� 03 minuf�s �14 se�nds W`est, along said � � � west line,�a distance of 688 OL�£eet; thence So�it$��2 degree�;�0 mi�u�es 08 seconds East a distance of 204.46 feet; thence �v�th 66 degrees��e minut�s,�l seconds East a distance � of 95.98 feet; thenc��South 83 d�gre�s�.�2 minutes �(} �econ�s:East a distance of 412.19 � feet; thence �uther�� distance af.,359�Q feet along a �e��tangential curve concave to the east, said`�urve h�viri�a radius a£ 11�(�p:f�q �eet and a`�entral angle of 19 degrees 55 minutes 51 seccands arid th� chord o�`sa� cr��ve bears South 9 degrees 54 minutes 42 � � seconds West; then��e South (��e�rees C��inutes�,14 seconds East, tangent to said�curve, a dis�a��e_of 122.9��et to a lin�;�t�istant 117.00 feet north of and parallel with the south line ��°��aid.�outhwe��:�uarter; thertc� North 89 degrees 57 minutes 42 seconds West, along,�aid para�el line, ��distance of 6f�� l.$°:feet to said west line of the East 50 acres of °�e Southwest(�uarter and.:�he point of beg�nning. �the L�idownc�r�ntends to�lat the pro�erty described above as Outlot A, Regent's Point) � And � � `��'�at part Qef the East 50 acres of the Southwest Quarter and part of the Southeast Quarter - of Section ��Town�hip ll 5, Range 20 North, Dakota County, Minnesota, described as foll�ws: :.Comm��ng at the southeast corner of said East 50 acres of the Southwest Quarter, also ��;being the�oa�thwest corner of said Southeast Quarter of Section 35; thence on an assumed � ��i�aring of N�irth 0 degrees� 03 minutes 14 seconds West, along the west line of said Sout�ieast Quar�er, a distance of 117.00 feet to the point of beginning of said parcel to be described; thence North 89 degrees 57 minutes 42 seconds West, parallel with the south line of said Southwest Quarter, a distance of 120.01 feet; thence North 0 degrees 03 minutes 14 seconds West a distance of 123.08 feet; thence northerly a distance of 314.71 feet along a tangential curve concave to the east, said curve having a radius of 1000.00 feet and a central angle of 18 degrees O1 minutes 53 seconds; thence South 70;,degrees 28 minutes 06 seconds East a distance of 519.22 feet; thence South 72 degr�es`qt�� minutes 54 seconds East a distance of 77.32 feet; thence South 80 degrees 48 m�ut�s-�9 seconds East a distance of 87.24 feet; thence South 88 degrees 20 minute� Q1 seconc�,s,lEast a distance of 47.92 feet; thence South 9 degrees 20 minutes 31 se�and��East a diata.r��e of 104.93 feet; thence South 41 degrees 52 minutes 44 seconds East a distance of 1�3 �1 � feet to a line distant 117.00 feet north of and parallel with the south 1��of said Southeasf,�r � Quarter; thence North 89 degrees 58 minutes 16 seconds �e�t��along s��d�ar��Ye� line, a�� distance of 747.57 feet to said west line of the Southeas# ��arter and ��ie-�point of � � beginning. � 4`�� '-�� (the Landowner intends to plat the property described a��e�as �u�l,ot B,��ent's Pc��nt) , (collectively the "Property"). � �� The grant of the foregoing easement includes the ni��nal practice �filhng the Property with water from storm sewer runoff and the right c�;f the City, its�contracZors, ag�ts'and servants � to �enter upon the Property at a11 rea�onable times�`�o �onstruct,��econs'��uct, inspect, repair and � � maintain pipes, conduits,mains,pbnd��e�d utility lines � � � The Landowner retains the nght`� use:�.he premises`fa��any��vful purpose, and the right �., to grant other easemEe�ts ov�r,e�nder or across��remises, pro�]��uch use does not interfere with the ponding, drai�age and utz�ity purposes of t�i�.�asement. ` The Landowner, f�ix�itself, its �eiXs, exe�tors, acin;�inistrators, successors and assigns does � hereby releas��i� City of�ple Valley,'�� successors and�assigns, from a11 claims for any�nd all � damages res��i�g��the Prop�t�by reason b�the location of the ponding area or utility lines. The Landowne�c�venants'with the Ci��.fliat it is the fee owner of the Property (except ._.. _ e „.��..that�art�the�ec�f owned b��the City};�and has good right to grant and convey the easement herein �� th��ity � � � � ��.. �. - � �.��x<<� This„easemeritx.and tfie covea�ants`eontained herein shall run with the Property and shall bind Yhe LandQwner and zts su��ess�rs and�ssigns. �': �j�;� � Il� ��VITNE��•eW��EOF, the Landowner has caused this instrument to be executed as b�;;the day a�id year first written above. �ti:`; Fischer Sand&Aggregate, LLP, a Minnesota limited liability partnership By: LAR Investments, LP, :� a Minnesota limited partnership Its: Partner � �r�;� By: L A Robson, LLC, a Minnesota limited l�ialaility comp��y Its: General Partner � � By: Liza t�. �obson �n °p k k� � Its: Managing_�embe�°ee;:r � � Fischer Sant��,Aggrega��.,L�� ;a�Vlinnesota lirri�ted liabilrty��artnersh�p � %By<;PWF Investments, LP, : a Minnesota limited partne��liip Tts: M�naging Partner �, � e .. � �x:� � `B, .F�� LLC, �'', � a 1V��iesota limited liability company Its: General Partner � � ��, �. _ __ e, _ .,,� ., e � � Pe � e A � h � � `� By;�"�eter W. Fischer � � Its: Nlanaging Member t��, b �� STATE OF MINNESOTA ) ) ss. COUNTY OF ) � On this day of � , 2014, before m��I�otary Publi� �athin and for said County, personally�appeared Liza A. Robson to me personalTy lcnown, who beii�g by � � me duly sworn, did say that she is the managing member of L A Robson,�"�.�.C, a Minneso��--.� � � limited liability company, which is the general partner of LAR�`��estments,°�P�, �;1V��nesota �� ypm limited partnership, which is a partner in �ischer Sand & Aggregate, I,I�F��_�he M��so�a limited � � A� vee liability partnership named in the foregoing instrument, andH that saict �s�rum�nt was si�gned on � .: . � � behalf of Fischer Sand & Aggregate, LLP, by authont��:�e limrted��ab1T`rt�p�rtners� and_ said Liza A. Robson�acknowledged said instrument ta be�the �r�� acf an�i.,deed o�the li��ted liability partnership. � � IVotary Pubhe STATE OF MINNESOTA ) ) ss COLTNTY OF ��A ) On this 9°�ay o� e�,; 2014, before me a Notary Public within � and for said County, per�ona�iy app�ared PeCer � ��'�scher to me personally known, who being � � by me duly sworn, did say:�that he is�h� managirig�merii�� of PWF, LLC, a Minnesota limited ; e liability co��y,tiwhich is�`the generaT��artner of PWF Iiivestments, LP, a�Minnesota limited partnership� �v�iicl� �s,the maiia�ing�partner of�Fi�Gher Sand & Aggregate, LLP, the Minnesota limited liabYlity partiiership narned in the foreg�ing instrument, and that said instrument was signec� t�n.,behalf of Fi�cher San�i; & Aggrega�e, LLP, by authority of the limited liability � ��partn�rship �.n�said Pet� W. Fisc�,acknowledged said instrument to be the�free act and deed � �f th�lamited li��ility partriership. Notary Public , . '��is instrument was clrafte�by: � Dou�erty, Moi�nda, Solfest, Hills &Bauer P.A. 7300`��;st 147th�treet, Suite 600 Apple Va�l,ey, Mmrie�ota 55124 (952) 432=�,�36� - � � � � � MDK(66-33930) 5 EXHIBIT "D" IRREVOCABLE LETTER OF CREDIT NO. � ., City of Apple Valley � Atm.: City Clerk 7100— 147�'Street West Apple Valley,Minnesota 55124 i+. 1W. `:Sti �� We hereby authorize you to draw on Bank of .� , �� , � Minnesota, ($ ) available by your draft at��t.� �� n� _ � .<< All drafts drawn must be marked "drawn under Le�er of �redit �� `� ��, d��d � �� k �: �� The purpose of this Letter of Credit is to act as a"�uaranty to'�e City�rf App��alley�hat the terms of that certain Development Contract between � � `� � and the City of Apple Valley, dated i';�re fulfilled;in thei�:'entirety and in the event � of the failure of�he developer�to do sc��then the City of A��le Valle�may dr�v_v against this Letter of Credit to fulfill said terms. We agree that the Letter of�;��dit shall e��ire�o sooner than � , 20_, unless � sooner released by th�City af��le Valley,but m th��ent that th'e'terms of the above-mentioned Contract are not fulfille��this��,ette��f Credit��hall be'.�itomatically extended at its expiration date on an annual basis unles��„least sixty;�60) da�s.�rior to�the expiration date we have notified the City Clerk ��ertified mair�that we elec�i�c�t to extend thi's�Letter of Credit. Upon receipt of said notice,the��le Valle�sha11 be enti��d to draw at sight,by presentment of a draft or drafts prior to the �tate of e�axation he��of, up to the�ful�e�ggregate amount as set forth herein, less any � redu��fl�s �� We l��reby agr��with the �rawers, e��rsers and bona fide holder of drafts drawn under and in ��inplia��e with �1��Aterms=p�this Lette� Qr Credit that such drafts will be duly honored on due � presentanon to the dra�ee. , � BANK By Its EXHIBIT "E1" WAIVER OF HEARING SPECIAL ASSESSMENT AUTHORIZATION The undersigned hereby requests and authorizes the City of Appl� V�ley,��1�1i�nesota � (Dakota County) to assess the�following described property owned by it: 4��c��C, Regent�s;Point, City of Apple Valley, County of Dakota, Minnesota; for the benefit recei�ecl from the follov��g identified public improvement projects: � � � u ��e PROJECT USE �QUANTITY NOT TO EX�EE=� y 2013-149 SF 1 Lot �13:&�291 00 4: ��,. 2015-101 SF 1 Lot w�2,473:`�0. � 2015-102 SF 1 Lot �re .�$8,��'�t�4 �_ ��-. � � TOTAL 149,292 Of� s, � � � to be spread over five(5)years at an an�ua�interest rate of�..Q% . The undersigned, for itself, rts suc�esso�s and assigns,�ereb�consents to the levy of these assessments, and fiir�her, hereby waives nc�tice c�f any and all hearings necessary, and waives objections to any tec�ical elefec��rin any proceed�n�s,related to fhese assessments, and further waives the right to object to or appe�I from the�e�ssessments made pursuant to this agreement, as e � ; a�� provided for pursuant to 1V��esota Staiut�s §429��1. `� � � DATED: ,:,;�K. Hovnanian Homes of Minnesota ��:. � ��t Regent's�Point,LLC, � ee � ` � �"�� a Minnesota limited liability company � � �� ii r � � s By.ItS: � �TATE�?�MINN��(�'�.�.�; � ` �)ss. � � CU�}NTY OF �:- ) � � Tlie forega�n�g instrument was acknowledged before me this day of , 2014 by � � � .,-�,�, , the of K. Hovnanian Homes of Minnesota at � � Regent's P�€nt, LLC, a 1Vlinnesota limited liability company,on behalf of the company. � � Notary Public EXHIBIT "E2" WAIVER OF HEARING SPECIAL ASSESSMENT AUTHORIZATION � The undersigned hereby requests and authorizes the City of Apple°Valley, �lUlinnesota (Dakota County) to assess the following described property owned by it: O�t`1��D, Regent'��,�'oint, � City of Apple Va11ey, County of Dakota, Minnesota; for the benefit received from the follov�i�g identified public improvement projects: PROJECT USE pUANTITY NOT TO EX�EED 2013-149 SF 1 Lot ��,560.00 :w 2015-101 SF 1 Lot ,;$2,696(}0 „ 2015-102 SF 1 Lot �`� �T_.$9,29�Q� .�;�. � � � � TOTAL $ll�;��100 -��w � � to be spread over five(5)years at an annual=�interest rate o��0% . � � �.. The undersigned, far'`itself, its suc��ss�irs and assigns, ��reb� ct�nsents to the levy of these assessments, and fizt-�her, h�r��iy,waives nQtice of a�y and a11��iearings necessary, and waives objections to any tec�inical d�fect�;,in�any piocee�gs`a'related to tf�ese assessments, and further � waives the right to ob�ect to or appe�le,,from these ass�s�ents made pursuant to this agreement, as provided for pursuant to Minnesota Statt��s §429 (��1. _�� DATED: � � ,. Arcon Land II, LLC, � ��Minnesota limited liability company � S By: Its: STATE`UF MII�TNESOT�x� �p�s. CQUNTY C�F., �� The foregQ�ng instrument was acknowledged before me this day of , 2014 by , the of Arcon Land II, LLC, a Minnesota limited liability cci�tnpany,on behalf of the company. Notary Public EXHIBIT "E3" WAIVER OF HEARING SPECIAL ASSESSMENT AUTHORIZATION The undersigned hereby requests and authorizes the City of App�ee Valley, �!Iinnesota � � � (Dakota County) to assess the following described property owned by it: L,�fs 1�'through l��lock 1; Lots 1 through 13, Block 2; Lots 1 through 8, Block 3; and Lots 1 through 8, Block 4;�a�l�in � Regent's Point, City of Apple Va11ey, County of Dakota, Minnesota; for the b�efit received frotri.,� � the following identified public improvement projects: � � PROJECT � USE QUANTITY NOT TO EXC�ED �. � � �� 2013-149 SF �41 Lots �43,591:1��/lot �� .. , � 2015-101 SF 41 Lots �$��.�,63/lci�� 2015-102 SF 41 Lotsa ~ "`$�47.O��ot »„4 _ _ 'R?�. '` � TOTAL $43,910.0(�pper lo� � to be spread over five(5)years at an annii��interest rate of S.Q%Q . �� The undersigiied, for itself, its suc��ssors and assigns, her��i�ticonsents to the levy of these assessments, and furt�er, her�by;�aives no�ice of ��: and all hearings necessary, and waives � objections� to any techn�c�l defects �n,.any pro�e�g�.�elated to these assessments, and further � waives the right to ob�ect�t�,or appeal��fr�n these a�sessme�ts made pursuant to this agreement; as provided for�ZUt�suant to Minriesota Statutes;�429.081. DATED: � �e �'�. Hovnanian Homes of Minnesota � at Regent's Point, LLC, � a Minnesota limited liability company By: �' � Its: �TATE O�'MINN��fJTA.�::: � � r��ss. � � � CC�UNTY OF e ) � � �� °�'he farega�g instrument was acknowledged before me this day of , 2014 by � � x�e�� , the � � of K. Hovnanian Homes of Minnesota at Regent's Pp��t, LLC,a�Vlinnesota limited liability company,on behalf of the company. � Notary Public EXHIBIT "F" TEMPORARY DRAINAGE AND UTILITY EASEMENT � THIS EASEMENT is made this day of � , 2014,;b� ��eHovnanian Homes of Minnesota at Regent's Point, LLC, a Minnesota limited ha�ility`coi��ny (the "Landowner"), in favor of the City of Apple Valley, a Minnesota muzuci�i�� corporatici�a(the � "City��. The Landowner is the fee title holder of property legally d��r�bed as fol�ows � " � � Outlot C, Regent's Point, according to the recorded plat thereo��pDa�+�ta Couri'� _ � � Minnesota � ��:� � � k � (the"Property") � �`� The Landowner, in consideration of��e sum�t��Q�e Db�l�r �$�;00) and other good and valuable consideration, the receipt and suffici�cy of w#��h ar� �hereby ��no�l�dged, does hereby grant and convey unto the City, its successors and a��i�ns, �,:tempo'�� easement for drainage and utility purposes over,ui�;der and across��e,Property �_ - ,� This temporary easement shall ��u�Qmatically expz��: upon �� recording of a replat of Outlot C into lots and blocks �or developinent��;�, The grant of the foregoii�g;�easement includ�s`�e right of the City, its contractors, agents and servants to enter upc?n the Prop�rty at al�reasan.�ble times to construct, reconstruct, inspect, repair and maintain pipes�z°`conduits aii��nains; ��d°the fur�her right to remove any obstructions. After compl�� of such ci��struction, i�iaintenance, repai��or removal, the City shall restore the Property to tl��`�o�dition in wl�ch it was foun�l prior to the commencement of such actions, save only for the"�ecessar�:r�moval p�any obstruc�i��s =PAA �� The T.;andowner c�venants w�th the City that it is the fee owner of the Property and has � �:�ood�i�ht to g�ant and con�ey the ea�ement herein to the City. � � �� - TT��spPAeasemerit and th�; co��ants`cantained herein shall run with the Property and shall bind tlie Lanclt�u�ner and.�its sucee�;sc�rs and assigns. � � � Il'� �ITNE�,�,WII��EOF, the Landowner has caused this instrument to be executed as a��the day a�d year fiist�ritten above. K. Hovnanian Companies, LLC, a Minnesota lim'ited liability company By: Its: STATE OF MINNESOTA) ) ss. COUNTY OF ) � The faregoing instrument was acknowledged before me this "e�ay,of , 20'f�4 by , the of K. Hovnanian�omparues,��,LC, a eMinnesota �� r� limited liability company, on behalf of the company. �� Notary Publi�:�.,. � � � This instrument was drafted by: � �,�, � Dougherty, Molenda, Solfest, Hills &$auer P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 � � MGD (66-33930) � � ��F - � � Y k ib "i»"»"» EXHIBIT "G" DRAINAGE AND UTILITY EASEMENT :,. THIS EASEMENT�is made this day of , 2014, l��e��r Sand & Aggregate, LLP, a Minnesota limited liability partnership (the "Landowner''�,i��avor��the City of Apple Valley, a Minnesota municipal corporation (the "City"). The Landowner is the fee title holder of property legally described as��lows: � � �,.�. The North Half (N 1/2) of the Southeast Quarter (SE 1/4��f��ection Th�rt��five (35), � Township One Hundred Fifteen (115), Range Twent�(20), Dal�Qta�aunty, lV�r�ttnesota. t�. �`#��;��,. (the "Property"). The Landowner, in consideration of the su�ri Qf Orie ��llar($1.00) ��i� other gooi�.and valuable consideration, the receipt and suff'c�ency �� ich �t°e��ie�eb� ,ack��wledged, does � � hereby grant and convey unto the City, its sttecessars ane� :assiggs°r.,ya per�na�en��easement for � � drainage�and utility purposes over, under and across the sou��r�� Sf��eet o��e l�operty (the � "Easement Area"). �`� �� :e �, � The grant of the foregoing eas�ent includes the�i�t of the �ity, its contractors, agents � and servants to enter upon-�t1�e Easement Arean at a11 reasori��le t��sd to construct, reconstruct, � inspect, repair and �ainta� p��es, conc��rts�a�� mains; and��Yt� ��ther right to remove any � �� obstructions. After ccimplen�"n`t�£ such construct��a�;.a�naintenance;'repair or removal, the City � shall restore the Eas�i�ent ��Are�� o the ��ond��i�n��;in which it was found prior to the � � �-,-b:� e � commencement of such a��ons, save��y for t��ii�cessai-�removal of any obstractions. � � �� ,�� The �ane�o�er cover�a�ts with the �ity that it is the fee owner of the Property and has � good right to grant ariid �convey tl�e easement herein to the City. �� Thi��sement andn;the cove�ants contained herein shall run with the Property and shall �ind�Sie Lando�ner and rts=�successors;.and assigns. .,�z� Il� �VITNES�S WHEI�TOF, the I;andowner has caused this instrument to be executed as ,, '� of the day ar��,�ear first.�vritten abcive. k= � i - �b Fischer Sand&Aggregate, LLP, a Minnesota limited liability partnership � �; By: LAR Investments, LP, a Minnesota limited partnership Its: Partner � � By: L A Robson, LLC� � � a Minnesota limited 1��b�hty comp�� Its: General Partner ,�� w,. a� � � � � By: Liza A ;Robson , � � Its: Managing�11!Iember � �� ;�,� �,. : ;.�x:< � , � Fischer Sanc��Aggregat�_LLP, � �.,Minnesota lirn;ited liabiht�,partners�ip � � � � �,; . B�,PWF Investme�ts, LP, ; ��a Mirrnesota limitec��artne�`s�iip � :- I�s; 1VTa�aging Partner _ � �y �'��,'LLC, � � � a 1'c�inrieso��l�nited liability company � . Its: General F�rtner B� '�'eter W. Fischer Its: lVlanaging Member e�; _ � k'._:: ,. � . . . � .i3°,�. - . � . STATE OF MINNESOTA ) ) ss. COUNTY OF ) � On this day of � , 2014, before me��otary Public��ithin and for said County,personally appeared Liza A. Robson to me personall��nown, who being b� � me duly sworn, did say that she is the managing member of L A Robson, ;LLC, a Minnesota.t, � limited liability company, which is the general partner of LAR��ve�tments,'��.�', ��l�tinnesota''�'�� limited partnership, which is a partner in Fischer Sand & Aggregate,�,L�',the Mirmesi��a limited liability partnership named in the foregoing instrument, an�l_that sa.ic�i�st�t�ent w� �i.�ned on ��' � behalf of Fischer Sand & Aggregate, LLP, by authont� c��jtl��limited'�7abilit�gartner�hi� and said Liza A. Robson acknowledged said instrument to be�the fr��,act an� deed ��he I1mri�ed� � liability partnership. � � �� l��tary Publicb ` � �';�. STATE OF MINNESOTA ) ) SS k COUNTY OF ) On this °`day o�, . t: ; 2014, befo`re me a Notary Public within and for said County, p�r�onally ap�eared Pe�er W Fi�cher to me personally known, who being �by me duly sworn, did sa��,that he is ��manag�ng'�mem��er of PWF, LLC, a Minnesota limited �� liability co�p�� which is�.��he general-��gartner of PWF �iivestments, LP, a Minnesota limited partnership�t?�`�iic��s�the marra�ing partner o£,Fis�her Sand & Aggregate, LLP, the Minnesota � limited l�abi�ity parCi%�ship na��d in the for�go��i� instrument, and that said instrument was sign�c��cz�.behalf of �ischer S`a`ri� & Aggregate, LLP, by authority of the limited liability partnership a�td said Pet�W. Fisch�;x,acknowledged said instrument to be the free act and deed �f th�.�imited liability partnership. K Notary Public v�� - ;� TFi�s��instrum��was drafted by: � � � Dough��ty, Molen�, Solfest, Hills &Bauer P.A. � � � 7300 West,147th Stir�et, Suite 600 Apple Val�ey, Minnesota 55124 (952) 432-3136 � MDK(66-33930) EXHIBIT "H" ACCESS RESTRICTION EASEMENT � � � THIS INSTRUMENT is made this � day of , 2��4� ��tween K. � Hovnanian Homes of Minnesota at Regent's Point, LLC, a Minnesota limi�ed��`�ility c�mpany, � �F.. (hereinafter referred to as "Grantor") and the City of Apple Valley,-� .�innesota mu�cipal � corporation, organized under the laws of the State of Minnesota, (herei�ra£t�r referred to as�he "City") � WITNESSETH: k That the Grantor, in consideration of the sum o�C7�� ollar ($1��0) a�i� �ther g�d and valuable consideration, the receipt and sufficiency o� �vhich ��.hereby�ackno��dged,��loes hereby grant and convey unto the City, its successors ancl��igns,��tarever, e��en�.e�t�; ��er up�� _ and across the following described properties: � ��'" �� The westerly one (1) foot of Lots 1 through 7, Bloc� �T and t�ie no�t��rly o�ie (1) foot of � Lots 7 through 12, Block 1, Regent's Point,��akota Co�n��, 1V��n�esota:� ' � � See also Exhibit "A" attached��t� and incorpor�ted herein ,. The easements are gran�ed for and limtted`t�;the express purpos�p�frestricting vehicular access to Johnny;�ake Ric�g�Road and n157�'9�treet West, exc�}�t,�t locations permitted by the City, it being understt��d � �� L t'�he City shailb have no abligation to maintain the properties and that the Grantor, its successo�s__�� assigns,�rn�;� sod, seed,;�plant and maintain the properties, provided that�no driveway or�i�her fo`i=tn of acces�way may be co�si�.cted thereon. '2' :be The purpose of the easement is°�trictly limited to access restriction and the City � shall Iiave no��ht to utili��the prop�ies for any other purpose by reason of the easements. � �.: ,� TY�i�_instrum��t and the c�y�;nanfs �nd agreement herein contained are binding upon the � � � parh�s,their��ccessors,and as��i��:� � � � na x ;, �,. .�,� �,, _ en � ��: � � � � IN ��NESS WH�EREOF, the Grantor has caused this instrument to be executed as of the day and year'e�rst written above. K. Hovnanian Homes of Minnesota At Regent's Point, LLC By: Its: STATE OF MINNESOTA) � ) ss. COLJNTY OF ) The foregoing instrument was acknowledged before me this ;da�.�� , �Q;�4 by � � , the � of K. Hovnanian Horiie�, of Minnesota :�at Regent's Point, LLC, a Minnesota limited liability company,on beh�l£af the co�ripan� ; „ � Notary Public � ,� , � � � � �,,>- r . � THIS INSTRUMENT WAS DRAFTED BY �:. .:. � � �� - � � Dougherty, Molenda, Solfest, � � ' Hills &Bauer P.A. � � 7300 W.est 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 � � � � (MGD/lmd: 66-33930) � � �;. � � � � x p � �� y k. � �xa, � � _ � rA � , � � � � � ��.� � � � EXHIBIT "I" � SURVEY REQUIREMENTS � ��_ • Certification to the City by a registered land surveyor. � � • Certifying that all stormwater treatment/infiltration basins��w��es and pondii�g areas have been constructed on public easements or land ovv�e�by the City. � • � Plan to include field verified elevations of the follo�t�g " � ,. o � Cross-sections of stormwater treatement/infiltt�a�r�i��al�asins, ,�°�°�' o � Cross-sections ofPond WVR-P443� � , � o Location of all swales and wetlands,��n�, and � �� y � � o Location and dimensians of bo�Q�v areas��tockpi��s.� , e ti� � e e ' 4 S"» � i°4 � `4� �' . . ., �� » .: .�?. j� t:»^ „» ° w t,; � � k EXHIBIT "J" Pending Preliminary Assessment Estimate � 41 SF lots Outlot C Outlot D PID �'�� 010350052f��1 0103500�5010 Project 2015-101 � Signa1160 $2,936.99 $2,473.01 $2,696.00 �=��G�,�4.27 be$��,840.73 Project 2015-102 � �� n;��, Signal 157`" $10,127.46 $8,527.54 $9,29�,00 ;=;�70,014�3., „ $��7,035'6�,, t � Project 2015-103 � �b `�' � � 157 $62,649.00 $53,480.00��` ��$53,521 AQ �A, $1(9,650 i�4�'� _ ��,18,790.00 JCRR � $86,592.00 $73,920.00 �$7�,976.00 - -- �� `k ��µp 4 . 4„iT � _ �..%��^.- . �"s' __ _ ��V. 4e EXHIBIT "K" ASSIGNMENT OF DEVELOPMENT AGREEMENT This Assignment of Development Agreement ("AssignmenY') is made t��:;��day of � � , 20 , by and between � .�"i�ssign�r") a�d ("Assignee"). WHEREAS, Assignor is the fee title holder of property legally descr��ied as follows: � � , Regent's Point, according to the recc�`r'e��d plat th�r�of;� Dakota ne� .-;> County, Minnesota. �� - ~�� (the "Property"); and . a � ,., �, � _ � , �. � ,, ,.. WHEREAS, the Property and the La�da�u�ner are si.t�j ect tt�F that cei��r�i Y Devetcipinent Agreement Between Arcon Land II, LLC, K��c��rianian i��me��i�1V1��sota�at.;�.egent's Point, LLC and the City of Apple Valley for Regent��?oint reco�`�i�d , �,014, � Document No. in the Office of the Dakota Cou��.wRecorder (tlie "�eyelop�i��t Agreement"); and z� WHEREAS, the Developmen�„Agreement pro�i�ies that :�he rights and obligations � thereunder may not be assigned without�he p�ipr written pei�xssion o�the City of Apple Valley, � and upon approval .of any.�a�s�gnment, the assignee shall ex��it�; �nd deliver to the City an Assignment of Devel�pmen��greement; and �, � .. . WHEREAS, As��nor desire�� conv�� ti`��e to � Property to Assignee, and Assignee � �2� desires to acc��ire title � the Prop�rty and to assume the rights and obligations of � � � under:#;�e Developrn�nt A�reement as they relate to the Property; �,. �� TQW, THER��FORE, iri consideratic��f the foregoing and other good and valuable ,con�a�eratio�,��the receip��and suf��iency of'��vhich are hereby acknowledged, Assignor and �ssig�iee agree�s follows �� ,: Ass��or he��y assigns��d transfers to Assignee, and Assignee hereby accepts ;; �> and�ssum�;s, any a�ic� all rig�ts and i�bliga�ions of Assignor under the Development Agreement � as th��e�elafe��o the Prope�ty � � � js � 2� ��: Wi��ic��t limi�ing the foregoing, Assignee hereby assumes and agrees to fulfill any�� a�d all oti�standing" i��ligations of as provided in the D�evelopment��greement as they relate to the Property. � � ��,, Tk��Assignment sha11 be effective upon the recording of the conveyance of the � Propert�fxom Assigi�,or to Assignee and upon the recording of this Assignment. � �. � 4. �� This Assignment sha11 not affect Assignor's�obligations under the Development Agreement except as specifically provided herein. 5. This Assignment shall be governed by and construed in accordance with the laws of the State of Minnesota. � __��-z_ � IN WITNESS WHEREOF, Assignor and Assignee have caused this;�t��tru�ient to be executed as of the day and year first written above. � � � [Assignor signature]� � � �� - � [Assignee signa�ixe��a [Notary Blocks] � � : [Drafted By Block] �� 4� � � �, � CONSENT TO ASSIGNMENT QF DEVEL�U.PME�T AGREEMENT ��, �°� � � The City of Apple Valley he��byiconsents to��he foregoin� �ssign�.ent of Development �o. � � �� Agreement by and between ��,�a �`�"Assignor") and � � � �`�-�ssignee") � � � � , �_ ��TY C3�APPLE VALLEY z k S L}` � � Its 1Vlayor �_> � � By. � � � � Its: City Clerk � „» =»w .� STATE OF MINNESOTA ) � ) ss. � y COUNTY OF DAKOTA ) � On this_ day of , 20 , before me a Notary Public�vitTiin anc�efar said County, personally appeared and to ��personally l��wn, who being each by me duly sworn, each did say that they are respectivel�_#,�e Mayor and��k � of the City of Apple Valley, the municipality named in the fore�oing insf�`r.iment, and that t�i�, seal affixed on behalf of said municipality by authority of its Cit� Council an�.��id.;�,�yor and �� -. � Clerk acknowledged said instrument to be the free act and deed of sard xr��nicipahty �,��`� � ,� Nota�Publi�°� � �G �.� - �; . ��__ s� � - � � � � �.� ; i s ��; �., ,�: . �t�nk PtY . V 4 K;`r %kx �� , "� RESTORATION AGREEMENT This Agreement is made this _ day of June, 2014, by and`between Fischer Sand & � �� ,� � � � Aggregate, LLP, a Minnesota limited liability parCn�rshi� �"Fischer"� �nd the;�City of Apple Valle , a Minnesota munici al co oration the "Ci " �� y p rp , ( ty ), �egarding real property located in Section 35, Township 115,Range 20, Dakota County,Minn�sota(the"Property"). WHEREAS, in 2001, the City issued an Amended Conditional Use Permit to Fischer far the Property(the"Permit"); and WHEREAS, the Permit requires Fischer to restore the Property upon completion of mining operations; and WHEREAS�, the Parties desire 'to enter into this Agreement to address Fischer's � obligations in regard to a portion of the Property to be platted as 157�' Street as indicated on the proposetl final plat c�I�egent's Point attached hereto as Exhibit "A" and incorporated herein � ("1�7�Street'�a in contemplation Q#'the installation of a public street and utilities; NOW, THEREFORE, in consideration of the mutual agreements of the parties, it is hereby agreed by and hett�een the parties as follows: 1 ��Performance of Grading. Fisher shall perform grading of 157�' Street and all related work as provided in this Agreement at Fischer's sole cost and expense. 2 � Grading Plans and Standards. Grading shall be performed in accordance with the Grading Plans prepared by Probe Engineering Company, Inc. dated May 7, 2014, and in 1 accordance with City and Minnesota Department of Transportation standards and requirements for construction of public streets. 3. Natural Resources Management Plan. Fischer agrees to comply with all requirements of the Natural Resources Management Regulations as set forth in Ghapter 152 of the Apple Valley City Code. Fischer further agrees to submit to the Citg for 'i�s approval, a Natural Resources Management Plan prior to any grading. Fischer shall iinplement ancl comply � with a11 terms and conditions of the approved Plan, including, but not lirnited to;�naintaimn�the � performance security required in Chapter 152 of the Apple Valleq City Code. � � � 4. Time for Completion. Fischer shall complete the gr�ding for tlie ��tension of 157�' Street from the westerly boundary of the proposed Plat to Pilot I�xiob Ro,ad by�July 28, 2014. � 5. Notice of Completion; Inspection and Approval�. L�pon �ompletion of grading . under this Agreement, Fischer shall give written notice ta the City, and the City Engineer shall then inspect the grading and notify Fischer of any grading that does not conform to the requirements under this Agreement: � � 6. As-Built Surt�ey. Fischer shall'submit an as-built certificate of survey to verify � that the final as-built gra�les and el,evations and all��other work required under this Agreement are � � � consistent with the appro�ed plans and any amendments thereto as approved by the City � Engineer.. If the as-built survey is not timely completed,the City may enter the Property,perform the wor�C, and apply the letter of credit or cash escrow required under this Agreement toward the ' cost 7. Time of the Essence. Time is of the essence of this Agreement. Fischer �. acknowledges that the City may award one or more contracts for the construction of municipal improvements including, without limitation, 157�' Street, in reliance upon Fischer's agreement to complete grading in accordance with the schedule set forth in this Agreement. Fischer acknowledges that any delay in grading may result in significant claims by those contractors against the City, and Fischer agrees to indemnify and hold the City harmless from any and all 2 such claims and to reimburse the City for its attorneys' fees and costs of defense against such claims. 8. Remedies for Default. In the event that Fischer fails to comply with any term, condition or requirement under this Agreement, the City may exercise one ox more of the following remedies: , A. The City Engineer or his designee may direct Fischer to stop all wark under � this Agreement until authorization�to proceed is�given�,by the City. Fischer � � agrees to hold the City harmless from any damages, causes of action, ar�� claims related to the grading being stopped by th��City. , � B. The City may enter the Property and cure„any default zipon reasonable notice � to Fischer, or without prior notice in��case o�emergency, Any cost incurred by � � � the City to cure the de�ault shall b� the financial oblig�tion of Fischer, and � � � shall be paid to the City within ten(lo) days of receipt of an invoice for such � costs. C. The City may bring an action against Fischer to assert any and all claims in law or in;equity for actual damages, consequential damages or injunctive � � � relief��:� � � � 9. Easements. Contemporaneously with the execution of this Agreement, Fischer shall�xecut� and del�t��to the City the following easements: � � A. Ponding, Drainage and Utility Easement in the form attached hereto as Exhibit"B"; and B. Draulage and Utility Easement in the form attached hereto as Exhibit"C". 10 Waivers of Objection to Assessments. In the event that Fischer fails to promptly pay any amount owed to the City under this Agreement, the City may assess such costs against the Property. Through this Agreement, Fischer expressly waives its right to object to or appeal the assessment pursuant to Minn. Stat. § 429.081 and further waives notice of the hearing on the assessment. Such waiyer is made on behalf of Fischer and its successors and assigns. Fischer 3 further waives objections to any technical defects in any proceedings related to the levying of the assessment and further waives all rights to object to or appeal from the assessment pursuant to this Agreement. Fischer acknowledges and agrees that any such assessment to be levied against the Property is related to the work to be performed in connection with the subdivision and � development of the Property. Fischer hereby acknowledges and� agrees tha� the�work and the assessment to be levied against the Property expressly benefit the Propert�and�Fischer.i� �ischer hereby acknowledges receipt of such benefit. Contemporaneously with the execution of this Agreement, Fischer shall execute a�d� deliver to�the City the following �Waivers of Objection to Speclal Assessments for costs � � � associated with Public Improvement Project No. 2013-�49; , � � � � � � A. Waiver of Objection to Special Assessmenfs(Parcel ID No. 01-03500-75-010) � � in the form�attached hereto as�'��E�ibit"p"; a�d�� B. Waiver of Objection to�Special Assess�nents�(P�rcel ID No. 01-03500-52-011) in the form attached hereto a�Exhibit"E". 11. Release and Indemnification. Fischer hereby specifically releases the members of the City Council from any personal liability in connec#ian with handling funds pursuant to the terms of this Agreernent, and furtl�er agree 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. � � �'1'2 Parties Bonnd. �'he parties mutually recognize and agree that all terms and � conditions of tlii�Agreement shall��run with the Properry and shall be b-inding upon Fischer and its successors and assigns. � [Signature page follows] 4 IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2014. Fischer Sand&Aggregate, LLP, � � a Minnesota limited liability partnership � � By: LAR Investments, LP, a Minnesota limited partnership ; Its: Partner By: L A Robson, LLC, __ � � � , � � a Minnesota limited liability coinpany �� Its: General Partner By: Liza A. Ro�son � � � � � Its: Managing Member � � � � Fischer Sand&Aggregatey LLP, � a Minnesota limited liability partnership � By: PWF Inv�stmen�s, LP, � � � � , � � �Minnesota lirnit�c�partnership � � Its; Managing Partner By:PWF, LLC, � a Minnesota limited liability company Its: General Partner By: Peter W. Fischer Its: Managing Member 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 �, , 201�,before rne��a Notary I'ublic within � and for said County, personally appeared Liza A. Robson to m�personal��knowri;who being by me duly sworn, did say that she is the manag'it�g meYnber o�I, A Robs�n,�LLC, a Minnesota � limited liability company, which is the �eneral part�er of i,AR In��stme�its, LP, a Minnesota limited partnership, which is a partner in�'ischer Sand &Aggregate, LLI�, the Minnesota limited liability partnership named in the foregoing instrument, and tha� said instrument was signed on behalf of Fischer Sand & Aggregate, LLP, by authority of the hniited liability partnership and � � said Liza A. Robson acknowledged said instrument to be the free act and deed of the limited }; � liability partnership. � � � � Notary Public 6 STATE OF MINNESOTA ) ) ss. COUNTY OF ) � On this day of � , 2014, before me a Notary_Public within � � and for said County, personally appeared Peter W. Fischer to me personally known, who being by me duly sworn, did say that he is the managing member of PWF, LLC, a Minnesota limited liability company, which is the general partner of PWF Investments, LP, a Mirines�ta limited partnership, which is the managing partner of Fischer Sand & Aggregate; LLP, the Minnesota � limited liability partnership named in the foregoing instrument, and that said instrum�ent was signed on behalf of Fischer Sand & Aggregate, LLP, by authority of the limited liability � partnership and said Peter W. Fischer acknowledged said instrument to be=t�i.e free act and deed � � � of the limited liability partnership. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) � On this _ day of�_ f a 2014, befor�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 sworri, each��did say that they are respectively the Mayor and� Clerk of the City of Apple Valley,,the municipali�named in the foregoing instrument, and that the seal affixed on behal�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. 7300 West 147th Street, Suite 600 Apple Va11ey, Minnesota 55124 (952)432-3136 MDK(66-33930) 7 EXHIBIT A jPlace holder for proposed final plat of Regent's Point] 8 EXHIBIT B PONDING,DRAINAGE AND UTILITY EASEMENT THIS EASEMENT is made this day of , 2014, by Fischer Sand & Aggregate, LLP, a Minnesota limited liability partnership (the "Landowner"), in favor of the City of Apple Valley, a Minnesota municipal corporation(the "City"). The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and � valuable consideration,the receipt and sufficient of which are hereby acknowledged,does hereby grant and convey unto the City, its successors and assigns, a permanent easement fo��onding, drainage and utility purposes over,under and across the property descr�ibed as follows: That part of the East 50 acres of the Southwest Quarter of Section 35, Township 115� Range 20 North,Dakota County,Minnesota,described as follows: � Commencing at the southwest corner of said East 50 acres of�he Southwest �Quarter; thence on an assumed bearing of North 0 degrees (?3 minutes'14 secands Wes�, along the west line thereof, a distance of 117.00 feet ta the pdint of begiz�ning of sa�d�parcel to be described; thence continuing North 0 degrees (l3 minutes 14 seconds W est, along said � west line, a distance of 688.01 feet; thence South 52 degrees 00 minutes 08 seconds East a distance of 204.46 feet; thence S�uth 66 tlegrees S8 minute's 41 seconds East a distance � of 95.98 feet; thence South 83 degrees 12 minutes 40'seconds East a distance of 412.19 feet; thence southerly a distance of 359.90 feet along a nantangential curve concave to the east,�said curve having a radius of I1��00.00 feet and a central angle of 19 degrees 55 minutes 51 seconds and tlie chord of said curve bears South 9 degrees 54 minutes 42 seconds West; thence South'0 degrees 03 minutes 14 seconds East, tangent to said curve, � � � a distance of 122.9� feet to a line distant 117.00 feet north of and parallel with the south � � line of said Southwest Quarter; thence North 89 degrees 57 minutes 42 seconds West, along said parallel line, a;,distance`of 600.18 feet to said west line of the East 50 acres of the Southwest Quarter and the point of beginning. (the Landowner intends to plat the property;described above as Outlot A,Regent's Point) And' -._ That part of the East Sa acres of the Southwest Quarter and part of the Southeast Quarter o�Section 35, Townsllip 115, Range 20 North, Dakota County, Minnesota, described as follows:� � � Commencmg at the southeast corner of said East 50 acres of the Southwest Quarter, also being the southwest corner of said Southeast Quarter of Section 35; thence on an assumed bearing of North 0 degrees 03 minutes 14 seconds West, along the west line of said Southeast Quarter, a distance of 117.00 feet to the point of beginning of said parcel to be described; thence North 89 degrees 57 minutes 42 seconds West, parallel with the south line of said Southwest Quarter, a distance of 120.01 feet; thence North 0 degrees 03 minutes 14 seconds West a distance of 123.08 feet; thence northerly a distance of 314.71 feet along a tangential curve concave to the east, said curve having a radius of 1000.00 feet and a central angle of 18 degrees O1 minutes 53 seconds; thence South 70 degrees 28 9 minutes 06 seconds East a distance of 519.22 feet; thence South 72 degrees 09 minutes 54 seconds East a distance of 77.32 feet; thence South 80 degrees 48 minutes 19 seconds East a distance of 87.24 feet; thence South 88 degrees 20 minutes,O1 seconds East a distance of 47.92 feet; thence South 9 degrees 20 minutes 31 seconds East a distance of 104.93 feet; thence South 41 degrees 52 minutes 44 seconds East a distance of 157.11 feet to a line distant 117.00 feet north of and parallel with the south line of said Southeast Quarter; thence North 89 degrees 58 minutes 16 seconds West, along said parallel line, a distance of 747.57 feet to said west line of the Southeast Quarter and the point of beginning. (the Landowner intends to plat the property described above as Outlot B,Regent's Point) ` � (collectively the "Property"). The grant of the foregoing easement includes the normal pr�c�ice of filliug the Property � with�water from storm sewer runoff and the right of the City, its contractors, agents and�servants � to enter upon the Property at all reasonable times to eonstruct, reconstruct, inspect, repair and maintain pipes, conduits,mains,ponds and utility lines. The Landowner retains the right to use the premises fc�r any lawful purpose, and the right to_grant other easements over,under ar a�ross the premises,provid�t� such�2ise does not interfere with the ponding, drainage and utility purposes of this easemen�, . � The Landowner, for itself, its heirs, executors, administrators, successors and assigns�does hereby release the City of Apple�"a�ley, its successors and assigns, from all claims far any and a11 damages resulting to the Property by reason of the locaticin of the ponding area or utility lines. The Landowner eovenants with the City that it is the fee owner of the Property (except that part thereof owned by the �ity) and.has goQd right to grant and convey the easement herein to the City. This easement and the covenants contained herein shall run with the Properiy and shall � bind th�Landowner aiid its su�„cessors and�assigns. � � � � � IN WITNESS WHEREOF,_the Landowner has caused this instrument to be executed as � of the day and year first writteri abave. � � � 10 Fischer Sand&Aggregate, LLP, a Minnesota limited liability partnership By: LAR Investments, LP, . a Minnesota limited partnership Its: Partner By: L A Robson, LLC, a Minnesota limited liability company Its: General Partner By: Liza A. Robson � � Its: Managing Member � � � d Fischer Sand&Aggregate, LLP, a Minnesota limited liability partnership � By:�PWF Investments, LF, i � � �� a Minnesota limited partnership Its: Managing Partner By: PWF, LLC, ' a Minnesnta limited liability company ' , Its: General Partner By:Peter W. Fischer Its: Managing Member ll STATE OF MINNESOTA ) )ss. COUNTY OF ) � � On this day of � , 2014, before me a Notary�ublic within and for said County,personally appeared Liza A. Robson to me personally knowni who,vbeirig by me duly sworn, did say that she is the managing member of L A Robson, LL�, a Minnesota limited liability company, which is the general partner of LAR Investments, LP, a.Minnesota limited partnership, which is a partner in Fischer Sand&Aggregate, LLP, the Minnesc�ta limited liability partnership named in the foregoing instrument, and that said instrument was signed on behalf of Fischer Sand & Aggregate, LLP, by authority of the limited �iability partnership and � said Liza A. Robson acknowledged said inshument to be the free act and�e�d`� of the limited.� � liability partnership. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, be�ore me a Notary Public within and for said County, personally appeared Peter W. Fischer t� me personally known, who being by me duly sworn, did say that he'is the managing member'of PWF, LLC, a Minnesota limited liability company, which is the general partner of PWF Investments, LP, a Minnesota limited partnership, which is the nianaging partner o�Fischer �and & Aggregate, LLP, the Minnesota limited liability partnership named in the foregoing instrument, and that said instrument was � � signed on beha,t��of Fi�cher Sand & Aggregate, LLP, by authority of the limited liability � partnership and said Peter W. Fischer acknowledged said instrument to be the free act and deed of the limited liability partnership. Notary Public This instrument was drafted by: Dougherty,Molenda, Solfest, Hills &Bauer P.A. 7300 West 147th Street, Suite 600 � � � App1e Valleya.Minnesota 55124 (952)432-3136 NIDK(66-33930) 12 EXHIBIT C DRAINAGE AND UTILITY EASEMENT THIS EASEMENT is made this day of , 2014, by Fischer Sand & Aggregate, LLP, a Minnesota limited liability partnership (the "Landowner"), in favor of the City of Apple Valley, a Minnesota municipal corporation(the "City"). The Landowner is the fee title holder of property legally described as foll�t?�s: � The North Half (N 1/2) of the Southeast Quarter (SE 1/4) of Section Thirty-five (35), Township One Hundred Fifteen(115), Range Twenty(20), Dakota County, Minnesota. (the "Property") The Landowner, in consideration of the sum of One Dol�ar ($1.00) anc� �atkier good and ' valuable consideration, the receipt and suf�eiency of which are hereby acknowied��d, does hereby grant and convey unto the City, its successQr� anti assigns; a perinanent easement for � � drainage and utility purposes over, under and across the southerly 500 feet of th��roperty (the "Easement Area"). The grant of the foregoing easeme�t include� the right of�the��City� its contractors, agents and servants to enter upon the Easement Area at all reasonable times to construct, reconstruct, _ inspect, repair and maintain pipes, conduits and mains; �nd fhe fiirther right to remove any obstructions. After completion af such construction, maintenance, repair or removal, the City shall restore the Easement Are� to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of any obstructions. The Landowner cove�aants with the City that it is the fee owner of the Property and has � good right to grant and convey the easernent h�rein to the City. � � � This ea�ement and the covenants contained herein shall run with the Property and shall bind the Landovvner and its successors and assigns. � � IN WI'�`NESS WHERE(7�', the Landowner has caused this instrument to be executed as of the day and year first written above. 13 Fischer Sand&Aggregate, LLP, a Minnesota limited liability partnership . By: LAR Investrnents, LP, a Minnesota limited partnership Its: Partner � � � By: L A Robson, LLC, �� a Minnesota limited liability company Its: General Partner � � By: Liza A. Robson � � Its: Managing Member � � � � Fischer Sand&Aggregate, LLP, a Minnesota hmited liability partnership By: PWF InUestments,LP, a'Minnesota liinited�partnership � � � Its: Managing Parttier � By: PW�� LLC,; : � � a Minnesota limitedliability company . Its: General Partner By: Peter W. Fischer Its: Managing Member 14 STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Liza A. Robson to me personally known;who being by me duly sworn, did say that she is the� managing member of L A Robson, LL�, a Minnesota limited liability company, which is the general partner of LAR Investment�, LP, a Minnesota limited partnership, which is a partner in Fischer Sand&Aggregate, LLP, the Minnesota limited liability partnership named in the foregoing instrument, and that said �nstrument was signed on � behalf of Fischer Sand & Aggregate, LLP, by authority of the limited liability partnership and said Liza A. Robson acknowledged said instrument to be the free act ane� deec�'o�the l�f� ` liability partnership. } Notary Public STATE OF MINNESOTA ) ) ss. � COUNTY OF � ) � � On this day of , 2014, before me a Notary Public within and for said County, personally appeared Peter W. �ischer t� me personally known, who being by me duly sworn, did say that he is the managing mernber of PWF, LLC, a Minnesota limited liability company, which is the general partner of PWF Investments, LP, a Minnesota limited partnership, which is the inanaging partner of Fischer Sand & Aggregate, LLP, the Minnesota � � limited liability partnership nam�ed in the foregoing�instrument, and that said instrument was signed on beha�f of Fischer Sanc� & Aggregate, LLP, by authority of the limited liability � partnership and�said Peter W. Fischer�cknowledged said instrument to be the free act and deed of the limited liability partn�rship. Notary Public Tlus instrument was drafted by: Dougherty, Molenda, Solfest,Hills&Bauer P.A. - � 7300 West 147th Street, Suite 600 Apple Va11ey, Minnesota 55124 (952)432-3136 MDK(66-33930) 15 EXHIBIT D WAIVER OF OBJECTION TO SPECIAL ASSESSMENTS (Parcel ID No. 01-03500-75-010) This Waiver of Objection to Special Assessments ("AgreemenY') is made thi� � day of 2014 by and between Fischer Sand&Aggregate,LLP,�a � � , Minnesota limited liability partnership; (the "Landowner") in favor af'the'City of Apple � Valley, a Minnesota municipal corporation (the "City"). � �� WHEREAS, the Landowner is the fee title holder of uniinproved property located in the City of Apple Valley, County of Dakota, State of Minnesota, legally described as follows: ._ The North Half (N 1/2) of the Southeast Quarter (SE 1/4) of Section Thirt�-�ive (35), � Township One Hundred Fifteen(115), Range Twent�(20), Dakota Coun�� Minnesota �� (Parcel ID No. 01-03500-75-010) (the "Property"), and' � WHEREAS,� the Landowner agrees to accept assessments against the Property in connection with Public Improvement Project No. 2013-149 and waives any objection to the same, as more specifically set forth herein; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Landowner hereby agrees as follows:' 1. Waiver of,Objection.to Assessmenfs. The Landowner hereby accepts assessments against the Prpperty for any and all charges associated with Public Improvement Project � No. 2013-149 in an amount not to exceed,�$133,112.30. Through this Agreement, the Landowner expressly waives its ,right to; object ta'or appeal the assessments pursuant to Minn. Stat. � § 429:0$��7 and.furtlier waiv�,s notice of the hearing on the assessments. Such waiver is made on behalf of the Landowner and its successors and assigns. The Landowner further waives objections to an�technical defects in any proceedings related to the levying of the assessments and further waiv�s all rights'to object to or appeal from the assessments pursuant to this ,Agreement. 2.�� Acknowledgement of Benefit. The Landowner hereby acknowledges and agrees that the work and the assessments to be levied against the Property expressly benefit the Property and the Landowner. The Landowner hereby acknowledges receipt of such benefit. 3. Title to the Property. The Landowner hereby represents and warrants to the City, its successors and assigns, that the Landowner owns the Property in fee simple and has good right and title to enter into this Agreement. 16 4. Payment of Assessments. The assessments shall be payable over ten (10) years. The assessments shall bear interest at the rate of five percent(5%)per year. 5. Bindin Eg ffect. This Agreement shall be binding on and shall inure to the benefit of the Parties and their successors and assigns and shall run with the Property. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. � � � � � Fischer Sand&Aggregate, LLP, a Minnesota limited liability partnership By: LAR Investments� LP, a Minnesota limited partnership Its: Partner By: L A Robsc�n, LLC, � � � a Minnesota liinited liability company �' � � Its: General Partner ' By: Liza A. Robst�n ; �� Its:ManagingMembe� �� Fischer Sand&Aggregate, LLP, a Minnesota limited liability partnership , By: P'VVF Investments,.LP, . a Minnesota limited partnership Its: Managing Partner By: PWF, LLC, a Minnesot�limited liability company Its: General Partner By: Peter W. Fischer Its: Managing Member 17 STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Liza A. Robson to me personally known,who being by me duly sworn, did say that she is the managing member of L A Robson, LLG, a Minnesota limited liability company, which is the general partner of LAR Investments, LP, a Minnesota limited partnership, which is,a partner in Fischer Sand&Aggregate, LLP, th�Minne�ta limited liability partnership named in the foregoing instrument, and that said instrument was signed on behalf of Fischer Sand & Aggregate, LLP, by authority of the limited liability partnership and said Liza A. Robson acknowledged said instrument to be the free act and deed of the lirnited liability partnership. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 20I4, before me a Notary Public within and for said County, personally appeared Peter W. Fischer to me personally known, who being by me duly sworn, did say that he is the managing member`of PWF, LLC, a Minnesota limited liability company, which i� the general partner of PWF Investments, LP, a Minnesota limited � � partnership, which is�the m�naging pariner of��Fischer Sand & Aggregate, LLP, the Minnesota limited liability partnership nar�ed in #he foregoing instrument, and that said instrument was signed on behalf of Fischer Sand & Aggregate, LLP, by authority of the limited liability partnership and said Peter W. Fisch�r acknowledged said instrument to be the free act and deed of the limited liability partnership. Notary Public This instrument was drafted by: Dougherty,Molenda, Solfest, Hills&Bauer P.A. 7300 West 1�7th`Street, Suite 600 � � � Apple Valley,?Minnesota 55124 (952)432-3136 NIDK(66-33930) 1$ EXHIBIT E WAIVER OF OBJECTION TO SPECIAL ASSESSMENTS (Parcel ID No. 01-03500-52-011) This Waiver of Objection to Special Assessments ("Agreement") is made this day of , 2014,by and between Fischer Sand &Aggregate, LLP, a Minnesota limited liability partnership, (the "Landowner") in favor of;the City of Apple � Valley, a Minnesota municipal corporation (the "City"). ;: WHEREAS, the Landowner is the fee title holder of uniinprQVed property located in the ' City of Apple Valley, County of Dakota, State of Minnesota, legally described as follows: � � The East 50 Acres of the East Half of the Southwest Quarter(SV� lf4) o��ectio�Thirty- five (35), Township One Hundred Fifteen (115), Rang� Twenty �20), ISako�� County, � � Minnesota, excluding the North 525 Feet of the�South 615��Feet thereof. � (Parcel ID No. 01-03500-52-011) (the "Properfy"); and�� WHEREAS, the Landowner agrees to accept assessments :against the Property in connection with Public Improvement Project Na. 2013-149'and waives any objection to the same, as more specifically set forth herein; NOW, THEREFOR.��, in consideration of the mu�ual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Landt�wner hereby agrees as fallows: � � � L Waiver of Obiection to Assessments. The Landowner hereby accepts assessments against the Property ,for any .and all charges associated with Public Improvement Project � No. 2013 14� in an amount not fQ�exceed $103,195.7Q. Through this Agreement, the Landowner expressly waiv�s its right to object to or appeal the assessments pursuant to Minn. Stat. § 429.0$1 and further waives notice Qf the hearing on the assessments. Such waiver is made on hehalf of, the Landowner and its successors and assigns. The Landowner further waives �bjections to any techmca�defeets in any proceedings related to the levying of the assessments and further vyaives all rights to object to or appeal from the assessments pursuant to this Agreernent. �< Acknowled�ement of Benefit. The Landowner hereby acknowledges and agrees that the work and the assessments to be levied against the Property expressly benefit the Property and the Landowner. The Landowner hereby acknowledges receipt of such benefit. 3. Title to the Propertv. The Landowner hereby represents and warrants to the City, its successors and assigns, that the Landowner owns the Property in fee simple and has good right and title to enter into this Agreement. 4. Payrnent of Assessments. The assessments shall be payable over ten (10) years. The assessments shall bear interest at the rate of five percent(5%)per year. 5. Bindin Effect. This Agreement shall be binding on and shall inure to the benefit of the Parties and their successors and assigns and shall run with the Property. IN WITNESS WHEREOF,the Landowner has caused this instrument to be''executed as of the day and year first written above. Fischer Sand&Aggregate, LLP, a Minnesota limited liability partnership By: LAR Investments, LP, � ' a Minnesota limited�partnershi� � Its: Partner By: L A Robson,LLC, a Minnesota limited liability company ' � � Its: �eneral Partn�r�� By: Liza A. Robson Its: Managing Member " Fischer Sand&Aggregate, LLP, a Minn�sc�ta limited liability partnership By: PWF Irivestments, LP, a Minnesota limited partnerskip Its:1Vlanaging Partner By: PWF, LLC, a Minnesota limited liability company Its: General Partner By: Peter W. Fischer Its: Managing Member STATE OF MINNESOTA ) ) ss. � COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Liza A. Robson to me personally known, who being by me duly sworn, did say that she is the managing member of L A Robson, LLC, a 1VIinnesota limited liability company, which is the general partner of LAR Investments, LP, a Minnesota limited partnership, which is a partner in Fischer Sand&Aggregate, LLP, the Minnesc�ta limited liability partnership named in the foregoing inst7ument, and that said instrument was signed on behalf of Fischer Sand & Aggregate, LLP, by authority of the limited liability partnerslup and said Liza A. Robson acknowledged said instrument to be the free act anc� deed��f the limite� � liability partnership. - Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014�before'me a Notary Public within � and far said County, personally appeared Peter W. Fis�her to me personally known, who being by me duly sworn, did say that he is the managing meinber of PWF, LLC, a Minnesota limited liability company, which is the general partner-of PWF Investments, LP, a Minnesota limited partnership, which is the managing partner af Fischer Sand & Aggregate, LLP, the Minnesota limited liability partnership narned in the foregoing instrument, and that said instrument was signed on behalf of Fischer Sand & Aggregate, `LLP, by authority of the limited liability partnership and said Peter VV. Fischer acknowledged said instrument to be the free act and deed of the limited liability partnership. � � � , Notary Public This instrument was drafted by: Dougherty,Molenda, Solfest, Hills&Bauer P.A. � 7300 West 147tih S�reet, Suite 600 � � � Apple Valley, Minnesota 55124 (952)432-3136'' MDK(66-33930) CITY OF APPLE VALLEY RESOLUTION NO. 2414- A RESOLUTION PERMITTING THE CONVEYANCE OF CITY-OWNED PROPERTY WHEREAS, Arcon Land II, LLC and Fischer Sand and Aggregate, LLP has submitted a final plat for"REGENT'S POINT,"that will result in the subdivision of land into 41 single- family lots and four(4) outlots; and WHEREAS, the subdivision will include(1) the exte�s�ari�of Johnny Cake Ridge Road through�property located immediately south of the Propo��velopment that is owned by�the � � City in order to connect the proposed subdivision with e�al��if�i G��unty Road No. 46 and(2) subdivision of a portion of the northern part of the C�t��Property��a�d � � � � �s� � WHEREAS,according to Minnesota SY.�t!�t�s, Section 412.21��e City of Apple Valley � is authorized to purchase or acquire real property°,and to sell, convey or ot�;rwise dispose of real � property. � NOW, THEREFORE, BE IT I�SOLVED,by the�i�y Council of the Ci�y of Apple � Valley, Dakota County, Minnesota,that��.xy may proc��awith the�conveyance�of property � � � by quit claim deed to Fischer Sand &�g�egat��LI,P under��following condition: �a � , � ��. , e 1. The conveyax��e��ty owned property��F�sc��r Sand,�Aggregate, LLP is continge��i��acsn the c��i�eyance af an a,�iui�ing, cti�i�iguous part of its property, which is adjacenfi ti�.:the City��perty, tha�xs�f equal or greater size to the property sought � � � to be acquired�c�m the��ty for the subdivision. � � � � e� �g� _`, �-� ��,�`FU�.'�'��R RESL�ZVED, that the con��yance of the City-owned property to Fische��and&Aggreg�� LLP i��;not in confl��t'`with the City's 2030 Comprehensive Plan. AD�IP�ED this l Oth��y;of Jul�,�014. � � � � � � K" R Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk (Top 3 inches reserved for recording data) QUIT CLAIM DEED Business Entity to Business Entity TOTAL CONSIDERATION FOR THE TRANSFER OF THIS PROPERTY IS LESS THAN$500.00 DEED TAX DUE: $1.65 DATE: ,2014 FOR VALUABLE CONSIDERATION, the City of Apple Valley, a municipal corporation under the laws of Minnesota ("Grantor"), hereby conveys and quitclaims to Fischer Sand & Aggregate, LLP, a limited liability partnership under the laws of Minnesota ("Grantee"), real property in Dakota County,Minnesota,legally described as follows Outlot D,The Plat of Regent's Point,Dakota County,Minnesota Check here if all or part of the described real property is Registered(Torrens) ❑ together with all hereditaments and appurtenances belonging thereta Check applicable box: Grantor � The Seller certifies that the Seller does not know of any wells on the described real property. City of Apple Vailey, ❑ A well disclosure certificate accompanies this a Minnesota municipal corporation document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed By: Mary Hamann-Roland since the last previously filed well disclosure Its: Mayor certificate. By:Pamela J.Gackstetter Its:Clerk ECB-1035 Page 1 of 1 Page 2 of 2 QUIT CLAIM DEED State of Minnesota,County of Dakota This instrument was acknowledged before me on , 2014, by Mary Hamann-Roland, as Mayor of the City of Apple Valley,a municipal corporation under the laws of Minnesota,on behalf of the corporation. (Stamp) (signature of notarial officerJ � Title(and Rank): My commission expires: (month/day/year) State of Minnesota,County of Dakota This instrument was acknowledged before me on , 2014, by Pamela J. Gackstetter, as Clerk of the City of Apple Valley,a municipal corporation under the laws of Minnesota,on behalf of the corporation. (Stamp) ' (signature of notarial o�cer) Title(antl Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS Dougherty,Molenda,Solfest,Hills&Bauer P.A. INSTRUMENT SHOULD BE SENT T0: 7300 West 147'�Street,Suite 600 Fischer Sand&Aggregate,LLP Apple Valley,MN 55124 14698 Galaxie Ave. (952)432-3136 Apple Valley,MN 55124 KJP: 0066-33930 (Top 3 inches reserved for recording data) QUIT CLAIM DEED Business Entity to Business Entity TOTAL CONSIDERATION FOR THE TRANSFER OF THIS PROPERTY IS LESS THAN$500.00 DEED TAX DUE: $1.65 DATE: ,2014 a FOR VALUABLE CONSIDERATION, the City of Apple Valley, a municipal corporation untler the laws of Minnesota ("Grantor"), hereby conveys and quitclaims to K. Hovnanian Homes of Minnesota at Regent's Point, LLC, a limited liability company under the laws of Minnesota("Grantee"),real property in Dakota County,Minnesota,legally described as follows: Lots 1,2,3,and 4,Block 4,The Plat of Regent's Point,Dakota County,Minnesota Check here if all or part of the described real property is Registered(Torrens) ❑ together with all hereditaments and appurtenances belonging thereta Check applicable box: Grantor � The Seller certifies that the Seller does not know of any wells on the described real property. City of Apple Valley, ❑ A well disclosure certificate accompanies this a Minnesota municipal corporation document or has been electronically filed. (If electronically filed, insert WDC number. ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed By: Mary Hamann-Roland since the last previously filed well disclosure Its: Mayor certificate. By:Pamela J.Gackstetter Its:Clerk ECB-1035 Page 1 of 1 Page 2 of 2 QUIT CLAIM DEED State of Minnesota,County of Dakota This instrument was acknowledged before me on , 2014, by Mary Hamann-Roland, as Mayor of the City of Apple Valley,a municipal corporation under the laws of Minnesota,on behalf of the corporation. (Stamp) (signature of notanal officerJ Title(and Rank): My commission expires (month/day/year) State of Minnesota, County of Dakota This instrument was acknowledged before me on , 2014, by Pamela J. Gackstetter, as Clerk of the City of Apple Valley,a municipal corporation under the laws of Minnesota,on behalf of the corporation. (Stamp) (signature of notarial o�ce� Title(and Rank): My commission expires (month/day/yea� � THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS Dougherty,Molenda,Solfest,Hills&Bauer P.A. INSTRUMENT SHOULD BE SENT T0: � 7300 West 147�Street,Suite 600 K.Hovnanian Homes of Minnesota at Regent's Point,LLC Apple Valley,MN 55124 , (952)432-3136 KJP: 0066-33930 � � , __ �, : � �� , . �,� °` !� _ � _�.�; � 155TH ST W TTA _ � � . � 6 � � _ RK � �� _ u F = "�--: r g� � `� - �3 - � ��- m ' � "�� o � � � _ , � � � 0 jE � 1S7TH ST W Q , .. _ 'j U Z LL QUARRY POINT PARl� � � _��. �t __ ��_ � . _ 160'fH ST W , w� �. _ � � .. aW �. ,�'�ii) � `Q � ,i!�b ii� LOWER 1:61S�T�ST�W ,Z � F�. w= O @��, �, �� I o, <<y �� ! �°oo .yr- 161.ST�STdW �LL W� `� REGENT'S POINT �pe� �� ,�: � � , ;�� . , App�e Va��e `� " �-' � ,/ �, ` J;_.J�� i�_ s �' �� .:;- �'�,}� .� �. 1 i:h., e �:.� ...::..:i— ` � ......... " ' ......._ i ; '� , LOCATION MAP " � µ .�.. � a � , �- �C E�.�� _ � �� . � �� g N � . =� � � W E 'j S R�GENT'S POII�TT KNOW ALL PERSONS BY THESE PRESENTS:The�FlaeMr SaM 8 Agprepe�e,LLP,e Mlrviesde Ilmtted IiabilMy peMarsFip,PWF In vMreea wfiered eaitl PVJF Inveatinenb,LP,e Mi�meaote Nmtletl peMersM1ip,hes ceused Oima presaMa b be¢Igned by e peMw�NIS CITY COUNCII Ime¢MreMS.LP,e MMmaso�s Xmtletl peNwrship.LAR Imes4nenls,LP,a Minrieso�e Pmiletl perhrershy eM Tire City M Apple Velley,e _�y d ,40_ � This pp�wea appmvetl by iM1e Ciry Couricil M IM Ciry ot Apple VeYay,Abmaede iM1is �day ol A5nnawleMUnidpelCoryorelbn,feeownemMlhafolbwlrgdew�IEedpropartyslluelatllniFieCOUMyotDekole,SlaleMMlnneaotntovM: , ' ' �� 20_,eM M1areby cerlifiea compGerica wIN ell mquiremaMS ea eet Imih In Minneso�s&�eWtes,&edion 505.03,SubE.2. 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EXCEPTING tlrerefmm iM1a�wM 625.00feN MiM1a eou1M1 8t500 taetiM1ered. In wHneea wM1ereol eeiE LAR IrrvaetmeMe,LP,e AHnasWn timtletl peNrership.M¢caused Nese preseM¢lo ba elgtnd Gy e peMe��his , AM � _EryM 20 By: M BO.00 lad sinp ot lend ecross�M1el parl of Ne eest 1845.00 fee�N�M1e SoNheas�Querler ot Sac�ion 35.TovmShlp 115,Renpa 20 � - v.filcM1 Ika Oo.001eat on eech¢Ida of e caMerlNa de¢cribed es commarMnp et Ilw aoulhceal�cortrer of eeld east f ea6.00(eet M IM1e � . � CM1eir,Couirty BaeN � SoulM1aes�Quertar,iM1exa on en essumetl beanrg of Noh�00 tlegrees 13 mmutes 34 sacontls Wes�,abig�M1e weM Ilm�M1areol,e � � tl'ale�ce af 1328.W feel to�M1e pd�M1 IN Eaginrwg of aeitl cenle�liire to be tlescnbatl;,3re�a NoM1M1 89 degreas 58 minules 38 sacoMS � p�a�. Eest e dbteza M 1a22.80 feM ro IM moct wesleR�Wrro d Pereal]p aM ParcN BB,es JeplcteJ per Oekotn CaMy RmE RgM MWay lAR INVESTMEMS,LP � MepNO.]BB.ecmrtlNpbUrerecoNetlmepUrereoferNseidcerilarFrelhereteimirrelbg. eMimesotallmiletlpeMership CouMyTreeaurer-AUdAOr � qry By:lA Robaon,LLC e Mlnrpmte 6miled fabilLy unnqerty . The noNr 52500 feM of Me¢oWh 815.00 lee�M�he eesl W ecres of Me Ees�Hetl M�M SoWlrxesl Quahe�of Secllon 35,TowrnM1ip Ila Gernrel PeMwr � � 115,Rarqa 20,UaM�e Cwnily,MirvreaMe. p� gy , ' DEPARTMENTOFPROPERTVTAXATIONANDRECOROS � Tlre rronM1 616.00(eet M iM eoutM1 816.00�ae�ot Il�e weN 1]).601eN of 1M SoulM1een puerter of 3wtbn�5.immnNp 115,fte�ga 20, Llze A Robsm.ib Aleropirg A1ertiEer � � � Dekole CouMy,Mlnmm�e. � PursimM ro MinneaMa SIe1Nes,Secibn fi05.021,3ubtl.B,tuee peyeEb M IM year 20_on Ure bnE Mrelnbelore AescrRred heve . � been pek.Alw,pureueM b Mmew�a SIfIWe,Sstion t)2.1],IMre en m deliryueM lazea eM 4emfx eMeretl on iM1ie_tley M STATE Oi ANNNESOiA Hew wuaed IM1e aeme lo be wvayad aM plened as REGENPS POIIR e�tlo Irereby tletliwb b Ne publk M D��e�o�avar iM . COUMY OF '��- pu01k Neye aM tlreinege eM WIMy eeeai��en�s es createtl by IhM pkt � � Tire foregoleg irreWmaM vre¢eckrrowledgeC before me iM1is Eay M ,]0 by Lva A.Rabwn, In xlhreea wMred wM FbcMr SeM 8 Aggregeta.LLP,a M'xinasdn Ymtletl IiebApy parlrreatdp,by erd MmugM1%a parlrier lAR Mere9lrp MenibarM lA Robaon,LLC,Vp Oeronl Pe�rer oi LAR Invaelnrnle,LP,an EMett W tlre Iln�itetl peMenMp. p4aQO� ImasNreMe.LP,e Minnezda Fmiled pe�mnM1ip,erM by eM MmugM1 ile perl�PWF ImecNreM¢.LP,e AYmeede IimNeJ paM�rm�iD.� DepaMrerrt dPropeM Tme4on eM RewNe ceusadU»¢epreaeM¢bbe¢pmdLyepeNrerUd¢_deyM 20_ NomryPUWk, Coumy,Min�reeotn CWMYRECORDER FISCHERSNN08AOOREDNTE,LLP FISCNERSANDBAOGREOATE,LLP . � MyCOmmicnianExpirae e Minrerute limiled bebiliry parinereM1ip e Minrreeola limM1etl Rebi6ry peNrership , I Mreby ceNfy iM1el Wa plet d REGENTS POINT wae Hed in Ne�ce d IM1e CouMy RecoMer for publ'c rewrtl an Iire_dey M By:LAR Imsb�nMa,LP,a Minneaote limiled paNcenkp By:VWF ImaeManb,LP,e M wle limtletl peNrersM1ip �n wilnasc wlrereot TM CMy M Appk Velby,a Minneeote Municipel Coryaa4on.lea ceusatl Ureae presaMZ b be sgrretl by ile Proper .��-. -o'cbck_M.,enE xns tlWy filaE in Book o�%e4 on Pege Ih peNro� � Ile Merreglig PeMer� es Owume�rt Number orc�.rem�. aeya .zo_ � - By:LA Rob¢on,LLC,e Ndnm¢ob Amiletl IIebIXy comperc� By:PWF,LLC,e Minnaeme IMi�etl AeEiliry campemy , � Ile Oenarel Pertm� . pe Gerrerel Pohrrer THE Cltt OF APPLE VALLEV By By � CouMyRxoNer Llxe A.Robson,AMriepin8 Member Peter W.FiecM1er,Meregi�Member � �m � � Ciry Clark STATE OF MINNESOTA STATE OF MINNESOTA CWNTYOF CWNTYOF � � me roreeohe uaw�m wes ectmvnedaed uarore me u,�s tley o( ,30 by Lue A. 7��orego4g IicWmerM1 wn eekrovAedged before rtre tM1ia tlay M - , 20_Ly Robson,Me�mgl�g Member M lA Robaon,LLC,iM1e Oemrel Periner at LAR IrrveeMeMe,LP,e peNror of FiscM1ar SeM&Apgrepete•LLP• ,Meyor eM by ,Ciy Clarh tw TM1e CM1y ot Hpple Velky, onbaFalfMihellmNedl�edliryperlrereM1ip. � eMimwoleMUmcipelCOrporeUOn.onbaM1elfofNaCOryorelioneMpunueM�oeWwrityfrvmNecouroil. . � Ndery Publk. CourM1y,Minrreeotn . ' My Commiaion Expires - � Nobry Nblic, CouMy,Min�SMe - MyCommimianExpires �� STATEOFWNNESOTA � � � COUNN OF I,RueaeO P.Oamb,Eo haeby caN(y iM1el lhis plet wes prepered 4y ma or uMer my Eirm�euparneion;Nel l em e tluty Lkuaetl Lend � Survayor in the Sleta of MinnesWe:thet ihk plet b e artad represamation M�M1a bouMery survey;dat eq melhemeNml deb eM bbak ere � TM1e Megoln8��wmeM wna eckrawleJgeJ before me Nk Cay of ,]0 by Peler W. wrrecUy Oasgneletl on Uds plet;WI ell rtwnumen�s AepineE on tM1ie ple�M1eve bean,or xill be wrrec�ly sel wihin ona yaer,ihel ell weter , Fiecher,Menagiig Member ot PWF,LLC,�M Oemrel PeMm M PWF Im�esMeMe,LP,iM1e 0.feregbg Pahirer of FiecM1er Serk 8 Nggrege�e. ��as aM we!IenJa,ee Eefiretl in Aimeeole SteWlea,Sec�ion 505.01,SubE.3,en M Ne dele M iM1�caNkxte ere aMxn eM lebebd � � . on iNa ple�;eM eY pubWc weys ere aM1Own enC bbeleJ on IMS pleL , . LLP,on Ee1nMMiM lunitetl Rabiliy perhrereM1ip. � oe�eem�s_m ,za � Notery Publk. CaMy.Mlmasote � Russell P.Demb,Lentl Surveyw , � . Minnasole Llmroe Ib.�eoea . � AfyCOmmiuionEapire¢ , � . � . ' � STATE OF MINNESOTA CWNTYOF T�b IneWrtroirt was eckro�Netlged bebre me�M1is_tley ol � ,20_,by RueeM P.Oemb,Minrewb � � LkeirteNO.1BOB8. � � � . Ndery PuElio, Cou�M1y,Minnesole � My Canmiubn E�ryren ' � NGINEERING ��g . �COMPRNY, ING.nN � . � � SHEET 1 OF 3 SHEETS REGENT'S POINT '� I' �` � , I �. � � zoa o po ,00 � I I �' . ., . . '. 1 . .. „ '_ , ,' .= I`:rs I SCALE IN FEET \I �� ::. 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S88'S8�39°W 300•00'21�E � � - � � 57.41-� ' �\ p=7'P51�31" . I`-l0.00 S89'89'39"iY N00°00�21"W � � . � R.q40.00 800.00 SB9°59'39"W 30.00 1738.07 NB9°57'42"W I A=17°b0.00 \\ 230.65 I S a� . s � S _ ��-oii es�eer�o�eECCr�wrv�� 3°oF ., 32.92-� I � {{�68 oox�e�e �E- ___ _ _ _ _____ _ _ ___ - ___ _ mero _ _ - _! _ _ _ _ _ - � I ypByS „'.s'a,'a�ao n___ ' ___ . ___ . _ . �� i s y� ---'y' 757TH �ooP� S STREET WEST' �� „e sm°z se azes�8 � g .z Is�. zsoaa +�o.00 - ' a:iao�� 1os� . li � � 1022.84 8 I e.n sa�o' p.1t°81'Jt'. �100�1 0� 1 . �r°°�� w � �� p��p8� 9 �� '�S NBB°68'38"E z.re e,ii�ss�a? �� i�o. � �o's°3:o �� e °a� wl� �,e��''s ��71��a12�e�� . � � a"R 7 A\\x& 5�:°$"'��a$��" a��" � ses°as�asw ` �iiQ ��.�\F4a�>�'RI°,�� a��JL JL J �0� 6 � . ' I . . � ¢0 �8,.v.s�.�o,<.o:�iv.•. °"yWAY ro��"' g�sas°aaww � . � �s e,BO.��¢a� , "_ . ___ . . L�+a��sasw�s � e�as es �� ao1°0.ro m g �ao 0o DETAIL A . . $ � �— � __--_ __,_ '?'� ;.e��a�8 �' °° 81 I'0 I& 81 �,H,�+=�,7 � " ,.� 5 ,;g �°c`13 � Ls�� w ��boo_f � _ . II� re.3—°rsr J�_ Le9•-� �'2�$ w �eY2e g �r�i 1 � . OUTLOT D I L-9�4,a� $-°-°�giz 1-==—J ai �'-�J ;„:,a,o. J� �=J �,�� a9.3 ffi ��`3�`� =q:8�,g �2.�J z�a L��_J $�:� �� '� � � s W y� p�:a L�w _J �,:&L�'._;�J �'�� °°"��s= a/ �;ti=�".� LL LB?o� �a�4a=J �' �,�oo J�y 2 C �ti—,� —J ,aog � �� > �'°'"el ,,.,;,,��m-� ra$ �a,<�•°°9� L��a J w �,b�J "s�.�� `\�,a a�e I='��_,w —� �� wo � � ��,y°�p�,�`,� ��•��;"w��s.e`� Q ' g s g OUTLOT C -J LB9•-J w H ; � , M �sa\ �� "a�sl/„_-— — .ER aF . � ,, ny , .,, b -- r s1 - �;a��'ASa�:ss��o"�R��Aa "eg��° ,�,,� sr - �"�>y ,8 ��0�7$ m arnmsse,ew %m 'w a �� s l l Q a RFF T,�. J L\�)e�.e� r��a�.�°'_J �z . . Hai z aw � ��°'� .1 n? �� \��w Q.�� —— � � w , �� .,�w,e� eo�s�ow�A.A�,s,.,�.E . � �N //�BZC�s �q � w�FST�Fr," m� m ,i=J � �Ne�au,psnm�MOx�ExrssHniieE � z �` / 3'��.� �� n� �/¢ � �J`�a ^'�d/'��.ds5'��:>�° �,� �.;y�, sea:ea�9e^wisw . � . °�Ehs�x��MeE;eaeexr.wH�MEw,sucaKEOar $ ��V I N�O1e��JCa?�ll�6��7 3�� O sETMnRKEOBYLICENSENUMBEftEeo88, �w �l` ;�j/s k� =,a �h�ESSO, sES�ow�, � � � �� •oE�o,ES„z Ro�Ma��ME�,�o��. �'°JLe g OUTLOT A °f z ^a i sz>,J��, saa•zoo,�EZO� ��ESSO,�Eaw�sES�ow�. . �Q. .�,�E�:�9� ai.ez ` � corvnc�ousa�nroA rvce RonKOrncourviv ' OUTLOT B �$ - I-- ----- � �w oR.� .aE ' '"� EnSEMEMTS 1 , �� s�ow�.� � � � .�:k i i _ $,o , ,zoo, _�_ a�EO,.,a, �.�.�� --- ,s,--- z,,z °� 0 0 o e o—o o—o g� 0—o��4ao,a�� o'° o 0 o—oe o �s —J��— — — � g COUNTV � STATE � AID —a2s.� =z9�E= g HIGHWAY NO. 48 8 � . . _ 8r —1—� �1—— � = � ..,,,�.;°'r•.:r,.��y ..,,... - ..,.,, ..... .�r•� ii, :::r: .,.,-. ii;tr.�.;.,, �.......... .....::�.:; , :°:r,r ��•.,.. ..,.. • �� - . �8 .,,.ry �f ^ ..,.. ___em.�e___ :i�r..::•, R e.saa.nexcoc',,ry,°:,•: ..,t:*`.ii ^i - '. ___,m.o�___ ., .. .. �.x. �.... .... B20.19 � I01920 � � N99'57'42"N � �-soEUC�onco.rnw.� 'r'orex.oe , N89'5B'IB°i4 1-so�m�meor.�ssu�oraec.wuae � � uNes,un�essolHeawiseworonreo. or ROBE iwo"us�°e w"�'u su+�.ars N6INEERIN6 COMPRNY, INC. SHEET 3 OF 3 SHEETS REVISED AND RESUBMITTED PETTITION P�TITION T0 SAVE THE D.N.R.'S PROTECTED WATERS AI�D WETLANDS IN APPLE VALLEY SOUTHEA�T REGATT�,'S LAKE(POND)AREA•PROTE�T THE GHILDREN'S WELFARE• PRESERVE THE WEI.RAR�OF THE V�RMILLION RIVER WATEI�SHED AND WILDLIFE REFUGE HABITAT THERBOF. . ,,._. _.. �— Description of t11e��roposed,�roiect:Regent's Point(Proposed"Quarry Ponds"subdivision that will create 76 single-family residential lots ar�d 5 outlots on 56.b4 acres) and Quarry Ponds West(proposed subdivision that will create 33 single-family lots an 10.5 acres) site is tocated north of 1b0�Street West (CSAH 46),approximately 1/z-mile west of Pilot Knob Road (CSAH 31).� The praposer of the projeet is *(*ARCON LAND II,LLC.&*ARCQN LAKD III,L.L.C.&*FiSCHER SAND AND AGGREGATE:350 Hwy 7,#125,Excelsiar,MN 5533i/744 Soutticross Drive W.Ste 103,Burnsville,MN 55306/14b96 Galaxie Avenue,Burnsville,MN 55305) A Descrip�on of the potential environmental effects which may result from the project and types of environmental impacts are: Wetlands,Regatta Lake (Pond),Vermillion River Watersk�ed,Erosion,Storrn water run-off,Wildlife impacts,Rare and threatened or endangered species impacts,Native plants, Wastewater treatment, �round water�contamination,Soil contaznination,Increased car and commercial traffic,Decreased air quaIity,Historic fence,Noise,Odors,and Visual impactsf Si�nificant environmen al effects of"Regent's Point(Quarry Ponds)"&"Quarry Ponds West": • Heayy vehicle Traffic on residentiai streets of Regatta and Lakeville. • Heavy Traffic creating unsafe risks for Children at piay and use on�residential streets. • Higher Density Haasing of Quarry Ponds causing drop in property values,with probtems, • Destruction of the Vermillion River Watershed's Home to Wildlife of Apple ValIey Southeast • Excessive harmful Dust and Noise fram the Gravel Mining before,during development. • Aestruction of 20-year-old,2580 feet shoreline of Lake•adjacent to,Fennel C�.,&16fl�St W. • Proof,Material Bvidence indicating,due to the nature or Iocation of the proposed project, there may be potential for significant environmental effects.(See attached Appendix). Minn.Admin.Rules 4410.43001�Iandatory EAW Categories that apply. -Subp,12.Nonmetallic mineral mining,"B,...for the extraction or mining o€sand,gravel,stone,or other nanmetalIic minerals,other thanpeat,which will excavate 4U or mare acres of land to a mean depth of ten feet or mare.during its existence.." Already almost 3UU acres open gravel pit mining,this project will increase the mining acres more and destroy the DNR wildlife(hame) Refuge Habitat Lake(Pond)� - -Subp. 15.Air pollution."modification of a stationary source facility that increases generatian by 250 tons or rnore per year of any single air pollutant..:' See gravel mining pictures of dust. -Subp. 1S.Wastewater systems. "Far expansion,madificatzon,ar replacement of a municipal sewage callection�ystem resulting in an increase in design average dafly flow of any part of that sy�tem by 1,OOQ,�000 gallons per day." � -Subp,19.Residential development. "the RGU shall use as the number of units the product of the number of acres multipiied by the maximum number af units per acre allowable under the appiicable zoning ordinance""D. 2S0 unattached units or 375 attached units in a city within the seven-caunty Twin Cities metropolitan area that has adopted a camprehensive plan under Minnesata Statutes,section 473.859." Quarry Pands and Quarry Ponds West violates Subp. 19. -Subp.26.Stream diversi€�n."For a diversion,reaIignment,or channelization of any designated trout stream,or affecting greater than 500 feet of natural watercaurse with a total drainage area of ten or more square miles..." Quarry Ponds(Regen�'s Point) &Quarry Fonds Westviolates Subp. 26. -Subp.27.Wetlands and public waters."A. For projects that wilI change or diu�inish the course,. current,or cross-section of.one acre or more of any public water or public waters wetland except for those to be drained without a permit pursuant to Min�esota Statutes,chapter 103G." Quarry Poncis(Regent's Point)&Quarry Fo�►ds West violates Subg.27. -Subp. 31.Historical places. federal policy on lands,wildlife,and waterfowl refuges,and historiic si��u��uant to United States Code,title 44,secdon 303,or pro�ects reviewed by a local heritage -Strbp.l.Thre.shold test, Multipie projects and multiple stages of a sin�le project that are connected actians or phased actions must be considered in total when comparing the project or projects to t�te thresholds-.s�f this part. -Subp.20.Wedands and public waters.For projeets that will eliminate a public.water or pubiic waters wetland,ttie Iocal gvvernment unit shall be the RGU.Quarry Ponds[Regen�'s Point) & QuarryPonds West violates Subp.20 by destroying the DNR wildlife wetland refuge habita� CITIZ�NS REOUEST: THAT EOB ASSIG� RESP�NSIBLE GOVERNMENTAL UNIT(RGU) TO COMPLETE AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAVt� ON PROPOSED PRO�ECT"REGENT'S POINT (Quarrv Pands)* &"QUARRY PONDS WBST*" (Minnesota Rules state that: "The RGU shall order the preparation of an�AW if...the proposed project.,.znay have the potential for sigrziftcant environmental effects."� . PETITION: WE. THE UNDERSI'GNED.AREASKI►NG THE EQB&RGU FOR AN EAW A1VDfOR EIS BE DONE: Principat PeCitioner:Gene Rechtigel,Sui Juris,6533160ST.W„Apple Valley,MN 55124,Ph,952-212-1234,Dated May 30,2014 Name Address � Phone i nature 1. 2.ATTACH TO THE �.68 SIGNATURES OF PETITION 3. 4. 5. 6. 7, 8. 9. 10. 11. 12. 13. 14. 1.5. ��N�S�� , �` �,'� .��' '�' �. � � - VlA�E-MAI;L(c-�v..e.r Iette�anly) . o � m U.5.1�4AIL(caver letter&petitiii:r� : 2,2��'�Al;,�t�-��s. . Environmenta:l C�uali'ty Board � 5Z0 laf.ayetie:Etpa:ck.�torth Sain[Paut,P�N�5155 . . • 4i June 16,.2�3� . Toi-�:Cov.elace . - _ • Cit�Planner . . 72Q014:?"'St:.VV.: - Ap:p(e 1(aileyi 1VIN;�5124 j RE;; Gitrz��s Petitian.for�n E�VtI for f(ie Cr�y af Apple Vafley,F�egent's Point and Qi�a!"rY F`onds�Itest I�.e�r�Ni�..tovetace; � The:�:i�vironm.ental quals�[y Boa.rd{�QB}hes recei�r�d a pet"ition req.ues�trig t7iat an Environ�rtent�l. � �. Assessrrient.Work�he.e.t(EA1Nj�e�irepared on the . ; . pr�j;eet described in the:petitiari,and Mas�etermiii�d tftaf the city of Appfe Ualley i�t.he apprnpriate:governrrrenCal uni�to'd�cid.e the need.for an EA�1. Th:e req.uirem�r►ts for enviroxrr�e.ntal review,irt�luding the prepara��.n�f an EAW,can.be frru_r�d�n.the - �I'innesota Rttles,chapter 4.414,Tlie proced�r�tra be foliov�er�i�,�ia(c►ng the EA1JU cl�cis�on are 5ei forih �n part.4410.11�.Key poi.nts in the p.race�:ures.ii�clude: , 1. l�o:.�na.l gi�vernment approvais ma�be:given to the project r�arried in:�he�#ation,.rto�r�zay con.s�ru.ciion o.n the pr�ject be start:e.cl unti(tiie ne.ed for an�A1N has.6eei�cl�t:e�rfninerl,Project. � constr.[�c�ion.inciu�}e�any actiiui'�Pes vuhich c#irectly affect tFi.e enuiro,nrnent;i.neludirig pr.epara.t.ion_ fff iand.If the de.�isi.an is to.pre:pare an EAW;approvaf rtsust be udi�held u:ntil ei�her a Negafive �feclaratian is�s�ued rar an Env�ronmental lmpacf�#atement(EIS.)is co.rnpl�te�l {see part: 4410.3100,subpart 1�. 2. A first�tep in making ihe decision regacdi�g.tF►e need for ar�.EAW vvould:be to:com.p.are the praje:�C to the mandatr�ry EAW,EtS�an€f Exemption categaries listed in parts 441(�.43QC1, A4.1�.44Q0,anci 441�l.4600,respectivefy. If the pr�ject should fall ur►der an�r of these catggories, �it�ti'runmentat review is auto�i�ati�al:l.y require.d or`prcrhibited.I�'this shauld be the case,proceed atc�rdingl�: 3, !f preparation af dn EAW i�iiei.ther rciandatgry no�exempted;tli�cit+�F�as th.e.option to pre.�,are ar�EAW,The:S�andard ta 4e us.er�to decide i�a.ri�AW shou[d:b�efane is given in part 4�1(3:1.1;fl(T, su.bp.6.N:ate Ci�at this requires that a recori�of declsion, incFu�ing specifie findings:fl.f fact,be , � rtiaintained� 4. You are.aliovve.t! up to 30 wcir�irig days(5afiurd.ays;.Sundays a�rl�Solidays do not coimt.}fo'r yaur decisio:n if it will be mad:�by a cauncil�boa�d,.or other I�bdy�h�eFi mee.ts only perio.clicaifiy,ar 15 � working days if it will be made by a single indirridual.You may request an extra 15 days from the EQS if the decision will be made by an indi�idual. 5. You m�.ist no#'rFy,in writing,the proposer,the petitioners'representative,and the EQB of}raur decision within 5 working days.i uvoutd appreciate if you would send a copy of yaur record of dec'ssion on the petition along with notificatio�of your decision for our records.Th'ss 1s not required,.however. 6. If for any reason you are unabie to act on the petition at this time(e.g.,no application has yet been�ted or the. appticati�n has been withdrawn or denied),the petition will remai�in efFect for a period of one year,and must be acted upon prior to any final decision concerning the project identifed in the petition. Notice.of the petition and its.assignment to your unit of government will be published in the EQB Monitor on June 23, 2014. If you have any questions ar need any assistance,piease do not hesifiate to call me.The telephone number is 651-757- 2873. Sincerely, �h�� - �� Caroline Magnuson Planner En�iranmentat Quality Baard CM:bt Enclosure - cc: Gene Rechtrigel and Sara Rechtzigel(email only) � . Will Seuffert, EQB Executi�e Director(email onlya S . g, l �� CITY OF APPLE VALLEY RESOLUTION NO. 2014- DETERMINATION OF NEED FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET REGARDING REGENT'S PO1NT AND QUARRY PONDS WEST DEVELOPMENT PROJECTS WHEREAS,the Minnesota Environmental Quality Board(EQB)received a petition requesting that an Environmental Assessment Worksheet(EAV�be prepared on the Regent's Point and Quarry Ponds West development projects, located north of 160th Street West(CSAH 46), approximately '/2-mile west of Pilot knob Road(CSAH 31)("Proposed Projects"); and WHEREAS,no final government approvals may be granted to the Proposed Projects,nor may construction on the Proposed Projects be started until the need for an EAW has been determined ; and WHEREAS,pursuant to Minnesota Rule,part 4410.0500,the City of Apple Valley("City") has been determined to be the Regulatory Governmental Unit(RGU)by the EQB; and WHEREAS, mandatory thresholds have been established by Minnesota Rule,part 4410.1000, and the RGU must determine whether the Proposed Projects require the preparation of an EAW; and WHEREAS,pursuant to Minnesota Rule,part 4410.1100,the RGU shall make a decision regarding the need for an EAW in accordance with pursuant to Minnesota Rules,parts 4410.4300, 4410.4400, and 4410.4600; and WHEREAS, pursuant to Minnesota Rule,part. 4410.1700, Subp. 7, in deciding whether the Proposed Project have the potential for significant environmental effects,the following factors shall be considered: A. type, extent, and reversibility of environmental effects; B. cumulative potential effects. The RGU shall consider the following factors: whether the cumulative potential effect is significant; whether the contribution from the Proposed Projects are significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the Proposed Projects comply with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the Proposed Projects; C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the Proposed Projects; and D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs (Environmental Impact Statements.) WHEREAS,the RGU must either order the preparation of an EAW if the evidence presented by the petitioners to the RGU demonstrates that,because of the scope,nature or location of the Proposed Projects,the Proposed Projects may have the potential for significant environmental effects, or must deny the petition if the evidence presented fails to demonstrate that the Proposed Projects may have the potential for significant environmental effects, and WHEREAS,the RGU must maintain, either as a separate document or contained within the records of the RGU, a record, including specific findings of fact of its decision on the need for an EAW,and WHEREAS, at eight public meetings,that included three public hearings,the Proposed � Projects has been reviewed and discussed by the City with full presentations offering information !, on all aspects of development;private development,public infrastructure, environmental ' evaluation and materials related to the discussion of the Proposed Projects;the minutes, documents ' and testimony of which are made a part of these findings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that the following findings of fact are made concerning the petition for an EAW in connection with the Proposed Projects: 1. The Proposed Projects have been proposed by Arcon Land Arcon Land II, LLC, Arcon Land III, LLC; and Fischer Sand and Aggregate, LLP ("Applicants") and are located in part of the South %2 of the South 1/2 of Section 35, Township 115 North,Range 20 West,Dakota County. This area is generally described as lying north of 160�' Street West(CSAH 46), approximately 1/2-mile west of Pilot Knob Road(CSAH 31). 2. The Proposed Projects have no direct or indirect mining operations associated with them. The grading activity associated with the preparation of the site for single-family development does not qualify as mineral mining under Minnesota Environmental Rules; however, the activity is regulated by the City under a natural resources management permit. 3. The Proposed Projects have no direct or indirect mining operations associated with them that would create air pollution. A certain amount of air pbllution in the form of dust may be created under certain conditions during the construction period,typical of other residential developments. These effects will be mitigated by appropriate methods commonly enforced in the City to control dust. Dust control is required under City Ordinance Section 152.16 and under a natural resources management permit. 4. The City ordinances regulating unattached single-family homes do not have a specified maximum number of dwelling units per acre. 2 5. On January 9, 2014, The City rezoned the property comprising the Proposed Projects from "SG" (Sand and Gravel)to"PD"(Planned Development) directing the establishment of an ordinance consistent with the Proposed Projects. 6. The Proposed Projects have a total of 109 unattached single-family homes,which is significantly below the 250 unattached units that would require an EAW for a development in the City. 7. The Proposed Projects are not connected to other actions proposed by the Applicants. Existing completed residential developments border the Proposed Projects on the South& West; City-owned Quarry Park borders the East and the land bordering to the North contains active sand and gravel mining under current City ordinances and a Conditional Use Permit for sand and gravel operations. 8. The area of the Proposed Projects that is to consist of the residential units and upon which the City's Pond WVR-443 is located has not been previously mined or used for a purpose other than farming. 9. The Minnesota Department of Natural Resources("DNR")Public Waters Inventory Map shows the unnamed tributary to the North Creek of the Vermillion River in the Quarry Ponds West project area. Regional surface water flow to the unnamed tributary was diverted through the construction of a trunlc storm sewer in 1997. Representatives of the DNR have recognized that the tributary has been degraded over time by farming practices. Subsequently the surface water flow has been captured and directed into storm sewer pipes that currently discharge into the City's storm water pond WVR-P443. The City of Apple Valley has requested the DNR to remove references to the unnamed tributary from the Inventory Map. 10. The Proposed Projects are located in the 4,188-acre(6.5 square miles) drainage area of the West Vermillion River District,which is less than ten square miles. If the Proposed Projects affect more than 500 feet of a natural watercourse,the drainage area impacted is less than the size that would require an EAW. 1 l. Pond WVR-P443 ("Pond")was constructed by the City in 1995 for storm water detention and to manage the storm water runoff flow rates prior to discharging from the City into the City of Lakeville. The Pond is an integral component of the City's public storm water drainage infrastructure. It is not identified on the DNR Public Waters Inventory. 12. Surface Water Management Plans ("Plans") of the Cities of Apple Va11ey and Lakeville,as well as the Vermillion River Watershed Joint Powers Organization, specify peak discharge rates for the Pond. The expansion of the Pond, in connection with the Proposed Projects,will provide additional flood storage to meet the intercommunity peak discharge rates pursuant to the Plans 13. At the time of construction,the area of the Pond was farmland,with no trees,native vegetation or significant wildlife habitat. As part of routine maintenance of the Pond,trees and other vegetative growth and collected sediments need to be managed, and oftentimes 3 removed,to maintain the functionality of the storm water detention. This removal will impact wildlife that inhabit the Pond and the surrounding area, which impact is incidental to the primary purpose of the Pond, i.e. water storage and controlled flowage. 14. Under Minnesota Rules,the Pond qualifies as an incidental wetland and is thus not subject to the Minnesota Rules and regulations governing the conservation of wetlands. Minnesota Rules,part 8420.0105, subpart 2, item D provides in part: Incidental wetlands include drainage ditches, impoundments, or excavations constructed in nonwetlands solely for the purpose of... storm water retention or detention, drainage ...The City's Natural Resources Coordinator and the Dakota County Soil and Water Conservation District staff have reviewed the Pond and find that it is an incidental wetland and not regulated under the Minnesota Wetland Conservation Act. 15. According to the City's Natural Resources Coordinator,the Pond may have attracted some wildlife; however,the Pond is not a federally designated wildlife refuge. The Coordinator has visited the area of the Proposed Projects and further opined that terrestrial or aquatic wildlife will return in numbers and diversity at least equal to the current community upon completion of the Proposed Projects. 16. The DNR has approved a permit(Public Waters Work Permit No. 1995-6177)for modifications and expansion of the Pond, in conformance with the Proposed Projects, in relation to the adjacent unnamed tributary. Modifications to the Pond will provide additional intercommunity rate control of water discharge and improve the water quality of the water that flows to the Vermillion River. 17. The area in and around the Proposed Projects has been the subject of six different environmental studies reviewed by the City over the last 20 years. The content of the studies, finding no environmental concerns with the anticipated residential use for the area are adopted herein. The most recent Alternative Urban Areawide Review was prepared and reviewed by the City in 2007, since that time no significant development has occurred in the studied areas. 18. The Proposed Projects are consistent with the land uses anticipated in the environmental studies. 19. No recreational trail is proposed to be constructed within the Proposed Projects adjacent to or near the Pond. 20. Traffic in connection with the Proposed Projects will be managed in accordance with the City's Comprehensive Plan and its transportation policies. 21. Destruction of a DNR wildlife refuge or a shoreline will not occur, as there is none located within the Proposed Projects. 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, . Dakota County, Mmnesota,that the Proposed Projects do not meet or exceed the thresholds mandating the preparation of an EAW under the Minnesota Rules. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that there is no need for an EAW to be made for the Proposed Projects. BE IT FURTHER RESOLVED that copies of this resolution be sent to the EQB for publication of the notice of decision and findings in the Environmental Quality Board Monitor,to the petitioner, and to all other persons who might request a copy. ADOPTED this l Oth day of July, 2014. , Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 5 •ss s. g.� •��• •��• •�s• •��. City of App�e Va��ey MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: David E. Bennett, Asst. City Engineer DATE: July 2,2014 SUBJECT: RESOLUTION APPROVING QUARRY PONDS WEST NATURAL RESOURCES MANAGEMENT PERMIT On June 26, 2014, the City Council approved the preliminary plat for Quarry Ponds West, a 33-lot single family development. The applicant, Acron Land III LLC, has indicated they would like to complete the grading activity associated with the development. Acron Land III LLC has submitted a completed Natural Resources Management Permit (NRMP). application and a Natural Resources Management Plan, which staff have reviewed and found to be compliant with City Code. Due to the size of the project being greater than 5 acres, City Council approval is required. NRMP securities will be collected from the applicant as a condition of NRMP issuance to assure erosion and sediment control for stormwater quality and restoration of the property. Public Works will inspect the site routinely for compliance. Recommended Action: Adopt a Resolution Approving the Natural Resources Management Permit for Quarry Ponds West upon receipt of approvals and permits from all State and Federal agencies and resolution on the unnamed waterway from the State. DB:cg c: Todd Blomstrom CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION AUTHORIZING A NATURAL RESOURCES MANAGEMENT PERMIT FOR QUARRY PONDS WEST WHEREAS, Acron Land III LLC has submitted a Natural Resources Management Permit application for Quarry Ponds West, with land disturbance over 5 acres; and WHEREAS, the Council has considered said Natural Resources Management Permit application and plans dated March 27, 2014, and found them to be in compliance with City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota that the Mayor and City Council hereby authorize and approve the Natural Resources Management Permit for Quarry Ponds West as proposed by Acron Land III LLC, subject to receipt of applicable approvals and permits from all State and Federal agencies. ADOPTED this l Oth day of July, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk REGENT'S POINT � �� I Regent's Point I ' ° �' •'° Quarry Ponds West� I � NRMP Permit Area I � SCALE IN FEET � I c� I NRMP PermitArea �I ( �r I � SBO'68'39"W_ �� 6T.A1�� J II I 4� pot'7'�1'31" i.�0'Otl'21"E � �NO'W'2L'N _. 17W��740.00 �391/ � I I N89'57'4E"P"_ � --. J � 32. �O.d4 ' _ _ u t . _. — _ — _ __ n:a�- - __s •r-eg c 1 _ — _ _ -: /"� � 1 . . .... t � 10 12 ' N89'69 90 � 'nr.0 x�enwos I —I I ! F-- � S 5 �3 OF �� . I _ I I I � 6 13 � � t_. �� FI q 1 2 3 Z Q � .l. .L. ( I EI � . �ows___ . "—_..___ �= y to 3 TLOT� ----_._. .__;_ I s s � ' ► .� � � � i e � � � Q ��_ � ' � 1 8 � � ,, 3 4 � EE7S OR 5 8 INSR.r �j � ( I I � � �� ' e -i- ' ... � � I I � � � , � T T `:. ._ � � �_ — — 'H[{0'JR�LINEOFT11E8CUT.,EnSOUPIIiLNUI' _._ — •• ••"•• ai1�1 f ';TQ.. !f�' J.t.j ., "'�w�empeTMrn�rn _ ORNl9�6W ANAESU1iC0�EA�HG OAD . NO.;.:+ .:i i;i'.::;:•:�� aECruu ii.�.F:CTH. ;.t:u:�::'�'�,... . 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' —`�,'�:�% O^EHOiE81R"BY tv IxN MONU ENT � LLI - �... \ 6E'RWtl(ECBYUCEHBEN�M9E31t0�. `) �-: ',{:1:�;"...u.1i1.... . .:NLEEffiOT�VliWKlSNOVfA. .. 4 �p@IMYTEp1<'Rt6NAY.1NU1}ENiFO11N1:, .. ll. � f'•j� \ UWc88OTHERA'IS_�SH�'M. ._. a ... \. . . � . . � WUIV}3?�fA UTILITY EM1SEV:ENTS � � R�R410Y,'v TN9 I I I I s� I � _�_J �_�_— �— �— OGNI{A�kl-1N'M��N AN:�C.IfiMNG 8NE . � IOT�tl1FP.UME8301NERVr1d8NJICr1TEO. ° 1XU IUtbE11Y n9Uh MIO AISRY`EN3 dT'rttT RI'ul-'4+HFY L�EBaORERa Lci IJNEB.UYrLE880'+8i`.^Ad?NqGTEO. noee ��"..� NGINEEBRIG COMPRNY, MK. SHEET 2 OF 3 SHEETS ... 5 . 8.8 .... ..... :::• City of App�e Va��ey MEMo Public Works Department TO: Mayor, City Council, and City Administrator FROM: David E. Bennett,Asst. City Engineer DATE: July 2, 2014 SUBJECT: RESOLUTION APPROVING REGENT'S POINT NATURAL RESOURCES MANAGEMENT PERMIT On January 9, 2014, the City Council approved the preliminary plat for Quarry Ponds (now called Regent's Point), a 76-lot single family development. The applicant, K Hovnanian Homes of MN, has indicated they would like to complete the grading activity associated with the development. Included in the plan is the expansion and grading of the City pond known as McNarnara Pond, which currently exists on a separate City owned parcel. The Natural Resource Management Permit (NRMP) along with the development agreement will allow for the grading activity to occur on City property. The applicant has submitted a completed NRMP application and a Natural Resources Management Plan,which have been reviewed by staff and found to be compliant with City Code. NRMP securities will be collected from the applicant as a condition of NRMP issuance to assure erosion and sediment control for stormwater quality and restoration of the property. Public Works will inspect the site routinely for compliance. Recommended Action: Adopt a Resolution Approving the Natural Resources Management Permit for Regent's Point, subject to conditions specified within Public Waters Work Permit No. 1995-6177. DB:cg c: Todd Blomstrom CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION AUTHORIZING A NATURAL RESOURCES MANAGEMENT PERMIT FOR REGENT'S POINT WHEREAS, K Hovnanian Homes of MN has submitted a Natural Resources Management Permit application for Regent's Point, with land disturbance over 5 acres; and WHEREAS, the Council has considered said Natural Resources Management Permit application and plans dated June 6, 2014, and found them to be in compliance with City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota that the Mayor and City Council hereby authorize and approve the Natural Resources Management Permit for Regent's Point as proposed by K Hovnanian Homes of MN, subject to conditions specified within Public Waters Work Permit No. 1995-6177. ADOPTED this lOth day of July, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk REGENT'S POINT � �� I Regent's Point ' ° =`° ��° Quarry Ponds West� II � � NRMP Permit Area I I � SCALE IN PEET NRMP Permit Area �I i �� ' � ��o•as-�_ �� I � � 67.�1 � � j N89`57'48'NI�°17�Qp� A°7 0 0!' �,�ffOU'21"E 6 39'1P _ � �tltl'00'21'A ,� I � . x�rmiinro�nrw�.m�� J I 32. R.,88�' ' ' . '.. ' __ _ _ __ - ` � I i F t�i?it� $ -' Yl.eS- -q t I 10 12 / N89'S9 99 , ' � � I . . M" � 8 73 Oi an�.awer_ccnou.s � . i_. l0 ' � 4 13 2 2 � `1 I ( I I I ' � �el1 Z� 3 � . 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II � ,� �\ ♦PPNOTESts'NYON1,Y.f`HNIEMFO�eI�:� I _' F_.'it � UYLi380THEqiMSEBNJ`'rN. I •-• , ••• . \ . ORAI\A3eANOUTI.ITYEM1BEVEMS III � I.NE eNOYN T11UC '� I � I I I I °-1 � ' �.. ' —�—J _1-- �—�� OtJNf!fi�El-k!YM�TN lIF 4CJOMlItK.&DE ' � oi,.IHFn,UKKEBSOixEMWEE WJIGTED. �� P.NUIOFlk114N1U1}ANOAdICINIVS � , � BT��E T MuY�-0+'IIFYL�f.E6 RN�RERi lCT ' . . � UNES.l1�LE88Y-E4ntda HOICATEO. � eoeE ��,.�„ NGINEERIN6 COMPBNY, MK. I SHEET 2 OF 3 SHEE7S I II I �1111 MINNESOTA DEPARTMENT OF NATURAL RESOURCES tr��„� � Amended Permit Number Public Waters Work Permit 1995-6177 ��s : w;, r Expiration Date: 06130/2019 Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit application, letters, maps,and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. This permit supersedes the original permit and all previous amendments. Project Name: County: Watershed: Resource: N/A Dakota Mississippi River-Lake Pepin Stream/River: Unnamed to Unnamed(19020a); Wetland: Unnamed (19034900) Purpose of Permit: Authorized Action: Culvert Construction/Modification/Replacement Modification of the pond north of 160th Street as originally permitted in accordance with plans submitted with the 2014 permit amendment. Permittee: Authorized Agent: APPLE VALLEY, CITY OF N/A CONTACT: MANSON, COLIN,(952)953-2425 7100 147TH ST W APPLE VALLEY, MN 55124 (952)953-2320 Property Description (land owned or leased or where work will be conducted): UTM zone 15N,485589m east,4951172m north, NE of Section 2,T114N, R20W, UTM zone 15N,485791 m east,4951772m north, SESE of Section 35,T115N, R20W, UTM zone 15N,486800m east,4950771 m north, of Section 1, T114N, R20W Authorized Issuer: Title: Issued Date: Effective Date: Expiration Date: Jennie Skancke Area Hydrologist 06/30/2014 06/30/2014 06/30/2019 This permit is granted subject to the following CONDITIONS: APPLICABLE FEDERAL,STATE,OR LOCAL REGULATIONS:The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal,state, or local agencies; including, but not limited to,the U.S.Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency,watershed districts,water management organizations, county, city and township zoning. NOT ASSIGNABLE:This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. NO CHANGES:The permittee shall make no changes,without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. SITE ACCESS:The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. TERMINATION:This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state,or in the interest of public health and welfare, or for violation (MPARS revision 10/07/2013,Permit Issuance ID 12498,printed 06/30/2014) COND/TIONS continued on next page... CONDITIONS (Continued from previous page) of any of the conditions or applicable laws, unless otherwise provided in the permit. COMPLETION DATE: Construction work authorized under this permit shall be completed on or before the date specified above.The permittee may request an extension of the time to complete the project by submitting a written request, stating the reason thereof,to the Commissioner of Natural Resources. WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons,or of any publicly owned lands or improvements thereon or interests therein,the permittee, before proceeding, shall obtain the written consent of all persons, agencies,or authorities concerned, and shall acquire all property, rights, and interests needed for the work. PERMISSIVE ONLY/NO LIABILITY:This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers; agents or employees,officially or personally,on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors.This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents,employees, or contractors,for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable conditions. EXTENSION OF PUBLIC WATERS:Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public. WETLAND CONSERVATION ACT:Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations,the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetland Conservation Act. CONTRACTOR RESPONSIBILITY:The permittee shall ensure the contractor has received and thoroughly understands all conditions of this permit. Contractors must obtain a signed statement from the property owner stating that permits required for work have been obtained or that a permit is not required, and mail a copy of the statement to the regional DNR Enforcement office where the proposed work is located.The Landowner Statement and Contractor Responsibility Form can be found at: http://www.bwsr.state.mn.us/wetlands/wca/index.html#general. INVASIVE SPECIES-EQUIPMENT DECONTAMINATION:All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters.All equipment used in designated infested waters,shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite.The DNR is available to train inspectors and/or assist in these inspections. For more information refer to the"Best Practices for Preventing the Spread of Aquatic Invasive Species"at http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf. Contact your regional Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.html.A list of designated infested waters is available at http://files.dnr.state.mn.us/eco/invasives/infested_waters.pdf.A list of prohibited invasive species is available at www.mndnr.gov/eco/invasives/laws.html#prohibited. EROSION AND SEDIMENT CONTROL: In all cases, methods that have been determined to be the most effective and practical means of preventing or reducing sediment from leaving the worksite shall be installed in areas that slope to the water and on worksite areas that have the potential for direct discharge due to pumping or draining of areas from within the worksite(e.g., coffer dams,temporary ponds,stormwater inlets).These methods,such as mulches,erosion control blankets,temporary coverings,silt fence,silt curtains o,r barriers,vegetation preservation, redundant methods, isolation of flow, or other engineering practices, shall be installed concurrently or within 24 hours after the start of the project,and will be maintained for the duration of the project in order to prevent sediment from leaving the worksite. DNR requirements may be waived in writing by the authorized DNR staff based on site conditions,expected weather conditions, or project completion timelines. � Page 2-Permit Number 1995-6177 CONDITIONS continued on next page... cc: Vuthy Pril, Conservation Officer, Eagan Brooke Haworth, DNR Regional Environmental Assessment Ecologist, Region 3 Bob Fashingbauer, DNR Wildlife,Vermillion River Complex TJ DeBates, DNR Fisheries, East Metro Area Mark Zabel,Watershed District,VERMILLION RIVER WATERSHED JPO Sarah Wingert, Corps of Engineers, Dakota Brian Watson,SWCD, Dakota SWCD Zach Johnson, City, Lakeville Page 3-Permit Number 1995-6177 ... S g, q .... . ..... :.: City of AppVa��ey MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Colin G. Manson, City Engineer DATE: July 10,2014 SUBJECT: RESOLUTION AWARDING CONTRACT FOR CITY PROJECT 2013-149, REGENT'S POINT STREET AND UTILITY IMPROVEMENTS On June 12, 2014, two bids were received for the Regent's Point Street and Utility Improvements project. Bids ranged from $2,039,567.50 to $2,497,514.65. Designing Earth Contracting, Inc. submitted the low bid. The bids compare favorably to the engineer's estimate of$2,197,000.00. The scope of the project generally includes construction of approximately 650 feet of Johnny Cake Ridge Road (JCRR) northerly from CSAH 46, turn lane installation on CSAH 46, utility installation within the JCRR corridor from CSAH 46 to 157th Street, and utility installation within the 157th Street corridor from JCRR to Pilot Knob Road. The following budget has been developed for the project based on the low bid received: Estimated Project Costs: Construction Cost � $ 2,040,000 � Engineering Design $ 75,000 Administration Fee, Legal $ 117,300 Engineering Inspection, Contract Admin. $ 115,181 Geotechnical, Material Testing, Surveying $ 100,000 Total Estimated Cost $ 2,447,481 Estimated Project Funding: � TIF No. 1 $ 228,017 Water Utility $ 106,256 Sanitary Sewer Utility $ 123,813 Storm Drainage Utility $ 338,095 Assessments $ 1,651,300 Total Estimated Funding $ 2,447,481 Should City Council award the contract, it is anticipated work will begin in late July 2014. Wark on the project will be substantially.complete by October 17, 2014. Recommended Action: Adopt the Resolution Awarding the Contract to Designing Earth Contracting, Inc., for City Project 2013- 149, Regent's Point Street and Utility Improvements, in the Amount of$2,039,567.50. CGM:cIg Attachment c: Todd Blomstrom CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION AWARDING CONTRACT FOR PROJECT 2013-149 REGENT'S PO1NT STREET AND UTILITY IMPROVEMENTS WHEREAS,pursuant to an advertisement for bids for improvements identified as City Project 2013-149,bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: (Tabulation attached as Exhibit A), and; WHEREAS, it appears Designing Earth Contracting, Inc., is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, � Dakota County, Minnesota: � � � 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Designing Earth Contracting, Inc., for its base bid in the amount of $2,039,567.50 for the com letion of Cit Pro'ect 2013-149 accordin to the lans and p Y J g P specifications heretofore approved by the Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Estimated project costs and funding are as follows: Estimated Project Costs: � � Construction Cost $ 2,040,000 Engineering Design $ 75,000 Administration Fee, Legal $ 117,300 Engineering Inspection, Contract Admin. $ 115,181 Geotechnical, Material Testing, Surveying $ 100,000 Total Estimated Cost $ 2,447,481 Estimated Project Funding_ Tax Increment Financing No.l $ 228,017 Water Utility $ 106,256 Sanitary Sewer Utility $ 123,813 Storm Drainage Utility $ 338,095 Assessments $ 1,651,300 Total Estimated Funding $ 2,447,481 ADOPTED this l Oth day of July, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk EXHIBIT A . 5.,;�, � Pcqux Namo�RT:GENTS POfN7'STRFE'C AND UTILtTY lA1PROVfdM11CNT5 1 hrrcJrv crnllv Nml Dns�s pn t7ac(��// �en . C�q'P�qatNo.�.20{i.149 � nPnklx�<�a(b�dsmc�vrd J/� /��('�Y/J ./� /� ' --`'G��L?1 �i,� B�d Opcmn6:Thurada�.lurc 12.2n ta,at 10 A M.C D S T (h�ncr Cm�oCApplc Y�(Ic� / j ; /�_�_ - - - .�.r unvar. ... � RljjlYlAl/IOIIMO J�i4J BidJerNa 1� Bidder No.2 8iddtr No.3 B'xWer fvo.4 BIDTABI!LATION DESICIVINCEARTFI NWASPlIALT,INC. CEISLINCER FfWT1'ALONECOMPANIES Itan Num � Item Umts Uni�Price Toisl Uml Price. Total Uait Prire Toln! I.InFI Priee Total tART 3-1[RR SANITAAYSEYlER � 1 sWB�LiZAT10N . . LS S 530pOd.ql 510,000.00 Stl'f.Od3.00 5117A23.00 59,a00.OD 59,epp.pp S3B.Ae6.00 5�.�0.00 y LOCAL2EOOEWATERit� L9 1 535,000.00 535,000:00 5166,SOO.OD 5366.S�QUO � 5132.ODD.00 $133,OG0.00 517i.650.00 S77i,450.00 3 CONNECTTOEXI3TNCiMANHOLE EJl 1 S1,SQOAO 51500.00 S4,SOD.00 $I,SOD.00 595p.00 � $950.� 51.620.00 S3.G70.W � . 4 AOJU3ThWNFIOLECA8TING � Ep � SStl0.00 SSOU.00 5340.00 5350.q0 $350.00 5350.OQ $q79.00 $674.00 5 1SPVCSANITARYSEYVER.SOftZ8,1S20' � lF 88✓ $49.pp $32,5g5.pp $5199 � $41�2335 S�-� Se6,550.00 557.00 337,905.00 6 1S PVC 9ANITARV SEWER.SDR 28.T0.26' Lp 881 $q9.p0 $33369.IX1 $6199 $42,215.39 $72.U4 $49.032.00 $57.00 $38,B17.00 7 iS PVC RUG . Fjq t �Lr.pp $Z15.OD �5176,a0 517&00 $175.00 $I75.00 5350.50 $354.50 B 4'WA SfW MN.B'DEEO.iNCI R-1842 CASTIN68 HOPE ADJ RINGS Ep 5 SI.775.00 SB,675-00 52,Q11.OD �$30.055.06 52,600.0a 513.000.00 $3.O7Q.00 $15,350.p0 � 9 4'OIA9PNI�OVERDEPTM LF 85 5105.OD $§�,4p 59o.m 5saw.00 giia.00 �7,��g,qg Sya.� s3�o.o0 70TALPART!-KRRS�NRAttYSEWER S]a,BE9.00 � f3M.tl2.5� S2S9�60>.OD 5311.�e0S0 DMtT 2•1CRR S70RM SEWER � 70 �5"RCP STORb1 SEWER.CIS.0-77 DEEP LF 185 SZ��O $�,riD.OD 530.� $4.999.50 S75.a0 $5.775.00 $31.75 55,135.75 11 97"RCPSTORM3EWER CU.17-7SDEFP '� lf �84 565.00 $34.%0.� $55.Y5 $19,6811.00 $75.00 $28.800.00 $70.75 $77.166.00 1T 011LKFIEADI7"RCO EA 1 SSW.OU 5500.00 5100.00 5300.00 5750.00 5150.00 5135.50 � 5135.50 13 <'D�N8iORMC6MH,e'ClEEP.tNCLR�3280.VBC3TGANOFIDPEAOJRING9 EA 3 $1,7n.00 $5.375.0p $1,g32.0p j5,795,pp S=,7pp,pp 56,600.00 SLiW.00 $6,30D.00 74 7 7C 3'CB INCI R3290VB CASTiNG 8 NDPE ADJ RMG3 � Eq 7 51,2pp•W 53,d00.00 $1,257.p0 $2S1<.00 � $2,800.00 $3,600.00 51,73D 00 $3,360.00 15 9t�RM ORAIN MIEi PRO7EC710N Eq� � Szoo.00 si.aoo:oo Sioo_oo s�t ,00 svs.00 si•zzs.ao ;zas.ao $2A23.W rcru vaRr:-iau sTOrtr�sewen Sas,s>s.uo 53;,�asso S�&iso.aa Saa.3zs.zs PMT9-1CRRSYRfET IMPpOVEMENtt � . � 16 hsOeIL17ATION LS 1 SS�UOD,00 55.000.00 $1,60Q00 51,600.00 $9,000.00 59,OOD.00 $93,9?0.00 �j43.9T0.00 17 SAWBI7UMINOl1SPAVEMENT�.FUll0EP7F/ � 125 $9.00 $506.00 55.06 S6ESA0 $4.00 . $SOD.00 5Z.45 5306.]5 78 REMOVECONCRETEGURBLGUTTEk LF t45� 55.00 56t5.00 $5.00 $6T5:00 S<.00 SSOD•00 Sl.dp 5300.tltl . 78� �'E&7UMINW9 PAVEMENT ' � Sr ��OU . 53.00 5�.� 55.00 $500.00 S30.U0 SLaW.dO 52.45 5245.qD. . 20 &18GRAOEPREPARA710M.STREEi . 8Y 8.�0 SLtlO S`3A�.Ob $Q50 $7,525.00 $1.90 $9.595� $1.10 SSSi5.00 21 AGGREAGTEBASE,CiAS$5 TN� 2,555 511.00 S78,1O5,W 513.73 $33,80t.65 510.00 $24S50.f70 $1L60 533,193.00 71 8678 CIXdCRE7E CuR63 GUTTER LF t.&16 59.50 517.527.50 510.2Q 518.819.OG $9.85 51H,173.25 $33.60 325,D92.00 � 23 CONCRETE A1ED�AN N�E SF 70 $SAD 5350.00 55.00 5350.OU $&00 $560.06 5&25 $5715Q � 29 CONGRETE MEOWN SF � SJ6 � Sa.ao 5�.1ao.no Sa.� Si,a�tw S�.00 Si,�se.00 Szbs Si,sx��s 25 7YPE SPWEAiaf�WEAR 7 5"iFI1CK tN 475 570.00 S30A50.00 SI1.39 53b�.fi5 570.30 530580.50 SSS.OD $73.925.U0 � . 28 71'PE 3PWEB44�WEAR t�5'THF.�C � TN 1.015 $67tl0 $88,005.00 566.62 $67.619.30 S7AOp $71,050.00 SSS,OB SS5,875.00 29 BITUMINOU3MATERW.FORIAGKCOA7 CiJy a78 $3.06 $1,314.00 $3.00 53.314.00� $2.50 51,045.00 Si1.IX1 . 54;81&00 � 26t3�7496p7aC�la . gT.� �Hidder No.I Biddpr�.No..�2� BiJder�Na.3 Bidder Na.� 8[D TABUL,47'18N� DESICNINC"EARTH N1Y�1St11ALT,INC. CEISLINGBR FRATTAGONE COMPANlBS . It� . . . . . . Nuro . Ilem. . � �Units �� v Unil�Pricr Total UniCPrice �Tatal UoiFPrice. To�at t]nibPrita Toul�� ]8 iYPESPWEA2900WEAR3"THICK.TRAII . .TN �$5 � $GLOD $13.775:00 $78.67 $17.7p0.75 $61.50 $i3,%37.50 SSS.QO $12.375.d0 39. COMMON EXCAVATI�N(EV).7RAn_OR SIDEWaLK Gv 350 $3:06 SI.OSO.Qd $15:06 $5,250.W 515.a0 � 55.250.OJ $8.1� 52,335.40 30 AC+Ci8E6ATEBASE,-ClA6..5,7RFItbRS�DEWA�K �FN .53�' $1Q50 S$565.08 514•80 57,844.00 512.00 56,360.00 537.30 $9,t69.b0 . 31�� GONCRETE PEDES7RWN GlXiB RAMP � SF � 560 55.00 52.SOD:dO SM1.5f1 SZS2a.aa $5.65 53,164.00. .56.05 53,36&.ab �:32 TRUNCAS�DQOMEPANEI. SF 98 $4Q00 $3,840pp $40.W $3$70.00 $34.50 $3.31i.00 $38.6D 53�.648.00 33 PREMNMTOPSOIL00RFt7fi�(LVy� CY 520`��. �.$17:(10 $B,8d0.00 529•(q 515;081}00 �$2A�:00 $17,480.40 $G:34 $3,172.0� ' 30 28aSEED.FERTIUZER:MO�STUF2EPELLET6.MULGH AC b�6. Si.000�Q ..5500:80 � 53.OW.00 $1,SOq.Op 5?,SOO:40 5;.750.pU $1,32Q.p0� �$660.00�. 3g 280SEEA.PERT�LIZER.MOIS7UftEPELLE75.BLANKET .�SY .644 ��$2�t30 $],288:W $3'.00� 51,937.OD 53.St! $2.754.OD $0.28� S3B03T ��9g. TURF ES7,40USHMENT LS 7 S1.O17Q:00 31.00O�.Ob 51.500.00 � 53,500.00 SS.SDO�.OQ 51.506.00 .55,530.00 55,510:00 57 PERFtANENfeARRIGADE ��EA 4� �$?75A7p SLSIb.00 527S:U0� $1,18D.W 5215:00 . 51.1�0.00 5363.00 $1,212�.E10. 38 4'BOLIDLINE.WMITELATFJ�PAIM� � LF. 1;3T0 $0.6D $822:00 5459� 5805.30 $(l.60 �$812,00 $0.65 $BAO.SQ 39� 4�SOLIO DOUBLE UNE,YELLOW LATEX PAINT LF SOS 511L1 �5606.00 51�.20� $6a6.p0 $1.20 $t06:Ot1 �'$],3p $655.50 4D i7'SCXIDLINE.WMITE.LATEX�PAINT LF 151 52.50 5��.� 52.50. $380.OD $i:50 .3380:U0 . $2.]5 5<I8.00 qt 24'STOPUNE,WHI7E�tATEXPlUNT ti 36 $3.W Stb6;00 $3.p0 $i06.00 $i00 �..5388.ti4 5330�. � $138.80 qp �R�Gh(7TURNARROW,tATEIt�PA1NT. EA 1 540:00 5360.i1D 590.00 53bQ.08� 590.00 5360.Y1D $94.25 $39I.W 43 LEFTTURNARRbW.�LATE7iPAINT EA 4 $9Q.00 $360.OQ $9Q.00 $360.00 590.00 $36Q00 599.25 5397.00 M PVCFtANDHOLE EA 3 51,008.00 S3,UOO.a6 5500,00 $1.SW.OD 57.SOO.UO 54.SSOr0.0YY� $305.SQ 5916.50 45 7 NON-METALUC CONDUIT LF 1,320 $2.OD $3.600.00 $7.00 $9,240.00 $5.00� 56;G00,00 52.45 53;734,U0 48 SIGNPANELTYPEC �:SE 1�..25 531��.OD :293.75 531.00 53.293;75 531.00 $3.293�75 $34.75 3634. '[�iAIPpRT3•.1[RRSiitEEi1MPROVEMEMS � 52U7,68G.25. 5735,629.90 323&925�.00 52a6,541.1b pA0.74.•157TH SANRAl1Y�$EWqR 4l F708�tiZATI6N � ..�LS i SS,OW,Ob $S,OPiD.dO� 50.01 �$�.Ol S9,QOQ.06 $9.OD0.00 $SS.BBD.00 �513.BBQ.Q6 4& TE�4IPORARYCON87RUGTiON.ENTRPNGE. :�V SO Sao.ao i3szoo:oo S}s.soo sz.saoon sss.ao Sz,sao.00 sas.TS si,aso.oa 48 b'�PYCSRNtTAFtYS£iNER.SbR3B.�f&NY lF 50 . $18:W. $9ff0,p0 $4d:51 $2,025.50 $65.Op $3,350.00 $4375. 57;38T.56 50 �TPVCSDdNTARYSEWER�,�SIX228.�70.15' �.LF 155 530.W $4,65p.Op� SS5.31 ��58,573.Q5 575.00 511.525:00 535.�p $5.415.Q0 61 .12"PVCSqry�TpRY.SEWER.�SOR28.�iS2[Y ..LF <27 $31:00 . . ... $13.137.ao $60.40 .$25,790.80 $7t:00 $3Z,874.6D $a6.00 $29,6d2_dD 5? .12"PVCSANt7ARYSEWER.��.C900.f5�20' �.lF 474 53&00 S1�AJ64.00 $663'Y. .:S33,d35.66 Sqp:qO $37,420.OQ �539;00 516:-086.OD sa aravcSnM�rAttvsEwER;'c9oa2o:2s°, .�F� aza S4o.tlo S3Z,9oo.oa� $6s.s3'. 559..3ez:ao .5ex�.aa S67,Zao.oa Saz.ao 53d.aeo.ao 54 17 flVG SANITAqY SEtNER�C9b6.75•30`. �.LK 1gS $a6:00 � 57,960.UQ� $bE:9; $13.597�.68 $H9.00 516.716.00�� 553.00 $10,541.06 g5 8"PVCPIUG F�. 7 �550.00 550.06 $45.00 $65.W $$p.ap $50.bG $fi1.75 $61.75� . sa 1rwcPlu6 � En 1 $15o.W Si5a.00 Ss3:tlo 595;0o Sioo:ao Siao.bo 5177so 51rlso 57 20'STEEL CA31NG OPEN CUT � LF BO'� � � . . S'rs.00 Ss.oaa.00 �:Siaa.eo Sii,zoo.ao 5es:oo Sb.saa.00 ;uc.so 3izS�a.oa� � se irevccARn�eR.caaSiNCnsirr� .� eo� �Sao.00. � Saxoom Ss6.as Ss�•e:ea S55',o0 54aao:oo 5�s:ob 35:oao.00 54 d'07A34WMN:.$OEEP.INCI�R-1042CA3S1NGEHDPEADJRINGS EA 6 .52,775.W SIA�;650.Q0 $2,004.00. 512,02II.Ofi� $2:fiUP.00� 515;60p.Q0�. $i.C70.OD�� SF6,b�0.00 80� <'�D�ASN7MHOVERDEPTH LF 96 S1Q500 . . .. . .. .. .. � . .. �34d99;� $�.00 . �29 � SIlO.tlD 10�7AD.U0 $950Q �9.60a,00 . TOTAL.PART0-157lHSpNITqRYSEWER: � 5115.151�.00� .5175,?3752 $229.360.d0 5151,690z75 20t�149.&diab�:ps . $T-Z . . � BiJtler No..t Sidder No.T Biddcr Nm.3 � Bids3er No,i � EfDTABULATION � DESICNINC F:ARTif NW ASPlIA4T,iNC CEISLINGER�.. �FRATTAGONE�COM1IPANIF.S lam Nmn �tem Ua+ts tlhi{�Pricr ToCnl �UniLPriee Taal UnitPritt� Tatel UniCPrietr ToW iART�S-157fH WATER MNN � 81 M�OB�.IZAT/ON LS t� $5:000:00 $S.00OOp .$D.Ol $D61 $1,00a00 .$7,�,W $15,98t1.Otl 515,880.00 S2 :REMOVE�PNOREPLACECCXJ(:REtE51bEVYALK �SF 745 $6.tl0� $4p7C1.Clb $q�;50 ..33.35250 55�.0a 53;725b0 . ...53:30 $2;459.50 83 CdNNECTTdFJ(ISTING17WqTEqtdqlN Ep, .� $3,000.00 53,000:00� :Si,WO.� $1,pOppp .5950.W 5950.� �$3,63Q.W � 53,630.0D 6C 8'OIP WATEft MA1N,CL 52�. � LF. X2 � . $+10.W $2,Ii1D7.00 �S33d5 .$2.40840 535.00 51,520.00 �$33.W 52.376.00 85 8"OIP WA7ER MPJN.Ct 52� LF T10 j450q yi,95tl.Op $38.55 56.IdD.56 SAO:p{). Sa.aao.oa Snoso S<,ass.00 69 '72 DIP WATERMAIN,Cl 52 l.F f.986 � . $53:�6 594,59D.W $aY.43 SB0,30&d0 $SOAO :$94,0(q.00. $65.50 $t33,140.00 B'7 20"STEELCASIN@;OPEN�CUT LF BO $500.00 $8.0OO.OP $1d0.W $IYyt00.00 � �.S85.Oq '$6;SW.9D $15fi.50 y1L510W �.8g� �17 DIP WATERMAIN IN CpSING tF BU�� SiDq.pO $S,DOO.YIO 595.41 -$J;632:Hd 575_00 �& � . � . $.;DW-W �$79:50 ib.360� 89 FURNISMAND.IN57N.t2^OAYEYa1.VEAN680X EA 3 $3,06D.OD 54,000.0D $IS;3�� S7S99:Ob � SR.9d0.W . $H.�QO.QD Sa,3so,00 Sia.aso.00 ip FURNISH Nyp INSTW,6'MYORANY ANO 6ATE YALVE AN�BOX Eq -0 . � $4.`,.06.� 518,WO.aQ ��$!Y,205.00 $16:820.00 54:fiW.4Q� :$iBt�-W $5,430�.00 � 521.7Ml.Ob� 71 POTMOLE 8 VERIFY LOCATION OF E%I5TING CASING: Eq 7 51.500.00 51,500p0 i3,15Q.00� 53.15G.06 $4D0.08 $ipp:pp $5gy.5p 55�5,Sp � 7� �:17'YERTICALWATERkWNbFF5ET EA� 1 $d.000.06 $d.000:00 $5.000.00 �$S,�.OD $3,000.04 S3.OQO.QP 53.I90�:q0 53.190:00 '73 DUC710EtRON�FITTitiG$ 1,.9 1.113 �$7.6p �57.797.OD 56.99 57.657.d4 5b.5fi 5?,234.50 $915 �510.183.45� t4 PREMIUM70PS41LiLV7 CY 52q� Sll.86 58,840.00 $29.W 515,080.Od $Z4,pp 5�2,08(1.00 $(,.10 $3,172.00 75 2805EEO.FERiNJZER,M013TUREGEUETS.FMJLCM AC Ob $1,flOb:Op 5500.00 $3,IXq.W ��51,500.00 $7,500.00 i3,750.00 $1,320.00 $6fi0.00 78 26tl SEHD,FERTLLIZER.M018TURE PELLET9,BLANKEY �SY 64q $3.00 $1,937.00 $3.pp SY,931:OP $3.50 57,154.00 �50.2@ � 5180.32 7� soo sv r75 Ss.00 3s�s.00 Se.aa Si.aoom Sls.00 S�:su:oo Sa.ao 5zm:oa 79 TURF ESTA9USHMEM L8 1 $3,Ob0.0� I 000.00 S1,SOO.DU 52.soo.00 Si.sao.00 t sao 0o Szasa.00 sz.�saao TOTAI PAAT S-T57fH Wp7EA MNN 5189.378.00 SSBI,SB]AS $I$Sif�.� S221.112.27 PARt 6-W�Y PAf1K STORM D��EQUALRERS 79 MOBIUZATION 63 7 $l,0017:00 $1,{}Op.pO :$tl.01 � $0.01 $8.200.00 $8,]OO.OQ $IA;66000 . . . $1d;660.Qo 80 REMOVEEXISTINGSTORMSTRUCTURE � EA� �:T 5]50:00 5750:00 $Stq.OD $�p.p0� S4pp:Op $6pp.np $5g6.50 5586.50 8t CCd�9aECiTOEXIST�NG�$T6RMSE4VER :EA.. �.1 $3SD0.00 $3.560:00 $T2p.� $7i0.00 S45D.00 5950.00 $673:00 $a73�.0IF 8? 3B"�RCP3TORMSEWER.CL3.1b19'�OEEP� �:LF�� .291� 56D��.08 - $SB:PS000 562�.8Q $11.646.80 S78.OQ 521.97800 5�.25 � 521.9NB:25 �. 83 <2"RCPS70RMSEWER�Ct3:d•YbflEEP �F�� 218 $fi0�,00 $17,Z86.00 � ' �$ys�.ss �isa�;�.zs Siosm Stz;ess000. Sva:m �.S2o.3oa.00 84 67RCP:STORMSEWEp,.C13.�4tr-Y6'DEEP� � - LF �IST $B3,Op 562;831�.00 .S7ks5& `$59pS5.bfi S2Y046 $83,77p.Qti � $k04.50� 5T9.30B�5b . � , 85 8'DiA3TORMM�i:e'DEEP.tNCLR�tB92:CSTGANOHOPEADJRINGS�. FA � $3A�0.00 56,880.00 $3:275�.OD $6;550.00 33,9W�.00 S7.fi0QOti�� $a,7p0:00 .5§,400;bt1 �. e6 7'DIASTORMA�H.B'OEEP.�INCLR�-ifi4TC87O��ANOHDPEAWRINGe EA�. t $6.L106-00 $S;OpU:00 $4.364.dG � �54�>340.00 $5.000.0p 55:000.8� $6.27000 $6,T70.00 � . &7 8'DIA8TORM:MH.B'�OEEP,1NCLfL1842G5TQ4NDH�PE.AOJ.RIN65 Eq. 7 $7�000.00 57.OG0.06 $5,331.66 55,331.OD $6,5W.00 .$6,50Q00 $$.190:00 $8,190.OD 88 <?'FESWITRASItGtiAFtD� EA 5 .$2,606.Op $13.WO.QO $t�21i.D0 $11p55.00 $2.700.W � $23;i00.IXS $Z830.0�] $76,150.00. B9 RIP RAP,CLASSiII. �Y '7gp $q0.6p� $7.600.00 �575.00� $14,ZSU.00 59�:06 517,1W.p0 5724�:00 :523,560.00 90 8'OWSTOFN.MH�OVERDEPTH' [f ':17 $340.00 $2;640.00 :5235.00� 52.585.00 $2W:OD SI.�f10.00� 5228.00 $dS�.�O. �'� 9/ TDNSTORM�MHOVFAOEPTM� L� �.8b0 Sd35.00 $2,8?]:50 5325.00 $2;El2-50 . . .�.. . �$240.00� �$I�.8$S.Ob 5333.50 $2:167J5 I � p2 8•DIA:STORMAIHOVEftOEGTH LF. �83b � 5525_00 $Q.987.ia $4{!&90 $3,676m $3HS00 53.657:50 � 5925.00 � 54,63I.50 ''�. 93 PRBMIUMTOPSOILBbRRflWjlV) CY� SBO� $17.00 $3,O6Q;00 524.W 35,220.00 $24,00 $4,320.00 $b.10 $1.Q98.00 . 9i SAIVAG£OTOPSUILILVI �Y� 2tlD�: 5b:00�� $1,i00:d0� 5&00 S1,GW.M� .Si�.ou� 52,660.00 � .53.b5 5T3Q06 �n�sias em teo.�: � .gT_� Biddcr No.1 Bidder Na..2 ;Biddsr No,3 Bidder No.4 . . 61D TABULATION DES1CNIkC'EARTII MY ASMiaL'f,tNC. �GEISLINCER FRA7"fAI�.ONE COhfPANIE$ I[un � . . . . . Num Itrm � t'nhx .Qt Onit�Price To�nt UnitPrice Total Unit P�ice. Totnl Uni�Price To�xt� � 99 280SEEd.FEk71LIZER.MOISTUREPECLETS,�Mk1LCH AC �0a S1,OOO.W 5+UI0:00� �53,W0.00 51;200.00 57,500:00 �53.Wtl:00 ��$3,3]D:00 $528.�Q 85� 7865EEO.FERTILIZER.MOISTURf PELLET5:9LANKET SY �BO 53�:a0 $546.Oa 53,W 5540.90 53.50 �$630:U0 $D�28 $56.40 SB 2805EEO.FERTIUZER.MULGH .AG 04 i1.000.W �5A00.00 $p�5q7.0p. $I,DOD.OD�... 55,060.00�� $2:090.00 51;320.00 552866 97 5TORM 6RAIN INLET PR07ECTIpry EA C $706.bp $800.00 $1W.00. :�d�.06�. $175.00 �7U0:00 $305:5� .1 22�00 TOTqLPARf6•M7AlSNY�.PARKS70Rp1&EqUAL12ER5 � � $154;476:OQ $3SS�38i.6S ��$Z07,510.50�� $Z71,55�.90 PARi7•STORM POxORE41510N5 gg �Ai68A2AT70N t3 �..t S1A�.00 51.900.OP .SO.QI $OOY $7.e00.00 52,8U�.00 $19.660.00 j14.66Q00 ��.99 3Ai,VAGE8�REINSTALl33"RCP .LF� 2(! $C5.00 �.5960.00 $R06 �.$1:440L10� $45.00 $900.0tl $77�5 SI.SSSdO 100 SALVAGE�EREINSTAI.L.BO"RCP LF 44� 574.OR $3.080.06 $75.00 �S3,3M.00 555.pp $2,660-QO S1S5.50 �$6.H42.00 �Oi REMOVEtS'�qCP LF 55 $20.W SS.Sl10.tl0 Ss:ro S�o,00 3xo.00 s�.iao�.00 Sii.m S�s.ao �02��REMb4E�78"RCP LF 39 . � 5211.00 5780.00 $H.00 $312�.OD S]2:00 5858.00 . . �$18.20 5�.80 103� REMOYE33"RCP iF 62 $20:00 iI,240.00 510.00 S6Y0.00 $26.Q0 $1,612;00 $21125� $I317:i0 � 10< REMOVE.54"RCP � g.3�. . . Sao.pa Sxszom �Su.at 3Bas:bo iszm� 51Als.ob SzSm �$a,63s:W id5 REMOYEBO`RCP �GF� 128. $AO.QO SS;IM0.00 5]0.08 $2,520.OD 535.00 $4,410.00 529.5Q $3,�17:00� 106 REMOVE88°RCP� LF 9g $ES.OD $2,630.00 SF5.00 $1,45Q.00 $a0:00 $3.320.00 53515 $2,044.50 �07 �+10VE60"�FES EA �1 51,200.Oa 51,200.00 ��Sao0.60 S��Oa SaWao $a00.OD 5586.50 5566.50 f00 SALVAGEdR�INSTALl�t6"FES EA �7 $1.W0.00 $1.00Q.00 $dW.Ob $ap0.00 §52f1:00 $52Q.00 $O1A.50 SE14�.Stl fa9 SN.VAGEdRE�N5TA1.L1B'FES EA 2 S1.IOO.W $2dD0.OD $CSO.OD i9W:tlD SSW.00 . $],170.00 5�.� SB8100 �i1Q .SAIYAGE8RE1N97ALL33'FES E4 1 51,200.00 51.200.06 � $600.00 $FqD�.pO. �$720.OD $T20.0tl .5&4656 $84650 j11 6PLVAGEBREIN9TALL54'FES E4 1 Sf;SW�:dU 51,500.0b �S�O.bO��. $H00:00 .$1,100.Op $S;IUO.M1 $lA�� 51,080.00 112. SALVAGE 8 REMSTALl60'FES EA 1 $2",A0:06 52.SOD.Od 5950.00� $950:00 i1.15D-W $1.35U.Od 51;2b0.U0 $I.Z6tl.00 113� 8A4VAGE S�REIId57ALL 88'FES�.� .gp, � $3�pp � $3A�:00 51.100.00 $3.ifN.00 �:SI,2UD.W $1;200:D0 $1:4LD.Q6 $1A40.OD. t13 NIPRAp.CLq93i1 CV ��7-0� $a0.06 $960:00 $75.Oq $1,8W.OQ �S40.Od 52:160.W 5124:00 S2,9Jfi�:OD , .:t�5 R�aw.v.CtP,B&GY� CY R88 550.60 513.300.90 575.00 $i4,950.OQ $94:06 573.94QU6 'S335S0 536:OM13.00 ��1�18 d'OfkS70RMMki,B'.��DEEP,INC�R+S84]CSiGANDHbPEAWRW68�� EA. 1 51,77i.OD $I;Y75.9U� $1,62&OU $1,828.00 �$1,250.00 ��52.25Q00 5i,A30.Otl $2;430.00 ��1t7 4'DIASTbRMY+AiOUERDEP7H . �LF 2 � $103.Of1 $210.00 $S15.tl6 ��$Z30.Op $110.00 $230.UD $9i.25 $19Q50 t�B iYRCPST6RM5EWER,CLS�'10'-�50EEP� . �F 70� 528.�0 52A72.00 $90:3p�. .52,242.20 535.pU $2,59Q.W � 534.50 $2S53.OD . ttffi 3$'flCpLONG�RAOtUSSENOS,Gl3 EA q $650:00 52.600.W ��.$446.p0 51,984.Q0 $fi50:bD $2,6p0A0 . 5961.00 $3;8A4..66 ��11p 8D"RCP.LON6RADIUS.BENOS.Cl2 EA. 3 $1;650:W $6.254.tl0 $];29S:pp� 55,975.00 $1,dOD.OD �57.00D.00 51,870.08 $935Q00.. ��1�1 OUTIfT.$TRUCTURE�. . . Ek� t SL3.000�.00 t3 bti� 510,197.90 $16.•797;06 S11,SQO.OD 1��S�D.dO �'23.7d0.6D 13760. TOTAtDAitT7-5TORMPQNOAEVIStONi ST3:Q37:Otl . $6Dpf7:21 ..$75,9iB:00 $120.635.90 DAR't S-GSAN 461MI+ROVEMENTS .. ..�22 MOBItIL1T1IXJ LS t� SS,000.00 $5.006.00 $I.6D0.04 SI.600.OD� $5.060A6 55,0�0.00 520.7IO:Otl 530.720�.00 � .121 TRAtFICCONTROL . E$ i �$S.OW.00. �$$OOO.Ob $Ii,45400 $Y2:C50.00 $i5,000.00 $15,t1W.C10 $13,716.Op $13,7I0_00 120 CONNECT�OEXIS'CiNG�STRIJCTURE EA.. 2. .5750.00 $T,500�.00� $72Q04 51,6d0.0U �:$950.00 $1,90D.OD $565.Q0� $yl78.00 125 14"RCPSTORM 3EWER,CtS�,16'-t5'DEEP �F 9t � SdZ.Op $3,Iti2.IX1 $30:30 52;7$7.30� �$35:00 53,185�.OD 552.25. $0,T54.75 36f3-740&e Tab�ES gT_q � BiddCr�Mp.1� Bidder Pia.�Z�� Riddee�No.3 FCidder No.O:. BIUTABU[.Al'fON DESICKING�ARTI! MVhSPN,1LT;:INC. G�IS�INGER FRA7TAC4MF.:COMPANIES � Itan ... ... ... . . ..... Num ltem�. rUnits �� t Urtk Priae �Toln( llnil l'rite Total Um{Price. Total Unit��Pri�e ToIxL 126 4'�OWST�RMCBMH,60EEP�..INCLR•3290.VBCSTGNJ�H�PEADJ.RINCS .��R 1 $1;&0000 $S,SOO.p� ��$;.932.00 $1,932.00 52,200.UQ $],2C10.DI1 $�dd0.�0 $Y,4AO.Q0 127 2X3'.CBINCCR�29f1VBCAST4NG�dHDPEADJRttiG5 EA 2.. $3;700.00 $2,400.00 �51.I57.00 $2,536.11D 57,8�.00 53;6q0.W� �$2,Q80�.4D ' $Q,16Q00 128 CONSTRUCT�:9 WACBhtt10VER�EXISTING�P�PE . �fA 1�� $2.0OO.Otl $2.00D.90 .$2�;652.IX,i $2.fi5;.Op.� $1�:4p0.0p �$2,4fq;W :53,u6.00 53.Y20.W 129 �REMQVEF_7tlSTINGTOPSt.AB,CSTNG,131N13S EA <. :525000 � $1.000.00 $Y56.�.� $1.00Ot16 SLOOO.OD $D,ODQ:W $54Q00 $2.360.00 �9p INSTALLt$WTOP3LAB.INCLR1642CASTINdRHOPEA0.IRINGS.. EA .1 ��$gtppp $,9,]pp.pp � 55$p.pp $y.Zpp:pp $1,35Q00 $$pOQ:pp $1;47D.QD .$5,880.00 �� iSt STORM DRRIN INLEi PROTECTION Eq t $200.00 Sgpp.pp� SSOp.00 SLOO.OD 5175.0� .57�.OD 5305.� Si.222.60� . � Ty2 AEbfOVECONCREtECVRB�&��GU7TER�� tF ;900 S1.00 $].800.00� $4.00 $3�.600.06 53.00 $2,700.dQ �5240 � �$2.160:W �� tS3 NE6AOVECONCRE7EMEOIAN .SF �5tltl 52.fl0 :S1.00P.410 SS.W $500.0D $1.�0 $500:06 SR.63 5305�.00 13A REMOVEBIiUMINOUSPAVEMENT� $Y 8p� 55�.00 $CW.Ua $5.00 SdOD.W 520.00. $i;6p0:00 $6:10 $a88.08 t35 SAWBITIIfdINOUS�PAVE4IEM.FULL�PTH . �lF� 1.OQ0 5300 $3.000.0D �SZ.50 $2,5Mi,00 S3.t70 �$3.OW�:00 ��.$2.45 $Z456.00 t36 ��SUBGRADE PREPARA710N,STRfiET SY 1.20D $2.W 5z,4d0.00 $106 �$1.2W.W. $1.90 52�RO.W� �51.16 51,320.p6 f;T �AGGREAGTE BASE,CLASS S TN ��'6d5 $12.0U 5�.250.a0 513.23 5&�.IS 512.Q0 $7,260.00 512.60 157,633.00 738 84�BCAIaCRETECUR88O111'TER� .LF :800 S10.OQ $9,000:(ID 511.10 5�.990:OD 510.25 $9;ItS.00 513.90 $12,S10A10 . 139 CONCRETEAIEDIAN:Np$E � SF 30� SS.W $15D:00 $$.00 $1'90.W. $H.00 .:53b0.0U �SE:35 �$313.50 1-0D COC1C(iEYE.MEDIAN $F t,300 53:50 $a,556.00 $3.56 $4,SSO:Ib $2,d5 $3,185,00 $L76 53,5lO.bb tit TYPE�SPWE9d40EWEAR2.5"TMICKFORPATGHING-STREEi TN 50 5100.00 55,000.00 S1?7.W Sb,350.iYb S10S�00 S$.Z�a.00 $SSiI.OP $S,SO�.OD 147 T�ESPWEB440EWEPR2'TNICK 7�d 1Tg $55,pt1 $9,]90�.00 $85:97 530.83I.22 $fi7:05 $8,448.3D $BI:50 $30,395.06 tA3 NPE6PNWG73tlBNON•WEAH2"THICN�. TN 7% $56,Oq SI,�6A0 $7658 $9,fW908 $56.85 $J.163.10 $B2.50 $10�395.OD tM� 7YPE�SPNWGC306NON•WEAR7'THICK TN 789 $S6.Op $10,584.00 $7G58 $34,473.62 $56.&5 SkO,)4a.65 582.50 $t5;592-50 145 S�TV��NbUS MA'EERWI,.FflR TACK COAT t�4�. 91 $3.Up� $2T3.�0 $3'.00 � $273.OU� 52:35 $213.85 . . $11.00 $I,OOI.Oti 1�6. TYPESPWEA2AOBWFAR3"i114CK-TRAII TN 7� $54.dp� $4,S44.Op SJB�.dT 55,585.57 $65.IXi Sa.615,00 i8I:50 55.95T50 147 ON5ITE�GOlAl�NEXCAVATION(EV).TRqilOR3�DEWALK GV� 55 $SQOU 5550.00 $15.40 $9ZS.W 525.00� �$825.00�� S6•70 $33550 t48 4GGREOATE BASE.CLASS�S,�TRAtl.OR 610EWACK�. , Tµ 34�� $15.00 �5510:00 �51A80 SSQ#:2D SZO:OQ �$680.OU 51730 .$589:30� 149 2465EED.FfRTILIZER,NAISTUREPEILETSMtR.CN�� AC .0�:1�. $1,000.00 5100.00 $3;Oa0.a0 $3df.W� $7.500:00.�. �S75n.OD $1;320.00 .$]32-OD 750 :A"SOLiDLME.WFlITEiA7E%PAINT � �i 505 $0,60 5303.00 $0.54 $297:45� �$b.60 $303.00 $9.65 �$33825 tit :RldrrTTVRNARROW,LAIEXPNNi EA 2� S9{100 5180.C10 .54D.Oa 5180:00 59b.00 �.518U:9P 599.25� $148.50 152��.�LEFTTURNARRCWJ,�LA'�E)CPptNF . EA � 7 590.00 $180:db .$4P.00 �:5380:00 $90.W $I8Qp0 .598.25 SL48.SD 193�. AOJUSTGTCNBA31NCASTING� EA�. 4 $250.OD.� $1,WAOD $250.b0� $1.00000 $250.OD SI.WO:W ��$560:f1q� $2,Qo�:00 � �154� AOJUSTA441VHOLECASTING � � EA, 4 $25D.00 $1.990.00 $SW.W $],OW.OD $35D.W $S.d00.00 �$500:00 $I.�O.OD . 155 SiGN�Pi4NEl TYPE:C. SF�� t2E $35:OD :rw9-00 535:.60�� SAdB.OD 535:Oa� $e48.00� 538�.50 SA91:80 i56 .&kLyAGE8�REINSTALL5IGN�.PANE4tNCLNEW51l3NPOS7 EA. 1 53W.Od� 5�.� �.32GO.OD 2W�.00 S2IXt.W St00:Of1 SYYO:iD :2ID � TO7AlPART6.C4ANdfi1MPROVEMENTS $96,340Ap $312,9T7.69� 5115�$39�.90 $1i3�,559.58 OA0.T 4-'REGENT'S POINT SANITARYSENIEB � �sr� n+oeiuza"naN� us t Si,000.00 SxAOO:aq So.ai�� So.ai S�,sooao 5�.sod.00 5iab�.00 Sia;aso.00 t5fl��6PVGSAN1tARVgEyyEq,��OR35,�t41S lF ��2,873� $25�.a0 $66,825.00 $3&29 $102�19�.17 ..$55.00 $147,015:60 $39.25 578,38515 �159: 8"PVC BAN�tARv�SEWER:SDR 2&..f5-2U' I,F �g1 �315.00 $2.075:bb i55.87 $4.637:2I �565.00 �55,395.00 $4875� $4.124.25 i80 8"GAOO5AN17ARYSEWEftOUT31QE�OROP LF� SB� 5225.00 $aA`�'.bD� <$300:OD $S.a00.00 �5�:� . S10;EW:qO $228.IXf� 59.16a:W� . zo+aiaeaasae,us er-s �.Bidder�No.l. Bidder�Nol.2 �8i+IdehNo.3 6iddcr�No.4 � �BID'�T.CBUt.ATtQN DESICNInG�E,iRTI� NW�SFHA�T,INC. G�tSLiNCER FRATTAI.ONEC'Un1P�1fVIFS 7tCm tium Item �:Un$s tfniF1'riae Tola! Unit�Pritt � Totxt Unit Arirr �Total Unil Price Totni iei 8"PVCPlV6 ��.EA �2. $Sp.O� ��SiW,00 $d5.4ti 59006� $50.00 $100.00� .$?0.15� Sid1.50�� 182 4'OIA�SAN MH.8'�OEEP.INCG.R-16i4 CA$IM+(3 fl HDPE�ARJ�RIN(3$ Ep; 12 $1.t75:OD �17,;3tl0.00 57:060.00 $2A,T20:fl0 $T,6�.00 $3I,200.00 -$2,916.6Q $3II.y2Qpp 163 4'DIASAN��MHOVEROEPTH . . LF 87 $IOS.CIO . 57,935:170 $96.00 $4;030.00� $110.00 $7,370.IO10 $�00� $6;566�:00 1H4 B"X4'PVC YJYE,SDR35 �q $p ,e�gp.pp - �a o�aa sr000 $3;SW.06 3i�s.00 �so �issso �ns:on TOTALPAR79-REi'iENT'Sp01NT5ANfTAR1'�SEWER $ip6`385,Qp 5146,736,39 $219�L80.06�. . $189,/81.00 pANt36�-�REGEM'SpINMT Wq,TERMMN t65. 8"fNP WATER AiNN LF� 86 �53600 $3,046.00 $33�.45� $7,H76.70� $35.OQ �S3A30.00 533.$O $2,ggl.pp - 186 �8'DtPWA'fER�.MAiN �LF �,8� 536.00 $1Q2204.00 �$�:8q� $87,554.76 $40,Oa $kS3,560.OD .$35Y5. $701,d94.75� 167 -FURNISHANp7N9TkL8".f3r17EVALVEA#10.80JC EA �9 51.60D00 514,4q0.C1p �$1��,432.00� �532,688.00 51,800-00 $16,200.Op S2;ISO.QQ SI9.440.00 188 FURNISHANOINSTALB'HYOWiM1{TANDGATE.yALVEANO60X ��A 8:. $O,iQD:00 $27+OOp.pO $4��200.IX1 iss,�oo.00 $d,600:tlp� 527.600.pp $5,43000 S3T.580.00 769 �B"VEttTICAt WATER MAIN OFFSET �.fjl. y�. 57pp:pp 51.41b:00 $750.Op $L.SUD.6D $Z;SOO.pp SS.�0.0f1 $1.770:00 ��$3.54D.iftl i�o �r,su�ari� sv �oa Sia.� Sl.aaaoo Srr.ab iz,7ooao 53s.00 53.sao:oo Sas:io Sn:sso.00 771 OUCTIIEIRONFITTINGS. LH 1iBS $6.75 . ..7 98: $6.21�.. �j�85 56.50 ��7702.50. $SBS . 10497.5 TOTAL VARS 10�-.REGENi"5 VOIM WA7ER MAIN ;157,098.75 $Sa0,078.31 $176,STL58 5775,372.50 PARTi1-REGENt"5 Po1KY SfRwCES 572. t".CORPORA7iONSTQP EA Sp � $6ti,pp $a,pp0.00. $135.OD $6,750.00 ii�5.00 $B.?5a.00 SI29.50 $6,d75.0p 173 1"CUI2BSiOPAND80X EA 50 5160.00. $B4O�.tiU 12d2.00 $12;30p:W $I75.00 SY3s750.00 ��$Y71.50� $13,575.00 17< FURN�Sht/wO�f�TALL3/•N�7ARVSEWERSERVICE.LOCA7EBb%� EA 50 5170-00 $B.SOO.W S153.W 57:650:OD 53W.00 535.000.00� 518&00 $9,4(q:.OD 475 M1`TYPEKCOPPERWATERSERVICE:COMMONTRENCH LF 2.378 $12•06�� $I8,536Ak� $3356 $32;245.68 $i8.00 $43.9qE.00�. $16.00 �S38.iZ9$.00 17g d•PVCSCri403ANI7ARY5ERVICE;.GOWMONTRENGH� tF 2.338� 51E.06� . �.528,a56:W 511.16 527;350.66 518.0o Sd2.0&f.00� ��:$13.p4 ��530,34G�.00 177 INSIiLAT10N SY� 55� $1Q00 550.. $2F:Q0 .$3•485,00. $35.00 $1"925,06 $49.50 �52:1YZ50 � TpTALPARTI3-:RFGFNT'5PWN7.SERV1[ES . 57T�642�G0�... $67584•� 5124.313.00 . � $300,61450 .GART�37-RF6EN7'S MMHi.STQAM SEWER f78� M08ft12ATION� �LS t S4p,Op0.00 $90:000.00 50:01 $0:01 $30.00600 $10.00Q.00 52$.98�:OD $26.980.W 179� �i5'RGP6?t%2MSEVJER.:CL5.0'-70'�DEEl. �:LF 948 525:00 $23,7pD-OD :$3036 S2R.724:4q� 533:6D � 537,J84.Q0 527.75 '$28,30Y�:00 180. Y5"RCP670RMSEWER.:Ct5,i6-�S'�.DEEP �� 87� $2d:00 � $2;26t.00 �$3U30 j],636.10 $35.OD�� 53,Od5:00 5z8:75� $2;5U1:75�� `181 /8'RCPSiORMSEWER.�CC5.t7.t5'DEfP (F 170 $26.QD $4:760.W� $32.67� $SSg3.90� $37:OD �$fr,290:00 $32��00 $Sq40.0U �t92� It"RCP�:S70RMSEWER.Ct4.R'.1bDEEP lF� �77� � $32.4D $Ld6d.06�� $37.D3 S29S1i31� $42.Q0 53.23d:06 5�25.. � ST,19�1�.25 �83 �7"RCPS70RMSEWER,CL4;ff•tP�DEEP lF t99 $dS.IXA� S3A,b85.00 �$45.et�� $35;22J�.89 $54.00 $41,ST6:08 SS3W 539:2i9.OD 18d 4B°RCP�STORM�3EWER,CL3:0-tii7'�6EEP {,� q7 jgS.Qd� $3,465.00 �$89.63�. $4�;232.61 SYYO�tlb 55,270.�0. 5111.50 55,2d0.50� ies ae•acvsroru+sEwER,'cc3:,a-te�aEEP � asa sioa.� saz.000.00 Sgs.� sai,�ro.so Sixs.ao Yw.zso:oa 5ui.so Saspn.00 �es au�rcyEaosi-RCa En + 55ao.00 Ssoo.00 S��:aa 5xoa.00 Sssaoo Slso:oo Sws;oo Sias.ua '(87 4 PfRFORATEOPE�DRAfNTiLE (F.. �p. . $7.OP $5;60�.00i 513.75 �SSi,Qd0.00 $12:00�� 59:600.00 ST.35 SS�O.OP 188 CONNECTtNTO0RAINAGESTRUCTURE� EA 9 5A60.�0 $1,�.� . $240.00.� $�0-0p $950.00 $3,BdkdO � $429:50 51,71&4D �789 FINE�fICTERAGGREOATE�{LY1��. Cv�� 20 :$20:C10 $�406.a0 j40.00� 5@pP:00 ��$4(lU0 $SOO�.dO � $M1&50. 5970.00 21119:7A88�d TaD.xis. �g�.g s�aa��no.i uw�r no:a a�ae�xe.3 Biddsr No:�F BIDTASULA7IQN DESIGNINGEARFH� NNASPIIAt1`,LNC.. G£ISLINGER � FR4TCA40N&CO�IPAN[ES Item ... ... . .. . ... Num. qem UnNs Unit Prim Totiil Unit Ptire Totn4 Um4��Pricr. ��Tatxl Unh=Priar To[ni� 76(F �4'OIAS70RMMH,B'DEEP.INCLR-1842:CS7GAMOH6PEAOJ.RiNGS E.4 �T SL775.OD $S,7TS.IX1 S3,H38:00� 57,828.00 52,250.DD 53,250.0G S25d0.OQ 52.540.00 �81 5`-0IASTORMhtH,B'OEEP,1NtLR-1842G87GAND1tiDPE.ADJRiNOS �EA 3 $T;SOdDO 57,500•W .$7.673.d0 $8A31.ti0 . 33,OSOAO $B;7S6.OD $d;9700D SS0,410.00 t92 T'DIASTORMMlI.:COEEP.INClR7842C5TGilNDHOPEMJRINGS ��Ep �2 $5.7G0.00 $11:d000Q .;$4,34p.pp $H,GH0.00 $S.OQO�.OQ .$1�,tlOQ:00 . ��56,27(I.pp $lI.S40.OD 793 <DIASTORMGBMH.B'�.�EEP,INCLR.3240-VBCSTG:ANOHDPERDJRINC3S Ep, 4 SySW.pp 57.20Q0(J �$1�:933.DD $7.778.ib� 52.240.00 :$B,BOO:IX1 $2,440.Op $9,760.W 194 SOL48TORMCBMH,B'OEEP.tNGLR•3296�VB:CSTGANDH�PEAOJRINGS EA .9 $Z.60D.�D 57�&00.00 53:780.� $8;?A0.tlG�� $3.1W.IXi �55.300.00 �:$3.-010.�tl $10,23Q.00 195 �6DIASTORM�.CBMH.O'��EEV.�NCLRJ2W1-VBCSTGAND�NOPEPbJR1NG5 Fq .��. $7;000.00 $14,0�6�.�0 55,43L00 510,861.QU�� $6;500.06 � $33.000.00 $H;d40.60 Si6�,2&}.06. 166�..A'�DIA3TORMCBM1Atf.6DEEP.INCLR-4$12Cn6AN�HDPEbOJWNG3�. ' E,q �5.:: $1;7J5.00 �$8,8?5.�0 .$1.564.00 $7,820-06 $2.1D0�.00 .$16.5qD�06 $1,890:00 $9.45QOtY 197 .7X3'CB�INGL�R329CVBCASTMG&HOPEAWPoNGS. Eq b�. $1,200.tib � �..$B4OW.00 S1.I57.IX7 $6�285.W 51.BUR.d6 � $9.p0�.00 ��51,870.OU�� $8;�SQW�.: � 1B9 �4'OIASTORM��MH�OVERC�PTH Lf �4� 51050D $tiO.OP SL15:00 $d6000 'S13Q.t]0 $440.00 Sg7,75�. 53$9:06 789 �3'OWSTORIAMHOVERDEP'FH Lf 6 SiA0.00 58A0.00 $183.Oti $1;098.00 .$160.W �5960:Oq� $17p.5D 51.023.W Zflp TpWSTORMMHOYEROEPTH tF 41 $q30.W $4;730.00 $3YS.Ob 53575:00 $190.OD $3,140:p0� $33A.50 $3,679.50 2tlt�� 8'�WSTORMMH�OVEROEV7F{ �F �8�. 5525.00 $3;150.U0 $410.00 $7q60.tl11 535$.60 �$2;3i0.00 $425.06 52:550.00 2dQ. <8"FESWYTRAStiGUAR� EA �i��. $2.Sa0.00 $1.SOD:k70� $2,186.00� S7.i86:OD $2,9U0.00 52,9p0.Dik 53.300.fJ0 53;300.6� 203� STORMORIJNWLETPROTECTION Eq 19 $200pp $2,BOt}.00 $IW:00� $1.400.W . 5175.Op 52,45U.OQ .$300,00� $4.H10.00 pq RIPqAP.C1A551�1 'CY 38 $4000 15 .00 $75.00 IR . 590.00 .$3:4211.06� $124.00 d5,712,00 TOTAL4ART1t�REGENT'SPOtNTSTORM.SEWEk � $295,888.00 $196,879.72 $232,819.00�� 5257S4D30 VART19-REGENTS:OqNTSTREEII � 205 NOBIC7ZATIdN LS 7 $40,004;pp $90;dOQ:00 50.02 50.p1 511,000.00 $17,qCIa,00 � S6,I1b.00 �56,I30:00 ppg 5UBGFAOE PREPARATlQN:$TREET SY 9.300 $1:UD $9.300�:00 30.i8 $4.650:b0 $1.� 5u;a>a.00 Si:io 3io,z3a�.00 p07 AGGREAGTEHA8E.ClA$8�5�. � �SN �9.710 $11:00 $51,810.06 :$33:23 $62,313.3p�. $10.00 547,i00�.00 $1P�50 .554,366,0� � 208 N��l1NTA9LECURB�dGUttER�.... ��LF t.t90 59.SQ 539.8�5.0� �.5960 Se0.2Ya0b�.�. $9.aD � . $19.386.OQ� $f3.20 $55,306.PD . .ppg� T CONCRE7E VALLEY CaUT1ER Sf 74U � $9.60 $7,Sf3n.06 $6.00 �$9,7-011:W $6.35 $$,O16.Sd $6.9� �SS;451�.Op ?70:� �T�'PESPYVFA330CWEAR7'TN�tK TN 2,d2g�. $6500 $131,6?5.46 $66A5 $13T,9qY'.25 $6765 5136,995.75 i55.0f3 SStt,375.QD 217. .BITUMINbli3N1ATERIAI�FORTACKCOA7 GqL. .386 � $3.00 $1,355.Dfi $300 $1,155.�6 .$2.35 $904.75 $IS.DO $4,235.06 212 4'CONCRETE.SIDEWAliK SF 21,510 $3.dp. $6A.530.Od $2�.95 $63��;d54.5a � $2:Sd $53,77S.d0 53:10� 566,6HI.00: .213 CQMMONfXGAVATiON(EVJ,TRAILORSIOEWALK� CV �745 53�.00 $2,�35,00 $34.00 $iQ430�.60. $35:1�0 $11;175:tl0 $fi:ip $Q,Sd4.5p 294 AG67tEGATE�.BASE.CtASS:b,iqpJlOq�SipEyy/d;K �TN .850 513�.00 $11.OSQ:90 �$33:86 � :$77.,586:00 $15.00 $17;75Q00 $;7:30 $IA;745�.00 .215. CONGAE=E.P£OEStRIAN�CViiB RPMP�� :5F 1H0 $4�.55 $Bf9:0(3� $3�.50� $810.OD� �$5.65 SSA1�.W. $6:05 51,089::OD 276�.iRi1NCA7E0WMEPANEL " � �SF�� BQ. $40.00 $2,a06.Ob . $EO.DO � 52�400:00 534.SQ $3:070.00 $38-00 51.280.OU ..:217 d"PVCSCFIdOCANDlN7FilRl7TIL�CR08$ING: EF�.. t.t7p 52.25� $3;b32.50 57.Otl $8:190.00 �.SS.50 $p,775.Otl S�.dQ $H.659.W Zig 8"PVC5CN49CAND4pTFORUT�LINCRO551NG � tF�� 85 $QAO $26p:U0 �$16.dd -$65D:Oa $&00 �5520.00 $9,t5� �$59G�.75 279 360SEE0,FER7ILIZER;-MUlpi . AC :3�3� 57�00 52.450:fY0� 52,500.00 $8,75Q�.M �$5,000:00 517.SOO:qtl �5936:50 $3.277.75 220 7URFES7ki3W8NMENT .LS i . �.$2.5W.OP S1S00.00 SG,500.06 �54.500:00 S1,`..00,00 $1..SW.00 SI,750.0U 52�:750.OU Y21 PERAWJEfdT�HARFiCAOE, EA. 8 � $215.0a 1�65Q:db $275:00 �.i S6�OP $275��:{}0 .65Q00 $303.W $181R W TOTAt➢Aft7'13-REGENTS�PCNNT SiREEYS� . . $Ct0,804SU $36C,29H.Ob�. 5369�80050 $356J153.Otr� 2013�149 BW TeD.xls BT-� � Ridtkr Na.1 8idder Nn,�2' OiUJe?No.3 Bi�der Nn:��4�� BIDTA�ULdTt�N DESIGNINC�:EARTII N3Y�.i�SPkIAI:T,INC.� CEfSLINGE:R FRATTAtGONECQRiP�NIFS Itan . . . . . . . . . Num Item Uni(x. lluit Prire�� TMa1 llni[Ptice Total. Unit Price Toial Un2 Prite Totai T�TAI.:��GpFt7 1-JCRR SANI7ARV 3EWER $108,869.00 $38d;$92,54 .$�58.5pT.00� $311.780.50 �TOTAI��,PART 2-JCRR STflRM SEVJER� $38.H75.W�: $33,789.50 �$q6,15Q.W $G4,325.i5 �787A1 PART 3�-JCRR 5TRE£T IMPROYEMENTS. $230,64d.25� $235;fi2A90 5238:925.00 52A6,34118 TOTAC PAR7 4-157TM SANtTARV SEWER 5115,151.00 $175,737,92 52t9,160.OD 5151,63D.75 T67ALPAR75-1S7THWkTFR:MAIN� $164�;37H.i10 $183.S8Y05 . �S1A5�,138.50� SI24�;112.T) TOTAL.PAftT 6-qUARRY PARK.$TbRM&�EqUAL2ERS .$159p7b:Otl 5155,384,fi5 ��$M7,S16:Sp� $211,557.� 707ALpN2i7-STbRMP6t�REY1SiONS � 573,037.q0 S60,A29.21 576,946A0�� 5110.fi35.80 TOTALPART�B•C54Ha6��MPRQVEMENT3� . .�596,340.Q4 . 5132�,977.09 5135y839.40 $145,SS9:'S0 70TAL FtipT 9•fiECaENT&POIM SANITARV'5EVJER � �$106,385.00� SI4b;7]634 $218,130:00 5149,t8L00 tOTAy GA12T 10-REOENT3 PO1NT WATER�MAIN. � $IS),09&75 $140,0�8.31 5176;572.50 $175,37I.50 T0T.46 PART�7��-REGENT'S POINT$ERVlCES 577:642.QU $87,58528 SiT4,313.p0 $L00,6]0.5U TOTq�pART 12-ftEGENTS P4iNT STORM�SEWER�� $2g5,86600 $196.879.72 .:$742,919:00�. $257;59tl.5d� 707A4 PART 13•REY3Eh21$POINT STREETS �6�.H05.50 36J 248:Ob �.5369900.50�� 8453.0� . TG7AtCONSTRIMIOF! . .$2.034:567.Sq 52.�2T5�48?.62 52,480.51390� 52,497,510.b5 � DESIGNING�EAR7HCONTR,MC.� fvORTH\YESTASPHAI,T:INC. GEISLINGCRAND.SONS,INC FRATALONECOMpAW16S,�INC. 18GSA�BUCHANANSTNE I45lS7AGECOAGH&D SI10E'Ni"RALAVGSPQ80X�i37 3205:SPRUCES"fREET � . . EASTBLTFIF,L,.MN54)i] :SFIA}:OPE£,MN�i537y WATKINS,.RaV�3538Y S?PAUI.:htN-35117 � ��763-030.-1131 452-JY5-1003�� i2Q•7G4-2UOG �651-36-0-1744R S7EPHANIE NEUMANN . GRANT�k3bI5NER 1EFF-GE(SL]NG6R NICK FRATTALONE . PRE$IDLTt7 PRWF.CTblANAGSR PRCSiDkTlT CEO � 5.00%� 5:OU90 S.Qp% �g:Qpy� � Y'ES . YES VTS YES 201�.749 Bb TgD:AIS g7.g � . S. g 7/10/2014 REGENT'S POINT SINGLE FAMILY DEVELOPMENT Apple Valley City Council Presentation July 10, 2014 REGENT'S POINT SINGLE FAMILY DEVELOPMENT Request for: 1. Adopt the draft resolution on the negative declaration on the need for an Environmental Assessment Worksheet(EAW)for the REGENT'S POINT AND QUARRY PONDS WEST development projects. 2. Approval of the Regent's Point Planned Development Ordinance and Planned Development Agreement. 3. Approval the REGENT'S POINT final plat and subdivision agreement. 4. Approval of the 157th Street West Restoration Agreement. 5. Approval of the conveyance of City-owned property to Fischer Sand and Aggregate,LLP. 1 7/10/2014 REGENT'S POINT SINGLE FAMILY DEVELOPMENT PROJECT DESCRIPTION Subdivision of property into 41 single-family lots,four outlots,and dedicated public street right-of way on property located north of 160tn Street West(CSAH 46),approximately Y:-mile west of Pilot Knob Road (CSAH 31). • Outlots A and B will be the location of an existing storm water pond that will be expanded. • Outlots C and D will be reserved for future single-family development. • Dedication of right-of-way for local streets to serve the single-family lots. • Dedication of right-of-way for Johnny Cake Ridge Road,a collector street,from CSAH 46 to 157th Street West. • Dedication of right-of-way for 157th Street West,a collector street, from Pilot Knob Road to the west edge of the final plat. • Dedication of right-of-way for CSAH 46,an existing arterial road. LOCATION MAP �::..� +i� Y� �e �r 3� � REGATSb. .�3 '=R" ��• �� `Jf�`e�' FARK b,-€��—. 4 t�3,T}1RE �-1 �� i u��rrx i�t �,�3�s _ �,„,�:, a ,. . , T , � i� ni i � � �i��. .=��1� I`', , , :., � � A . N�, — i I.�j tr' i aunRaY eoaR . . �� . ' �.� PANK McNAMd P 1 � GRY O LrAK VILL`•E �, . �r�„ "i iS{i� �q � u!' � � i 2 7/10/2014 COMPREHENSIVE PLAN MAP t � _ �r, � � ��: � �� It � � �a �� _�;�� _ �;� - �� . � LD � , � ��I`�g A'�� , � .� � .�` / � ��'�� ; t�� .r�,'' r�'�'��.� . ��/� � � � r ��;.}/ F �. � �"r,t� i 4 �� 1%f � � � 1 J�f "F'�i' �' ysnrw si w � � � � ., . . � � . "LD"(Low Density Residential/2-6 Units Per Acre) ZONING MAP . � � u�� - � �� , �� ,�� > � � `` � � �#Ip�81 a��a �� ' a�� i ' � �� i��N�i�i �i0 �s ��I��rNi�, _ �� I �a — � ��Vlt) � *� _ � . �q� � $ � '�� v�� I �t � - � �� ,�T �` � . . � � � tu��l� _ ��lrt��i 1�� . ��?h i��a� �� i�l��i� ��i�q�� raw�l�� i � �� IP,O� � ��] ] � � �u i�pi�flttl� ti�oU�� ` `�'�i�� e � yg ��i o0� ��i� li� � !��t �,� � � � � �� rt ��IGf� ��NPoidG�� " ``'�� _ . � . � � �.q ' i�Ga� �� ,,r, r�� ,, _ . wwu�� , �.�.��1°� ti�.� ��'2°� ,'�.. � , wF ��y � , � � � �_ ��.. �� . rrt; P � �`s��i�. �,_6_ . . ,ff t PD ' � �� ,. ' I ��`�' ' �...�S � i ��/I �" �� ;- '.� � o tf� g,- [; L`_._; = v � [i ..� � ...... ._. � _ =t � _ �,, .......... _ .......� _, �,- ___.:: I "PD"(Planned Development) . 3 7/10/2014 E�IW CITIZEN'S PETITION The petition cites the following significant environmental effects as reasons for the need of an EAW: • Heavy vehicle traffic on residential streets in Regatta and Lakeviile. • Heavy traffic creating unsafe risks for children at play and use on residential streets. • Higher density housing of Quarry Ponds causing drop in property values, with problems. • Destruction of the Vermillion River Watershed's home to wildlife in southeast Apple Valley • Excessive harmful dust and noise from the gravel mining before,during development. • Destruction of a 20-year-old,2,580 feet shoreline of lake adjacent to Fennel Court and 160th St.W. • Proof,material evidence indicating,due to the nature or location of the proposed project,there may be potential for significant environmental effects. ROADWAY EXTENSIONS 1. Roadway extensions are guided by: • Community Transportation Plans • County Transportation Policy/Roadway Access Points • Access Limitations Based on Intersection Control 2. Proposed Quarry Ponds West roadway extensions are divided into phases 3. Design considerations for roadway extensions 4 7/10/2014 2030 TRANSPORTATION PLAN - APPLE VALLEY � �� , � � }o � � �� E � � ��'" 5;� "� � � ^�. � �„ � � � A �� [ Y � � � (( �� £ p €:P} � �� mm ..� ( m:� t 3 � � � � �� e. � t � � 3 � � ��,•i �,� � r °�� 7`"�. �[ °°, �� ",� . �� , ��..i. � ( �.�, � ,. ��srp�*. :°� . � ! .. . r°'�w � � � } } � �� WWNNYCAKE�EPOAD t � ( � 3�.m '�a�s ....d�. A .x.v.'.-a s.h _ . SITE. � � � � � sa� . iYFFS RM+�eI m �brv20Y3� � �.Q.. .YAt#ik5 LAKEVILLE TRANSPORTATION PLAN (2008) �- � 777 �' �� ,� ,�� -�� :: �� p � ?�Z' . �PAIRGP[ENA1/QiUE . � �� ; "''� ' � �� ` � `> pairgree�� venue � � � ��' '� � � � �.�Minor� I ector) � l � �; �,,� ., , v �� ;� � � {' � . r^' �� ,� -°a . � ' t r� `. `""� m`�' �_ _. � �� s?e_ , �� _ K p«i� � � �` � 6 . . � �R sL�^�-� rg� ��-4. �... � � � < ! 5 � =y r_�� . � �. '� Jr : ..�� a I.R9H�il e ....m�wc«,� _ .y° ,�� s�'__ �.�-ixmrcei a'texosi; . . ` .s"� ,�;c � � ��k�e�cm�a�r§ �„ . Y ' `. �. �?�`�` .L�mf4't.�€HihYiAi ' m � . �� < .sm�x �' °^"'"FtRmlkae�i4'SM'skf2.Ti � �� E� � ... t�'�CxBK#'rR3Ak:&T-S&3 4 . � AkYM�f�W�'�ii3 A\ � �� —fabW Rd� . � '�.� ��._. ��"? � ;� - ��_ ��,�� F . � � `� f+x�filni�GorS �gnfC3 €zeewicrcmryxn=nmAmt�am . � . Ctgai%��Re .. 5 7/10/2014 DAKOTA COUNTY SPACING GUIDELINES ��u�.�,�� ,�� : �� .�_ � � � � �� { _r _ek .�.. �._� .��.�.� � �rt .µm. ..�µ � �� DAKOTA COUNTY � SPACING GUIDELINES 26301R Mita Fui(ACaess Spacing Needs � � � �� t �� F^,� 1 � ,..w.. '`�, W��'. � .. .� m�� _ �£: .. �, _ 1- � f a' . \\ �� . �. t �^ ��,�; _ "°�n `n..�_ .� � i { �� .n. t� H� l . ��.._u..E.''_':4�., ... ��. L ,�5N�'M9 } .�t � (x Mmi _ .�awe 6akofa Cwm.ry 307ff hanspoRatlan Pbn•€igws 31 6 7/10/2014 ROADWAY EXTENSIONS SUMMARY Alignment of Roadway Extensions • Comprehensive Plans for Apple Valley and Lakeviile • Dakota County Transportation Policy • Resulting Alignment of 157th,Johnny Cake and Intersection with CSAH 46 Design Considerations • Lane Configuration/Street Width/Intersection Configuration • Traffic Calming Measures • Parking Restrictions • Direct Driveway Access CSAH 46 INTERSECTION � 7/10/2014 STORM WATER POND WVR-P443 1. Pond was added as a critical component of the City's drainage infrastructure. 2. Constructed within open agricultural field in 1995 for the purpose of runoff rate control at the discharge point between Apple Valley and Lakeville. 3. Provides storm water discharge control and water quality treatment from upstream drainage areas in: • Apple Valley • Lakeville • County Road 46 4. Pond design provides 66 acre feet of runoff detention to reduce peak discharge rate for 100-year storm event/flood control POND IMPROVEMENTS Pond Expansion • Proposed pond expansion to 78 acre feet storage to reduce peak discharge into Lakeville. Over 18%increase. • Continues management of runoff rates from Apple Valley, Lakeville and County Road 46 • Design incorporates additional water quality benefits— phosphorus removal West Pond Boundary Options • Grade pond boundary as proposed • Reshape west boundary and add additional landscape features • Adjust grading plan to preserve western boundary 8 7/10/2014 WEST POND BOUNDARY ` �� W ° �°"'��-�-�—��-.�.—��-��-.-� � �. � �; ��'��S� � �� ` � � ' � �;�� x; � �� ' f �� . � � � �g _ � ��"�� s` �t � r tiX � �� ` �� t f ,� � � �� 'a ��; ° �, ��; � � �„ v�,�'��z� * " � �; : '�r. ` � �`"� � � �� s �° �"� �t:��' �' �.��` f[ �°� � �� arr ca��"�i� �� ' uqu., �.s� _ . . *, �:��.� � � � �' �.,,.�a�- .- �� fr � � � ��; .�. .... .. ,,.�. m. __..„_,. �, . .. �� ,.�t,.. : z ��,�..,.� . � �° �� v,�� "w�'— ° `".""'ti �� '"` wc ..w��°— . '"��..�,�'�"'�`.�,�.° . . ::... x. a. ' . . � � STORM WATER POND WVR-P443 � � � � � � � � � � � LAYOUT � � � � 9 7/10/2014 WVR-P443 POND SITE �1964 .� � r� � � o«i �mi � � � Vll��i��.. � �� ,, ��r � II�� ,' ��:` ,; � � . � ,. � � � �, � � �� , ° ��"`s ; �' � : � � � � �: �, .� � ��` ��'��. „ � 6 ��' � _ - � � u� � . �� i` �a ��. §��,- � �� . ��` _ -`-� ._d� .:.k� � � WVR-P443 POND SITE-1991 z�f , . � r �� .�.- �� _ � � ��,�_ �»��_, �{�__ �i��i �'r �� `, � �__°� i ' _ _ �� __ =t . . _ .� - i'�"x i — �n _� '�. . �� s � � � i�<.� � ��'�� ,r '. ,� ��,�a ` ; � • .. � . a �-,��- �;y�, �"� . € `�" a� . i r� �� '�a F'�� . .. ��- - uv,.� . � �� — .�.��.�.,- -� 10 7/10/2014 �V�TR—P443 POND SITE —1997 �� GRADING PLAN � � � � � � �— ,s ��. - b� � � ` ' � � r,!�� iI i� = .�."""" � � .� .�, ,»,,. _ .., :r i 'I � �� ;`C r .':�..�„"�'"�,.,., - . s ' � ' ,� :. � ��,.� s5 F� T 'j i� �n ,-€2�. . ��5;'i:'�'v:�' ,,v� h ' .� �M � w �_ ` ' ` �� -__�_. �`� `� � �-�� c � � _��°- �"; - . � r�.�::��. ..�. . �.-.. ^��ia�-�--°---- . ��r - _ „�.. �H,„,......:�, �e � „, � �� _� " � _ r. � .�. , , ,.. ... _ .. . .°»-�-.._._�u 4 .�, . ._.__.o.. 4 _.:....�: ... .w .. ,;�� —�::re�"a C �a:a �, »,. m ,.. �� - y � ��_ �W � g ,� �,'�+t. . � ��a` . �*�°^'�'. _;�°�`�_� ��,��,,�,,�� , __�� ,;��., ��6 �„ � � �!� 3 ��-; �s�axr a a�uwz gonns�sr � � � 11 7/10/2014 DNR PUBLIC WATERS INVENTORY WATERS MAP � � � _� __ _� �� _. � � y �._ � �� r `�' �� :n i��`� Aa�� = Ra� {� -� w�,. '� «��: ��s� n . � �� ; � �,��: � °`''� �� ; r.,�.� � _ '� � ' i ,�.� � �� „�a `„� ��4 � � , �.,�� , . _ _.� s � �: �� . � 3 , • ks�= . � t [ � ��, 3 DNR WATERWAY � $ �n,�.., .�j, � �.�. j�. ` °, SITE ,� _ �� ` SITE �� . 3 � ,� � ( .3qts�,�v: � � �i, _ �_.,,,,_ _,,, �� 1 . � � .,,..�,_, � _ _ _ _ _ _ . ��_. _ __.�__ . . __� __ .— --____�....--.� ENVIRONMENTAL ASSESSMENT � � � � � WORKSHEET (EA�l1� � What is an EAW? A document providing information about a project that may have the potential for significant environmental effects. 12 7/10/2014 FINDINGS OF FACT 1. No direct or indirect mining operations will occur in the development. 2. Any dust created during the construction period,will be mitigated by appropriate methods to control dust commonly enforced in the City. 3. The City ordinances regulating unattached single-family homes do not have a specified maximum number of dwelling units per acre. FINDINGS OF FACT 4. The property has been rezoned from"SG"(Sand and Gravel)to"PD" (Planned Development)and a draft ordinance has been prepared that is consistent with the proposed development. 5. REGENT'S POINT and QUARRY PONDS WEST will have a total of 109 unattached single-family homes,which is significantly below the 250 unattached units that would require an EAW. 6. The development is not connected to other actions proposed by the applicants.Adjacent property includes: • Existing completed residential developments to the south and west; • Quarry Point Park to the East • Active sand and gravel mining operations to the north under current City ordinances and a Conditional Use Permit for sand and gravel operations. 7. The development area is to consist of the residential units and the City's Pond WVR-443(McNamara Pond)on land that has not been previously mined or used for a purpose other than farming. 13 7/10/2014 FINDINGS OF FACT 8. The DNR's Public Waters Inventory Map shows the unnamed tributary to the north creek of the Vermillion River in the west side of the development.Regional surface water flow to the unnamed tributary was diverted through the construction of a trunk storm sewer in 1997. • Representatives of the DNR have recognized that the tributary has been degraded over time by farming practices. • The surface water flow has been captured and directed into storm sewer pipes that currently discharge into the McNamara Pond. • The City of Apple Valley has requested the DNR to remove references to the unnamed tributary from the Inventory Map. FINDINGS OF FACT 9. The development is located in the 4,188-acre(6.5 square miles) drainage area of the West Vermillion River District,which is less than ten square miles. If the development would affect more than 500 feet of a natural watercourse,the drainage area impacted is less than the size that would require an EAW. 10. The McNamara Pond was constructed by the City in 1995 for storm water detention and to manage the storm water runoff flow rates prior to discharging from the City into the City of Lakeville. The Pond is an integral component of the City's public storm water drainage infrastructure. It is not identified on the DNR Public Waters Inventory. 11. Surface Wate�Management Plans of the Cities of Apple Valley and lakeville,as well as the Vermillion River Watershed Joint Powers Organization,specify peak discharge rates for the pond. The expansion of the pond,in connection with the development, will provide additional flood storage to meet the intercommunity peak discharge rates pursuant to the Plans 14 �� 7/10/2014 FINDINGS OF FACT 12. The area of the pond was farmland,with no trees, native vegetation or significant wildlife habitat. To maintain if functionality, routine maintenance may require the removal of trees and other vegetative growth and collected sediments.This will impact wildlife that inhabit the pond and the surrounding area. This is incidental to the primary purpose of the pond, i.e. water storage and controlled flowage. 12. Under Minnesota Rules,the pond qualifies as an incidental wetland and is not subject to the Minnesota Rules and regulations governing the conservation of wetlands. FINDINGS OF FACT 14. The pond may have attracted some wildlife;however,it is not a federally designated wildlife refuge. The Natural Resources Coordinator has visited the development area and believes that terrestrial or aquatic wildlife will return in numbers and diversity at least equal to the current community upon completion of the development. 15. The DNR has approved a permit for modifications and expansion of the pond,in conformance with the development,in relation to the adjacent unnamed tributary. Modifications to the pond will provide additional intercommunity rate control of water discharge and improve the water quality of the water that flows to the Vermillion River. 15 7/10/2014 FINDINGS OF FACT 16. The development is consistent with the land uses anticipated in the environmental studies. 17. No recreational trail is proposed to be constructed within the development adjacent to or near the Pond. 18. Traffic in connection with the development will be managed in accordance with the City's Comprehensive Plan and its transportation policies. 19. Destruction of a DNR wildlife refuge or a shoreline will not occur,as there is none located within the development. FINDINGS OF FACT 20. The area in and around the development has been the subject of six different environmental studies reviewed by the City over the last 20 years. They include: • 1988-92: Sand and Gravel Mining Operations and Reclamation Plans Environmental Impact Statement • 1995: Apple Valley Sanitary Sewer Interceptor EAW • 1997: Regatta EAW • 1999: Seed Trust Alternative Urban Areawide Review • 2000: Regatta 3�Addition EAW • 2007: Fischer Sand And Aggregate Alternative Urban Areawide Review The most recent Alternative Urban Areawide Review was prepared and reviewed by the City in 2007,since that time no significant development has occurred in the studied areas. 16 7/10/2014 APPROVED PRELIMINARY PLAT p��„��,��-�� 3 � �� -��-x .-� b � �,�;:� � �-� r� � � �� _ :d�;�� ..�� y � � ;w� ��ifi�� t �` � �� aii��j� �� i��x""` , �* � ° � u��m� �? -, -� � � � � ti = ti��I� �� r'" �� y � �� , ' � --.� �� . �� , 1 � �_ .__ ��' � �,� � � �� _ ��...... � �� ,�a � � , � ; .� �.�,�� _�° ° � : � "��, � t= � ° .� .::� —�;�—�m � _.�� °� � � ��..�, � j � _ _ , , ,� ,��-��_ _.�: � t �.«�,� F� P �...�.� �_�. � _...- � PROPOSED REGENT'S POINT � � � � � � � FINAL PLAT� � � � � �.,�r��x�� Quarry Ponds West� � � � � e �� »� � � � ] ��. �. — �:.��`_� � � � " ��_ � _ — � � �� Phase� � i �� t �� _�� _ � � � � � �: � ; �� _'� �� = � -�� ' z �� '� � _ �r� � � �� `'�� = � � � « m��:��.�T � , � ��c � � ��~ � ��r��t��a_.r_� �.� ,._. 17 7/10/2014 PUBLIC REVIEW PROCESS 1. Quarry Pands Comprehensive Plan amendment public hearing held by the Planning Commission on April 17, 2013. Planning Commission recommends approvaL 2. City Council authorizes submittal of Comprehensive Plan amendment to Metropolitan Council at their April 25, 2013. 3. Metropolitan Council approves Comprehensive Plan amendment on June 6,2013. PUBLIC REVIEW PROCESS 1. Quarry Ponds development project reviewed by Parks and Recreation Advisory Committee at their June 10,2013,meeting. The Committee recommended a cash-in-lieu of land dedication. 2. Quarry Ponds preliminary plat and rezoning public hearing was held by the Planning Commission on July 17,2013. 3. Discussion of cost participation for Quarry Ponds collector roads at September 12,2013,City Council informal meeting. 4. Approval of Comprehensive Plan amendment,rezoning and preliminary plat for Quarry Ponds at lanuary 9,2014 City Council meeting. 5. Quarry Ponds West preliminary plat public hearing held by Planning Commission on May 7,2014. 6. Planning Commission recommends approval on May 21,2014. 7. City Council approves Quarry Ponds West preliminary plat on June 12,2014. 18 7/10/2014 REGENT'S POINT SINGLE FAMILY DEVELOPMENT RECOMMENDATION 1. Adopt the draft resolution considering the need for an environmental assessment worksheet for the REGENT'S POINT AND QUARRY PONDS WEST development projects. 2. Accept the first reading of the proposed REGENT'S POINT planned development ordinance,waive the second reading and pass the draft planned development ordinance. 3. Adopt draft resolution approving the REGENT'S POINT Planned Development Agreement. 4. Adopt the draft resolution approving the REGENT'S POINT final plat and subdivision agreement. 5. Approve the 157th Street West Restoration Agreement. 6. Adopt draft resolution approving the conveyance of City-owned property to Fischer Sand and Aggregate, LLP. 19 ,,, S. C �� ..�� -S �� ITEM: Clty Of��}�� CITY COUNCIL MEETING DATE: JUIy 1 O, 2014 ��y SECTION: R@gUlaF PROJECT NAME: The Legacy of Apple Valley Sixth Addition/Remington Cove Apartments PROJECT DESCRIPTION: • Vacation of Drainage and Utility Easements across the following described property now currently platted as Lot 1, Block l, The Legacy of Apple Valley Fourth Addition: Lot 1, Block 1, The Legacy of Apple Valley; Lot 1, Block l, The Legacy of Apple Valley Second Addition; Lot l, Block 1, The Legacy of Apple Valley Fourth Addition; and Utility Easement per pocument No. 16ll 915; • Development Agreement and Final Plat for The Legacy of Apple Valley Sixth Addition; and Amended Planned Development Agreement. STAFF CONTACT: DEPARTMENT/DIVISION: � Margaret Dykes, Planner Community Development Department ' APPUCANT: PROJECT NUMBER: Remington 1 AV, LLC and Trident PC14-14-ZSB Development, LLC APPLICATION DATE 60 DAYS: 120 DAYS: June 18, 2014 August 16, 2014 October 16, 2014 Proposed Actions Vacation of Easements: • Open the public hearing for the vacation of the subject easements, receive public comments, and close the hearing. • Adopt Resolution vacating the easements and direct the City Clerk to publish the notice of completion of vacation in accordance with the attachments. Develonment A�reement and Final Plat for The Legacv of Apple Vallev Sixth Addition; and Planned Development Amendment: • Adopt Resolution Approving The Legacy of Apple Valley Sixth Addition Final Plat and Development Agreement. • Approve Amended Planned Development Agreement • Approve Assignment of Development Agreement Project Summary/lssues Vacation of Easements: Remington 1 AV, LLC, the property owner of the 5.21-acre lot located southeast of the intersection of Galaxie Avenue and Founders Lane, is requesting the vacation of all existing drainage and utility easements across the subject lot. A letter from the ownership group's development arm, Trident Development, LLC is attached. The subject lot has been replatted several times. The property was originally platted as Lot 1, Block 1, The Legacy of Apple Valley, which was approved by the City in 2002. The property was replatted in 2003 as Lot 1, Block 1, The Legacy of Apple Valley Second Addition. And the property was replatted again in 2004 as Lot 1, Block 1, The Legacy of Apple Valley Fourth Addition. When the previous replats of the property were completed, the easements were not vacated, which lead to a duplication of the easements. It has made the legal description of the site cumbersome. The property owner wishes to vacate the existing easements and reestablish them as part of the final plat for The Legacy of Apple Valley Sixth Addition. This will simplify the legal description of the property. The new easements will have the same dimensions and be in the same location as the existing easements. There are City utilities in the easements, but the new easements for The Legacy of Apple Valley Sixth Addition will adequately cover the infrastructure. Staff has no outstanding issues with the requested vacation, and no comments expressing concerns related to the vacation have been received. The Le�acy of Apple Valley Sixth Addition—Development Agreement and Final Plat, and Planned Development Amendment: Attached is the draft copy of the development agreement and final plat for The Legacy of Apple Valley Sixth Addition, which has been prepared by the City Attorney's office and reviewed by Remington 1 AV, LLC,the property owner. The plat, which consists of two (2) lots, is generally southeast of the intersection of Galaxie Avenue and Founders Lane. Lot 1 will be 2.66 acres; this lot will be developed in the future. Lot 2 will be 2.54 acres. A public hearing on the subdivision of the land was held by the Planning Commission on May 21, 2014, and recommended for approval by the Commission at its meeting on June 4, 2014. The City Council approved the preliminary plat for The Legacy of Apple Valley Sixth Addition at its meeting on June 12, 2014. The Council also approved site plan review/building permit authorization far one 101-unit apartment building called the Remington Cove Apartments at that same meeting. Park dedication will be satisfied by a cash payment in the amount of$262,868.00 for Lot 2. This amount will be collected prior to the release of the final plat for filing at Dakota County. Park dedication for Lot 1 will calculated when the site is developed, and that amount will be collected at the time of issuance of the building permit for that lot. An approximately one-acre storm water pond, which was dedicated to the City as part of The Legacy of Apple Valley Addition, satisfies the ponding requirement for the subject plat. Also attached is an Amendment to the Planned Development Agreement. The property is zoned "PD-716, Zone 2". Because this is a Planned Development district, a change to the existing Planned Development agreement prepared for The Legacy of Apple Valley is needed. This agreement approves the changes to the original plan and allows the plans for the Remington Cove development to move forward. This is considered a"housekeeping"issue. Budget Impact N/A Attachment(s) 1. Draft Resolution-Vacation of Easements 4. Xcel Energy comments 7. Development Agreement 2. Location Map 5. Letter from Developer 8. Planned Development Agreement 3. Legal Description of Easements 6. Draft Resolution—Fina1 Plat and Subdivision Agreement 2 C:\Users\jmurphyWppDataU.ocal�Ivlicrosoft\Windows\Temporary Intemet Files\Content.OutlookUERCKZFP\071014 CCMemo Legacy Vacation and final plat.docx * CITY OF APPLE VALLEY RESOLUTION NO. 2014- 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 July 10, 2014, 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 Va11ey 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 10�'day of July,2014. 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 CONC�RN: NOTICE IS HEREBY GIVEN,that pursuant to the resolution of the City Council on July 10, 2014, 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: l. All drainage and utility easements as dedicated on the plats of THE LEGACY OF APPLE VALLEY, THE LEGACY OF APPLE VALLEY SECOND ADDITION, and THE LEGACY OF APPLE VALLEY FOURTH ADDITION, according to the recorded plats thereof, Dakota County, Minnesota, lying over, under and across Lot 1, Block l, said plat of THE LEGACY OF APPLE VALLEY FOURTH ADDITION. 2. Utility Easement per pocument No. 1611915. Notice is further given that the vacation proceedings were completed by the City Council on the 10�'day of July,2014. A copy of the Resolution of Vacation of Public Grounds is attached hereto as E�ibit A and incorporated herein. IN WITNESS WHEREOF, I have set my hand this _ day of , 20_, 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,Minnesofa. , DRAFT Notary Public This document drafted by: Pamela J. Gackstetter, City Clerk City of Apple Valley 7100 West 147�' Street Apple Valley,Minnesota 55124 �� ,..,� � �,�. �..,�.�- ��. � :� � � "�' �r, �� F a � a �'- � t9 � ?� � ' � a r�x- '"a�H �f�� ♦ �,�� }��fl�' � � " �� a e sa��T� � • a �.�� ,� ♦ � ��k�;=: � k�� SITE �� x��::_ �� . � - � � �.�� 1�, �: ��,� ��"��`��«�� _ � � ��i��' , ��=M�� r°�ost � } _ � W,.rw,,,,� � � ,,�, �„�„�.o.,,..��,�.� � VACATION �� ` � '-x � , , A'��ii �� _ �� ' �� OF EASEMENTS - ,� . ��:�� THE LEGACY � �- � AREA MAP ��` � N W E ° �_: . . . . .,, 'Lk ,, ` .� ...... ,.,.. '�' �� p�►�� ENVIRONMENTAL • ENGINEERING • LAND SURVEYING .June 16, 2014 Easements To Be Vacated: 1) All Drainage and Utility Easements as dedicated on the plats of THE LEGACY OF APPLE VALLEY,THE LEGACY OF APPLE VALLEY SECOND ADDITION, and THE LEGACY ' OF APPLE VALLEY FOURTH ADDITION, according to the recorded plats thereof,Dakota County, Minnesota, lying over, under and across Lot 1, Block 1, said plat of THE LEGACY OF APPLE VALLEY FOURTH ADDITION. 2� Utility Easement per pocument No. 1611915. 248 Apollo Drive, Suite 100 • Lino Lakes, MN 55014 • Tei 763-489-7900 • Fax 763-489-7959 • www.carlsonmccain.com R I�D E�=N Development, LLC. 3601 18th Street South•Suite#103•St.Cloud,MN 56301 Phone:320.258.4438•Fas:320.252.3603 June 16,2014 Ms. Margaret M.Dykes,AICP �� Mu�cipal Center ��%+�� ' 7100 147�`Street W. Apple Valley,MN 55124 �"�a _._.__._ _ VIA E-MAIL and U.S.MAIL Re:APPLICATION FOR VACAT�ON OF EASEMENTS THE LEGACY OF APPLE VALLEY SIXTH ADDITION Dear Ms.Dykes: � The enclosed application for vacation of easement is submitted in order to simplify the legal description for the above referenced plat. Over the course of several previous plats,the drainage and utility easements have been replicated without vacating the underlying,duplicate easements. This application proposes to vacate the duplicated easements,thereby simplifying the legal description by not needing to reference each of the duplicate easements carried over from the previous additions to the plat. The vacated easements will be re-dedicated on the final plat of The Legacy of Apple Valley Sixth Addition. As you know,the adjoining property owners are not affected by this vacation of easements, however we have contacted each of them and expect to obtain their signatures shortly. Mr. Haight is out of the country until after July ls` We request that you accept our application and allow us to provide the neighboring property signatures as soon as they are available,but no later than final council action. Enclosed with this letter please find the following materials: • Vacation of Easement/Public Grounds Application Form • Legal description of Drainage and Utility Easements to be Vacated • Final plat of The Legacy of Apple Valley Sixth Addition • Names and Signatures of Abutting Property Owners(signatures to follow) • A check in the amount of$158.00 as the Application Fee • A check in the amount of$500.00 as Financial Security • Deposit Agreement signed and notarized by the applicant and land owner � We thank you in advance far considering this application and look forward to the approval from City Council. Please feel free to contact me at(320)258-4438 or(612) 242-6097 if there are any questions. Regards, t Development,LLC i � � Roger . ink Sr.Vice President Enclosures C: Scott O'Brien, Trident Development,LLC (via e-mail) . Jeff Drown, Galaxie Partners,LLC (via e-mail) Tom Balluff,Carlson McCain(via e-mail) Tony Gleekel,Esq. Siegel Brill,P.A. (via e-mail) � Dykes, Maggie From: Gackstetter, Pamela Sent: Friday,lune 27, 201412:07 PM To: Dykes, Maggie Subject: FW:The Legacy of Apple Valley Attachments: The Legacy_Vacation.pdf From: Berglund, Christopher D [mailto•Christopher D BerglundC�xcelenergy.com] Sent: Friday, June 27, 2014 12:04 PM To: Gackstetter, Pamela Subject: The Legacy of Apple Valley Pamela, In response to your Notice of Hearing (copy attached) regarding the proposed vacation of Lot 1 Block 1 of The Legacy of Apple Valley Fourth Addition, Xcel Energy has no objection to these vacations. The electrical service in this area is provided by Dakota Electric. Please contact me if you have any questions. Thanks. Gheis ��g! r�d ��s�i��L.�r�c�l�igh�� g�� Xcel Energy� Responsible By Nature 414 Nicollet INlall, MP-7B, Minneapolis, MN 5540'1 i�: 612.330.6471 �: 612.964.8827 F: 612.318.4251 �: christopher.d.berqlund(c�xcelenerqv.com 1 CITY OF APPLE VALLEY � RESOLUTION NO. 2014- FINAL PLAT AND SUBDIVISION AGREEMENT APPROVAL THE LEGACY OF APPLE VALLEY SIXTH 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 May 21,2014; and WHEREAS,the City Planning Commission found the preliminary plat to be in conformance with the standards of Chapter 153 of the City Code and recommended its approval on June 4,2014, which was subsequently approved by the City Council on June 12,2014; 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; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that the subdivision agreement and final plat for the following described plat of land are hereby approved and the Mayor and City Clerk are authorized to sign the same,to wit: THE LEGACY OF APPLE VALLEY SIXTH ADDITION 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 10`t'day of July, 2014. - Mary Hamann-Roland,Mayor ATTEST: Pamela J. Gackstetter, City Clerk D� �1 � 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 DRAFT D�VELOPMENT AGREEMENT Eetween _ - -GALAXIE PAR.TNERS,LLC - - -- - - - - And . CITY OF�PPLE VALLEY For T�xE LEG.A.CY 4T APPLE VALLEY SIXTH.ADDITI�N � , ' AGREEMENT 'UVHEREAS, the City o�App1e Valley, a l�tinnesota municipal corporation, (the "City"), has been requested by Ga1�.�cie Partners, LLC, a Minnesota linuted liability company{the "Developez�") to approve for recording the following descxibed subdivi�ion of laa.zd: The Plat of TI�LEGACY OF APPLE VALL�Y SIXTH ADDITION (the"Subdivision"}; and WHEREAS,�he D�veloper intends to develop the�ubdivision as two (2) lots; and �HEREAS, pursuant to City Ordinances, the Plannin.g Coinmission held a pub�ic hea�ing with reference to the applicatiori for appxaval of the plat on Nray 21,2014; and WHEREAS, the Planning Gommission recornanezlded its approval an June 4, 2014; and WH:EREA.S,the City Council app�oved the preliminary plat on 3une 12, 2014; N4W, THEREFORE, in considerat�on�f tlae�o.utual agreeme�nts of th.e pari:ies it.is hereby agreed by and between the paxties as follows: �. Subject to the terms and conditians of this Agreement, the City hereby approves far recordi.ng the plat lrnown as THE LEGACY OF Al'PLE VALLEY SIXTH �DDITIQN, as shown a�nd nated on �xhibit "A" attached hereto. Upon recorcling, the Developer sha11 submit copxes af the recorded �'lat and the recorded Devela�ment Ag.reement to thc Ci�ty for its reeords. 2, 'The follawing I�nprovements sha11 be:n�a.3.ntained as follows: I A. The City shali o�ly be responsible far maantenance of sanitary sewer lines � having a pipe equal to or greater than eight inches in diameteir and located withit�. public right-of=way or utalifiy easements. Ma.intenance of service an.d iateral lines shall �e in accoxciar�.ce �vith City Policy 2.03 Water and Sanitary Sewer Se�•vice Maintenance and Repair Policy Adopted July $, 2010,per Resolution 2010-14�. 1 � B. The Cifiy shall only be responsible far the mainten�.nce o£ wate� lines having a pipe equal to or greater �an szx. inches in diameter �nd Iocated within public righf-o�way or utility easements. Maintenance of service and laferal lines shall be in accordance w�th Ciiy Policy 2.03 Water and Sanitary �ewer Service Mai.ute�a�ace and Repair Policy Adopted Ju1y 8, 2010,per Resolution 2010-144. C. The storm sewer impravements shall be owned and m.aint�ined by the City as�d sh�. be located entirely vvi�l�in public right-of way or d.edicated public ea.semen�s. 3. The Developer agxees to install the driveway, paxlcing lot(s), sidewalk{s), landscaping, suUdivision monuments and protec�ive utility setvice boxes to sexve the bui.lding, in accoxdance with and under the follawi.�a.g canditians: A, To grade the Subdivision in accordance with the Crrading Sc Erosion Control Plau received in City offices on May 29, 2014, subj ect to xninar revisions as may be approved Uy tha City. B. To const�uct sxdewalk(s} and driveways with concrete or bitum�not�s material in acco;rdance with City consi�uction standar�s. �. To seal ar cause to be sealed aIl existing wells on the Praperty ix� accordance with State, County�a.d local laws. D. To install a prateciYVe box and covez' over each sewex cleanout and water shutoff,ta City specifications. E. To instal.l all perimeter subdivisiQn monuments and lot monume�nts �pon ar � before tihe�'iling of the plat for recording. F. To anstall and�.ain�lain�.tl. nlatei7als (lrees, shn7.bs and sod) identified in the Landsca�e Plans rece�ved in City o;�ffices on May 29, 20Z4 attached h�reto « „ « » « » « �, as Exhibi�s B-1 , B 2 , B-3 ar�d B�-4 , including sodde seeded , public boulevard area up to each street curbline; subject to submzssian at the time of building permit applicatian o� a de�ailed land.scape planting price lisi; that confi�ms the landscape materials, irrzgation system and other c�mmon area amenities zneet or exceed 2 %z % of the value af the constru.c�ion a�'the buitding based on Means Construction Da-ta. G. T17e Deverapex agrees ta comply with al� requirements of the Natural Resources rnanagement regula�ions as set farth in Cliapter 1S2 of 1:he Ap�Ie 2 � Va11ey City Cade prior to, during and after the davelopment of tY�e Subclivisioa. The Develogex fiu�tYher ag,�ees to submit to the Cit� fnr its approval, a Natural Resources Management Plan prior to any construction ox land-di.sturbing activity in cannection with the development of thi� Subdivi�ion. The Developer shail implement and comply with a11�erms an.d conditions of the approved Plan prior to a.nd during any construcfiion or land�distarbing ac�ivity, inclucling, but not limited to, maintaining tlie perform�lnce security required in Chapter J.52 of the App1e Valley City Code. H. To install erosion control measures in acco�rdance with the Apple Va11ey Natural Resource Preserva�ion Plan. I. Ta install each item noted in Paragraph 3, herein, at the Developer's sole cost annd e�ense, in accordance with alI plans reviewed and approved by _the-City. . _ . - - - _ _ _ _ �. To repair any and all darnage to exi.s1ang streets, clubs, szdewalks and other right-of way impxavements caused by or arising out of the development and construction of the Subdivisian. K. To attend a precanstxuct�on meeting with representatives of the City and to requiz�e the atten.danee of aII coni�actoxs and subcan�ractozs, prior .to commencement of construct�on. L. Developer will not bu�ry any pipe nor install bitumuzous sur�ace nor pour concrete without the speci�ic approval af the City Inspectoz, prior ta the work being perfonned. M. All "on-site" znspections by the City wi11 be. done at the sole cost �.ud expense to Developer, by persons supplied by the City. N. �onstruction sha1.I be Iimited to tla.e hours af 7:Q0 a.m, to 7:00 p.m. Monday through Friday aud 8:44 a.in. to 6:00 p.m. on Saturday. Canstzuction sha11 not occur on Sw.�.day. 4. Eaxtlur,oving ac�zvities sha11 be lixnited ta the hours of 6:30 a.m. to 5:30 p.m. Monday i,hrough Frid.ay. Eartl.�noving activities shall nat accur an Saturday o� Sunday. Earti�movi�g ac�ivities shall not occur when wind velocity exceeds thirty (30) miles per hour. Wateruag to cantral dust sha,ll Qccur as needed and whenever directed by the Apple Valley Building Official or Zouing Aciministrator, 3 . P. To abide by and satisfy the cond.itions of prelizninary plat approval which aae attached hereto as Exlzibit"C"and incoi�orated herein. Q. That any material violation of the terms o�F this Agreement and in particular thi.s sectzon., shall a1low the City to stop and enjoin a11 construction in the Subdivision until authorizatian to proceed. is given by the Czty. The Developer agrees to hold �1�.e Ci.t�y harmless from any da.niages, causes of � ac�.on, or cla�ans related to the const�uct�on being stopped by the City. 4. Prior ta the release af the plat for recording,the Developer shall: A. Deliver to the City a letter of credit or c�.sh escrow in the amoun� of $15,O��AO to secure the pezfornaa.nce and payment af th.e Developer's abligations under �his Agreemenf, in a fonn and wi#h tern�s ta the sale -satisfac�ion-of the City..1=he secuxity requ�red by thi.s paragraph-shall-not be - released �.mti1 all of the Developer's obligatio�s under this Agxeement are fiilfilled. B, Pay fihe City's reasonable costs related to t�.e Subdiviszon ancl this Agreemen�, including but not limited to admini:stz:ation, engi��eering, legal fees a.nd inspecti�n, which the City estim.ates to Ue approximately $4,50QA0. Developer shall deposxt the suana of$4,500.00 with the City �'or payment of the City's reasonable costs. Tlae City shali submit invoices to the Deveioper with detailed descriptions of the services rendered by the City in accorda.za.ce with this Agreement. If the City's reasonable costs exceed the deposit, Developer ag.rees to reimb�use the City wifihin thirty (30} days of biliing. �hauld the costs be less than the amaunt af#he deposit, upo�.cornple�ion of the Municipal Impravements, the amau$t remaining on deposit sla.all Ue returned to the Developer. � C. �xecute and deliver �o the City an access restriction easelnent in the form attached l�ereto as Exhibit "D". The easen�.ent shall be recorded at the Developer's exp�nse. D. Execute and deliver to the Citiy a crass-access and parking agreement in. a £ozxn approved by the City Attorney. The agreement shall be xecoxded at the Developer's expense. E. Execute and deliver to �the City an Anlendna.�nt to Planned De�relopment A�reetnent in. tlie forYn attached hereto as Exhi�iit "E". The amendn�ent shall be recorded.at the Develo�ex's expense. 4 . S. The Deve�oper agrees to insfa.11 a11 uti�zt�es undezground in the Sub�ivisiol�, specif�cally including electrical, telephone, cable television and gas seivices. The Developer hereby represents that a11 utility services will be available for a build.ing prior to occupa.ncy o�any dwelling in th��.t respective buz�ding. 6. No occupancy of any btu.3.din.g in the Subdivision shal.l occur uutzl water, � sani�ta,ry sewer, and a gravel driving surface are available for use to that builc�ing. 7. Upon submi,ssian of a building permit application(s}, the Developer agrees ta pa.y the City far the �ubl'zc servzces fi�rnished to the Subd'zvision, an �.naunt as determined below upon the basis of units (�er building) as determined by the City Engineex, whzch alnaunt shall be paad in the fall.owing ma�vaez�: _ _ - - _ _ (i) Sewer Avail.ability Charge - The rate per unit is based on the year in wluch the building permit is i.ssued {presently $2,�25.0� per unit - $2,325.00 Me�o and $300.00 City). The person who ap�lies for a buildang permi.t sha�.1 p�.y, at the tizne of the issuance of the permit, an anzount equal to �he rate ti�n.es the number of wnits. This fee is subject to change if the abligation of the City to the Metropolitan Waste Contral Commission changes. (u} Water System, Sup�l.y and Stoxage Cha.rge - Tl�e rate pe� unit is based on the year in which the building permit is issued (pr�senntly$517.00 per unit}. The person who applies for a builcling permit shall �ay, at the time of the issuance of the permit, an amount equal to the rate tunes tlie nurnber of ti�[nits. . . 8. The p��;ies mutually recogniz� a.nd agree that paxk dedica.hon xe+quirements as provided in Ck�apter 153 of the Cii:y Code £or Lot 2, B1ocic 1, sh�be s�.tisfied in tota.l a.nd complete satisfactian by a cash paylnent of�261.,868.00, notwithstanding any past agreem.ents for fihe payment of park dedicatian fees, includir�.g real praperty th�.t inch�.d.es Lot 2,Blocic 1. The cash dedication payment is cnmputed in the following manner: 5 ' � S� 1: Land Dedication 101 Units x 1,7 Residents per Uni.t x O.OQ955 Acres per Resident= 1.�4 Aczes Ste� 2: Gross Cash Dedication 1..64 Acres x$175,000.04 per Acre=$287,000.00 Ster� 3: Credit for Previous Par1c Declication � 49% o�$51.,294.00 credit for dedication of Outlot B, The Legacy of Apple Valley, attributed to Lot 1, B�ock 1, The Legacy of Apple Val.ley Foww�t�h Addition = $25,I32.00 crec�it Ste� 4:Net Cash Dedication $287,aaa,00 gross cash dedication less $25,132.00 cred.it= $2b1,86$.00. _ .. .. .. - - - - -- . _ Payment must be made�to the Gity priox to the release of the plat for recorcling. 9. The pax�es mutually recognize a.nd agree tlzat park declication zequi�ements as provided in Chapter 153 0£the City Code for Lot 1,B1ack 1, shall be satisfied in total and campl�te satis�action by a ca.sh payment in an amaunt to be determined at the time of szte plaia/building pezmzt authorization for Lot 1, B1ock 1, basecl on the number of units, residents per urut, parlc dedacation requirements per r�ident a�.d benchmark land valuations then in effect, natwithstanding any past agxeements far the payment of park dedicativn fe�s, including xea.l praperty that inclu�es Lat 1, Blocic ].. The cash declication requirement shal]. be of-fsei: by a credit equal to 51% of the $51,290.00 credit for . c�edication of Ou�.ot B, The Legacy of Apple �Talley, attributed to Lot 1, Bloelc 1, The Legacy of App1e Va11ey Fourth Additian, vvlv.ch equal.s $2b,158.00. Payment must be made to the Czty priox to the re�ease of the Uuilding permit far Lot 1,Block 1. 10. The parfies mutually recognize and agree th�.� storm water pond dedication requirenlents, as provided in Chapter 1 S3 oF the City Code, have bc�n satisfied by the , dedica�zon ta the City of Outlot B, The Legacy of Apple Valley, �.ccoxciing to the �ecorc�ed plat thereof,Da��ota Coun�y,Minneso#a. 6 � , 11. The Developex agrees to provxde a private lighting system for the Subdivision, iti accordance with tlae City and Dal�ota Elec�ric Company sta�.dards. 12. The Developer �grees to pravide fihe City with as-built surveys for any � build.ings constructed wztlain the Subdivzsian, prior to the issuance of the Certi.ficate of Occupancy£ox that building: � 13. The Developer agrees to reimburse the City for all engineering, administ�a�.ve and legal cos�s and expenses incurred by tlae City in cannection with this Agreement, or the enforcement thexeo£ 1�4. The Developer hereby speczfically release the naembers af the City Couneil from a.ny personal liability in connec�ion-with handling fiinds pursuant to tlae te��ns of this -- Ag�eement, and fii�i:her agree to indemnify and hold the rnemUers of the City Counci� harmless from any claiin, of any and every nature wha.tsoevex, as a result of t13is Agxeement or the crea�ing of f�e Subclivision. 15. The pa.1-iies mutually recognize �tad agree that all tertns and concli�io:a.s of this Agreeznent run with the land herein descril��d with respect to the particular Iot affectec� and shall be binding upon the respective heirs, adnainistr�,tors, successors and . assigns of the Developer. 1b. The ri.�hts and ob1'rgations he.reu�nder may not�e ass3gned vvithout the prior wri.tten consent of the City. Upon approval of any assignment, the assignor's obligations hereun.der sha11 conrinue in fiill force and effect as to �he lat transferred un�il the recarding of th� conveyance o£such lot from assignor ta assignee and the recording of an Assignment of Development Agreement substan�ially in the form attachecl hereto as Exhib�t "F". Copies of's�crch recarded documents shall be c�elzvered to the City. 17. Tlus Agreexnent supersedes any and a.11 previous developmcnt agreements to the extent they apply to the Subdivision, including wi�.aut lunitahon: {i) that certaan Devel.opment Agreement for The Legacy o£ Apple Va11ey Second Addi�.on, between Legacy Holc�ings--AV, LLC and the Czty of App1e V'a11ey, dated January 14, 2004, fi.led . � ' of record Febn�ary �, 2004 as Dacument No. 21.71547; an.d (u) that certain Development Agreement with fhe City of Apple Va�ley, dated March 25, 2404, filed of record August 5, 2004 as Document No. 2425709 (collecti�ely, the "Previo�.�s Develop�nent Agreemen#�"}. The �erms o� thi.s Agreement shall control the developxnent of the Subdivision and the terms of tl�is Agreement shall cont�ol over any conflicts between�l�e Previous Develapn�.ent Agreements and t.�is Agreement. IN WITNESS WHEREOF, the pa,rl:ies have hereunto set theix hands this^day of , aaX�. DEVELUPER: Gala�e Partners, LLC, a Minnesota limited li �l.i.ty ompany � - , � By: � ��.�=-� ►�Wn its: ��t�.J�..�,�1 � C'�n�,��,'r CI1`Y �F APPLE VALLE'�' By: Mary Hamax��o.-Roland Tf,�: 1Vlayoz By: Pamela J. Gackstetter Its. City Clerk 8 . � STATE OF NuNNES4TA} ) ss. COUNTY 0 .C�l',vY1'�S ) � On�s � day a£ V� 2014, before me a Notaa y Public within and�or said County, persanally appeared,�-Q � � yL1W�, to me persanally knawn, who being by me duly sworn, d.id say that he/sh� is the �iP��StGP.��-k � �'.��.ti� of Galaxie Pariners, LLC, the Minriesota liinited � lia�bility campany named in the instrument, and that said instrument was signed on behalf of said limited lia�iiity company by authority of its Bo�rd of Gavernors and said �rP.�t t�.�.�rt� �- �V11.�ti �' acknawledged said instrument ta be the fi ee act and deed of the�iuxuted Iiability cainpany. ot Pu _ _ _ . . .- - - - - - - -- ---------- __.. ... _.. . ... . � SALIY St�SANNAH P�TRON NOTA�IY Pt)BUGMINNES4TA STATE OF MINNESOTA) �ny camm.�xp.,�an.�.�o�� , ) ss. , CO��'Y 4F DAKOTA ) On this_ day of , 2414, be�'are me a IVota�y Public withzn.az�.d fo�r sazd County, personally appeared Ma�.y Hamann-Roland aa�d Pam.ela J. Gacks�etter ta me pers.onally knawn, who Ueing each by me duly svt�orn, each did say that they- are respecf�vely the Mayor aud Clerlc of the City of Apple Vall.ey, the �a.unicipality named in the faregaing instrument; and that the seal a£fixed o� behaZ� of said municipality by authority of its City Council and said Mayor and Cie�k acknowledged said instrument to be the free act and deed of said municipality. . Notary Public THIS INSTRUMENT WAS DRA.T-�TED BY; Doughe�ty, Malanda, Solfest,�IiI1s &Bauer P.A. '7300 West �47th St�eet, Suzte 6d0 .A.pple Valley,Miunesota 55124 (952) 432-3�36 {NIDK: d6-3484� 9 . i THE LEGAC�.' OF APPLE �VALLEY SIXTH ADDITION � 1�1C1Y AV.CY T�I�e PHE�f13 llw!Gd¢de PWw4 LLF a NFnsnm Ihnitetl I�'�'minPa�x^nner o1 fhe i?Ilo'wn9 eocmea P�W� � dx CoUNaL aF APP1E vYIPY . � . . . 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' CiTY O�',A,PPLE VA,LLEY RESOLUTT4N NO.2014-88 PRELIlV1�NARY PLAT Al'PROV AL TI�LE�CrACY(�F APPX,E VALLEY S]XT�-T.ADl]�ON 'Wk�F�tEAS,pu:rsuant�o N�i�rmesota.St�.utes 4f2.358,ihe City ofApple Valley adapi:ed,as G�.apter 1�3 afthe City Cade,reg�la.tzons to con�roX tl�e subdivrs%on of Xand wi�hin.zts bo�c1.ers;and 'W�HEREAS,�ursuaint i:o C�a.pter 153 of�tl�e C�.ty Cade,fhe Ciiy P�at�i�tg Gobnrnissiozz held a public 1�e�ng on an app�xca,tio�far subdivisian of ls�id by pla�an May 21,2�14; and WI�EREA�,fhe Czty�'laianin.�Co�rnn�.issian re�viewed t�e g,re�azz�znary}?lat For cozzfoz�mance with i:t�e standart�s a:F Gl�sapter 153 of t�City Code aaxd na�e a.reccarnmendatza�i regaxding its a,pp�av�1 an Jt�ne�,2014,sulx�ec�io canditi�ns. Na.W,THER.��{3RE,.$�.IT RESOI.V�?D by�la.�City Council of t1a.e Ci�+o£,�.�ple-V�Iley, - __ .. � Dako��.Cazu��r,�'ixanesota,,�.zat the prelunivary�alat�a��e followin�described plat af la�d is kxereby a�xaved far a two�ear pp��riod,f.o wi�: � . , '�'I�LEGACY OF APPT�E VAL�,EY SIXTH ADDTTION BE IT�IJRT�-F��2.:RES4LVED,puxsuant t�C�ter i53 of t�ze C�ty Code,t�at sa�d preXxn�ixiaxy plat app:rova�.i�s�bject#o t3�e foClowin�conclitiox�s,wrv.a�sIiall be ii�.corporated into a subdi�isin� �greernEnfi 1:t�be consi�.ered for approva�at�.e t�ae�f subz�3ission of-�.e z�ec�►aes�for :fit�l plafi approval: I) T�a��at shall be cox�figured to have�.vo{2)Iots and zero{0)ou�Io�s. Lt�t 2,�3loak 1., � sha11 cantain na more�ian 101 xesidential ur�.�:s in a 3-story apartrn.ent bu�Ic�g as 5�1�TVIl QXl�Il�Sl��ll��IeG�T:P�Itl G'Try 0�'1CBS OIl�.��,��04. . 2) Parlc ded.icatzon requuezner�s are based upon�a City's�zn.dau�#1�at the subdivision wi.tl creai;e 1?2�esid�r�s/oecupa.z�tha,t will generate a asec�for Q.64 acre�ofparI�la�.d � in accardancc with adopt�d Ci��r st�.nc��rc�s for.park se�rvic�s. This req�rired dedaicai�o� sha11 l3e saii�fied by a casla.-zn-Iieu of Ian�i ca�.butioz�based on Q.64 acr�s of i�eded �aS.d area at.a b�nchmark land vafie o:f$175,000 per�re,wlaich the City zeas�rxa�ly deierrnines tha�it wi�1 ne�r�to exper�d�l:�acquire land elser�rhere�n order to pr�vide t�ie �ecess�;ry park serv�ices as a xesul�o�this su.bdivision,wzt'�z crecl�it given:Cor.pxevio�sly ded�oat�d.park 1at�d. 3) 5tozx�a.water�oz�d dedicatioza ze�quire�rnents�.ve beezx sati.s�.��.by t�e ded�catinz�o� storni�va.�ter poztding easexaxu�i�x'S�e Legacy of Ap�ie Va11ey�Additaon. 4) D�.cation�x��:he f�a1 p�at of clra�ni�ag and.uiality easemezxts�t�i�ti.1��plat suf�ciexzt t�ser�v�a.il.units withi�,�.•t�e devetcr,�ent,eitkter a�cl�fined or blaulc�t easement. 5) Ir.�st-�l.la,�zazx a:Ctnxmicipa�sarai.tary se�we�,�r�ter,storm ser�e�r,anc�s�re��improvema��ts as necessaxy to serve�ae plat,r,on�i�ucted in accoxda.n�vait�a adopted City stan�a�rds, includang the a.cqrxisition of any necessary e.asem�n�s outs.ide tba bo�ndaries oi'�.e p�a.t whiah are n�ede,��o izastall ca�anec�io�.�to saitl necessary ix��rr�vements. The I�velopar sha1l enter into an agreezx�e��t w.it3a 1Ja.e Ci�fo�pay�xien�af tlae c�asign of said municipal inaprove�nents. . 6) �asta�lation of pedestriau a.zxapxove�axer�ts in r�.ccoz�da�noe�with t�ae Cit�`s�dapted Trai1 �d�idewwall��a�icies,�o consist af s�c fo�t�S')wide cauc�ete sidewaiks a�i.�ng 153'� Sfireet W, and eight£oot{�')concrete sidewa1l�along Gal.a�ie Aees�.�e, 7} �ulsanission af a�inat gxac�ing pl.aaa and l�t e],ev�ti�x�wi�.erosion coxrtrol pracedures, to be reviewed anc�appr�veci by ths City E�.gin�r. T`�le applicant sha11 also subzn�a copy of t�ae oft�Ze U�neza�Storm'�at�r Permit a�r�sroval fror�.the Minnesata Po�Iutinn Cox�i�ol Agen.c�pursuax�to Mix�a.eso�taa Rulas 7'1 f?4.1000-7104.1100 regardi�xi,g the St�.#e NPDES�'�rmit�rior to co�nmen�ceme�i:o:f gracliug act�vity. �8) �nstallatzon of Crty s�e��rees on boutevaxd areas af'�ublic st�eet�.gi�twof-ways,in acaa.rdax�ce vaitla species,size,and spacing sYandards establishetl in tbe Ap�le Va�ey � Sixeetscape Ma�ra:g�ty�rit Pl�. - - . - - - -- - - 9) Dedi�a�zon of o�e foot(1'}wide�asements which resirie�c�ir�ct dxi�vsway access to .�'xalaxie A�renue��tcept in fihase placcess shown on the�lans�e�eived ix�City o�fices on May 29,20X 4. 10)�a,s�a�Iation of a ptil�lic or privt�t�streei lighting systen�,Gon�ru.cted to G`ity at7c� Dal�ota.��ectric Gazn.par�y stazxciards, X�)Coi�structic�n shall be lixnitetl to the bours 7a..m.to 7�.�'n.NMonday thraugl�z��icIa.y. Weel�end consfruction hours shatt be�nited to 8:00 a.m..tQ 6 p.m. Satuxcla�. . �.2)Ear�x�aving r��ivities sl�zl.l.be limi�d to�he hours of G:30 a.m.to�:30 p.m.Manday tl3xougl�Pri:day,no��rthrnoving activ.ities sk�all occur durixzg weekend 1�aurs. 13}'�'he City receives a�aoTd b.axml.ess Qgre.em�t an.£a�ar of ihe Ci1,�as drafted by the Ci1q,�,�tQrne�a�zd i.�cor�a�.ted irxto the sul�di.vi.s�on agreexnex�t. A.DOP`�'�D�Tiis �2i$day af Jur�.e,�Q14. �2.. — Mai azn - and,Ma.yor �T'�"EST: ,�� 'azne�a J.Gack.,� ��,City CXea�� 2 EJ(HIBIT � p . � ACCESS XtESTRICTION EASEMENT THIS EASEMENT zs inade this_day of , 2014, by Galaxie Partners, LLC, a Minnesota limited liability company(the "Landowner"}, in favor of the City of Apple Va11ey, a Minnesota inunicipal corporation{the"City_"} -- .- - - _ . . . __. . - - - -_ The La�.downer is the fee title holder of properly legally described as follows: Lot 1, Block 1, THE LEGACY OF APl'LE VALLEY SIXTH ADDITION, accarding to the recoxded plat thereof, Dako�a County,Minnesota (the"Property,>}. The Landowner, in cousi�.eration o.f the sum of Qzze Dollax ($1.00) aald other gaad and valuable consideration., the �eceipt and suffici:ency of whzch. a�e hereby acknowledged, does heraby grant and convey u�to the City tu�d its successors aaxd assigns, a permaneilt easen�ent for access restriction purposes over,und�r and across the praperty legally described as follows: A strip of laz�d one foot(1')in wi�dth over that pa,rt of Lofi l.,B1ock 1,THE LEGACY OF AT'PL� VALLEY �IXTH ADDITION, Dal�ota County, Minnesota Iying .east of and � lneasured at a right angle to and parallel with the fallowing described line: Beginning at the Northwest cai�er of Lot 1, Blocl� 1, THE LEGACY OF APPLE VALLL-7Y SIXTH ADDI'T'ION, accord�iig to the recorded. plat thereaf, Dakata County, Minzlesota: t1�.en.ce south along the West line of sa.id. lot adjacent to the right-o£way of Galaxie Avenue bearing south 00 degrees 15 znznu.tes 58 secoiid.s West a distance af 3�3.51 feet there tcrminating at the Southwest corner af Lot 1, Black 1, THE LL�GACY OF APPLE V�LLEY SIX'�`H�ADDTT'�ON. Reserviiig f.�erefrai� a�a opei�iz�.g 40 feet in.width described as follows: T�I.0 S011tYJ.A�O �E6� of the West ane foot(1')of Lot 1,Block 1,THE LEGACY OF.APPLE VALLEY SIXTH ADDI'1'ION. (the"Ease�nent Area"). , � This easeinent is granted for and limited ta the express purpose of restricting vehicular access to Galaxie Aven.ue, e�aept at locations pern�itted by tl�e City, over and upori the Easeinent Area,it being uuderstood: 1. Tlae City shall have na obligation. to ma�u�tain the Easement Area, and tlie Landownez a�d its successoxs axad assigns xnay sod, sead,plant and nri.azntain the Easenaent Area, provided th.a�t�.o drive�va�or ather fonn of accessway may U�constructad fihereon. 2. The purpose of t1�e easement is strictly limited to access re�triction, and the City shall have na rig3a.t to uxilize the Easernent Area for aily otl�.ex�i�rpose by reasox�Qf tbis easemei�t, The Laaadowner covenaaats with the City�that it is �lie fee owza.e:r o�'the Properiy aud Iaas goad right to grax�t a3.1d convey the easernent herein to the City. T1�is easeinent and the cavenants contained hereiu sha11 rua with the Properiy and shall bind the Landovv�er and its successors.and assigns.. _ - -- - . -..- . __ _ _ _ IN WZTNESS WHEREQF, tb.e Landowne�-has caused this instr�unent to be exec�.ited as of the cta.y aa�d yeax fixst writtela above. Galaxie Partne�rs,LLC, a Minnesota lirnitad liabilityr coin�any �^ By: Its: STATE O�'MINN�SOTA ) }ss. COUNTY�F - ) . � On this day of , 2014, befor.e ine a Nataty Pitblic within and for said Couniy,parsonally appeared to rne personally 1�nown,who being l�y me duly sworn, did say tl�.a.t lie/she is the of Galaxie Partners, LLC, the Minnesota limited lia,b'ility co�parzy named iu t�ie instrument, an�i that saic�instrument was sigued on behalf oF said liinifed liability cainpany by authoriiy of its Board of Gavernoxs �u�d said acknowledged said inst�rument ta be �ie fr�e act an.d d��d o£the lrxnited liability company. Notary Public 2 THTS INSTRUMENT WAS DRA�'ED BY: Dougherty, Molenda, Solfes�,Hills&Bauer P.A. 7300 West 147th Street, Suite 600 App1e Valley,Min.nesota 55124 {952)432-3135 � {MDK: 66-34$46) 3 EXHIBI'� � �s AMENDMEN�'TO PLANNED DEVELOPN.CENT AGR�EMENT This Axnendment xs made this day of , 201�F, by and beiween the City of Ap�le Valley, a Minnesota. rnunicipal cor�ora�ion, (th� "City"), and Ga.laxae Pariners, LLC,.a Miuinesota limited liability company-(tl�.e_"Owner'.'). .---. _ _ . _: _ __ .__ _ WHER.EAS, the Ownex is fhe fee title holder of real property loca.ted in. Dal�ota Caunty, Minnesota, legalty described as: Tlae Plat of THE LEGACY OF A.PPLE VALLEX SIXTH ADDITION {�h.e "Prop�rty"}; azzd WHEREAS, #he Pr�perty is subject to that cer�ain Planned Development Agreement for The Legacy. of Apple Valley dated June 27, 2002, (t11e "Plann.ed . Development Agreement") which provides for development of the Property in accai dance with development plans reviewed by the City on May 23,2002; and WHEREAS, the Developer and the City desire to amend th� Planned � Development Agreement to provide for development of the Propez-�y in accorclauce with the develop�a.ent plans received by the City on May 29, 2014, as have been or may be revised as set forth in tlsis Amenclment; NOW, l I�REI'O�, in consideration of the inutual agreennents of the paa�i.es it is hexeby agreed�by and between the parties as Follaws: 1. This Amendment applies only ta tbe Property. 1 � , M 2. The Owner agrees that development o£ the Property sha11 be subject to Plax�ned Development Designa�ion No. 716, Zone 2, and the Ownez� agrees to coinply �.�ez ewith. 3. The Ow�ear agrees that the P�operty shall Ue developed in a.ccardance with tha development plans received by t�ie City on May 29, 2014, including �.e Site Plan • attach.ed hereta as Exhibit "A" and incoxporated herein. Minor deviati.ons £rom the development plans received by the City on May 29, 2Q1A�, x�aay be accepted by the City, pravided that the Communi.ty Developmen�Director rnalces wri�t�, determination that the revised plans are in general canfarmance with t�.e developinent plans received by the City on May 29;201.4.. .. . . -- - - .- . . - . - - -- - - - - IN Vt7I'I'NESS WHEREOF, �la.e paxties have hereunta set tlaeir hands Y.hi.s_day of ,2014. DEVEL�PER: Gala.xie Partnexs,LLC, - a Minnesota limited liability company / � By: I�: CITY OF APPLE VALLEY � ,-- � �- -, By: Mary Hamann.-Roland Ii-s: Nlayor ._.�-�'.- `�- By: Pamela r. Gacicstetter �fis: City�1erk 2 � STATE OF MINNESOTA) ) ss. COUNTY QF ) On this day o�F , 2014, before me a Notary Public wi#hin and . for said County, personally appearec� to ine persanally known, who being by me duly sworn, did say that he/she zs the � af Galaxie Partnexs, LLC, �.e Minnasota limited Iiability campany named in the instrunient, and that s�.i.d instru.ment was signed on behalf of said limited liability corupany by authority of its B�ard of Governors and sazd acl{nawledged said instrument to be the fres act and deed of the limited liability company. -..�_ _ _ _ _ . . - - - - - - _-Notaxy-Publzc- STATE QF MINNESOTA) ) ss. COUNTY OF DAKOTA ) 4n 1:his,� day of , 2014,before me a Notary Public witlun and£ox said County, personally appeared Maxy Hama�n-Roland and Pam.ela J. Gackstet�r to me personally known, wha being each by ine duly sworn, each did say that tkey are respectively tt�.e Nlayo:r aa�d Clerk of the City of Apple Valley, �he municipality rianled�n the foregoing instrwnent, �,nd t1�.at the seal a£fixed on behal.f of said muni.czpality by au1l�.ority of its City Council and sazd Mayor and Clerl{aclmoqvledged said instruxn.ent to be the free act and deed of said municipality. � Notary Public THIS TNSTRUMLNT tiVAS DRAFTED BY: Dougherty, Molenda, Solfest,Hills 8t Bauez�P.A. 7300 West 147th Sireet, Suite 60d Apple Valley, Minnesota S S 1.2� (952) 432-3136 {MDK: 66-3484�} 3 . 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' { ' ` �� 9 � �� $��5�� 3� �$� ��' � � � ��`'�'�I�r�i ,�h��l yf�'W��'�r �� • I €��s�� &SE�$�� .:`�: ��'� i'r�"�.�,_f� ;��,i ; �� ; ;j•��{� 'j � • 1 eait3 �l�a*1� ��1��I t, F� + �` �� y� 71 � � '�« m xsw�� !i� i��{, ,r, ,$' . �' '� $� �:�I � � i i i ta I"� ��. �� '` � °� �� '� i � �y�}1 � i � ,�,..n' �r, � A' �`� .�`��I l I II�� '� f�" � � �o E I � 4 .�' �� rj � �� ;� f fy„ �--'�,m _t� � .. �.. ' t k��--^'� �, :�F. � �� 1 � ��! � � ,�# ....._.._...._.__ �� ._.' {� i� � •� �� i� : a a - S I � f_.. g e ��D �'] �-e�—sa-, I��} �'�p•��\\«««-SC�:��t��., � .�� t� ; � e �� u�&�� I� �� I'E l:3 'f'��';�� € �e I � I I �E�S�r e� t $ � �� I �i I � T ��.•4�r, tt ��,{� p�� F P�� 4�p�lsOn �P � a�€� 3 �,I�� GALI4%L6 PARTN8R3,LLG S1TE pLNi � . fr� Z[�y $I�; asoi�n sree�swix,�ae xe� McCam t'�fi �a �� st,qwtd,MN 56301 THE L£GACY OFABpLE YALLPY °I� ��•!S� � . . 6DCTli AD6ITTON sHrinm+noNr+�.vmiuenn.m.mwvunda � �"'tl {93� �'� (REMZlVpTON APARTMEN7'Sj aasnooaoDr.SUloola0,L4m�aM�,MN B6a14 � I � � 9�i i AypbVall NMneeole ��76Y9Eo-r900 faoa)63-+99-7959 . ExxlBiz r ASS�GNMENT OF DEVELOPMENT AGREEMENT Thi.s Assignment of Develapment Agreement ("Assigx�n�ent") is made this _ day of , �0 __ , by a��d between ("Assignor") and ("Assignee"). WHERE�:S, Assignor is the fee t�tle hald�r of real property legally described as follows: Lot , Biocic 1, THE LEGACY OF APPLE VALLEY SIXTH ADDITION, according to the recorded plat thereof,Dakota County, Minnesota. (the "Properl:y"}; and . wHEREAS, the Property and the Assigno� are subject to that certain Devel.apment Agxeer.aaent Between Galaxie Partners, LLC, and the City of Apple Va11ey for The Legacy of App1e Valley Sixth Addition �recorded , 201A�, as Document No. in the Office. of �e Dakota County Recorder (the "Deve�opment Agxee�a.ent"}; and WHEREAS, the Development Agreement provides t1�at the rights and obliga�ians thereunder may not be assigned without the prior written consent af�he City o�App1e Va31ey, and upon appro�ral af acny assignmeut,th�assignor and assignee shaX1 e�ec�te and xecord an Assignment of Developrnent Agreement; and WkxER.EAS, Assi�nor desixes ta convey title fio the Paroperty to Assignee, and 1-lssignee desi�es to a.cc�u.zre ti�e to the Property and to assume t�►e rights a.nd obligations of Assignor under i:he Development Agreement as they relate to the Praperty; NOW, THEREFtORE, in consideza1ion af fJ�e foregoing and other govd and. valuable consideration, i:he recexpt an.d su£fciency of which axe l�exeby acl�nowledged, Assignor and Assignee agree as �`ollows: 1. .Elssignor hereby assigns and transfers to Assignee, and Assignee hereby accepts and assuines, any and all xights and obligations of Assignor under the Developm�nt Agree�nent as th.ey relate to the Pral�exty. � Z, Without limufa.ng the foregoing, Assignee hereby assumes and agrees to fulfill �a.y ax�d a11 outstanding obligations of the Developer as provided in the Development Agreement as they relate to the Property. 3. Thi.s Assignme�t shal.l be effecfive upon the recording of the conveyance of the Property from Assignor to Assignee and upon the xecording of tiv.s Assignment. 4. This A.ssignment sha11 not affect Assignor's obligatians under tb.e Development Agreement except as specifically provided herein. � 5. This Assignnaent sha11 be governed by and constn.ied in accordance wit�a - the laws of�lie State of Muuiesota: - -� -- - _ . _ . _ . _. _ _. _ _ __ . IN WI"I'NESS W.Ii�REOF, Assignor and Assignee have cau.sed �his insti�um�nt to be executed as of tk�e day and year first written above. [Assignor signatute] � [Assignee signatu�e] � �Notaxy Blocics] � . [Drafted By Black] CUI�SENT TO ASSIGNMENT OF DEVELOPMENT AGRELMENT The City of Apple Va1ley hereby consents to 1:he foregoing Assignment o£ Developmnent Agreem�nt by and between ("Assignor") and ("Assignee"}. CITY 4F APPLE VALLEY � � . By: � Zts: Mayox .-�f By: I#s: City Clerk STATE OF MIhTNESOTA } _ ) _ --- _ _ _ _ _ .. __. _ ss. - - - _ _. _ _._ : C4UNTY OF DAI��TA } On this ,T day of_ _ , 20_____, before me a Notary Public wit.hin and for said County, personally appeared and to me personally lcnown, wlao being each by nae duly sworn, each did say that they ara respectively the Mayor and Clerlc of the City of Apple Valley, the municipality named in the foregoing instru.ment, and thafi the seal affixed on behalf of saad municipality by authority of it� City Cauncil and sai.d Mayor and Clerl�ackz�owledged said instrument to be 1:he free act and deed o£saad municipality. �- Notax�Public � r�l��l`�I?l�IE1'�T T4� PI�AI�INE1) I��VELCC�Pil�IEI�T�A��I��N'� T1�is Aznendment is made this day of , 2�14, by and betwee�. fhe City of Ap�le Va11ey, a �VI�nllesota n�unicipal corpQration� (�he "City„), ar�d Galaxie P�ners,LLC, a Minnesota I�nit�d lial�ility ca�lpa�zy (t�e `C)um�r�')_, � WF-IEREAS, the C?�vz�er is the fee title t��ld�r �f real praperty Iocated in I�akota County, Minnesota, legally descri�ed as: 'I'i�e Plat of TI-�E LEGAG�QF APPLE VALLE�SIXTI�ADDI`�"IC}N ��I� 'fPT`4�101��#r�� c3T1C� VV�EREA�, the Prop��-ty is subject to tl�at cerlain Plarin�:c� Developme�t Abreement for The Legacy of App1e Va11ey dated 3une ?7, 2002, (tlle "P"lanned �evelopment Agreernent"j ��rhich provides for develop�r�ent of the Property in a�:c�rdance with d�velop7nent plans reviewed I�y the Czty or�May 23, ZDOZ; and �J�IEREAS, the I�eveloper and tl�e City desire tc� arnend the Pla�ned Development �greement to provide far develapment a�tl�e Prc�perty in accordance with thc c�cvel�pment plans �eceived by the City an May 29, 2414, as ha�e been ar inay be �:evised as set forth in this An�encjment; �,TC3��, T�IE;REFOkZE, ii� ca�lsideration �Fthe m�tual agreeznents of the parties it is hereby a�need l�y and�aetween the�a�•ties as fQlicrws: 1. Tlais An�end�nent ap�lies c�nly ta the Prope�-ty. I 2, The �wi1�r a�;�•ees that develapment of the Pra�e�ty sl�all be sut�ject tc� Plann�d Develo�nzer�t Designation No. 716, �t�ne 2, ar�d t�1e Ctwner a�re�s tc� cc�mply the7-eujith. 3. The C3wner a�rees that the Praperty shall be developed in accordance witl� the dev�iap�nent plans re�eived by the City on IVIa� 29, 2414,, fncluding the Site P1an �ttact�ecl hereto as �xhibit "A" ar�c� incc�rpc�rated h�r�in. Miilor deviatinns fram the clevelc�pment plans received by the City c�n 1V�ay 29, 2Q14, �nay be acce�ted by the Cit�, �rovided that the �oinrnunity Dev�lopnlei�t I�irector n�akes wrztten deterrni:n.ation�hat the re�ised pia� are in ��neral conforma�ce with the devel�pn7ent plans received b� t�� ity onM�y�9�2(}1�... IN�ITI�E�S WHEREOF,tl�ze paz�ies have her�untQ set their hands this^day of ,2014. �EVE�:{��'�lt: GalaY'r� Partners, ZLC, a Minnesota linvted liab� ' mpany By. �,�� _ Its;`�� -� �: � �,� cr�r�o� �L�vA�.�� I By: l�1ar-y Han�ann-Roland � � Its. Mayar By: Pamela J. Gackstetter Its: �ity Clei°k � STATE QF M��TESQT 4} ) ss• Gt3UN'TY UF� � ) On this `� day of t� , �014, b�fore me a I��ary Public ��rithi� and fc�r said County, persc�nally aPpe red �,�-{?�� l�}�s� to �Ze personall� knawn, ��ho b�in�by�e duly swo��, c�id say that l�e/she is tlie.�-�`��..,� � '�� ' of Gala�ie Partners, LLC, the Minnesota limited liability eompany na�ned in the i��strument, and that said instrutnent was sign�d an bchal� of saic� limited liability eo�npany by aaathority of its Board of Goverz�ors and said ��'�� .� �... ��' acknowledgec� said instrumeilt to be the fre� act anc� c�e�d of th�iimited Iiabilit�cc�m�any. � � �T�t� ic __: _._._ _..._ . .._,_. �LLY�SRi��H�tll� i�oTARY PU�1.tG��A E3�Tt, SZ'ATE OF MIi�INESOTA j �y comm.ex�a. .�t.�at7 ) ss. COU1�1T�OF D�UTA } _ On tl�is_ day of , 2�1�, before me a Notary Public ��ithin and for sai� �ounty, personally appeared Mary Hamann-Rolar�d an� Pa.me�a J. ��ckstetter ta xne person�lly �nawn, who being each by mc e�u1y sworn, eac� did s�y that they are resp�ctively the Mayor and Clerk of the City of Appl� Valley, tlze municipality named in th� fore��ing ins�r�unerlt, and that the seal affxeci or� behalf of said mu�icipality by at�tht�r�:ty of i�s City Cauncil and said Mayor and �l�rk aelcnowled�ed said inst�uxnent ta be t13e free act and deed�f s�id municipality. 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VF ilE Y A.:J�ilPli�.�l\r��„A�.�.R:iAIyT�j1.�� . . r1"his 1�ssignrn��t �f I�ei-�l��pri��n,t ��r��n��nt (``r�ssi�nn�ent`''} is n�ade tl�is ciay t�� , ?�14; f�y �tnd �i�t�;�=eLn Gal��:ie P�i�nc�rs, LLC; a Mi��r��;s�t� lin�%ted li�t�ili#y co�n�an�,� {"1�ssignor"} �nci Remin�;ton 1 AV LI:C, <� Mit�nnesc�ta lfn�ite� liabilifiy � coz��s��:�ssi��e�''}. �'�'HFKFr�.�, Assi�ni�r is th� fe� titic; l�c�lder of`re�t prc��erty le��ii�° ciesc;ribcci a� fc�llc��s: I._c�t 2, I3lc�ck l, THE LE:G�C:I' C�F .��'�'LE VALLEY SI�'I'H �D�I�'I:OI�, ��c��-c�in� t� th�;r�cc�rcl�d��lat ther�;Uf, Dakt�ta C"�uz�ty, Mi�1n��c�t�, (the ::�`z-c�p�.�-tyr"): and '��'HE AS, ti7e I'rop��y �lnd ihe Assi�7�t�r ��e si�bject tc� th�t eer��iT� L'��vclopt�actlt �gr�em�..nt B�tu�e�n �alaxi� Partnei-s, LL-C, an�l tk�� +City of Ap�le V�.II�y for Tli� Le��cy of' �pple Valley Sixtli Adctition r�corcieci , 2�14, as L�c�c�.z�n�nt t`1o. in tl�e �f'tic� c�f �he L)al�ota Cc�unty �ecorder (fihe "�evelo�nlent��r�enl�r�t")� ar1� ��' ' lE ��, th� Dc.velc��nlent A�i•ec�i7aezlt��rc�uic�es that the x�i�hts arl� o1�li�atic�ns lfler�iincler m�� nc�t be �s�i�n�cl witht�ut th�; prit�r �vrittez� consei�t of tlae City t�t Ap�le Va.11ey, anc�u�ox� a�pz�oval c�l`any a5si�nln�nt, thf: as�i�no1��t�d assi�nee sl�all ��ec��te ancl z-c�c�rd ar�Assi�nnz�nt i�f`Dcc�eltspnle�lt A�r�.e;�nc;nt, �nd �'4j��'�S, �;�si�ni�� c��sip°�s ti� cc�n��e� titl� fo tlac� 1'rc��erty t� �=�s�i�;r�e;e, �nci A�sign�e; ciesi:res tt� acc��liz-c title tc� the �'ro�e�-ty and t� assL�m� th� right� and ol�ligations ��#A;;si��-�c}r uncle�t1�e D��elc��nl�iat t�grcei��ent as tliey�ae(�tc� to �1��rc��;rty; i�`(7i�'V, THETi��U12F., in c�c>i�sideratial� of tlle fc�regai�a� anc� c�ther �uc�ci an� valu�bie ct�nsiclez�Tic�il, til�� r�;c;ei��t ��7ad s:trF#:ici�:��cy c:�(` wlai�lx �rc, h�r��y ackz�c��Ic�d�ed, �1ssi�nc�r a�Yd Assi�nee agre�a:� fc.>11<��vs: 1, �ssi�nc�r �1�1ct�y� as�i�n� and transfet:s tc� Assigiie;c, and �ssi�nee ll�z•e��y acc��ts aricl assun�cs, ar��r ar�c� �lI ri=4�ts ai1c� c��t'r�atic��s c�f Assi�xr�ar tilnc3e� tlie L3�vei��mef�t A�ee��t as they x�eiatc tc� t�l�Pre��ti�}r. ?, ��itl�aut ]xnzitii�� tl�� f�regc�ing, 1��si�nc� he��t�� assu��:,s and a�ree� tt� fi�lfill �:i�y ��nc� all ��tstan�in� ��bli�atic�ns t�f t�1e De��:7c�1��r as �rv�id�d in t�le De��lv��n�ci�t A�rcelnei�t �s �heyr r�late t+� tlxe Prape;i-ty�. 3. T�3is �1.ssi�;nn�c�nt shail be eff�cti�te u�acan tlze recorciin�af t1��cc�nv�yanc� Qf t'1��;Prc��rty�rc��n �4ssi�n�r tc�As�i�nee atid €�pon thc l�c�corcii�zg oi t��is Assi�nlnent. 4. 'I'his Assi��3��en� �hall i�� affe�-# A�sig��or's ol�li�a�ic�t�s u��d�z• the �e��eio�zz�e��t�-�gr��me�t'e�.c��t a� spe�i�ic��Iy�r�vieled herein. ' S. �I'hzs �.ssi�;��ment �11aI1 b�; gc��e��netl by ancl cc�n��rue� in acc�;�rt�ance ��ith tl�e.� la��Fs �f th� State c�F Nli��nesota. �l� �'I'T'vTE55 '�';��:1�0�', Assi�nor arld As�i�nee have c�u��c� t�zis inst�-�n�eilt io ��: c�e;cut�c� as c�f tl�e tlav ancl}rear first�,vritt�;n abc��e. �SSIGT�I�R. Gal�xie: P�i�ne;rs, LLC, a ��Iinz�e�ota lin�ited li� ilit �t��n�any � , ----___---.._.._... ._. By: �'�-� ��} .:� Its: �f�'�,��-�.�� '��.�'�t�'" fOSS��t��c h.�n�ii�a��tc�n 1 1�V L-l.G, � � Minne�c�ta lirr�it�d Ii�bi�il�% ct��n�any � _..�..._�� ° �"e. � � � � B�j: � � > � �� ,��' Its: ��"'��_______.._,�__.._ 2 STt�TE C}�113�INI��(�Ts� ) � } ss. . �,.1J 4.)�T S. J.€ L.!5.�,�p�,"3,`C.�.�..+ '4. �f 3 � � . , , . . , .. , .. � .�"'j {h1 tl�is ` � c�ay a-E _�.,�_'��,�.��.; , ?()14, t�cfc�z� me � Nc�tary°Pu�lzc tuit��ir� at�cl f�r saicl C:c�t�nty�, pczsorzatlY p��eaz�ec��=° 'w��t�.��'� tc� 1�Ze�erst�r�ally knc�r��r� ��IZ� ��,in� .byf ��e duly sworn, d'zd sav th�t he/sh�: is ti�e .s�� +'} 3:�'`'�r��.;q�j�` ' � ��°�f �. � ��. ��' c�f �ala.�iv I'artn�rs; LI,�C, the 1�linnesc�ta liinit�d 1ia1�ility= cc�r�� n�.rn�c� i�� thc. 'rnstt�,��a�e�t, and tl�:at saiel znstrun�e��t ��ra� si�neti�n��i�half vf sa:icf liiz�ite�.� �i.ability cc�n��az3�r byr authc�rity of its Bt��t•� c�f Gc��et�ors drtci s�i� ��°,��'��_�w:_ �_._�'.��''�-r�� cicnc��vl�cl�ed saic� instl-��r��t tt� �t� t��e f`ree ac� a�d ��i �i tllc Iilnite.d [ial�i�ity con�pan�r. ,s ��,� � ,,� �� "��Ll'..y . ,� �'St��+IP�N t�'V'I�t�N. N�1`��tY Pt99l:IC� 7� Pi1y .E�. 31.,2dtfi ST�T� �F ��CI'�l�E�(�}T�.) , �. ) �s. , C`OL.1N�`�' C9F ��;> � �1i t1�is � ciay c�1' ��._�.�.�-'t . 2fl1.�-, t�e:�c��•t; rl�e a �Toiary Public ��ritl�.in <�nci fc�r saicl �'o�in��; pe�-�c�r�ally�p��red �: .,� �-�° � �� tc�ine��e��t��ally ��c��-�, ��hc� be;in� i�y 1n� duly s�vo7-n, �id say that h��isllc is the £.��,.�°°�.'��.,., ��., t�f ReYnin�ton 1 4V LL,C. tl�e Min�lest�ta �in�i�ec� . liabilitv ct��npany n�7n3�d tn the instruil��i�t, at7ci that s�id in�truinent ��a� sibned c�n beh�if of �aic� li:�z�itcd liabilit�r cc�n��any by �uthority c3f' its I3o�rd o�' t�c�vc�-n�rs a.�d said _�� `� �-�,°. ��,.. �-t-_� acknoc�lec�;ed said iazstrun�etzt to be th� �'i•c�: act and � � ��;�ci �f tl�e 1i��te� 1iab�lt�y co7�pany.� � � � .�°_�� ' , _ �� ,��„, � `1`�+J�`d�'v��" 1 '� � � ------ +�,��.i TI IIS .INSTTZUMEI�"I' W�.� DRA.FTEI� BY: �A�.�� #��R NOTARY PU6LiG•tdllAlNE�T� My Comm.Exp,Jan 31,2017 : D�u`��;r�y, ��Ic�ie��d�, Solfest, Hills &�.Batxer �'.r'�. 73()C) tiUest 1�7th Stt's��t, Stt2te 6OC} Apple;lTalle.y, Ivlinn�5c�t� 5"12� (�)5?} 432-��l�� (NIDK:: E�£i-34��) 3 � �V.1r�.7.L' !Y.1. !V 13�ti7��7�i`!�l.lr.l.\.f. �f.'� �1_�.��'�.1:�LVi.j�C..P::�1 �'t�7:i1..L'�.L'.lYi�L'1V.l . . - TI�� City ot Ap�ie Valley 11�:r�b�% conse�its tr� th� �o�•e�c�in� As�i�nrneut c�f' I�e�relu�zn�nt A�rcenient �v �n� 1�etw�el� Gala�i� Par�tners, LI:;C°, a Mir�z��sc�ta. li�nit�� liat�iiity c�i�apanv {`:Assi�n�z�„} an:� Ren�in��toT� 1 _�V L�,C', � �inz�esata liinitec� 1ia�aility c:��np�ny{`ti�'�:ssi�ne�"), . CI`TY QT�P�'��F��.L��Y By: M�ry �Ia�nan��-R�Ianc� Its: M�var By: Pan�ela.T. G�cl�stetter _ Its: City�ler� �T:�TE �F IvIII�i�I�S�TA� ) �s. C{�IlI'�1TY QF T)�.I�OTA ) �n tl�is day af , ?�1�, t��;fare z�e a Notary�Pu1�Iic witlliFa ancj f�r �;aicl Cc�ut-aty, per�c�nally��ret3 1��I�ry Han1��ln-Rolar�d and I'arne�a J. Gackst�tter to me ps;�-sc�n��iy kr�n��n, whc� bt;in� eacil by� me duly sv�=flrn, �ach cl�ci say �h�t they ar�: r�s�ectic�ely the Nl�vc�� and Clci� �f th� �'ity c�f Apple Vall�y, the rniunici�ality nam�d in tl�e �`c�re�.=oir�� instrument, ��c�� thGlt th� scal af��ed an b�;half of sai� muilici�aality 1�y authc�rity c�f i�s C;ity C'c7uncil an� said Mayor a:�ad Cl�r� acknc�wlcci�e� s�xc� instrument to l�e ttze free act anci cleeci oF sai.d n�u��ici�aa3ity. No�ary I?ul�lic � � - S . G 7/10/2014 Vacation of Easements- The Le ac g Y / Final Plat - Le ac Sixth ... g Y .Q., •::. .�� Appi%[��„ Presentation to the City Council July 10,2014 Applicant's Request • Vacation of Drainage and Utility Easements: • Lot 1, Block 1, The Legacy of Apple Valley; Lot 1, Block 1, The Legacy of Apple Valley Second Addition; Lot 1, Block 1,The Legacy of Apple Valley Fourth Addition; and UtiJity Easement per pocument No. 1611915; • Final Plat and Development Agreement - The Legacy of Apple Valley Sixth Addition; • Amended Planned Development Agreemer�t; and • Assignment of Development Agreement. 1 7/10/2014 � �° �� r .� ; �� b � � ,, _ �. �� U ,� � � � � . � e-� ` �=�� `4p � �x.,� � � , � � � � � �� <� ,,�-=--� �� j �� q€ ; ��;' �.;� �_��, � 1;.� � � �''1 �� u��.,;_ ��'\, � ( �� , `�' `� a,W �,,��" �� ``��`� � �, � ' �, ��,� SITE �� ,�� ,��, x� � � -.�- �. _ - � ��.� � � , �� ,� _, ;,- .�,�- � � � �� f �" r{ f ,�` � � �: �*.M_� �� /'�``� ��,�',E�� E, � �� ,� �, �' �,.�''��' ��` ,�/,, � y`�� '� � ��f�%y• �' `�' _ �o�o�� s�" � '� '�` �""- ��'j�1 � � � � [ —'r s.�f i t € �..�� { � � k`�� r�.�` �<i �l�� - r ��-� � ;. � _ , � �r �' �l� �- �-,�-�-�_,�.>� ��P.._____�� . ..�- �= r:��i ' .. �_M�... � i Site Location Southeast of Galaxie Avenue and Founders Lane TNE LLG�GY �F APPLE 1/ALLEY FOURTH /�DDITION � � r`, � , a3s°tasa'w� . ° y :. ' = z �i �F ...s�o � — — . ._._.._ .� � }�� ° �., _ _..� , s — , , ,��'° .. ��A�.. �....��rr3„ . a ,�,...._ .,.,..� a �tae'a° � ._._.._e ..,..,. . . . - . _... . . saa.z� ._.;. . s2'�Y-°', e.,�.. • �. � � `� � a:*w.«..�k,.,..� Q �,�� Y .,r. c g°n 7 � � �riiC? C' ICz....... i� � � ? � �� ,,•_�' ., _. � . � -_ --� ` "' Y'icini�ty �, - ._ 1 . . - tei_�� 3` � ', . +�45'S2�r5`E ! . - � t .-., ..._ $ ,,......... � � . �n: .. ... .. ,. .. � . �. ' ,, . ..,�:�o. � -_�....,... ....,..,..,,. � .' . i . , : . ,.�..m..�„�,«r.,�::.o.��*�aa � ..... .. „_ .._. - Ss4TM�2't9'w SE3-3P ....s,.w .�,. *v:.n.v,r r x:�.ro*.:, .�-a .».. �.«,.. d ... ... -"'a.n >r,a._.....,.,r.0 m„w ..w; r ,,+....�.,e-x w�rm..��.�,. .�. .. Existing Easements 2 7/10/2014 � 1, !^^'�"" "!— � hWNU IC1 LIWt ' ... �� . "' --�-- --- `�•—u-- °� -��— "`"` �, _ ---� � _ $'-'•�' }[7� —°y-�� .^�"`-0/A �..H-- -f F £ks __ � T'___��... ' ' � '��r . 1'rc� m. t��=°---!t-z-x , � — n�w;: �-�., — — � � t 8 1 ��• .�. � t+� t. .'[` 'Jl ,� �3 ^m „ k t� � �. . >�, . . . �� t E � { � . p�£F�troTCfl i � � � t� ' ��'aLkn ��i wwa'aa . wo+u M WT u�ffi'['�t P'6xL'� ^ �' w vak' � .� ` ...�.....s� � .� 4 _,i.a.... � _� __ � . .+� OQGk ji'�'�{xnO i I +� at� - � � . ; � ��. � � � �� _ �s � �� 1 � ��e 6€ .,� � �w 5 ! �� r � �°� --``'�' — �� =E � �� t � � ., � � .t � .,,,�.�,� ✓ � �� J 9 4 � � _ �� t 77 E � / . , ,�"'��.G� ��'J.�rl�' � �, e � ,.�:1� � � 2��. � . - � x� � � , � � 'Y �� a �' ''�.� t IPG � '�� . �� "IEN€ i��e .� , � � ..�".��q�� I� , �aw� �., „�ai� �i�r� �; — ��ti�n��n� . �,.- •, _ , � �. .; ,, = � . �� , . _ --- . .�_ __._._._ __ � ,' ""°' ....M. Site Plan Remington Cove Apartments � �� = � �, � � << �� 5� .� o �� r� � .`° Remington Cove Apartments 3 7/10/2014 f..,.... ,..�„>.,..�...�.�.�. ; i�.t �a„�,,•�' �� .� s,� 4 � � r r� �!' .�j � . - Y�� 9 � 4� � ,.�^ . ;?9 � l �.v . � �7 �� . �� . . � ��"�� YJ , �---__ .___ ____—° ----___�____ ._._____.,__ _______.,.____ _____ m��,_a___ ;. -,- - -- _...ti...,..�,...,..�.».,.,..- - -�- � # �; � � � __ . — The Legacy of Apple Valley Sixth Addition Location of new easements Vacation of Easements • Open the public hearing, receive comments, close the hearing. • If no comments received, adopt resolution vacating easements. • Again, new easements for The Legacy of Apple Valley Sixth Addition will "replace" the existing easements. All infrastructure will be located in the easements. 4 , . 7/10/2014 ! I Final Plat/Development Agreement 1. Adopt the draft resolution approving The Legacy of Apple Valley Sixth Addition Final plat and Development agreement. 2. Approve the Amended Planned Development Agreement. 3. Approve the Assignment of the Development Agreement to Remington 1 AV, LLC. ,�_�.��,_�,..��,m� �.�,,. � �,� �. �. _ , f �.. �.,. ; � � �� -------___ -=�"�.L----------_ ° ��_u�____.-^`.- �� ____________ f � », �� ; ; �,��' , � � Ry�ti ��.�v� 3� � p �� . S � � <�Jg` � . � ' �� ; � . x'i i .L�` �ii ,� �� .-; ��K �".� � �� ti� �� a�+ � � � � `._�� . �, , � --- ------- — �' � �____ � .� � � � ____ _ _v_______ �. '; � �__�_ _��_x____ �6�_ _ ____ __�_.___________..___ _____________'__:��° _�„. __,._...__,r��__, � 9 � e � M 's+�r. �w - 4 K� � � � l 1 I . - . . .ASk'f_2.. - The Legacy of Apple Valley Sixth Addition Subdivision of 5.21-acre lot 5 • . 7/10/2014 uestions? 6 ... S . D �..� *�a*�' _ ••� ITEM: � S Clty Of ��P��` CITY COUNCIL MEETING DATE: JUIy 'I O, 2014 �a��'�t` sECTioN: Regular PROJECT NAME: Parkside Village Gabella PROJECT DESCRIPTION Request for revised and reauthorized agreements to allow construction of Parkside Village Gabella multiple family building, consisting of 196 units,north of Kelley Park. STAFF CONTACT: DEPARTMENT/DIVISION: Ron Hedberg, Finance Director Finance Bruce Nordquist, AICP, Community Development Dir. Community Development Department Kathy Bodmer, AICP, Planner APPLICANT: PROJECT NUMBER: IMH Special Asset NT 175—AVN, LLC and Titan PC12-31-ZSBG Development I, LLC APPLICATION DATE: 60 DAYS: 120 DAYS: May 12, 2014 July 10, 2014 September 9, 2014 Proposed Action(s) 1. Financial Assistance Items (City Council and EDA Actions): a. Adopt the Resolution approving the revised Business Subsidy Agreement. b. Adopt the Resolution approving the revised Development Assistance Agreement. � �2. Land Use Items (City Council Only): a. Approve the amended Planned Development Agreement. b. Adopt the Resolution Approving the Final Plat of Parkside Village Gabella and Development Agreement with conditions and authorizing the City Clerk and Mayor to sign all required documents. c. Adopt the Resolution Reauthorizing Site P1anBuilding Permit Approval to construct the 196-unit Parkside Village Gabella building with conditions as approved January 24,2013. Project Summary The owners of the Parkside Village development, IMH Special Asset NT 175—AVN, LLC and Titan Development I, LLC, received approval to construct the Parkside Village development with a total of 322 units January 2013. The project included the 196-unit Gabella building north of Kelley Park and the 126- unit Galante building along Galaxie Avenue. The owners have been working to secure financing for the project and have found that lenders do not support financing the construction of 322 units all at once, as originally proposed and approved. At its May 8, 2014,meeting,the Developer requested and the EDA supported a reconsideration of the timing and financial structure of the project. Splitting the development into two phases, with construction of the 196-unit Gabella building in August and construction of the 126- unit Galante building in the future would achieve the following shared objectives of the City, EDA and developer: • The developer requested a fair financial splitting of the projected into two phases based on the number of units in each building. • Rather than splitting the assistance in a simple 60/40 split according to the number of units, staff, legal counsel and Northland Securities revised the distribution of funding to an approximately 50/50 split to provide an incentive to complete the second building. • Construction of the Gabella and Galante buildings will comply with all requirements of the - January 24, 2013, approvals. • Construction will proceed in a timely manner with construction of the Gabella building north of Kelley Park expected to begin in August. Background The owners of the Parkside Village development, IMH Special Asset NT 175 — AVN, LLC and Titan Development I, LLC, request splitting the Parkside Village project into two phases, with construction of the 196-unit Gabella building to begin this summer and construction of the Galante building, the 126-unit building along Galaxie Avenue, to occur in the future. The attached draft agreements are revised to allow for a two-phase project. No other changes to the project are proposed; the building would be constructed in accordance with the previously approved zoning amendments, development agreement and building permit authorization. Business Subsidy Agreement. The Business Subsidy Agreement is revised so that the business subsidy will be divided between the two projects. Funds are the amount of money the City has received from Dakota County for penalty and interest (P&I) on past due special assessments. The subsidy is intended to increase the City's taY base by increasing the value of the property, create living wage jobs, and enhance the City's residential/business districts. So far, the property owner has paid $1,282,890 of back taxes and special assessments. As a result, the City has made one reimbursement of P&I in the amount of$122,653. A second reimbursement of$99,447, for the 2013 payment year, will be released upon execution of these agreements. When the final plat is filed far the Gabella development parcel, all past due taxes and special assessments will be paid on the property which is estimated to be $1,090,994. Development Assistance Agreement. The Development Assistance Agreement is revised so that the TIF assistance is spread between the two projects. Originally the TIF was set up with an up-front reimbursement of$1.15M and $5.35M pay-go reimbursement for both buildings. The assistance has been split as follows: Originally Phase I Gabella Phase II Galante Approved Project (196 units) (126 units) 322 units TIF Note(Pay-Go) $5,350,000 $2,684,000 $2,666,000 Up Front Reimbursement $1,150,000 $576,000 $574,000 Planned Development Agreement. The Planned Development Agreement is revised to allow for two phases of development. No other changes are made to the previously approved zoning amendments, conditions, or building and development plans. Final Plat of Parkside Village Gabella and Development Agreement. The final plat of Parkside Village Gabella is consistent with the Parkside Village Preliminary Plat, but only the lots associated with the Gabella building are platted. Four former lots and the vacated portion of right-of-way of Fontana Trail are platted into a single parcel. In addition, right-of-way is dedicated so that Gabella Street intersects with Foliage Avenue north of the apartment building. A 30' drainage and utility easement is dedicated along the east property line abutting Foliage Avenue for the relocation of a 24" storm sewer line. Site P1anBuilding Permit Reauthorization. The approval for the site plan and building permit expired January 24, 2014, so the petitioners are requesting a reauthorization of the approved plans. No changes to the previously approved plans are requested. The Gabella building consists of two u-shaped buildings with a center one-story community area containing a fitness center, internet cafe, club room/party room, yoga studio and game room. Outside of the community space will be an outdoor swimming pool and patio/barbeque area. The four-story, 196-unit building, will be located north of Kelley Park across 152nd Street. Access to the Gabella parcel will be taken from the north from Gabella Street. At 196 units on a 5.2-acre site, the development has a density of 37.7 units/acre. Previous City Council and Planning Commission Action At its October 17. 2012, meeting, the Apple Valley Planning Commission voted unanimously to recommend annroval of the project with conditions. Subsequently, the City Council reviewed and approved the Parkside Village development project with conditions on Januarv 24, 2013. The petitioners seek a reauthorization of previous approvals which would allow them to begin construction of the Parkside Village Gabella building north of Kelley Park. Budget Impact Overall budget impact remains the same as previously approved; only the timing and allocation of the TIF resources between the two phases would be adjusted. While a 60/40 split was requested by the developer, the documents are amended to allow closer to a 50/50 split. This will provide the owner with incentive to complete the second building. Attached is a memo from the City's Finance Director providing further financial discussion including analysis from Northland Security. Attachment(s) 1. Location Map 5. Draft Resolution Approving 8. Draft Resolution Approving Final Plat,Development 2. Gabella Site Plan Development Assistance Agreement Agreement,and Associated Documents 3. Gabella Elevation Drawing 6. Draft Resolution Approving Business 9. Draft Resolution Approving Site Plan and Giving 4. Parkside Village Rendering Subsidy Agreement Building Permit Authorization View to West 7. Draft Resolution Approving Planned Development Agreement !#• i�A• r!�* M•! City of App�e Va��ey MEMO Finance Deparhnent TO: Mayor, City Council, and Tom Lawell, City Administrator FROM: Ron Hedberg, Finance Director DATE: July 7, 2014 SUBJECT: IMH request for phasing of Parkside Project Tax Increment Assistance Background: • On January 24, 2013 the City Council and EDA approved Business Assistance Agreements for Parkside Village. This approved project included two separate apartment buildings totaling 322 units and with a combined value of$35,000,000. � On May 8, 2014 the EDA provided direction for staff to update these agreements for a two phased approach to the Parkside Village project. Introduction: Staff has worked with IMH to come up with an agreement acceptable to both that does not change the overall terms of the original agreement except for the timing of the two buildings. Kathy Bodmer's staff inemo includes a description of the new requested project. There is no further action required related to the creation of the TIF district, those actions were completed in January 2013. The action requested by IMH would provide for the separation of the project into phases and requires multiple assistance agreements. Discussion: The project includes the development of approximately 8 acres, which will be comprised of two multifamily buildings, totaling 322 units. The total development costs are estimated to exceed $35,000,000. The developer is seeking assistance of up to $6,SOQ,000 to offset acquisition cost including the installation of utilities and land improvements. The original agreement included a portion ($5,350,000 to be set up as a pay as you go TIF note with the remaining portion ($1,150,000) coming in the form of up front TIF assistance. Both forms of assistance are to be provided or recovered through future TIF collections. Based on the value of the development at $35,190,000, the project as contemplated would generate tax increment of approximately $24,145,000 over the life of the District, with 10% being retained by the City for administrative costs,the next 20%being retained by the City to recover the upfront assistance and the remaining 70%being returned to the property owner in the form of pay as you go assistance. The TIF needed far the repayment of the Pay Go assistance and the upfront assistance is appro�mately Mayor and Council Memo IMH Project Split July 7,2014 $10,962,000 and the notes should be fully retired by 2038. Once the notes are retired any available increment generated from this district may be used for eligible housing expenses. The overall elements of the original agreement include the following: • IMH entered into a Confession of Judgment(CO�on the parcels providing for the repayment of delinquent property taxes and special assessments over 5 year or 10 year period. Once platted, the property owner is required to pay off the remaining balances on the COJ for the Gabella development parcels. For Phase I, the COJ balances for 2014 is $1,090,994. For Phase II the COJ balance is$575,639 for 2014 which will be amortized and collected through the confession of judgment process and would be required to be paid off when those parcels are developed.In addition to the annual payment on the COJ,IMH must remain current on the current year's property taxes and special assessment installments. � 70% of available ta�� increment returned to developer as a pay as you go payment, the remaining 30% of available t� increment is retained by the city for recovering the upfront assistance provided and administrative costs. • The amount of assistance provided on the two phases equal the total amount provided`for in the previously approved agreement. The allocation between the two phases places!more assistance on the second phase as an incentive for the completion of the Galante building: Phase I—Gabella Phase II—Galante Total Ori inal Pro'ect Minimum Value constructed $21,365,000 $13,830,000 $31,195,000 $35,195,OQ0 % of Available TIF returned 70% 70% 70% 70% toward the Pa Go Note : Amount of Pay Go TIF Notes $2,684,000 2,666,000 $5,350,000 $5,350,000 Amount of upfront assistance $576,000 $574,000 $1,150,000 $1,150,000 recovered by City/EDA from � TIF Revenues Action Repuired This memo is provided as additional support of Kathy Bodmer's memo regaxding the agreements required to accomplish the splitting the original project into two phases. City of Apple Valley IMH Agreement Analysis,as of July 1,2014 '�c vh�� ' �� 3�f � �.� w�1��.��'�" #i ��'��'�. �''1�r� �,an � � �k �3,� r z �; -,o �, a� I 3 3^.�, ,_ ..� .,,�tR ,.� R- � "" a � .� 3�r �?��"��.+ , t� �rP � u''1:�"�'� �r �' a� g s -�� '� '�;�� F r�+ � � s �.:'� 1 f �' Y �t- ��. 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Attachment ' P�Y�c� � ,si' #� �'o'a� t f?�r, e-�;: +��f�� m� �� ?� � � �dt' d i��.=1 t�'��`' �t�fTl� .P . ttii[a� Pa, " e�t Pa;.me�t: ;, ',', �. ��!,>> t � .�"� �� S. , .�+ �► ,,, � �� t� r �� . ,� �.. �3� , Xt� � ,. Y �. ; ;;,: �,--. i ,Galiella'' 2�.68�i q��R � �C'� � :�'7�:fl : .x_..�. 7. <:< ," �_2. .. :, '.1 2 22 � � � . � �� ,;a , �� . � � ��l��zo�,s 2 �.��.,... ��r��,; ��;�� '�p�ar� ��.,�� .�! /.�1� s/ r � � � .. ;F z Galian#e: 2 566 414� �23�5�1 .�� d . ��1$�1�:; 8 �. 2Q S � � � := 5 A�Q�#.s ��`fl3� .:,: 3�IxOQl� �U 473� 2 1 2a2� 2 1 Z��3' ; � � .. �.._ $ , �.. ,A� � , , �. �� , , ., , 1 � �� ' � � 11 / l �. Totai � $5,350,Q� .:$4r�.66,�3� , ' 3��. .= < . , , „�: . .' ..: ,��°, � :';.�'� < , �.�„]�r�.�i7,Q�t��., ��33;�Z� ._ Notes: 1. Analysis assumes that two separate TIF notes are issued for each building. Payment on each note will be based on increment generated from that property only. 2. Average annual payments is based on each payment made. Because full valuation is not assumed to be reached until three years after commencement,the first six payments are less than the average. 3. See TIF cash flow reports and amoritization schedules for the TIF notes and interfund loan for more details on timing an amount of payments. � � ,NC'fR'[H�',.ANU STRA'I'E�fES�. . . . �. � 7�2�2014 � �e'e�*�i��a�n�.aF�a�a c�EaaE�' PRELIMINARY-FOR D[SCUSSION PURPOSES ONLY City of Apple Valle� . . � Development Agreement with IMH for Parkside � . Comparison of Original Plan to Propcesed Phased Conshucdon REVISED AGREEMENT SCENARIO Gabella Gallante Total ORIGINAL PLAN LOCAL PROPERTY TAX RATE* .. � 116.471% 116.471% 116.471% 109.532% � TqXABLE MARKETVALUATiON � Units� 196 � 136 332 332 Assumed appreciation of valuation SA% 5.0% 5.0% 5.0% . � Base Value � � 419,000 1,612,400 2,031,400 2,031,400 New Value 21,365,000 13,830,000 35,195,000 35,190,802 ESTIMATED TAX INCREMENT GENERATED BV PROJECT Fbst Year o/Tax Increment 2016 2018 10I5 . , Total Tax Increment(after 0.36%state auditor fee) � 15,234,219 8,910,789. 24,145,008 23,524,034 PV of total Tax Increment � . 7,949,880 4,489,199 12,439,080 12,396,164 . � Tax Increment Available for TIF Note Payments(70%) 10,663,953 6,237,552 16,901,506 . 16,526,318 Tax Increment Retained by City for Int�rfund Loan Paymentr(30%) 4,570,266 2,673,237 � 7,243,502 9,418,113 Total 15,234,219 8,910,789 24,145,008 � 25,944,431 � DEVELOPER PAY-GO TIF NOTE Dare o/TIF Note pnterest Start Date) � 17/1/2014 12/1/2016 12/1/2013 Par Amount of TIF Note 2,684,000 2,666,000 5,350,000 5,350,000 � Estimated Interest Payable on TIF Note 1,926,800 2,239,531 � 4,166,331 4,066,653 '�� Total P&I Payments on TIF Note , 4,610,800 4,905,531 9,516,331 9,416,653 ��,, INTERFUND LOANS TO RQMBURSE PRO)ECT COSTS UP-FRONT Date o/Interfund Loan-F'vst Draw(Interest Start Date) 10/1/2014 , 10/1/2016 2/1/2013 � . ��. Par Amount of tnterfund Loan(First Draw) 488,500 486,500 975,000 ��975,000 � - ' Estimated Interest Payable on[nterfund Loan 77,455 � 163,751 241,206 208,644 . �, Total P&1 Paymentr on Interfund Loan(First Draw) 565,955 650,251 1,216,206 1,183,644 ', . Date ojlnter/und Loan-Second Drow(Interest Start Date) 3/I/2016 3/1/1018 � 3/1/2014 ��. � Par Amount of Interfund Loan(First Draw) . 57,500 87,500 175,000 ll5,000 - � Estimated Interest Payable on Interfund Loan 15,234 39,050 54,284 50,716 � ' Total P&1 Paymenis on Interfund Loan(First Draw) 102,734 126,550 229,284 225,71fi - '�.. Total Combined Par Amount of Interfund loans 576,000 574,000 1,150,000 1,150,000 ' � �Total Estimated Interest Payable on Interfund Loans 92,689 202,801 295,490 - 259,361 Total P&I Payments on Interfund Loans 668,689 776,801 1,445,490 1,409,361 � ' - TOTAL COMBINED USE OF TAX INGREMENT Developer Pay-Go TIF Note Payments 4,610,800 4,905,531 9,516,331 9,416,653 (nterfund Loan Repayment-Reimbursement of Project Costs Up-Front 668,689 776,801 1,445,490 1,409,361 . � Total �5,279,489 5,682,332 10,961,821 10,826,014 � � ' Note� 'The estimated local property tax rate in the TIF Plan is based on Pay 2013,the current rate availabte when TIF Plan was adopted. 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'.� <� �� ee ,� :� � . ee;�� ,:�g��<,;, � � _ , ��.�., ,,>, .,�.,, ,x�. ,�,as�,�. �..>._ e�. .K, ,,,r.� �. ,_,.,.; < . ..� � ,_, .,M.»v.t, .e., ,.t..,,�.. „ ,�v��,,,r �,. ,° .��,e ��,, ..�..�� .��a.�.a ��....�. , ee�emvm „�� ,ee�. ., � .,we w�, , .,.. _ , , ,... �s. .r , GABELLA SITE PLAN . . . . � �� ,. ..,, r� � �� , „ � �� ; s� � �� '��e �� :' � �. � �� u�" ,... �e� �, w F � .; �� .'r� � se .. ,. ee � �..: „ „. r : �,,; 4k., x �.�.: > , ,,_ �, , �. � � �s�: � �,� <��a ��°� �� °�� s� �� s ��'�� - �� z�`� ��" `�"� " �,�;>t � �^ s t .z:: ��_` �� Y, � ° � *{ a,�� ``?�,� �, , �. � ,,. �� x � r a. . ... a; a. ;� .��;;," ,,'.�.:� . .,,� ;.:� .t <. ��:« �a � s.�, ,��.�, � 1 1,�� 3 ° m� '�`^'i' ��. }°:,; :. .�.- . � �..�,,. �. � p��' ,o.,... �.. ,. s�€; °:e �.; . . .. . � i � �. e. �ti ; �.��. � � � ', . � t� 3�t�3 � �� '�' „c ■�i� � � � »� � � „ �4 n�� , �� , „ � : �� > � � ' �� . � ,�F � ; �' ;. ,• � ..:. �� , . . , �:; � CITY OF APPLE VALLEY RESOLUTION NO. 2014- A RESOLUTION AUTHORIZING BUSINESS SUBSIDY AGREEMENT WHEREAS, pursuant to the Minnesota Business Subsidy Act, set forth in Minnesota Statutes, Sections 116J.993 to 116J.995 ("Act"),the Apple Valley Economic Development Authority ("EDA") is authorized to grant a business subsidy for the publi�purpose of increasing the City of Apple Valley's tax base; WHEREAS, IMH Special Asset NT 175 —AVN, LLC, an Arizona limited liability company, ("IMH") desires to develop real property in the City, which will increase the City's tax base; WHEREAS, IMH executed Confessions of Judgment(Nos. 3514-3517, 3523-3525, 3527-3529) for delinquent real estate taxes on property located in the City for tax years 2007 through 2011, a portion of which are for statutory penalties and interest incurred on past due special assessments levied by the City ("P&I"); WHEREAS, the EDA desires to disburse to IMH all P&I received by the City as a business subsidy to IMH, subject to the terms and provisions set forth in the Business Subsidy Agreement, a copy of which is attached to this Resolution("Agreement"); and WHEREAS, the City Council reviewed the Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Council approves the terms and provisions of the Agreement between IMH and EDA and directs the Mayor and City Clerk to execute the Agreement, subject to the following condition: 1. EDA's Ap rp oval. The Business Subsidy Agreement is subject to, and requires as a precondition to City's execution, the EDA's approval and execution of the Agreement with IMH. ADOPTED this day of , 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk BUSINESS SUBSIDY AGREEMENT THIS BUSINESS SUBSIDY AGREEMENT ("Agreement") is made this _ day of ', , 2014, by and between the Apple Valley Economic Development Authority, a public body corporate and a political subdivision of the State of Minnesota, and IMH Special Asset NT L75 —AVN, LLC, an Arizona limited liability company("IMH"). ' WHEREAS, IMH owns real property legally described on E�iibit "A," attached hereto ' �«Property,�� I . WHEREAS, IMH desires to construct buildings,located on a portion of the Property in , order to attract new tenants and create new jobs in the City of Apple Valley; WHEREAS, IMH cannot make the improvements economically feasible without a subsidy; WHEREAS, in accordance with this Agreement, the Apple Valley Economic Development Authority desires to subsidize the improvements, as hereinafter defined, in an amount not to exceed $1,131,322.00; and . NOW, THEREFORE, in consideration of the mutual undertakings, the parties to this A reement a ee as follows: g �' ARTICLE 1 Definitions Section 1.1. Definitions. In addition to the defined terms set forth throughout this Agreement, the following terms are defined as follows: "Act" means the Minnesota Business Subsidy Act, set forth in Minnesota Statutes Section 116J.993-.995 and any successor statute. `Benefit Date" means the date on which Recipient provides written proof to the EDA of satisfying the job and wage goals set forth in Section 2.5 for the Gabella Property. Upon acceptance of the proof by the EDA, the "Benefit Date" shall be certified by the EDA and the Recipient in substantially the form set forth at E�ibit"B". "City" means the City of Apple Valley, a Minnesota municipal corporation. "Confessions of Judgment" means the Confessions of Judgment (Nos. 3514-3517, 3523-3525, 3527-3529) executed by IMH far delinquent real estate taxes on the Property for tax years 2007 through 2011, collectively. True and accurate copies of the Confessions of Judgment are attached hereto as E�ibit"C". "Development Assistance Agreement" means the Development Assistance Agreement, of even date hereof,by and among the EDA, City and Recipient. "Development Property" means collectively the Gabella Property and the Galante Property, as defined herein. "Disbursement Date" means the date(s) of disbursement of all or a portion of the subsidy by the EDA to the Recipient. "EDA" means the Apple Valley Economic Development Authority, a public body corporate and a political subdivision of the State of Minnesota. "Gabella Property"means that portion of the Property legally described as Lots 1, 2 and 3, Block 2 and Lot 1, Block 3, THE LEGACY OF APPLE VALLEY NORTH, Da.kota County, Minnesota, together with that portion of Fontana Trail vacated by the City on January 25, 2013. "Galante Property" means the portion of the Properiy legally described as 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. "Improvements" means collectively the Phase I and Phase II Improvements, as defined herein. 2 -- i "Phase I Improvements" means the following improvements to the Gabella Property: constructing two u-shaped multiple family residential buildings containing a total of 196 units connected with a one-story community area with shared amenities (i.e., swimming pool, fitness center, internet cafe, club room/party room, yoga studio and game room) and related improvements in accordance with City-approved site plan. "Phase II Improvements" means the following improvements to the Galante Property: constructing a 4-story, 126-unit multiple family residential building and related improvements in accordance with City-approved site plan. "Loan" means the funds disbursed by the EDA to Recipient in relation to the �I Improvements in an amount not to exceed One Million One Hundred Thirty-One I Thousand Three Hundred Twenty-Two and 00/100ths Dollars ($1,131,322.00). "Note" means the Promissory Note entered into between the EDA and the Recipient in substantially the form set forth in Exhibit"D". i � "Parties"means the EDA and the Recipient, collectively. ' "Recipient" means IMH Special Asset NT 175 —AVN, LLC, an Arizona limited liability company. "Remainder Property" means the Property, as defined herein, except for the Gabella and Galante Properties, as defined herein. ARTICLE 2 _ Business Subsidv Section 2.1. Business Subsidy Requirements. The provisions of this Article establish the requirements set forth in the Act (Minnesota Statutes Sections 116J.993-.995 and any successor statute). Section 2.2. Incorporation of the Act. Recipient acknowledges and agrees that the provisions of the Act apply to this Agreement and are incorporated herein by reference. Section 2.3. Subsidv. The subsidy consists of the Loan provided to the Recipient. The funds for the Loan shall not exceed the amount received from Dakota County as and for the statutory penalty and interest on special assessment taxes, which were assessed against the Property in tax years 2007 through201 l. Section 2.4. Public Purposes. The public purposes and goals of the subsidy are to increase the tax base of the City by increasing the value of the Property, to create jobs with a livable wage and to enhance the character of the City's residential/business districts. Section 2.5. Goals. The measurable, specific and tangible goals for the subsidy are set forth as follows (collectively referred to as "Goals"): 3 (a) Construction. The Recipient shall complete the Phase I Improvements (i.e., obtain certificate of occupancy for the Gabella Building) by Apri130, 2016. By April 30, 2017, Recipient shall commence construction on the Phase II Improvements and complete such improvements by December 31, 2018 (i.e., obtain certificate of occupancy for the Galante Building). (b) Job Creation. As a result of constructing the Phase I Improvements, the Recipient shall create a minimum of One Hundred Fifty (150) full-time equivalent jobs that pay an average wage in excess of$30.00 per hour. The Recipient shall create an additional minimum of Fifty (50) full-time equivalent jobs that pay an average wage in excess of$30.00 per hour in construction of the Phase II Improvements. Section 2.6. Loan Repavment. If some or all of the Goals set forth in Section 2.5 of this Agreement are not satisfied, the Recipient shall make payment to the EDA as required in Article 4 of this Agreement. Section 2.7. Necessity of Subsidv. The subsidy is needed because the Recipient cannot make the Improvements economically feasible without the subsidy. Section 2.8. Commitment. The Recipient intends to continue operations in the City for at least five (5) years following the Benefit Date. In accordance with this commitment, the Recipient agrees to the following: (a) Remainder Property. The Recipient shall not sell, transfer or otherwise convey all or part of the Remainder Property prior to December 31, 2018, unless the Recipient obtains the prior written consent of the EDA after public hearing in accordance with Minn. Stat. § 116J.994, subd. 3(e). On or after January l, 2019, the Recipient may convey all or part of the Remainder Property without the consent of the EDA. (b) Development Property. The Recipient shall not sell, transfer or otherwise convey all or part of the Development Property for at least five (5) years following the Benefit Date; unless the Recipient obtains the prior written consent of the EDA after a public hearing in accordance with Minn. Stat. § 116J.994, subd. 3(e) and complies with the property assignment and transfer provisions in the Development Assistance Agreement. Section 2.9. Other Financin�. In addition to the assistance provided under this Agreement, the Recipient has received or expects to receive as part of this project, the following financial assistance from other "grantors" as defined in the Act: Tax Increment Financing from the EDA in an amount not to exceed$5,350,000.00. Section 2.10. Reporting Requirements. (a) Reporting Time Period. The Recipient shall submit to the EDA information regarding the Goals from the date this Agreement is signed until one of the following dates, whichever is later: (1) for two years after the Benefit Date or(2)until all of the Goals are met. 4 (b) Reporting Form. Recipient shall make its report on forms developed by the Minnesota Deparhnent of Employment and Economic Development, pursuant to Minn. Stat. § 116J.994, subd. 7. (c) Reporting Docurnentation. The report must include: (1) The type,public purpose, and amount of subsidies; (2) The hourly wage of each job created with separate bands of wages; (3) The sum of the hourly wages and cost of health insurance provided by the Recipient with separate bands of wages; (4) The date the job and wage goals will be reached; (5) A statement of the Goals and an update on achievement of those Goals; (6) The name and address of the parent corporation of the Recipient, if any; (7) A list of all financial assistance by all grantors for the Improvements; and (8) Any other information the EDA may request. (d) Submission Deadline and Penalty. The report must be submitted to the EDA no later than March 1 of each year for the previous year. If the report is not submitted by March 1, the EDA shall mail a warning to the Recipient within one week of the required submission date. If, after 14 days of the postmark date of the warning, the Recipient fails to submit its report to the EDA, the Recipient must pay to the EDA a penalty of$100.00 for each subsequent day until the report is submitted. The maximum penalty shall not exceed $1,000.00. ARTICLE 3 Disbursement of Funds Section 3.L Disbursement of Funds. A portion of the delinquent real estate taxes included in the Confessions of Judgment are for statutory penalties and interest incurred on past-due special assessments levied by the City (hereinafter "P & I"). The EDA hereby agrees to cause the City to disburse to Recipient P & I received by the City according to the following schedule: (a) The City has previously disbursed P & I to Recipient in the amount of $122,653.00. (b) Upon issuance of a building permit for the Gabella Property, the EDA will direct the City to disburse the following: (1) the P & I in its possession, and (2) all P & I from the Gabella Property within sixty(60) days of receipt from Dakota County. (c) If a building permit is issued to the Recipient for the Galante Property by April 30, 2017, the EDA will direct the City to disburse the following: (1) the P & I in the City's possession and (2) all P & I received thereafter from Dakota County within sixty (60) days of receipt. (d) The City will retain any P & I in its possession after the disbursements in Section 3.1(a) and (b) if a building permit for the Galante Property is not issued by April 30, 201•7. 5 i Section 3.2. Conditions of Disbursement. In addition to the conditions set forth in Section 3.1 ' of this Agreement, the EDA is under no obligation to direct the City and the City is under no li obligation to disburse funds if the following conditions are not satisfied: (a) Recipient must meet, or be on track to meet, as determined by the EDA in its sole discretion,the Goals, as set forth in Section 2.5 of this Agreement; and (b) Recipient must not be in default under this Agreement, as defined in Section 7.1 herein. . ARTICLE 4 Loan Terms and Conditions Section 4.1. Basic Terms. Subject to Article 5 of this Agreement, the principal amount of the Loan shall be equal to the P & I disbursed to the Recipient. The Loan shall bear interest at a rate of six percent (6%) per annum, and interest shall commence to accrue as of each disbursement date and continue until satisfied or paid in full. The Loan shall be evidenced by the Note, the terms of which are incorporated fully herein by reference. Section 4.2. Repayrnent. If the Recipient does not pull a building permit for the Gabella Property or complete construction of the Phase I Improvements and obtain a certificate of occupancy for the Gabella Property on or before December 31, 2016, all of the Loan, including principal and interest, must be repaid on or before December 31, 2017. If the Recipient obtains a certificate of occupancy for the Gabella Property and pulls a building permit for the Galante Property by Apri130, 2017, but fails to complete construction of the Phase II Improvements and obtain a certificate of occupancy for the Galante Property by December 31, 2018, the unforgiven portion of the Loan, including principal and interest, must be repaid on or before December 31, 2019. Section 4.3. Termination of Article 4 of this Agreement. If the Loan is fully forgiven pursuant to Section 51(b) of this Agreement, the provisions of Sections 4.1 and 4.2 of this Agreement shall terminate with the remainder of this Agreement remaining in full force and effect. ARTICLE 5 Loan Forgiveness Section 5.1. Loan Forgiveness Schedule. (a) Phase Ilmprovements. If Recipient meets the construction and job creation Goals for the Phase I Improvements/Gabella Property and no event of default exists at the time such Goals are met, the EDA shall forgive the principal amount of the Loan for funds disbursed pursuant to Section 3.1(a) and (b) of this Agreement and all related interest. The failure to meet the construction and job creation Goals for the Phase II Improvements/Galante Property shall not constitute an event of default for purposes of this paragraph. 6 (b) Phase II Improvements. If Recipient meets the construction and job creation Goals for the Phase II Improvements/Galante Property and no event of default exists at the time such Goals are met, the EDA shall forgive the Loan in its entirety. ARTICLE 6 Additional Recipient Obligations Section 6.1. Additional Re�orting Requirements. In addition to the reporting requirements set forth in Section 2.10 of this Agreement, Recipient shall provide to the EDA information for incorporation into any progress reports, as required by any state or local government political agency, to monitor implementation of this Agreement for compliance with state and local guidelines. Section 6.2. Nondiscrimination. The provisions of Minnesota Statutes Section 181.59, which relates to civil rights and discrimination, shall be considered a part of this Agreement as though fully set forth herein, and the Recipient shall comply with each such provision throughout the term of this Agreement. Section 6.3. Workers Compensation Insurance. The Recipient shall obtain and maintain workers compensation insurance as required by Minnesota Statutes, Section 176:181, subd. 2. ARTICLE 7 Default Section 7.1. Events of Default. The Recipient shall be in default under this Agreement upon the happening of any o�e or more of the following events: : (a) the Recipient fails to meet any of the Goals, as set forth in Section 2.5 of this Agreement; (b) the Recipient fails to timely make all payments required under the Confessions of Judgment; (c) the Recipient is in breach in any material respect, of any obligation or agreement under this Agreement, with the exception of any default under sections 7.1(a), (b) and (i) for which no written notice is required, and remains in breach in any material respect for sixty (60) business days after written notice thereof to the Recipient by the EDA; (d) if any material covenant, warranty, or representation of the Recipient shall prove to be untrue in any material respect, provided such covenant, warranty or representation of the Recipient remains untrue in any material respect for sixty(60) business days after written notice thereof to the Recipient by the EDA; 7 (e) the Recipient fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state of federal, now or hereafter existing, becomes "insolvent" as that term is generally defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of any order for relief in such bankruptcy case, or be adjudged a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated or stayed within sixty(60) days of the appointment; (� a final judgment is entered against the Recipient that the EDA reasonably deems will have a material, adverse impact on the Recipient's ability to comply with the Recipient's obligations under this Agreement; (g) the Recipient fails to maintain its existence in good standing in the State of Minnesota with the Minnesota Secretary of State; (h) the Recipient fails to submit to the EDA a completed report as required by Section 2.10 in this Agreement; (i) the Recipient sells, transfers, assigns, leases or otherwise disposes of the Property in violation of Section 2.8 of this Agreement; (j} the Recipient merges or consolidates with any other entity without the prior written approval of the EDA; or (k) there is a loss, theft, substantial damages, or destruction of all or any part of the Development Property ar Improvements that is not remedied to the EDA's satisfaction within sixty(60)business days after written notice thereof by the EDA to the Recipient. Section 7.2. Rights and Remedies Upon Default. (a) In the event of default, the EDA shall have the right, at its option, and without demand or notice, which is hereby waived, to declare all or any part of the Loan, less any principal and interest forgiven in accordance with Article 5 of this Agreement, immediately due and payable. (b) Notwithstanding this section, the EDA shall have all rights and remedies available to it under any other provision of this Agreement or the Act. 8 (c) The Recipient agrees to pay the costs and expenses incurred by the EDA in enforcing its rights under this Agreement, including, but not limited to, the EDA's attorneys' fees. Section 7.3. Waiver. The failure or delay of the EDA to take any action or assert any right or remedy, or the partial exercise by the EDA of any right or remedy shall not be deemed to be a waiver of such action, right or remedy if the circumstances creating such action, right or remedy continue or repeat. ARTICLE 8 Recipient's Acknowled�ments,Representations and Warranties Section 8.1. Acknowled e�. The Recipient hereby acknowledges that: (a) Nothing contained in this Agreement, nor any act of the EDA, shall be deemed or construed to create between the EDA and the Recipient any relationship (except as borrower and lender), including,but not limited to,that of principal and agent,limited or general partnership or joint venture. (b) There are no other beneficiaries to this subsidy other than Recipient. Section 8.2. Representations and Warranties. The Recipient hereby represents and warrants that: (a) Recipient does not appear on the Minnesota Department of Employment and Economic Development's list of recipients that have failed to meet the terms of a business subsidy agreement. . � (b) Recipient has reviewed this Agreement with an attorney, accountant, financial advisor or other appropriate professional and fully understands the legal and tax implications of this Agreement. (c) To the best of the Recipient's knowledge, no member, officer, or employee of the EDA, or its officers, employees, designees, or agents, who exercises or has exercised any functions or responsibilities with respect to the Improvements during his or her tenure shall have any interest, direct ar indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Improvements or in any activity, or benefit there from, which is part of the Improvements. (d) The Phase I Improvements shall be carried out as promised to the City and the EDA. If Recipient constructs the Phase II Improvements, such improvements shall be carried out as promised to the City and the EDA. (e) To the best of the Recipient's knowledge, it has obtained or will obtain all federal, state, and local government approvals, reviews and permits required by law to be obtained in 9 connection with the Improvements and has undertaken and completed all actions necessary for it to lawfully execute this Agreement. (fl To the best of the Recipient's knowledge, it has fully complied with all applicable local, state and federal laws pertaining to its business and will continue such compliance throughout the term of this Agreement. If at any time notice of noncompliance is received by the Recipient, the Recipient agrees to take any reasonable action necessary to comply with the local, state or federal law in question. ARTICLE 9 Miscellaneous Provisions Section 9.1. Release and Indemnification Covenants. Recipient agrees to protect and defend the EDA and its officers, employees, designees and agents, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever, other than intentional acts, by any person or entity, arising ar purportedly arising from the Improvements. Section 9.2. Immunitv. Nothing in this Agreement shall be construed as a waiver of the EDA of any immunities, defenses or other limitations on liability to which the EDA is entitled by law. Section 9.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Recipient and the EDA. Section 9.4. Notices and Demands. Any notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by U.S. Mail or delivered personally to: (a) as to the EDA: Apple Valley Municipal Center - 7100 147th St. W. Apple Va11ey, Minnesota 55124 Attn: Thomas Lawell, Executive Director with co�v to: Dougherty, Molenda, Solfest, Hills &Bauer,P.A. 7300 West 147�' Street, Suite 600 Apple Valley, Minnesota 55124 Attn: Michael G. Dougherty (b) as to the Recipient: IMH Special Asset NT 175—AVN, LLC 7001 N. Scottsdale Rd., Suite 2050 Scottsdale, Arizona 85253 Attn: John McVey 10 And IMH Special Asset NT 175-AVN, LLC 4700 South Syracuse Street,Suite 375 Denver, CO 80237 Attn: Stuart Davis with co�,�o: Larkin Hoffinan Daly& Lindgren, Ltd. 1500 Wells Fargo Plaza 7900 Xe�es Avenue Minneapolis, Minnesota 55431 Attn: Peter J. Coyle or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the other party as provided in this section. Section 9.5. Bindin� Effect. The covenants and agreements in this Agreement shall bind and benefit the heirs, executors, administrators, successors and assigns of the Parties. Section 9.6. Mer er. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 9.7. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts; whether based on convenience or otherwise. Section 9.8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 9.9. Headin�s. The Parties agree the headings and sub-headings used in this Agreement are solely for convenience of reference, are no part of this Agreement, and are not be considered in construing or interpreting this Agreement. Section 9.10. Entire A�reement. This Agreement, with the e�ibits hereto, constitutes the entire agreement between the Parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the Parties pertaining to the subject matter of this Agreement. , Section 911. Separability. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other ll government entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be duly executed and delivered this day of , 2013. APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and a political subdivision of the State of Minnesota By: Tom Goodwin Its: President By: Pamela J. Gackstetter Its: Secretary IMH SPECIAL ASSET NT— 175 AVN, LLC, an Arizona limited liability company By: Its: APPROVAL OF TERMS AND CONDITIONS HEREIN BY: CITY OF APPLE VALLEY � By: Mary Hamann-Roland Its: Mayor By: Pamela J. Gackstetter Its: City Clerk 12 THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS &BAUER P.A. 7300 West 147�' Street, Suite 600 Apple Valley,Minnesota 55124 (952) 432-3136 (MGD: #66-32849) 13 EXHIBIT A Lot 1, Block l; Lots 1, 2 and 3, Block 2; Lot 1, Block 3; Lot 1, Block 7; Lot 1, Block 8; Lot 1, Block 9; and Lots 1 and 2, Block 10, THE LEGACY OF APPLE VALLEY NORTH, Dakota County, Minnesota. 14 EXHIBIT B BENEFIT DATE CERTIFICATION Pursuant to the Business Subsidy Agreement, made between Apple Valley Economic Development Authority and IMH Special Asset NT 175 - AVN, LLC, (hereinafter, the "Parties") on the day of , 201_, IMH Special As�et NT 175 - AVN, LLC, was approved for a subsidy in an amount of up to One Million One Hundred Thirty-one Thousand Three Hundred Twenty-two and No/100 Dollars ($1,131,322.00) from Apple Valley Economic Development Authority. This subsidy is subject to the terms and conditions set forth in the aforementioned Business Subsidy Agreement. IN WITNESS WHEREOF, the Parties do hereby acknowledge the Benefit Date as defined in Minnesota Statutes § 116J.993, Subd. 2, is , 20_ (the "Benefit Date"). APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY By: Tom Goodwin Its: President By: Pamela J. Gackstetter Its: Secretary IMH SPECIAL ASSET NT 175 —AVN, LLC, as Arizona limited liability company By: Its: 15 EXHIBIT C [Place holder for Confessions of Judgment] 16 EXHIBIT D PROMISSORY NOTE , 201 [First Disbursement Date] IMH Special Asset NT 175 — AVN, LLC, an Arizona limited liability company (the "Maker"), for value received, hereby promises to pay to the Apple Valley Economic Development Authority, a public body corporate and a political subdivision of the State of Minnesota(the 'BDA"), or its assigns (the EDA and any assigns are hereinafter referred to as the "Holder"), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of One Million One Hundred Thirty-One Thousand Three Hundred Twenty-Two and 00/100ths Dollars ($1,131,322.00) or so much thereof as may be advanced under this Note, with interest as hereinafter provided. The principal of this Note is payable as follows: 1. The principal shall bear interest at a rate of six percent (6%) per annum and interest shall commence to accrue as of each disbursement date. 2. Any outstanding principal and interest is due and payable on or before December 31, 2017 or December 31, 2019 pursuant to the terms of the Loan Agreement. 3. This Note is given pursuant to the Business Subsidy Agreement entered into by the Maker and the EDA on , 2014 (the "Loan Agreement"). All of the agreements, conditions, covenants, provisions, and stipulations contained in the Loan Agreement, or any instrument securing this Note are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence for this Note. If a default occurs under the Loan Agreement, or any instrument securing this Note, then the Holder of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note, together with any costs of collection including attorney fees incurred by the Holder of this Note in collecting or enforcing payment hereof, whether suit be brought or not, and all other sums due hereunder, or under any instrument securing this Note. The Maker agrees that the Holder of this Note may, without notice to the Maker of this Note and without affecting the liability of the Maker of this Note, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. 4. The remedies of the Holder of this Note as provided herein, and in the Loan Agreement, or any other instrument securing this Note, shall be cumulative and concurrent and may be pursued singly, successively or together and, at the sole discretion of the Holder of this Note, may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 17 The Holder of this Note shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless'such waiver is in writing and signed by the Holder of this Note and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to ar waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment,modifications, or change is sought. 5. This Note shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Note shall be heard in the state or federal courts of Minnesota, and all parties to this Note waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 6. This Note, with the Loan Agreement, constitutes the entire Note between the parties pertaining to its subject matter and it supersedes all prior contemporaneous Notes, representations, and understandings of the parties pertaining to the subject matter of this Note. 7. Wherever possible, each provision of this Note and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Note or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note or any other related document. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. IN WITNESS WHEREOF,the Maker has caused this Note to be duly executed as of the day of , 201_ IMH SPECIAL ASSET NT 175—AVN, LLC By: Its: By: Its: 18 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, MINNESOTA July 10, 2014 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was duly called and held on the lOth day of July, 2014, at 7:00 p.m. The following members of the Council were present: and the following were absent: Member introduced the fo�l��ing resolution and moved its adoption: CITY OF APPLE VALLEY RESOLUTION NC1.: RESOLUTION�VTHORIZING E��UTION OF AN AMENDED AND RESTATED DEV�LOPMENT A�SISTANCE AGREEMENT A. WHER�A�, ��e�ity of App1e Uall��, l�?�1r�n�Qta(t�ie "City"),the Apple Valley Economic Developrn�nt Authority(the "AuthQrity"�, and INfH �pecial Asset NT 175-AVN, LLC, an Arizona limited liability company(the"T?eveloper") have entered into a Development Assistance Agreement, dated as of February 1, 2013„("Original Agreement"), in connection with the constru�tian.c�f an�appro�i��tely 322 unit multifaz�ily rental housing facility consisting of two bui�ding�,�by th�I��velop�a�d each building be�ng located in the City; and B.' WHEREASy�� City, the Authority and the Developer have agreed to amend and restate the Original Agreemeiit in its entirety and have determined to enter into an Amended and Restated Develcipment Assistance Agreement (the "Development Agreement")to provide the Developer with fi��cing assist�nce for the Project in two separate phases. NOW, THER��7.RF��E�T RESOLVED by the City Council of the City of Apple Valley, Minnesota, as foll��: � 1. The Council hereby approves the Development Agreement in substantially the form submitted, and the Mayor and the City Administrator are hereby authorized and directed to execute the Development Agreement on behalf of the CounciL 2. The approval hereby given to the Development Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Development Agreement. The execution of the Development Agreement by the appropriate officer or officers 6338098v1 of the City shall be conclusive evidence of the approval of the Development Agreement in accordance with the terms hereof. ADOPTED on July 10, 2014 by the City Council. Mary Hamann-Roland, Mayor Attest: Pamela Gackstetter, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member , and, after full discussion thereof and upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly adopted. 2 6338098v1 CITY CLERK'S CERTIFICATE I,the undersigned, being the duly qualified and acting City Clerk of the City of Apple Valley, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a duly called and regularly held meeting of the City Council of said City held on July 10, 2014, with the original minutes thereof on file in my office and I further certify that the same is a full, true, and correct transcript thereof insofar as said minutes relate to a Resolution Authorizing Execution of a Devel�p�nent Agreement. WITNESS My hand officially and the offi�tal-`seal of the �ity this day of July, 2014. Pamela J Gackstetter, City Clerk � Apple Va��y, Minnesota (SEAL} 6338098v1 AMENDED AND RESTATED DEVELOPMENT ASSISTANCE AGREEMENT BY AND AMONG THE APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA THE 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 632��90�2 Table of Contents Page ARTICLE I DEFINITIONS................................................................................................. 3 Section 1.1 Definitions............................................................................................3 ARTICLE II REPRESENTATIONS AND WARRANTIES................................................ 7 Section 2.1 Representations and 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 LTNDERTAKINGS BY DEVELOPER AND CITY ..................................... 10 Section 3.1 Phase 1 Development Property.......................................................... 10 Section 3.2 Phase 2 Development Property.......................................................... 11 Section 3.3 Site Improvements, Minimum 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 ARTICLE V INSURANCE..................................................................................:.............. 18 Section5.1 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 6327790v2 Table of Contents (continued) Page Section 8.2 Prohibition Against Transfer of Property and Assignment of Agreement..........................................................................................26 Section83 Approvals...........................................................................................27 ARTICLE IX EVENTS OF DEFAULT...............................................................................28 Section 9.1 Events of Default Defined .................................................................28 Section 9.2 Remedies on Default..........................................................................28 Section 9.3 No Remedy Exclusive........................................................................29 Section 9.4 No Implied Waiver............................................................................29 Section 9.5 Agreement to Pay Attorney's Fees and Expenses..............................29 Section 9.6 Indemnification of the Authority and the City.,.................................29 Section 9.7 Phase 2 Minimum Improvements..................... ............... 30 .................. ARTICLE X ADDITIONAL PROVISIONS...................................................................... 31 Section 10.1 Restrictions on Use............................................................................ 31 Section 10.2 Conflicts of Interest............................................................................ 31 Section 10.3 Titles of Articles and Sections........................................................... 31 Section 10.4 Notices and Demands ........................................................................ 31 Section 10.5 Counterparts....................................................:..................................32 Section 10.6 Law Governing..................................................................................32 Section10.7 Expiration...........................................................................................32 Section 10.8 Provisions Surviving Rescission or Expiration..................................32 Section10.9 Assignment........................................................................................32 EXHIBIT A-1 DESCRIPTION OF PHASE 1 DEVELOPMENT PROPERTY..............A-1-1 EXHIBIT A-2 DESCRIPTION OR PHASE 2 DEVELOPMENT PROPERTY.....:........A-2-1 EXHIBIT B-1 FORM OF PHASE 1 TIF NOTE..............................................................B-1-1 EXHIBIT B-2 FORM OF PHASE 2 TIF NOTE..............................................................B-2-1 EXHIBIT C SITE IMPROVEMENTS AND MINIMUM IMPROVEMENTS.............. C-1 EXHIBIT D-1 COMPLIANCE CERTIFICATE FOR PHASE 1 MINIMUM IMPROVEMENTS...................................................................................D-1-1 EXHIBIT D-2 COMPLIANCE CERTIFICATE FOR PHASE 2 MINIMUM IMPROVEMENTS...................................................................................D-2-1 EXHIBIT E-1 FORM OF PHASE 1 ASSESSMENT AGREEMENT............................E-1-1 EXHIBIT E-2 FORM OF PHASE 2 ASSESSMENT AGREEMENT............................E-2-1 EXHIBIT F FORM OF MORTGAGE ............................................................................F- 1 ii 6327790v2 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 Minnesota, and IMH Special Asset NT 175- AVN, LLC, an Arizona limited liability company(the "Developer"), WITNESSETH: WHEREAS, the City and the Developer have entered into a Development Assistance Agreement, dated as of , 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 phase being located in the City; and WHEREAS, the City 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 therefar (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 connection 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 conformance 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. 63z��9o�z 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 6327790v2 ARTICLE I DEFIl�TITIONS 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: A�reement 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 minimum 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; Authoritv means the Apple Valley Economic Development Authority; Business Dav 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; Citv means the City of Apple Valley, Minnesota; Compliance Certificates means the Compliance Certificates in substantially the form attached hereto as Exliibit 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 �he 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 (8) landscape; Countv means Dakota County, Minnesota; Develo�er means IMH 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 6327790v2 Development Property means the means the Phase 1 Development Property and the Phase 2 Development Property; Event of Default means any of the events described in Section 91 hereof; � First Mort�a�e means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment 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; Mort�age means any mortgage ar 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 therean, and which is a permitted encumbrance pursuant to the provisions of Article VIII; Net Proceeds means 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 expense� (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 sueceeding 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 A�reement 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 A�reement means the agreement, in the form of the agreement eontained 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 E�ibit A-1 of this Agreement upon which the Phase 1 Minimum Improvements will be constructed; 4 6327790v2� � � � Phase 2 Development PropertX means the real property described in E�ibit 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(Gabella Building); Phase 2 Minimum Improvements means the substantial completion of the Site Improvements and the i�nprovements 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 Improvements 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 in E�ibit 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 E�chibit 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 E�iibit 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 E�iibit 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; Pro.L means the construction of the Phase 1 Minimum Improvements and the construction of the Phase 2 Minimum Improvements on the Development Property; Site Im�rovements means the Phase 1 Site Improvements 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 63a��9o�2 Tax Increment Financin 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 from 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 Delavs 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 6327790v2 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 meaning of Minnesota Statutes, Section 469.174, Subdivision l l, 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 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 Agreeme�t. (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 Authoritv. 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 6327790v2 Section 2.3 Representations and Warranties of the Developer. 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 i�n violation of any provisions of its articles of organization, operating agreement ar 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 permits, 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, ar 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 ar public safety problems which may arise in connection with the construction and operation of the Project. (8) The financing commitments which the Developer will obtain to finance construction of the Minimum Improvements, 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 successfizlly 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. 8 63z��9o�a (10) The construction of the Phase 2 Minimum Improvements shall commence no later than April 30, 2016 and bamng Unavoidable Delays, the Phase 2 Minimum Improvements will be substantially completed by December 31, 2017. (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 6327790v2 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 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 terms and provisions of this Agreement; (B) The Developer shall have obtained a building permit and commenced construction of the Phase 1 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 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 E�iibit F on , The Legacy of Apple Valley North, 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 Minimum Improvements. $87,500 shall be advanced for the Phase 1 Minimum Improvements when th� 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 6sz��9o�2 Section 3.2 Phase 2 Development Property. (1) It is the intent of the parties that the City reimburse 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 terms 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 E�ibit F on , The Legacy of Apple Valley North, 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 eve�t 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 $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 6327790v2 Section 3.3 Site Improvements, Minimum Improvements 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 any 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. Interesr 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 6327790v2 (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 payrnents 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 9.2. (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 terms 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 E�ibit 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 Improvements in an aggregate amounZ 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 6327790v2 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. Ail such payrnents 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 (5) 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 E�ibit B-2. In the event of any conflict between the terms 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 Compliance 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. 11 of the Tax Increment Act. Accordingly, in compliance with Section 469.1761, Subd. 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 6327790v2 (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 l, 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 zhe 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 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 ar before each January 1 and July 1, commencing on July 1, 2018 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 payrnent 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 Deparhnent of Housing and Urban Development. 15 6327790v2 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 witk 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 Plans 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 i£ {a) the Construction Plans conform to the terms 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 Plans, as modified by the proposed change, conform to the approval criteria 16 63z��9o�2 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 Com�letion 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 1, 2014, and, subject to Unavoidable Delays, the Developer shall substantially complete the Phase 1 Minimum Improvements on or before March 31, 2016. All work with respect to the Phase 1 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 1 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 1 Development Property during the construction of the Phase 1 Minimum Improvements to inspect such construction during normal working hours, on reasonable advance written notice of such inspection. Section 4.4 Commencement and Completion of Construction of the Phase 2 Minimum Improvements. The Developer shall cause construction of the Phase 2 Minimum Improvements to be commenced on or before April 30, 2016, and, subject to Unavoidable Delays, the Developer shall substantially complete the Phase 2 Minimum Improvements on or before December 31, 2017. All work with respect to the Phase 2 Minimum Improvements to be constructed ar 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 6327790v2 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 Termination 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 full 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 6s2��9o�z (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 part of its liability for worker's compensation. (3) All insurance required in this 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 conforming 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 case 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 skall 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 Minimum Improvements or any other material part thereof shall be taken in condemnation or by the 19 6327790v2 i � 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 Payrnent. 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 6327790v2 'I ARTICLE VI ASSESSMENT AGREEMENTS AND OTHER COVENANTS Section 61 Execution of Assessment Agreements. (1) Simultaneously with the execution of this Agreement, the Developer and the City shall execute the Phase 1 Assessment Agreement, as set forth in E�ibit 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 Improvements which will result in a market value as of January 2, 2017 of not less than $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 market value below the Assessar'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, 2042. The Phase 1 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 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 ar 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 thereo�, 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, 2018 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 6327790v2 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, 2042. 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 Improvements 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 thereo fl, 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 Propertv Taxes. The Developer acknowledges that it is obligated under law to pay all real property taxes 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 ariy 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 6327790v2 ARTICLE VII MORTGAGE FINANCING Section 7.1 Limitation Upon Encumbrance of Propertv. 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 encumbrance ar 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 Minimum Improvements (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 Approval of Mortga�e. The City and the Authority shall approve a Mortgage i£ (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 Improvements; (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 (21) days, they shall be deemed approved. Section 7.3 Notice of Default; Co�v 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 i 23 6327790v2 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 Mortga�ee's Option to Cure Defaults. After any breach or default referred to in Section 73, 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 Authoritv's and Citv's Option to Cure Default on Mort�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 o£ (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 opportunity 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�agees. (1) In order to facilitate the obtaining of financing far 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 63z��9o�a Assessor's Minimum 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 determine, 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 holder of the First Mortgage. 25 63a��9o�2 ARTICLE VIII PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION Section 8.1 Transfer of Substantiallv 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 A�ainst Transfer of Propertv and Assi�nment of A�reement. 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 assumed 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 6327790v2 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 6327790v2 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 ad 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 perform 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 mare 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 6s2��9o�z (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 terms 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 performance 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 A�reement to Pay Attornev's 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 Authoritv and the Citv. (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 6sz��9o�2 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 ar 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 covenants, 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 Improvements. 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 Improvements. 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 6327790v2 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. Anytitles of the several parts, 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: IMH 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 of Apple Valley, Minnesota Apple Valley Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124-7519 Attn: City Finance Directar (3) in the case of the Authority is addressed to or delivered personally to the Authority at: 31 6327790v2 Apple Valley Economic Development Authority, Minnesota Apple Valley Municipal Center 7100 147th 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 may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.6 Law Governin�. 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 Survivin� Rescission or Expiration. 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 109 Assignment. 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 6327790v2 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 Mayor By Its City Clerk STATE OF MINNESOTA ) ) SS . COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , the Mayor and the City Clerk, respectively of the City of Apple Valley, Minnesota. Notary Public 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 6sz��9o�z APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA By Its President By Its Secretary STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) � ` The foregoing instrument was acknowledged before me this day of , 2014,by , the President and , the Secretary,respectively of the Apple Valley Economic Development Authority, Minnesota. Notary Public 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-2 6327790v2 IMH SPECIAL ASSET NT 175-AVN, LLC By Its STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014,by , the of IMH Special Asset NT 175-AVN, LLC. Notary Public 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 6327790v2 EXHIBIT A-1 DESCRIPTION OF PHASE 1 DEVELOPMENT PROPERTY Lot l, Block 2 Lot 2, Block 2 Lot 3, Block 2 Lot 1, Block 3 Parkside Village, Dakota County,Minnesota. All in the Legacy of Apple Valley North, Dakota County, Minnesota. A-1-1 63z��9ov2 EXHIBIT A-2 DESCRIPTION OF PHASE 2 DEVELOPMENT PROPERTY Lot 1, Block 7 Lot 1, Block 8 Parkside Village, Dakota County, Minnesota. All in the Legacy of Apple Valley North, Dakota County, Minnesota. A-2-1 6327790v2 EXHIBIT B-1 FORM OF PHASE 1 TIF NOTE No, R-1 $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY TAX 1NCREMENT 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 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 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 l, 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 8-1-1 63z��9o�a 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 ar 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 payrnent 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. I This Note may be assigned only with the consent of the Authority which consents shall i 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 6327790v2 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 ihe Authority to exceed any constitutional, statutory or charter limitation thereon. IN 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-1-3 6327790v2 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 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 , 20_ � 20— � 20_ , 20_ B-1-4 6327790v2 EXHIBIT B-2 FORM OF PHASE 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, 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 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 terms hereof; provided that the sum of the principal amount listed above shall in no event exceed $2,666,000 as provided in that certain Amended and Restated Development Assistance Agreement, dated as of July l, 2014, as the same may be amended from time to time (the "Development Assistance Agreement"), by and between the Authority, the City of Apple Valley, Minnesota, and IMH Special Asset NT 175-AVN, LLC The unpaid principal amount of the Note shall bear simple, non-compounding interest from the � date of issuance of the Note at 5.0%per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The amounts due under this Note shall be payable on August 1, 2018, and on each August 1 and February 1 thereafter to and including February l, 2042 (as determined in accordance with the Development Assistance Agreement), or, if the first should not be a Business Day (as defined in the Development Assistance Agreement) the next succeeding Business Day (the "Payment Dates"). On each Payment Date the Authority shall pay by check or dra$mailed to the person whom was the Registered Owner of this Note at the close of the last business day preceding such Payrnent 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 Payrnent 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 6327790v2 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 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 Payrnent 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 eredit 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 assigmee 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 6327790v2 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, 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 6327790v2 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 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 , 20 � 2� � 20_ , 20_ . B-2-4 6327790v2 EXHIBIT C SITE IMPROVEMENTS AND MINIMUM IMPROVEMENTS Landscaping, including irrigation Foundations and Footings Grading/earthwork Engineering Survey Environmental Testing Soil Borings Site Preparation Onsite Utilities Storm Water/Ponding Outdoor Lighting Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements Underground Parking Costs of the Minimum Improvements G1 6327790v2 EXHIBIT D-1 COMPLIANCE CERTIFICATE FOR PHASE 1 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 1 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 , 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.] D-1-1 6327790v2 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 held 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.] � D-2-1 6327790v2 EXHIBIT E-1 FORM OF PHASE 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 IMH 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 l, 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 469177, 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, 2016 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 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 "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 terms of the Agreement between the City and the Developer. E-1-1 6327790v2 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 6327790v2 IMH SPECIAL ASSET NT 175-AVN, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , the of IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company, on behalf of said corporation. 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 IMH Special Asset NT 175-AVN, LLC. E-1-3 6327790v2 EXHIBIT A TO PHASE 1 ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF PHASE 1 DEVELOPMENT PROPERTY Project Name: Gabella Building Description: Lot 1, Block 2, Lot 2, Block 2, Lot 3, Block 2 and Lot 1, Block 3 All in Parkside Village, Dakota County, Minnesota A-1 632��9o�z CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the Phase 1 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 far 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 far Dakota County STATE OF MINNESOTA ) � ) ss. . COUNTY OF DAKOTA ) This instrument was acknowledged before me on , ZO_, by , the County Assessor of Dakota County. Notary Public E-1-4 6327790v2 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, 2017 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 acknowledged before me this _ day of , 20_, b the of , a Y � , on behalf of the Notary Public E-1-5 6sa��9o�z EXHIBIT 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 IMH 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 l, 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, 1Vlinnesota (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 minimum 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 "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 terms of the Agreement between the City and the Developer. E-2-1 6sz��9o�2 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-2-2 632��9o�z IMH SPECIAL ASSET NT 175-AVN, LLC ; By > Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , the of IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company, on behalf of said corporation. 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 IMH Special Asset NT 175-AVN, LLC. E-2-3 6327790v2 EXHIBIT A TO PHASE 2 ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF PHASE 2 DEVELOPMENT PROPERTY Project Name: Galante Building ` Description: Lot l, Block 7, and Lot 1, Block 8 All in Parkside Village, Dakota County, Minnesota I i i � I A-1 6327790v2 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 6327790v2 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 $13,830,000 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 acknowledged before me this _ day of , 20_, by , the of , a , on behalf of the Notary Public E-2-5 6327790v2 EXHIBIT F FORM OF MORTGAGE (Top 3 inches reserved for recording data) MORTGAGE by Business Entity MORTGAGE REGISTRY TAX DATE: , 201_ DUE: $ 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 Dollars ($ ) (the "Indebtedness") from Lender, Borrower hereby mortgages, with power of sale, the real property in Dakota County, Minnesota, legally described as follows: 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, ifany; (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 F-1 63z��9o�2 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. F-2 63z��9o�z 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 rnay 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-3 6327790v2 Bo�ower 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 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) (,signature of notarial o�cer) Title(and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY,MOLENDA, SOLFEST HILLS&BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley,Minnesota 55124 (952)432-3136 (MDK: 66-32849) F-4 63z��9o�2 PLANNED DEVELOPMENT AGREEMENT PARKSIDE VILLAGE—GABELLA PARKSIDE VILLAGE—GALANTE THIS PLANNED DEVELOPMENT AGREEMENT ("Agreement") is made this day of , 2014, by and between the City of Apple Valley, a Minnesota municipal corporation, (hereinafter the "City") and IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company (hereinafter the "Owner"). WHEREAS, the Owner is the fee title holder of real property in Dakota County, Minnesota, legally described as follows: Lot 1, Block 1, Lot 1, Block 7, Lot l, Block 8, � Lot 1,Block 9, and Lots 1 and 2, Block 10, in THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat, and Lot 1, Block l, in PARKSIDE VILLAGE - GABELLA, according to the recorded plat (collectively the "Property"), which Property is governed by this Agreement; and WHEREAS, the Owner has submitted an application to amend Planned Development Designation No. 739; and WHEREAS, the parties hereby acknowledge that this Agreement, the attached e�iibits (Exhibits A through D) and the additional plans and specifications submitted by Owner and approved by the City constitute the Planned Development Agreement for the Property; NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. This Agreement applies to the development and use of the Property. 2. The Owner agrees that its development and use of the Property shall, in all material respects, comply with the following Exhibits attached hereto and incorporated herein: E�ibit A Planned Development Ordinance No. 739, as amended Exhibit B Conditions E�ibit C Plans for Lot 1, Block l, PARKSIDE VILLAGE - GABELLA E�ibit D Plans for Lot l, Block 7 and Lot 1, Block 8, THE LEGACY OF APPLE VALLEY NORTH The Owner further agrees that its development and use of the Property shall comply with all additional plans and specificafions submitted by Owner and approved by the City, which are hereby incorporated herein by reference. All of the plans and specifications are available for inspection in full-size format at the Apple Valley Municipal Center. 3. Minor deviations from the above plans may be accepted by the City provided that the Community Development Director makes a written determination that the revised plans are in general conformance with the above-listed plans. 4. Notices, demands or other communications under this Agreement by either party to the other shall be sufficient and deemed delivered if dispatched by registered or certified mail, . postage prepaid, and addressed to the party and its attorney(s) at the addresses listed below. . Either party may designate another address or attorney(s) for receipt of notice under this paragraph by designating such change in writing, and forwarding such writing to the other party as provided in this paragraph. _ Notices to the City shall be mailed to: Notices to the Owner shall be mailed to: City of Apple Valley IMH Special Asset NT 175-AVN, LLC 7100-147th Street West 7001 North Scottsdale Road, Suite 2050 Apple Valley, Minnesota 55124 Scottsdale, Arizona 85253 Attn: City Administrator Attn: John McVey IMH Special Asset NT 175-AVN, LLC 4700 South Syracuse Street, Suite 375 Denver, Colorado 80237 Attn: Stuart Davis 2. With copy to: With copy to: DOUGHERTY, MOLENDA, SOLFEST Larkin Hoffinan Daly& Lindgren Ltd. HILLS &BAUER PA. 1500 Wells Fargo Plaza 7300 West 147th Street, Suite 600 7900 Xe�es Avenue South Apple Valley, Minnesota 55124 Minneapolis, Minnesota 55431 Attn: Mike Dougherty Attn: Peter J. Coyle 5. This Agreement may be amended from time to time as the parties may agree. Any such amendment must be in writing and signed by both parties. Furthermore, the development plans may be amended upon application by the Owner and approval of the City, pursuant to Apple Valley City Code. Amendments to the development plans, once approved, shall become E�ibits hereto and shall be fully binding upon the parties as if fully set forth herein. 6. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 7. This Agreement shall run with the Property and shall be recorded in the Office of the Dakota County Recorder or Registrar of Titles. 8. This Agreement shall be governed by and construed under the laws of the State of Minnesota. 9. Should any provision of this Agreement be held to be void, invalid,unenforceable or illegal by a court, the validity and the enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any such provision shall not act as a waiver by the non-defaulting party. IN WITNESS WHEREOF,.the parties have executed this Agreement to be effective as of the day of , 2014. 3. I OWNER: CITY OF APPLE VALLEY ', IMH Special Asset NT 175-AVN, LLC, ii an Arizona limited liability company ' By: IMH Financial Corporation, I� a Delaware corporation li Its: Sole Member I � �i By: By: Mary Hamann-Roland �� Its: � � � Its: Mayor �' � 'i By: Pamela J. Gackstetter �', Its: City Clerk �!, � STATE OF ) , ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said Comity, 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. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 2014, 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 4. � THIS 1NSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS &BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 (MDK: 66-32849) 5. E�ibit A CITY OF APPLE VALLEY ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-APPENDIX F OF THE CITY CODE ENTITLED "APPENDIX F: PLANNED DEVELOPMENT DESIGNATIONS"BY AMENDING ARTICLE A31 REGULATING PLANNED DEVELOPMENT DESIGNATION N0: 739 The City Council of Apple Valley ordains: Section l. That the official zoning map be amended to include the following land under Planned Development Designation No. 739 whereby that land identified and described for Planned Development Designation No. 739 under Ordinance No. 739, effective January 31, 2004, is hereby replaced and new sub-zones are added as follows: Zone 1: The north 310.00 feet of Outlot A, Culvers Addition, according to the plat of record with the Dakota County Recorder; and All land enclosed by the following described line: beginning at a point of the south line of the Northwest Quarter(NW 1/4) of Section 34, distant 945.35 feet west of the southwest comer of said NW 1/4; thence N 00°36'33"E 389.99 feet; thence N 00°16'37"E 310.00 feet; thence N 89°47'32"E 250.00 feet; thence S 00°16'37" W 250.00 feet; thence S 45°00'00"E 225.00 feet; thence N 89°47'32"E 337.50 feet;thence S 00°11'15" W 298.32 feet;thence S 89°47'32" W 741.19 feet to the point of beginning and there terminating; and . . Lot l, Block 4 and Lot 1, Block 5 of The Legacy of Apple Valley North; and The northerly 90 feet of Lots 1 &2, Block 6 of The Legacy of Apple Valley North. Zone 2: All land enclosed by the following described line: beginning at a point on the south line of the Northwest Quarter(NW 1/4) of Section 34, distant 50.00 feet west of the southwest comer of said NW 1/4; thence 89°47'32" W 154.16 feet; thence N 00°11'15"E 298.32 feet; thence S 89°47'32" W 337.50 feet; thence N 45°00'00" W 225.00 feet; thence N 00°16'37"E 250.00 feet;thence S 89°47'32" W 250.00 feet; thence N 00°16'37"E 19916 feet; thence N 00°11'15"E 260.79 feet;thence S 89°44'28"E 695.40 feet; thence S 00°11'15" W 210.79 feet;thence N 89044'38"E 210.01 feet; thence S 00°11'15" W 948.81 feet to the point of beginning and there terminating; and Lot 1,Block 9 of The Legacy of Apple Valley North; and Lots 1 &2, Block 6 of The Legacy of Apple Valley North, excepting therefrom the northerly 90 feet of each Lot 1 and Lot 2, Block 6. Zone 3: Lot l, Block 7 and Lot 1, Block 8 of The Legacy of Apple Valley North, together with that part of Fortino Street lying between the south line of Block 7 and the north line of Block 8 extending from the east line to the west line of said Blocks, all of which is proposed to be re-platted as Lot l, Block 2 Parkside Village; and Lots l, 2 and 3, Block 2 and Lot l, Block 3 of The Legacy of Apple Valley North, together with that part of Fontana Trail lying between the east line of Block 2 and the westline of Block 3, extending from the north line to the south line of said Blocks, all of which is proposed to be re-platted as Lot 1, Block 1 Parkside Village; and Lots 1 and 2, Block 10 of The Legacy of Apple Valley North. Zone 4: Lot 1, Block 1 of The Legacy of Apple Valley North. Section 2. Article A31 of the Apple Valley City Code is hereby amended by deleting Section A31-4 (C), Section A31-5 (C), Section A31-7 (C), and the Zone 1-A column in the Table of Minimum Area Standards and Requirements set forth in Section A31-8(C). Section 3. Article A31 of the Apple Valley City Code is hereby amended by adding Section A31-4(C) and (D)to read as follows: § A31-4. PERMITTED USES. � * � * . (C) Zone 3: Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the city council: (1) Any permitted use specified for Zone 1 of Planned Development Designation No 739 herein. (2) Assisted Care Facility on Lots 1 &2, Block 10 of The Legacy of Apple Valley North. For purposes of this clause, an Assisted Care Facility shall mean a structure or several structures developed as a single facility in which residential housing and limited medical care is provided to persons who reside in a single unit dwelling that includes complete, permanent independent living facilities for the resident, including,but not limited to: living, sleeping, cooking, eating, and sanitation provisions and receives some personalized supportive services or care from the facility staff,but not full, 24-hour personal or medical care. (D) Zone 4: Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: 2. (1) The following retail uses: Antique or gift shops; appliance store (sales and/or repair); art and school supply store;bakery;bank and savings and loan;barbershop; beauty salon;bicycle sales;books; stationary and office supplies; candy; camera and photographic supplies; carpet and rug sales; catering services; china and glassware sales; clothing and costume sales and rental; coin operated amusement devices and similar facilities; department store; drugstore; dry cleaning; dry goods; electronic sales and/or service; florist; furniture store; garden supplies; grocery;hardware store; hobby store; interior decorating; jewelry and watch repair; laundromat; leather goods and luggage; locksmith; musical instruments; nail salon, on-sale liquor,wine or 3.2 beer in conjunction with a Class I restaurant facility; paint and wallpaper sales; photography studio; pipe and tobacco shop; recorded music sales; Class I, II, or III restaurant (no drive through facilities allowed), subject to the installation of state of the art ventilation equipment in restaurants where applicable; shoe sales ar repair; sporting goods; tailoring; theater (except open air drive-in); toy store; video rental and sales. (2) Professional offices for doctors, dentists, lawyers, realtors, insurance agents, and similar uses. Individual tenant office spaces shall not exceed 25% of the first floor gross area within anyone building. (3) Offices of a general nature where the operations do not include over-the- counter retail sales or warehousing from the site. Individual offices shall not exceed 25% of the gross floor area within any one building. (4) Paxking ramps and structures in conjunction with a commercial building. (5) A single-story building, provided the following conditions are met: (a) The height of the building as measured from grade shall be a minimum of 25 feet and shall be designed to appear as a two or more story building. The minimum building height shall not include decorative parapets, towers, or other architectural, ornamental or mechanical treatments. (b) Any elevation of the building that fronts a public street, sidewalk, parking lot, or open space as defined herein shall have window coverage of a minimum of 35% of the total square feet area of the elevation. The windows in the lower 50% area of the elevation, as measured from grade to the roof line, shall be constructed of a material that allows unobstructed view into the building. Spandrel glass or other false window material shall not be permitted for windows that are located in the lower 50% area of the elevation,but may be installed in the upper 50% area of the elevation. The phrase "open space"shall mean any public i right-of-way,public property, and any outdoor private property which is open to the general I public, including,but not limited to: plaza areas, court yards, outdoor dining areas,patios, �, commons, gardens or other feature areas for display to and review by the public. j � Section 4. Article A31 of the Apple Valley City Code is hereby amended by adding �� Section A31-5(C) and (D) to read as follows: �li � § A31-5. CONDITIONAL USES. ' * * � � , 3. (C) Zone 3: Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council pursuant to the granting of a conditional use permit: . (1) Any conditional use specified for Zone 1 of Planned Development Designation No 739 herein. (D) Zone 4: Within this zone, no structure or land shall be used except for one or more of the following uses or'uses deemed similar by the City Council pursuant to the granting of a conditional use permit: (1) Sidewalk display or sales of goods conducted by an occupant of a retail building subject to the following standards: (a) Sidewalk displays or sales shall be permitted only directly in front of the occupant's business,provided that at least five (5) feet of clearance is maintain at the storefrorit entrance, the display is located against the building wall and no greater than three (3) feet deep, no higher than the sill of the first floor windows and does not exceed 75 percent of the length of the storefront. (b) Sidewalk displays or sales shall be clean, litter-free, and well- maintained at all times and shall be compatible with the colors and character of the storefront from which the business operates. (c) Sidewalk displays or sales shall be permitted only during business hours and shall be removed at the end of the business day. (d) Items for sale shall be displayed on commercially available or professionally constructed,custom-designed shelving or platforms of waterproof,high quality, and durable materials. Cardboard boxes and wood pallets shall not be used for sidewalk displays or sales. (e) A minimum of five (5) feet sidewalk shall remain clear to allow for unencumbered pedestrian movement. . (2) Outdoor sidewalk seating in conjunction with a restaurant, subject to the following standards: (a) A minimum of five (5) feet of sidewalk along the curb and leading to the entrance of the restaurant shall be maintained free of tables, chairs, and other obstructions. (b) Temporary barriers shall be used as a way of defining the sidewalk cafe area. (c) Extended awnings, canopies, or large umbrellas with colors that complement the building colors may be permitted. (d) Additional outdoor trash receptacles shall be provided. 4. (e) Tables, chairs,planters, trash receptacles, and other elements of street furniture shall be compatible with the architectural character of the building where the restaurant is located and/or City of Apple Valley street furniture standards. Section 5. Article A31 of the Apple Valley City Code is hereby amended by adding Section A31-7(C) and (D)to read as follows: § A31-5. PERMITTED ACCESSORY USES. * * � � (C) Zone 3: Within this zone, one ar more of the following uses or uses deemed similar by the City Council shall be permitted accessory uses: (1) Any permitted accessory use specified for Zone 1 of Planned Development Designation No 739 herein. (D) Zone 4: Within this zone, one or more of the following uses or uses deemed similar by the City Council shall be permitted accessory uses: (1) Any permitted accessory use specified for Zone 2 of Planned Development Designation No 739 herein, except no temporary sales office shall be permitted. Section 6. Article A31 of the Apple Valley City Code is hereby amended by adding Section A31-8 (G)(9) &(10) to read as follows: § A31-8. AREA STANDARDS AND REQUIREMENTS � � * * (G) Parking design and maintenance. The following parking requirements shall be incorporated into all site plans: * * � � (9) Parcels within Zone 3 and abutting Galaxie Avenue may have up to 10% of the parking stalls in an underground parking garage be a minimum of 8.5 feet wide. (10) Parcels within Zone 3 and abutting Galaxie Avenue may have 90° parking stalls within a surface parking lot a minimum of 19 feet in length,provided a stall abutting a curb may be a minimum of 18.5 feet. Section 7. Summary approved. The City Council hereby determines that the text of the summary marked"Official Summary of Ordinance No. 938", 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 summary will clearly inform the public of the intent and effect of the ordinance. 5. Section 8. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any person during regular office hours. Section 9. 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. Section 10. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. PASSED by the City Council this 24th day of January, 2013. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk F 6. CITY OF APPLE VALLEY ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF APPLE VALLEY,AMENDING CHAPTER 155-APPENDIX F OF THE CITY CODE ENTITLED "APPENDIX F: PLANNED DEVELOPMENT DESIGNATIONS"BY AMENDING ARTICLE A31 REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 739 The following is the official summary of Ordinance No. 938 approved by the City Council of Apple Valley on January 24, 2013: Article A31 of Appendix F of Chapter 155 of the Apple Valley City Code, regulating Planned Development Designation No. 739 is amended by adding Zones 3 &4 applicable to and the rezoning of certain parcels of land located within The Legacy of Apple Valley North plat. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. Effective date. This ordinance shall take effect upon its passage and publication. 7. CITY OF APPLE VALLEY RESOLUTION NO. 2014 - FINAL PLAT AND SUBDIVISION APPROVAL PARKSIDE VILLAGE GABELLA 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,th�City Planning Commission held a public hearing on an application for subdivision of land by plat c�n September 19,2012; and WHEREAS,the City Planning Commission four�d��pr�li�pinary plat to be in conformance with the standards of Chapter 153 of the City Code and�'��ommende�i its approval on October 17, 2012, subject to conditions,which was subsequently approved by the Ci"�ouncil on January 24,203, and , :: WHEREAS, pursuant to Chapter 153 of the�ity Code,.a�ubdivision�r�ement between the applicant and the City detailing the installation of the;�equir�d improvements in the subdivision and the method of payment therefore h�.�een prepared: � NOW, THEREFORE, BE IT R��t�L�EL�:by the City�C�uncil of the City of App1e Valley, Dakota County, Minnesota, that the su�division �.gxeement and final plat for the following described plat of land are her�k�� approved, and the l�Iayor and Ci��Clerk are authorized to sign the same,to wit: PARI�SIDE VILI,AGE GABELLA BE�T FUR°I'HER RES�L�ED,pursuant to Chapter 153 of the City Code,that said plat shall be�l�d with the D�k�ta Cou�ty Recorder within sixty(60) days of the certified release from the City c��fices or such apprc�val shall be null and void. ADOpTED this 12th day cif July, 2�14. 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 IMH SPECIAL ASSET NT 175-AVN,LLC And CITY OF APPLE VALLEY For PARKSIDE VILLAGE- GABELLA WHEREAS, the City of Apple Valley, a Minnesota municipal corporation (the "City"), has been requested by IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company (the "Developer"),to approve for recording the following described plat of land: The Plat of PARKSIDE VILLAGE—GABELLA (the "Plat"); and WHEREAS, pursuant to City Ordinances, the Planning Commission held a public hearing with reference to the application for approval of the Plat on September 19, 2012; and WHEREAS, the Planning Commission recommended its approval on October 17, 2012, subject to conditions; and WHEREAS, the City Council approved the Plat on , 2013; subject to conditions; NOW, THEREFORE, in consideration of the mutual agreements of the parties it is hereby agreed by and between the parties as follows: L - Plat. Subject to the terms and conditions of this Agreement, the City hereby approves for recording the plat known as PARKSIDE VILLAGE - GABELLA, as shown and noted on Exhibit "A"attached hereto. 2. Zonin�. 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 for Planned Development Designation No. 739. 3. Extension of Gabella Street. The Developer shall install municipal improvements to connect Gabella Street to Foliage Avenue consistent with plans and specifications to be prepared by the City, all at the Developer's sole cost and expense, as provided in the Agreement for Private Installation of Improvements attached hereto as Exhibit "B"and incorporated herein. � L 4. Relocation of Storm Sewer Line. The Developer shall relocate a portion of the 24-inch storm sewer line currently located within Fontana Trail consistent with plans and specifications to be prepared by the City, all at the Developer's sole cost and expense, as provided in the Agreement for Private Installation of Improvements attached hereto as Exhibit "B"and incorporated herein. 5. License to Maintain Storm Sewer Line. The Developer hereby grants to the City a license over, under and across that certain portion of Fontana Trail to be vacated and replatted as part of Lot 1, Block 1, Parkside Village - GABELLA (the "License Area") for the purpose of operating and maintaining the existing 24-inch storm sewer line. The foregoing license may not be terminated or revoked by Developer, but shall expire automatically upon the City's acceptance of a relocated 24-inch storm sewer line pursuant to the Agreement for Private Installation of Improvements attached hereto as Exhibit "B" and incorporated herein. The grant of the foregoing license includes the right of the City, its contractors, agents and servants to enter upon the License Area at all reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the further right to remove bituminous pavement and other obstructions. During the term of the License, the Developer shall not cause any damage to the 24-inch storm sewer line located within the License Area and shall be responsible for any damage caused by the Developer or its agents. The Developer shall hold the City and its officers, employees, agents, representatives, attorneys, successors and assigns harmless from any and all claims arising out of or related to the existence, use, maintenance, repair, removal, damage or destruction of the 24-inch storm sewer line within the License Area, except for the City's own , negligence. 2. 6. Drainage and Utility Easement. To accommodate the relocation of the 24-inch storm sewer line, the Developer shall execute and record a drainage and utility easement in favor of the City in the form attached hereto as Exhibit "C"and incorporated herein and deliver a copy of the recorded easement to the City prior to the release of the Plat. 7. Maintenance of Municipal Imqrovements. The municipal improvements serving the Plat shall be maintained as follows: A. The City shall only be responsible for maintenance of sanitary sewer lines located within public streets and utility easements dedicated to the City. Maintenance of service and lateral lines, installed outside of the public streets and easements dedicated to the City and having a pipe of less than eight inches in diameter, shall be the responsibility of the individual property owner or property owners' association. B. The City shall only be responsible for maintenance of water lines located within public streets and utility easements dedicated to the City. Maintenance of services, shut offs and lateral lines, installed outside of the public streets and easements dedicated to the City and having a pipe of less than six inches in diameter, shall be the responsibility of the individual property owner or property owners' association. C. The City shall only be responsible for maintenance of the storm sewer system located within public streets and utility easements dedicated to the City. Maintenance of catch basins and leads to manholes outside of the public streets and easements dedicated to the City shall be the responsibility of the individual property owner or property owners' association. 8. Developer Installed Improvements. Subject to the provisions hereunder, the Developer shall grade the Lots in the Plat and install improvements within the Plat, in accordance with and under the following conditions: A. To complete the public improvements as provided in the Agreement for Private Installation of Improvements attached hereto as Exhibit "B". B. To complete all improvements in conformance with the plans and specifications submitted by the Developer and approved by the City, which shall become part of this Development Agreement upon approval by the City. C. To install all utilities underground in the Plat in accordance with the utility plans approved by the City, specifically including electrical, telephone, cable television 3. and gas services. The Developer hereby represent that all utility services will be available for a building prior to occupancy. D. To grade the Plat in accordance with the grading and erosion control plans approved by the City. The Developer shall also submit a copy of ine of the General Storm Water Permit approval 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. E. To install a protective box and cover over each sewer cleanout and water shutoff, in accordance with plans approved by the City. F. To install all lot monuments prior to recording the plat but not later than March 31, 2015. G. 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 Plat. The Developer further agrees to submit to the City for its approval, a Natural Resources Management Plan prior to any construction of land-disturbing activity in connection with the construction on each Lot in the Plat. 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. H. To submit a hauling and staging plan to the City for its approval, at the time of Natural Resources Management Permit (NRMP) application. � I. To install erosion control measures in accordance with the Apple Valley Natural Resource Preservation Plan. The Developer shall pay the City a fee as required by Section 152.15 of the City Code and calculated by the City to offset the cost of inspections to ensure compliance with the Plan. Payment shall be made at or prior to the issuance of a Natural Resources Management Permit and building permit(s). J. To install pedestrian improvements in accordance with the City's adopted Apple Valley Central Village Plan and Planned Development Designation No. 739. K. To install City street trees on boulevard areas of public street right-of-ways, in accordance with species, size, and spacing standards established in the Apple Valley Streetscape Management Plan. L. Construction shall occur in conformance with the site plans approved by the City, without encroachment into the drainage and utility easement adjacent to Galaxie Avenue, including parking lot paving and a non-surmountable 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. 4. M. 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 Plat, at the Developer's sole cost and expense. N. Construction shall occur in conformance with the landscape plans approved by the City (including sodded/seeded public boulevard area up to each street curbline); subject to (i) submission of a detailed landscape planting price list for verification of the City's 2-1/2% landscaping requirement at the time of building permit application, (ii) replacement of the honeylocust trees along Galaxie Avenue with a tree that is better suited to the limited size of the planting area, to be reviewed and approved by the Natural Resources Coordinator, (iii) spacing of the trees to the satisfaction of the City's Natural Resources Coordinator and (iv) all plantings counted toward satisfaction of the City's 2-1/2% landscaping requirement shall be located outside of the City's right-of-way. Landscape materials may include plant materials, underground irrigation systems, public art, fountains, decorative paving, and other outdoor common area elements that create an enhanced sense of place and foster positive social interactions. O. 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 erection of any signs. P. The Developer shall install and pay for a public (or private) street lighting system, constructed to City and Dakota Electric Company standards. The street lighting plan shall be reviewed and approved by the City Engineer prior to issuance of the building permit. Q. The Developer shall submit a site lighting plan to the City for its approval, at the time of building permit application. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confine the light to the property. The lighting plan shall be reviewed and approved by the City Planner prior to issuance of the building permit. R. Construction on Lot 1, Block 1, of the Plat shall occur in accordance with the plans prepared by Kaas Wilson Architects attached hereto as Exhibit "D" and incorporated herein, full-size copies of which are available for inspection at the Apple Valley Municipal Center. S. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. There shall be no deviation from the foregoing hours of construction without prior written approval by the City Engineer. 5. T. Earth-moving 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. U. The Developer agrees to attend a meeting with representatives of the City, which meeting requires the attendance of all contractors and subcontractors, prior to commencement of any improvements. V. The Developer will not bury any pipe nor install bituminous surface nor pour concrete without the specific approval of the City Inspector, which approval shall not be unreasonably withheld, conditioned or delayed and shall be made by applying City standards uniformly and consistently applied in other City projects, prior to the work being performed. W. To deliver and to keep in existence with the City letters of credit or cash escrows in the aggregate amount of Ninety-three Thousand Eight Hundred Ninety and No/100 Dollars ($93,890.00) to secure the performance and payment of the obligations under this Agreement to the satisfaction of the City. (The security required by this Section includes the $71,500.00 letter of credit or cash escrow under Section 3.G of the Agreement for Private Installation of Improvements.) Each letter of credit must contain a provision that it is automatically renewable for successive one-year periods unless at least thirty (30) days prior to its expiration the issuer delivers written notice to the City of its intention to not renew the letter of credit Following receipt of notice of non-renewal, the City may at any time thereafter, present the letter to the issuer and draw in cash the remaining principal obligation under the letter of credit. X. Issuance of a Building Permit and a final certificate of occupancy for each Lot is contingent upon the project being constructed in conformance with all� die preceding 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. Y. 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 paragraph. 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. Z. That any material violation of the terms of this Agreement and in particular this section, shall allow the City (i) to stop and enjoin all construction in the Plat until 6. authorization to proceed is given by the City and (ii) to exercise any other remedies available under this Development Agreement or under the Development Assistance Agreement between the Developer and the City. The exercise of any remedy shall not preclude the exercise of any other remedies available to the City. The Developer agrees to hold the City hannless from any damages, causes of action, or claims related to the construction being stopped by the City. 9. Occupancy. No occupancy of any building in the Plat shall accur until water, sanitary sewer, and a paved surface are available for use to that building. 10. Service Fees: The applicant shall pay the City for the public services furnished to each Lot within the Plat, 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 perr�it is issued (presently $2,646.00 per unit - $2,365.00 Metro and $281.00 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 $766.00 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. Park Dedication. The parties mutually recognize and agree that park dedication requirements for the Plat, as provided in Chapter 153 of the City Code, shall be satisfied by a cash payment of Two Hundred Nineteen Thousand Eight Hundred Fifteen and No/100 Dollars ($219,815.00). This amount is due and payable prior to the release of the Plat for recording. 12. Storm Water Dedication. The parties mutually recognize and agree that the storm water pond dedication requirement, as provided in Chapter 153 of the City Code, has been satisfied. 13. As-Built Surveys. The Developer must provide the City with as-built site surveys ("Survey") for each building constructed within the Plat, prior to the issuance of the Certificate 7. of Occupancy ("CO") for that building; provided, in the event the Developer is proceeding in good faith to obtain the Survey, and the Survey's availability is the only impediment to the City's issuance of the CO, the City agrees to accept a deposit of$5,000.00 to ensure completion of the Survey and upon receipt of such deposit, the City will issue the CO. 14. Release. The Developer hereby specifically release the members of the City Council from any personal liability in connection with handling funds pursuant to the terms of this Agreement, and further agree to indemnify and hold the members of the City Council harmless from any claim, of any and every nature whatsoever caused or contributed to by the acts or omission of the Developer except for the members' willful misconduct, that may arise as a result of this Agreement or the creating of the Plat. 15. Binding Terms. The parties mutually recognize and agree that all terms and conditions of this Agreement run with the Plat and shall be binding upon the respective heirs, administrators, successors and assigns of the Developer. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the day of , 2013. DEVELOPER: CITY OF APPLE VALLEY IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company By: IMH Financial Corporation, a Delaware corporation Its: Sole Member By: By: Mary Hamann-Roland Its: Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF ) ) ss. 8. COUNTY OF ) On this day of , 2013, 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. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 2013, before me a Notary Public within and far 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. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 (MDK: 66-32849) 9. � ��"�:,�� 1�� i� �i��...� �� . . . ee �. ` � � �� : � � � -. �� . � � . ., ' ..... ... ��' # � � , r _ .. e .... R . �t .! � '� � �c.rra»x�ur.�vaea�ar��e�. . . � ��r ++�Y4l�, " s � '°S' ; .. 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Wf�aYtYCMMA . � . r��... �+eaeec.. .m��+wi.+�:. �wwr�arz�cew.�.�� . � . �e.��wasaew�,w bw�.�.e.�vv.�,,,.�,.�s* ..�.a.�,.m. . . . . +*�,.„.w.�.+�a-��M��.�.....a��.�..M.»..a,��nw� . � �'�� H �� s � R�hder c�r�d Asso�iates� �tnc,� EXHIBIT "B" TO DEVELOPMENT AGREEMENT AMENDMENT TO AGREEMENT FOR PRIVATE INSTALLATION OF IMPROVEMENTS This Amendment is made effective as of the day of , 2014,by and between IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company (the "Developer"), and the City of Apple Valley, a Minnesota municipal corporation(the"City"). The Agreement for Private Installation of Improvements dated January 24, 2013,between the Developer and the City (the "Agreement") is hereby amended as follows: 1. The "Property" shall be defined as the plat of PARKSIDE VILLAGE—GABELLA. 2. The Agreement shall remain in full force and effect, except as specifically amended herein. IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date first written above. IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company By: Its: STATE OF ) ) ss. COUNTY OF ) On this day of , 2014,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 I acknowledged said instrument to be the free act and deed of the limited liability company. Notary Public CITY OF APPLE VALLEY By: Mary Hamann-Roland Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 2014, 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 2. Exhibit A TO AMENDMENT TO AGREEMENT FOR PRIVATE 1NSTALLATION OF IMPROVEMENTS A�G�;�:�'�.G+�ar`�x+'(lK P�VATL A�ISTr�:i:.LA.J��Q�I C?�'Ti4TPT2GIVE�IENT�S THIS �1.GR:CEME1�iT is made tlus �.��►da� of ��rua_r�__LL__, 2��3z bet��een L�VIH Special Assefi NT 175-.�VN, LLC, �Arizona Iimited lia6i�ity comp�tny (t�e "Devc�aper"�, ancl f.�e (;ity a�Ap�t�V�:lley, �Minne�c�ia municipal�orporatic�n(t:he`:C�tv„�. VVH�RE.�S,tlie llevelc�per has reques�ed the City's appro��1 far the foilc��uing described inst�,l��tica�Y o�irn�rot�ements for the l�rz�l t��e r�plat��r�and d��■elc�ped as the�I�C c�i'P�RKSTD� VV.�I,LA�E(t�ze"Prc�perty'>) ;�nd ' WHE�AS,�he propas�d repl�t �nd de�relapz�ent o�the 1'r�p�rty v�ill nec�ssit�te (ij the relc�eatiaxa p�a 24-z�acli stc�rrn s�r��er lix�e;frc�rn a�aartian afFc��tana T��il and (ii) thu ext;;��si�n af �abella St�eet tc�cc�nn�ct wit��Fcali�i�e�venuea an�. ' ��IE•�AS, tlie City has a,�reed t�a�pro�e �a'd�llo��re�acatiran o�°the st�r°xn sew�linc a�d the e��en��on n�Gabella S�re�t trn the�erms anci co�ditions cantained herei��; N�'44', '�'HEI�EFQRE, i� c��sidLration of �he mutu�l agxe�ments �f the par�i�s, it is ��rel�y a�re�d by azad bet�veen the�artzes as�alJows: l.. ��ibjcc� fio �Ck�e �ernns �z�.cl co�aditzazzs o£this ��rcement, thc City he-rebv a�proves tlie �•e��cat��.�a�'a�;c�z�:ic�n ct1'tl�� 2�-ia�ch storm se�vex Iine locatecl wit�in Fontan� I`r�zl and th� �atens.in�i nf�"Tabella Str�e1 to conn.�ct witla F'c�liag�:'��e1�ue. 3. �. Ztnmedi�#ely fQ11av��ita� the execu.tic�i� nf �his A�reernent, tb.e 17ev�loper shall �xecute a:ad record a clrainage a,�d utility easernent in �avnr of the City in the farm Attaehed he�-etca as �:t;�ztbit `r,A" arac�. deliver a file�-stiamped cQp.v of tl�e ea�sement containi�� recoxdin� in�ormatian to the Cit�r, 3. I�VIPRIJV�I��ENTS The De��elopex h�s requ�sfed an�d tlze City I�a.� �gr�ed to c�esigrr platls an.rJ s}aecificatio��s �or ihe rtecessary (i} stvrm seti�er removal, {ii) stann sew�r ix�st�ila�ia�, �iii} strect rem��ral and (iv)street eansh�uction including insta[l�tion of concrete curb,bifi.�it�ous patitement�nd concr�te sideu>alk {ctallectively the `°Improvenlents"� at the Detitel�per's sole cast �nd expen.s�. 'I�� I?evelvper shall n�tify the City o� its com.�7le�ic�i� a1' fhe Itnprov�u�ents, and follt�wi�� can�rmatic�n of rhear acce�t.�uie� l�y tlaa City and the recording af ihe �.z�A.l.� �'lai, th.e In�prav�ments shall be�naintainec�l as falloevs: i) Th� Cit�T shall be responsibl� tor m�in.tenance af sanitary lines l.ocatecl w�thin pu�slic strzels anci �ublic utility e�em�r�ts cledicated ta th� City �.n�l for z�ai.�tana�ace of service and lateral].znes inst�lled outside of such.pul�Iic stre�ts and p�blic utality easemenrs d�dicated ta the City h�ving a �i�e equal ta or breater than eight inches zn diamet�r. iVlai.ntenaxiee c�f,eY��ic:e aa�d lat�raf li��es i►�stalled _ ��ifside o�stiich public �freets 1x�d publie utility �ase�ents dedicated to t�.e Ci�.y having a pipe less tki�uu cigl�t inches in d'zan�etei sl�a�l �� the respun�ibiPitv of ihe indi�7idual�roperty�o�;ner ox pxo�aerty' o�yner's associ�tic,n. The DevclQ��er sl��il he res�un.�i�le S:c�sr 10f)"�caf fhe cust af i:niva!��a1l�.tzon of s�:tch sanit�ry lines. ii) 'T'h�('ity slaall be respc�nsihle for inaintenaiac�af vvaiex lines locaied within pub[ic ��tee�s and public utilit,y easements �edicate�I tc�tbv City �d f�r mainter�anee �f s�rvices, shutaffs aaad l�,tera.l lines inst�Iled at�tside o� s�xch pul�lic s�•eets and public utility e�sen�e��.ts dedicated to the Ci� ��vin� � pipe ec�ual ta ar �reaier t�a�i sia inches �a dia�nee�r. 1vlai��t��ance cal services, slaut c�ffs and 1�te�� li�es in��alled otitsictc of su�h public streets �nd publie �.rixlrtv ease:�x�zits cleciicated io the City havixi� a g�p� flf les� t�an six i��ches iia diameter shall be ihc r.esponsibility c�f the indir��idtu�l propc�rty o1vz�.er. c�r ��raperty o��ner'S �ssc�cicttion. Tla� Devel4�ec s11dll be respon.sible far 1�0°10 crf tl�c; ct�5t of iiiiiial in��allatic�n af suela water lines. iii) Tl�e City sh�a.t1 be respo�lsible fox maiz�.�e��nce c�f il�e sia�n sei�er facilities[��ted within public streets aiael �SUUIic utility easu�n��a�� e�icatec� to the City. OuPside 2. 4. �f�uhli� streets and dedicated pttblic tittility easeme�its, the �ity sh�a11 anly be res��c�nsiYale for rt.xaintenaa�c�t�f�na�toles and c�utlet lixzes caurieczing m�nl�oles ta the rest of tlle City's storm se�ter syst�na. 11�Iaint�nanc�of catch ba.sins ar�d l�ads ' #.o mar�l�ol.�s located c�ut�side of public s�eet� and �e�iical�ci �ublic utilii�y , ��semexits�ha�l U� Ehe res��ansibilit��of tl�e i�adividuai�a�op��ty awwuex�r proper�y ' c�uf�ear's associ�t:i�n. Tl�►e I�evel�per shall t�e zes�c�nsiYrle fox �(){l%� c�f t�i�c�st c�f '�, ini�ial installation vf such st�rm scwex facilities. I � The De;t7eloper ag.rees tn �;��de t�xe Prope��ty �nd �:v install i�.e S�nprovetn�nt� in I accordance 1��it�and t�nder th�follo��vi�.,�coz�.ditians: ', 11, Tn �r�.d�the Pr�p�i-ty in accordance wiih t�e Graclin�I'lai�on�le��th the City. � � i B. To install th�Improve�en�s as designed by tkze City and in accordar�ce ��'it��Gity '� St�.nel�ds. ' C. To in.�tatl ea�la_i.tem nc�ted herein at the Dev�loper's sole cost and e�pcz�se. !� �I D. `I`o ;�ttend a �recr�nstruc�tion mc;c.t.ing r�it�a represc��#�tives af the Cif� an� to I� require �Che �tienciance of all cantractors a�r�cl suUcr�r�tcactazs, �rivr tc� ' �ozn�e�tcement��'ca�struction. ' E. The I3evelc�per v�i.11 n�rt b�:rry az�y pipa,instalt bitiunulaus surface or�our co�.crcte !, v�ilhoui th� sp�cxfic ap��r�va� €�� fihe Gity Inspector, �rior to �l�e ��ark bein� � ' �erF€�rtn�cl, such a��rr�val. not to be unz�easc�nably wwit�he�d, cvnclitivne� ox ' delag��d. ' �'. Constructioi� fix�� eart�n�r�vin�;actii�ities sl�all b�lututerl�Q t�1�h.�urs of 7:Op a.tn. ' to 7:04 �3.rr�, :t!Ic�nci�y 1:hra�u�h �riday. Wcekcxid consf,rt�c�ion houis s��11 be tisni�ed tc��he hau�r�a�8:Q0 �..�n. tc� 5:{l0 p.m.on Satu�day. Cc�n;�truotian sh�l1 not be pez�'orzxied ozi Su��ays c�r fec�eral h�litia�7s: T6.ere shall b� no devia�ic�n fr�m ' �he foregoing hc�t�'� of cons#ructiot� w��►ou� �riQx tivritt�r� a��raval bv the Cify Fz�gi:�e�r,whiG�,i Sueh appro�al sla��t1 nat be c�r�easona.bl�r�uithl�eld, ec�r�di�ioz�ed or c�ela�ted. - G. T� c�eliver anc� to�ecp zn e�istence �vith ll�� City a�ettcx vf credit a� cas�.escro� iz� tlie aia�r�t7nt rsf �eve�►t,y-t)nc Thnus�n�d �+'ive H€�ndred and Nol1U0 1)tr�l�r� ($71,�00.{�0} to secure ihe �er�'armar�ce .ancl �aay�rnent of tlie DevelQper's abl'z�atio�s under i:l�is Agreei��ent as ihey rel�:te ic� tY�e; inn:5t�s.11al;ion af the Improvv�nei�.ts, in a£vr�and witta tlae terms to th�rea��.r�ahl� ��tisfaction c�t"�h� City. ?lt tl�e tirn� c�f£'innl�:nspecti.�nn, if it i5 reasan�bly d.ete�7nined by the City t�at tla.a �l.ans and �pecitications w�.re not adhere�l ta ��tl�at wor�was doi�e�uithout City ins�eetion,the City n��,y requi:re t�zat��e 17e�e1t��er po�t� l�.t�er af crGelit or cash escravtY equ�l fici ai�e�undred twe�aty-fve perc�nt (12��'0)c�f the estiiz�ated amoui�i: reasc�rt�tbly nGCess� �:o co�eet t�ie �ef ci�i�cy �r ia pr�le�ti a��inst n-��:t�ri��1 3. 5. �#i�.��:i.��rc�" � �r��e�r�� :��i�a��1��>�a��€�}r��r� �� 1�t��"��r��l�r�� .�`tl��t E� m��l't �� , �� r�� it��`� �� 1� ��t� r�I�ct�c1 t� t�� " i��:��f �� pr��n�. � :�z�� :r�� i��.��;� �:�� . . � ��a�: fi��a �� '��, �� '._��'�� r��s��s.� i�s��ti�� °��3�.�1��t�� i��r�� ?��r�i�.�r�� "�`� � `�'1��r�� `�� s.� �� i��1�l�� 1�� .��s ��t�� 1 l��5��a�f��l�w��;�4 �j ��1� : ��1��a�i#��a��f'1"�°��'��s d ��v��I�� 1��-��,�� ii��it��`��. ��'w� ��ts�r��r��.� a��t� i�� ;,� � �#��r�i��t� tlt�1�� c��r�t �.�� r7� ��. ��t�, �� C��#� ��t� �� ° '�,,,°�� i�� .��r�t: f� th� _ �� _ �� t��l� ��. " '�aa� ��" t� ��`'� e� � t�d � � I��°� ��t� � �.i� ��c��t,�� .�t � t��a� ��r�� 1f��nt��c�� +��ta��►� tt� �� .� � . i�r�1�r�.� �� i� �� '� ° t�E �� s c�f��1��, ��1�� .�� a� �� a�.� �t��ta ��zi ��i�� a��' � T��r��a��. �� , ��t��i't�'t��s��.��s:�� 1�°��.�� tr�� °�l��r. 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'�""� iz �; "°' '." e' .'�°„7c . � �� a�,��ty� �r �' t�,`� ,�� ,�� ' � �°°�: ,�`'�'�� ?f � � * � :d :.,+. �.. �-�� , :� � � 5� �.. �d'�m" �'„� � � "��,�� ° ' �� .e�; `" `�� %�.'�. � �'"«�1�:ti'G��,�� .P�C"� ��fr�f'r ��,w .� �?�"a"w�a �*S.� f��M�;1R"�� ° r�� w a'`° ��a� $'�,-��` ��u � � ��ee,�-.�-�. �+W � „ ,. . � � � ��, �- � ` �� , .v pe� �� ' � �� ` � �$ � ��,�� -�r��t-a��' f 1� �e� �� .�" ' - ' � �� ref�,%�,' ��#Gt+�`�� :➢ �.�� , � �.+�� ,. ,.� � �� ,,� ,. � . 1 � -l�k`r+.r� ��..��';�'°. . .-� � . � i 1 �«.,.��;.,.w.� .. � �� ,.�� f?"a�:J.�t � .��'.:�:�,sCr�. �; EXHIBIT "C" TO DEVELOPMENT AGREEMENT DRAINAGE AND UTILITY EASEMENT THIS EASEMENT is made this day of , 2013, by IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company (the "Landowner"), in favor of the City of Apple Valley, a Minnesota municipal corporation(the "City"). The Landowner is the fee title holder of property legally described as follows: Lot l, Block 3, THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof, Dakota County, Minnesota (the "Property") The Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent nonexclusive easement for drainage and utility purposes over, under and across the property legally described as follows: The northerly 56 feet of Lot 1, Block 3, THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof,Dakota County, Minnesota and The easterly 30 feet of Lot l, Block 3, THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof, Dakota County, Minnesota,'lying south of tlre northerly 56 feet thereof. � (the "Easement Area"). See Exhibit "A"attached hereto and incorporated herein. The grant of the foregoing easement includes the right of the City, its contractors, agents and servants to enter upon the Easement Area at all reasonable times, to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains but not above-ground utility poles or wires; and the further right to remove trees, brush, undergrowth and other obstructions, all at the City's sole costs and expense. After completion of such construction, maintenance, repair or removal, the City shall restore the Easement Area to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. The Landowner covenants with the City that it is the fee owner of the Property and has �ood right to grant and convey the easement herein to the City. This easement and the covenants contained herein shall run with the Property and shall bind the Landowner and its successors and assigns. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. IMH Special Asset NT 175-AVN, LLC, an Arizona limited liability company STATE OF ) ) ss. COUNTY OF ) On this day of , 2013, 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 acknowledged said instrument to be the free act and deed of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS &BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 � (MDK: 66-32849) Easement No. 2. �,��fi5��.,�„� �, �tl� �ti r �'� �.E� �� , ,� � ' ; ��.��; ��a� .�° - � � �� r��:� �'+� ,��r�na _ � �� <��°►r�� +, � . w� � w � ��r�� ; �� "�� _ __ �� ., " �� r;� � � "�' �� " � �' � w r, . , � � r �� K � � � � ' �� ,� � ";,�� " � �� , . "� � �� , � �_,� �. _�a �� . � ,,.—, �� ..� . ,. �. �r� �, `a�w��° �� ,�,�� r�„ �. °�°��, �,� a � � ° -, . � ,,,� .. ��.�—�.�..,�_�.. �;,` �,M �i� � �,,��t��r � e� � " _ �� a `� y>� e � . �, '� � � � � �¢�� c � � �p � � s #�� ^� ' C3l,#t'L+f��" /{ «y�` #�� `� � �„ `h , ' �i•Y� �u" f i r �� `�° .• . i�� ' x,w,' �+', �� _'� �. . �� :,"`=�,'.. .�_�;.� � ' 9 " � �� "�� i � "" ° _� '� } , *. '�' �"�` � ""°�� . �� ,. � � . �� ,e� _ . �. _f a"",�"",a_ „* er.s �,�.r � � , „ �M � ^� x+ ^"��',�.�° ;n�a+ �,+�k: �� .. �� urn^'�� ' :«a.�-0.�'�.� -��°*�,: ,, , �� . � � "� �� „ � �� s.�" d� �'� � � � °� t� � � � �°'_ � � � � � � I�;�� `'°�y � � '..�'�� -�"T'a � ' _ � .. � �'� '� � � � .... ° . , � � .,,., � . . . . � pr. y .�.: ,,,� . - . or� � � •- . . - "' � �*- � - � � ,� �r�';�,�� ° � G.�t«a�t� �=x �" �, -a�,�""`' � � � � w t ��, _ a- ` � .. �R, �`#�.� ��'k!-�"`,�'" _ tl�F J' w� � �..,,:�:y.�s .r:,��ec dd. - . ; .�a�:k' �� . � ��'� y � -.� �a�" e:� . ��. . � � � E s=t��r. � p��i�rsrc� '�e;��SqM°� ;� � �� &Ct�.�)�* � � � � t � a �*�°� � •.�,a�� ,M �� A ,�.„��,.� .,°--= r � � - .....,. a�. � ��...��„,�.,� � d'B�S�4at�' �td P�s�:�ceu�',. tr�. �°�.i EXHIBIT "D" TO DEVELOPMENT AGREEMENT PLANS FOR LOT 1,BLOCK 1,PARKSIDE VILLAGE—GABELLA See attached plans: 1. Cover Sheet for Parkside Village- Gabella(Sheet A000) dated August 22,2012. 2. Garage Plan,Level 1 (Sheet A300) dated August 22, 2012. 3. Leve12, Leve13 plan (Sheet A320) dated August 22, 2012. 4. Level 4 plan (Sheet A340) dated August 22, 2012. 5. Unit Plans (Sheet A450) dated August 22, 2012. 6. Exterior Elevations (Sheet A500) dated August 22, 2012. 7. Exterior Elevations (Sheet A501) dated August 22, 2012. 8. Removals & Erosion Control Plan (Sheet C-1) dated October 5, 2012. 9. Site Plan/Preliminary Plat (Sheet C-2) dated October 5, 2012. 10. Grading and Erosion Control Plan (Sheet C-3) dated October 5, 2012. 11. Utility Plan (Sheet C-4) dated October 5, 2012. 12. Storm Water Pollution Prevention Plan (Sheet C-5) dated October 5, 2012. 13. Site Details (Sheet C-6) dated October 5, 2012. 14. 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The Agreement for Private Installation of Improvement��ted January 24, 2013, between ; the Developer and the City(the "Agreement") is hereby an��n�led�as follows: 1. The"Property" shall be defined as the plat of PARKSIDE VILLAGE—GABELLA. 2. The Agreement shall remain in full force a�d effect; ��cept as specifically amended herein. IN WITNESS WHEREOF, the parties have executed this Amend%nent effective as of the date first written above. IMH Special Asset NT 175-AVN, LLC, an Arizona�imited liability company By: Its: STATE C}F.�. �� ) '. � ss. COUNTY QF �� = � � On this day of ' , 2014, before me a Notary Public within and for said County, persa�i�lly appeared to me personally known, who being by me duly swQm,.did say that he/she is the of IMH Special Asset NT 175-AVN, LLC, an Ar��o�a l�ted liability company,named in the instrument, and - , , acknowledged said instrur�,en�°fio be the free act and deed of the limited liability company. Notary Public CITY OF APPLE VALLEY By: Mary Hamann-Roland � Its: Mayor By: Pamela J. Gackstetter Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 2014, 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 2. CITY OF APPLE VALLEY RESOLUTION NO. 2014 - A RESOLUTION REAUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR PARKSIDE VILLAGE GABELLA BUILDING AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Va11ey has adopted, as Chapter 155 of the City Code of Ordinances,zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance c�f a 1��ilding permit for commercial, industrial, and multiple residential uses require the specifie revie�?�nd approval of development plans by the Apple Valley Planning Commission an�l City Council; and WHEREAS, on January 24,2013,the �ity Council approved the a�r�ive referenced project as documented in Resolution 2013-22; and WHEREAS,building permit ap�t�rization expirecl c�n January 24, 2014. NOW, THEREFORE, BE IT RESOLVEU by the City Council of the City of Apple Valley, Dakota County, Minnesota,that the issuance�f a building permit for the Parkside Village Gabella building is her�by au#hQrized, subje�t to the follQwing condifions: 1. Approval of the Sit� Plan and Building Permit Authorization is subject to the approval an� public�fiion of zonin� �nendments to Planned Development No. ?39, Article A31 0�t�e City Code,'and execution the execution of a revised ; P��nn�d Developrrient Agreement with the City. 2. Approval oft�e Site Plan and Building Permit Authorization is subject to the approval of the;final plat and development agreement of Parkside Village �iabella and the f�ling of same at the Dakota County Recorder's Office. 3. If the Building Pe�riit is not paid for and issued within one (1)year of the date of approval�th�approval shall lapse. 4. The Building Permit sha11 be applicable to property identified as Lots 1,2 and 3, Block 2; Lot 1, Block 3;together with that part of vacated Fontana Trail lying between the easterly extensions of the north and south lines of Block 2 to the west line of Block 3, all in THE LEGACY OF APPLE VALLEY NORTH, according to the recorded plat thereof,Dakota County, Minnesota 5. Construction shall occur in conformance with the site plan received in City Offices on October 9, 2012, without encroachment into the drainage and utility easement of Galaxie Avenue, including parking lot paving and a non- surmountable 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. 8. Construction shall occur in conformance with the landscape plan received in City Offices on October 9, 2012, including sodded/seeded public boulevard area up to each street curbline; subject to the following: a. A landscape bid list that confirms that the landscape materials meet or exceed 2-1/2% of the value of the construction of the building based on Means Construction Data shall be submit�ed at the time of building permit application. Landscape materials ma�y iri�lude plant materials, underground irrigation systems, public art, �ountainsy decorative paving, and other outdoor common area elements that create an enhanced sense of place and fosters positive social inter�tions. b. The landscape plan sha11 �� revised to replace the haneylocust trees along Galaxie Avenue with a tree'that is better, suited to the limited size of the planting area to be reviewed and approved by the N�tural Resources Coordinator. c. The Natural Resources Co�rdinator shall:�pprove the final tree spacing. d. All�iantings counted tawards th� 2-1/2% laridscaping requirement shall be loeated outside of the City's rights-of-way. , 9. Construcriart shall o�cur in conformance with the elevation plan received in Ci�y Offices c�n Qct��"�r 9,20,12. : 14, Site grading shall occur in conforr��nce with a Natural Resources Management Plan(NRIVIP)which s�i�ll include final grading plan to be submitted for review and approval by t�e �ity Eng�nt�er; subject to the following: a. The prop�z�y owner shall submit a hauling and staging plan to be reviewed an�l approved by the City Engineer prior to issuance of the NRMP. b. The property owner sha11 submit 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. 11. A lighting plan shall be submitted at time of application of the building permit. 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. 12. 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. 13. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to Saturdays, 8:00 a.m. to 5:00 p.m. 14. Earthmoving activities shall not occur wh�n:�vind velocity exceeds thirty(30) miles per hour. Watering to control c�ust�hall occur a�needed and whenever directed by the Apple Valley Building CSfficial or Zor�ri�n�Administrator. 15. Issuance of a Building Permit anc�a final certificate of occu�ancy is contingent upon the project being constructed in conforma.�c�with a11 tlie p��ceding conditions as well as all applicable perfo�manc�sfandards of the=cu�'rent zoning regulations. In the e,uent that a certifteate of occupancy is requested prior to completion of aTl req,u��ed site imprc��ements, a suitable financial guarantee in the amount of,125°�a�f the estimated cost of the unfinished improvements shall be requi��d along�ith an agreem�nt authorizing the City or its agents to en�ker the prernises and catnpl�te the required improvements if they are n�t completed by a reas�nably stipulat��deadline, with the cost of such Cifiy completio�i to be charged�gainst the financial guarantee. 16. The ongoing us�and occupancy of the premises is predicated on the ongoing �r'aintez�ance oft�ie structure'and all required site improvements as listed in the , ' precediri�:�No alte�at�an, removal,�r change to tne preceding building plans or required�i��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 RESOL�ED by the City Council of the City of Apple that such issuance is subj ect to a finding of camplianee of the construction plans with the Minnesota State Building Code, as determined by the App1e Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this l Oh day of July, 2014. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk ► ... S. D. 2 .... u p�a-rE ..... :.: City of AI�VaIIey MEMO Finance Department TO: Mayor,City Council, and Tom Lawell, City Administrator FROM: Ron Hedberg,Finance Director DATE: July 7, 2014 SUBJECT: Update to dates in the IMH phasing documents. ITEM 5 (D) After the City Council packets were distributed we received suggested revisions from IMH's attorney clarifying a few of the dates for the phases of the project. For phase I the changes are related to the construction start date by Oct 15, 2014 and a completion date of March 31, 2016 with the minimum assessed values starting with 2017. For phase II the changes are the construction start date by Apri130,2017 and a completion date of December 31,2018 with the minimum assessed values starting with 2Q19. These dates were as included in the financial calculations and the TIF runs for the project but we not included in the earlier draft of the agreements. I have aitached just the pages that would be revised in the Amended and Revised Development Agreement. Zo�� (10) he construction of the Phase 2 Minimum Improvements shall commence no later than Apri130, d barring Unavoidable Delays, the Phase 2 Minimum Improvements will be substantially completed by December 31,�:' Zo ► 8 (11) Upon execution of this Agreement by the parties hereto, the Developer shall re�ord this Agreement with the office of the Dakota County Recorder or Registrar of Titles. 9 6327790v2 (A) At least 20% of the residential units in the Project must be occupied ar held for occupancy by persons whose incomes do not exceed 50% of the Counry 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 reguia�ions. (2) On or before each January 1 and July l, commencing on July 1, 2016 for the Phase 1 Minimum Improvements, the Developer or an agent of the Deveioper 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#he 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 certificatian 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 r�quest, a11 documenta.tion 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. 2p(`� (3) On or before each January 1 and July 1, commencing on July 1,.�8�-8''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, i£ 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 certificadon that the income. documentation is correct and accurate (and that the determination of qualifica.tion was made in campliance with Section 142(d) of the Internal Revenue Code). The Authority and the City may review, upon request, all documenta.tion supporting the Developer submissions and statements. In detezmining campliance 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 6327790v2 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 uniess 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. ts Section 4.3 Commencement and Co letion of Construction of the Phase 1 Minimum Improvements. The Developer shall cause co struction of the Phase 1 Minimum Improvements to be commenced on or before October 1, 2014, and, subject to Unavoidable Delays, the Developer shall substantially complete the Phase 1 Minimum Improvements on or before March 31, 2016. All work with respect to the Phase 1 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 1 Minimum Improvements as submitted by the Developer and approved by the City. The Developer agrees that it shall cause designated representa.tives of the City to be allowed to enter upon the Phase 1 Development Property during the construction of the Phase 1 Minimum Improvements to inspect such construction during normal working hours, on reasonable advance written notice of such inspection. Zo t 1 Section 4.4 Commencement and Com 1 'on of Construction of the Phase 2 Minimum Improvements. The Developer shall cause cons ction of the Phase 2 Minimum Improvements to be commenced on or before April 30, , and, subject to Unavoidable Delays, the Developer shall substanrially complete the Phase 2 Minimum Improvements on or before December 31 All work with respect to the Phase 2 Minimum Improvements to be '�Ql gj co sn�tructed o�ded by the Developer on the Phase 2 Development Property shali 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 sha11 cause designated representatives of the City to be allowecl 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 6327790v2 ARTICLE VI ASSESSMENT AGREEMENTS AND OTHER COVENANTS Section 6.1 Execution of Assessment A�reements. (1) Simultaneously with the execution of this Agreement, the Developer and the City sha11 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 ta�ces. Specifically, the Developer shall agree to a market value for the Phase 1 Development Property described therein and the Phase 1 Minimum Improvements which will result in a market value as of January 2, 2017 of not less than $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 sha11 not seek a reduction of such market value below the Assessor's Minimum Market Value in any year so long as the Phase 1 Assessment Agreement shall remai.n in effect. The Phase 1 Assessment Agreement shall remain in effect until December 31, 2042. The Phase 1 Assessment Agreement shall be certified by the Assessor for the County as provided in 1Vlinnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the Assessor that the Assessor's Minunum Market Value represents a reasonable estimate based upon the plans and specificarions for the Phase 1 Minimum Improvements to be constructed on the Phase l 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 sha11 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 thereo fl, 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 perinit for construction of the Phase 2 Minimum Improvements, the Deveioper 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 Assessar'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 taYes. 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, 2 of not less than $13,830,000 (such minimum market value at the time applicable is herei refened to as the "Assessor's Minimum Market Value"). Nothing in the Phase 2 Assessment greement shall limit the discretion of the Assessor to assign a market value to the property in xcess of such Assessor's Minimum Market Value nor prohibit the Developer from seeking thr gh the exercise of legal or adminisirative remedies a reduction in such market value for prope y tax purposes,provided however, that the 21 Zol� 6327790v2 EXHIBIT E-1 FORM OF PHASE 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 IlVIH 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 Iocated in the City (the "Development Property") which property is legally described on E�chibit A attached hereto and made a part hereof. WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will construct a 196 unit apa.rtment multifamily rental housing facility`(the "Project") on the Development Property in accordance with plans and specifica.tions approved by the City. WHEREAS, the City and Developer desire to establish a minimum market va.lue 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") havereviewed 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: 2,0 ! '7 1. As of January 2,,2��rand until the termination of this Agreement the minimum mazket value which shall be assessed for the Project shall be not less than$21,365,OQ0. 2. The minimum market value herein established shall be of no further force and effect and this Agreement sha1l 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,Miruzesota. 4. The Assessor has reviewed the plans and specifications for the improvements and the market value previousiy 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 terms of the A�-eement between the City and the Developer. E-1-1 6327790v2 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 Iieu of foreclosure or othenvise 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,?eA�'1'and subsequent assessments through the January 2, 2041 assessment. 2a!Qj 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 acknowledged before me this _ day of , 20 , bY , the of , a ,on behalf of the Notary Public E-1-5 6327790v2 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 a11 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 $13,830,400 as of January 2, 2�A�'�and subsequent assessments . through the January 2,2041 assessment. Zf.�19 � N 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 6327790v2 S . D 7/10/2014 � �� Apple Valley City Council Meeting July 10, 2014 � � ,� �,��,:.:� �au�'��, � � �� • Request for revised and reauthorized agreements to allow construction of Parkside Village Gabella multiple family building, consisting of 196 units, narth of Kelley Park. ��., ��. 1 7/10/2014 �� 1, Financia)Assistance Items(City Council and EDA Actionsj: ��.: Adopt the Resolution approving the revised Business Subsidy Agreement. ��. Adopt the Resolution approving the revised Development Assistance ' Agreement. 2, Land Use Items(City Council Only): �. Approve the amended Planned Development Agreement. a�, Adopt the Resolution Approving the Final Plat of Parkside Village Gabella and Development Agreement with conditions and authorizingthe City Clerk and Mayorto sign all required documents. �°, Adopt the Resolution Reauthorizing Site Plan/Building Permit Approval to construct the 196-unit Parkside Village Gabella building ', � ;.', with conditions as approved January 24,2013. *��,: _ � �� y ��'�j��t�� ' 'Saa�� ' -� s � �, � � � , ��:: � � � \�.: ��:� aE . ,_� � r; • ��:._ , . , if `�,.'^Y'�'/ ��''� E� � �i: . . .i� t =#" �,`m4 � �� \�'_ s � - . .. , �,r^ . .:. • ,�,. ., n r �� i.' �� .a�� v� �4 �� ' .,, ,.� � ��aa5 �?,t 1, •Aj`F �C�R.�'�1.� � ' � . �F9^ N �` "-w , � ,,.,-c .�§ m :; � . �� :�/ . ," /,,..,.. ,�;"� ` �; ��p . �'' 2 7/10/2014 � �� . �� , �. � G`� i � ..... . � f� .... , ; '� 1 ' � . ... I � . � � .. � _ ..�.. , =� ,�„ ,.� ��. � ti.,F ��.,�. �. a. � � �� .. � �.� 6ABELLAST I :w _. � � � " � ' Gabeila;Buiiding �` � r r , , , : „ W ; (Phas`e'Ij < _.. � �.� I:Q � s _ . _ �, i�-�-----�°�z � o. � " _ x , � ,w Y52ND T W . .� w,s, �, :. : � � g aT z j� _� � C ' �.14ELLEY � y�,,�•. ` - �.... . Z? . c9 PAfi1C�� Y � � FLOR4ST CIR E • mitU: � ti . �. :�,�.°r . �� .:. `� � `"FURFIN6 ST �'.�: .., d �d ��}�� t .�P�a�=�'. t � � ��' . � �.. � : �j �.. q\ . �� r� � Jt r�c � "`_ ��. � S r i � 153Rfl�T W '(� `��R��f� �`"^ �.. pE�tN .. �'." ' 'ys,�� -...�m�M� ...: �.,� ; ' �' ..-ppUa - - � " f' t . . s ; , '�-�. �— "l �f; . �%----°j� : a`! 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' ,�..c�>..w-,x:„ �4;��.. .,\�,,;�: �.., ..._ , . , v .�� .. _ .. _ �, ��, � rA`�,: �rv�„ A�'�/ . � . 1 �/'�. • � �'�„ a; .<i:,._.�' : , : : -�� ;, ..._., , ... , . _,.._.. .;,._. , � , �,__,..�- _.,_ . _ �.- :,.. � xs"e, ,:, __.?.... /�i, i ....,. ...,::� ' " .. .. ... . ..... `. . . �; � ;nr�'b!�� 4 7/10/2014 �� y;,�,��'� � �� `�� ' „ > � a o � .; .,;. � r;-� //��;�� k ��$ C � "�� ,�� i/i ��'� r �,,,..,',.. , : � �� ,,... � _ � � i � , ��v��_'� �� , .. �g��. i � '�� .,, � .. � Y.F�S; r�� ... .. .. . . .. . . . .... . . . . . . .. .. . .. . , � .��._�v'-:. .',. ��.: � � � 1.. Business Subsidy Agreement 2m Development Assistance Agreement � ;�� 5 7/10/2014 � j � , �� ' � �� ' � New development in Central Village East � Full repayment-Delinquent Taxes&Special Assessments � Collection of all future assessments � Acquire land for Kelley Park Expansion �,�a� ��; 6 7/10/2014 � � �� $35 M development � 322 units rental housing � 257 market rate housing � Rents • 1 bedroom $900 to$1,100 • 2 bedroom $1,280 to 1,455 • 3 bedroom $1,500 to 1,600 � 20%workforce housing • Rented to persons with incomes at 50%n of the area-wide median income(est$82,300) • Rents from$785 for one-bedroom to$945 for two-bedroom �� p, �a�; � � �"1 � �.� 1 ��1� `��1. � � � � $6.5M project costs of assistance � $5.35 M Pay as go TIF note-secured by property � $1.15 M up-front assistance • Financed by interfund loan • Repaid through TIF captured � $1.13 M penalties and interest on delq asmts rebated � $122,653 paid so far $ $99,447 in 2014 �. ,�ra��' 7 f 7/10/2014 � ' � �� TIF Housing District#15 created—Jan 2013 � Kelley Park land purchased � Parkside development agreements originally approved On May 8,204 EDA approved consideration of phasing approach ' �� ' �w� � � � � IMH requested Parkside project to be split into 2 phases � 15SGabella Building $ 2°a Galante Building -��p3' : Y3R8�1,:: V �/ZO/2o14 � � Phase I-Gabella � Begin Oct 2014 � Complete Mar 2016 � Min Value $21,365,000 � #units 196 � Phase II-Galante * Begin Apri12017 � Complete Dec 2018 $ Min Value $13,830,000 � #Units 126 � ; ;�wR�,, �� F�has�,i"� Ri�se il—'�� T+nt�t '�� t��i�;P��l �� _ � fa��t�el#� G�[ante'� � �; �� P�'�1� '�� min�mum uaiue $21,��s,oaa �Z�,s3o,oc�c� $�s,�.9s,000 ��,s�s,00c� ��rNi� �or r�ay�s �a �o� �or� �or �a� ' n��t� Payfc�TlF,;�lat�5 ;'' $2,684,000 2,666,000` $5,3�t7,t�t10 $5,350,OOQ Upfr�r�� is��nce $576,000 �5��,000- $Z,rsa,oaa ' �Z,�s�,000 r��over�d.�#r�sm.TI F Reven�es : ' � ',. '"��y�,,, �i 9 7/10/2014 �� At Gabella platting: CO1 remaining balance $1,090,994 Remaining Asmts paid off— $ 560,440 ° Park Dedication - $ 219,815 , � -�� : � � � �.Approve the amended Planned Development Agreement. �4Adopt the Resolution Approving the Final Plat of Parkside Village Gabella and Development Agreement with conditions and authorizing the City Clerk and Mayor to sign all required dacuments. �.Adopt the Resolution Reauthorizing Site Planf Building Permit Approval to construct the 196-unit Parkside Village Gabella building with � conditions as approved January 24, 2013. ��,�s;� I I 10 7/10/2014 �� t � Identifies two-phase project. � Updates legal descriptions. � No changes to previously approved zoning amendments or project conditions. �.� .,��, �� . �� . �� 1�� f '��' PARKSIDE VILLAGE GABELLA � :.; I - � � _.._._y I � �. .4 '_-1 . .. I . rv T—__ — � , -;„ �. , . �,�. ._._r- � .,�e.,. :. . ._.___'�`-- ��1. . _ ____- ..._.».. '� � w. , `I � _ �. , , i ` , -:.- I � BIOCK ."___ 1 � '. � 3�� A��i I : , ,, . � � . ,: � L� :� � : � . � _ _' • • I : � � _� I --... ; _ — I r—� I , I � . ;:� � ; � , . � x i � i � ,.. i . ��e .___...__._ __ _..... _._.___...._ . _ ._...__...._. _.__.,. - —:_�x:.•.�_.., _�,._.. A -_,_ ._..:_._.._W._�_�__.__. �.__. ..,._ __.._ _.. .. -�rv_.__.. ,��+ � aanaa.o�e nsao��s,m 11 7/10/2014 � � �.� �� . �. � � �� "� ,��✓�� _ �� r�y,z��:�� ,,.yi � � � ' �i i i,�,� K,n� ,��- ,,.:: � „, , , , ,. � ��<E ��ii;/; � ,, �� ,,.. „�,.,. - . �� ,� � : � ,,, % ,.� ,, '�, ��` '� � � ,,..��.. s�s.._:- ,...��:• : �� r�� ,; � GABELLA BUIIDING ��'��'��' ��3T �\ �� l��A��...�. � � � 1.. Financial Assistance Items(City Council and EDA Actions): <., Adopt the Resolution approving the revised Business Subsidy Agreement. �, Adopt the Resolution approving the revised Development Assistance Agreement. ?, Land Use Items(City Council Only): �;. Approve the amended Planned Development Agreement. �. Adopt the Resolution Approving the Final Plat of Parkside Village �� Gabella and Development Agreement with conditions and authorizing the City Clerk and Mayorto sign ail required documents. c. Adopt the Resolution Reauthorizing Site Plan/Building Permit Approval to construct the 196-unit Parkside Village Gabella building �. ; with conditions as approved January 24,2013. ;��° 12 7/10/2014 � � � ' °�: ", �p�' �g�'' 13 8. �.. .... ��.., ...# city of App�e Va��ey MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela Gackstetter, City Clerk DATE: July 7, 2014 SUBJECT: CALENDAR OF EVENTS Following are upcoming events for your calendars: Day/Date Time Location Event TuesJJuly 8 9:30 a.m. Orange Theory Ribbon Cutting Ceremony Fitness Wed./July 9 7:00 p.m. Municipal Center Traffic Safety Advisory Committee Thur./July 10 5:30 p.m. Municipal Center Informal City Council Meeting Thur./July 10 7:00 p.m. Municipal Center Regular City Council Meeting * Thur./July 10 7:00 p.m. Municipal Center EDA Meeting Fri./July 11 6:00-9:00 p.m. Kelley Park Music in Kelley Park Concert Series Tue./July 15 2:00 p.m. Municipal Center Cemetery Advisory Committee Wed./July 16 7:00 p.m. Municipal Center Planning Commission ThurJJuly 17 4:00 p.m. Central Maintenance Water Treatment Plant Tour Facility Fri./July 18 6:00-9:00 p.m. Kelley Park Music in Kelley Park Concert Series Thur./July 24 7:00 p.m. Municipal Center Regular City Council Meeting � FriJJuly 25 6:00-9:00 p.m. Kelley Park Music in Kelley Park Concert Series Sat./July 26 8:00 a.m.-Midnight Bogart's/Apple gen Kopp Memorial Ride Place Bowl Wed./July 30 5:30 p.m. Municipal Center Special Informal Parks & Recreation Advisory Committee Wed./July 30 7:00 p.m. Municipal Center Special Parks & Recreation Advisory Committee Each of the above-noted events 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. :sam R55CKR2 L�:,�100 CITY OF APr �LLEY 7/2, 15:1024 Council Check Register by GL t: Page- 1 Council Check Register and Summary 5/12/2014 - 7/4/2014 . Check# Date Amount Supplier/Expianation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3779 6/27/2014 101016 BROUGHTEN,CATHERINE L 53.02 MILEAGE TO VLLYWD-C BROUGHTEN 249124 20140620 1035.6277 MILEAGE/AUTOALLOWANCE > FfNANCE 9.74 MUNICIPALS-C BROUGHTEN 249125 20140612 1035.6275 SCHOOLS/CONFERENCES/EXP LOCALFINANCE 28.00 LOGIS USER GRP MTG-BROUGHTEN 249125 20140612 1035.6275 SCMOOLS/CONFERENCES/EXP LOGRL FiNANCE 35.28 GFOA CONF-BROUGHTEN 249125 20140612 1035.6275 SCHOOLS/CONFERENCE$/EXP LOGAL FINANCE 126.04 3780 6/27/2014 137874 HEDBERG,RON 42.00 GFOA CONF MPLS-HEDBERG 249126 20140521 1035.6275 SCHOOLS/CONFERENCES/EXP LOCAL FfNANCE 60.00 2014 MNGFOA DUES-HEDBERG 249127 2666 1035.6280 DUES&SUBSCRIPTIONS FINANCE 102.00 3781 7/3/2074 100101 ACE HARDWARE 9.98 UT�L-WIRE BRUSHES,HYDRANTS 00035231 249542 59281 5330.6217 SMALL TOOLS&EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 4.29 UTIL-DRILL BIT,HYDRANTS 00035231 249543 59288 5330.6211 SMALL TOOLS&EQUIPMENT 1NTR MAIN/HYDRANT/CURB STOP MNT 93.95 UTIL-SUPPLIES FOR WELL SITES 00035231 249544 59316 5320.6229 GENERAL SUPPLIES VVATER WEWBOOSTER STN MNT/RPR 68.88 UTIL-PLUGS,BULBS,NIPPLES 00035231 249545 59414 5320.6229 GENERAL SUPPLIES WATER WELL/BOOSTER STN MNT/RPR 9.48 UTIL-ROPE,SPARKPLUG 00035231 249546 59462 5380.6215 EQUIPMENT-PARTS SEWER LIFT STN REPAIR&MNTC 17.99 UTIL-ROPE CAMO COMBO 3 PACK 00035231 249547 59444 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 64.63 UTIL-BALL VALVE,ELBOW,MISC 00035231 249548 59391 5320.6229 GENERAL SUPPLIES WqTER WELL/BOOSTER STN MNT/RPR 10.98 UTIL-METAL VALVE,ORGANIZER 00035231 249549 59412 5385.6229 GENERAL SUPPLIES SEWER STORM INFRASTRUCTURE 23.88 UTIL-TUBE VINYL 00035231 249550 59569 5385.6229 GENERAL SUPPLIES SEWER STORM INFRASTRUCTURE 11.94 UTIL-SINGLE SIDED KEYS 00035231 249551 59585 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 7.99 UTIL-9V BATTERIES 00035231 249552 59676 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP MNT 11.00 UTIL-NUTS/BOLTS 00035231 249553 59604 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 1.80 UTIL-NUTS/BOLTS 00035231 249554 59634 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 32.29- UTIL-DISCOUNT 249555 5305.6333 GENERAL-CASH DISCOUNTS WqTER MGMT/REPORT/DATA ENTRY 17.99 AVCC-MISC SUPPLIES 00072472 249556 59319 ' 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER ��1- 00072472 249556 59319 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 53.51 AVCC-MISC SUPPLIES 00072474 249557 59549 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER .05- 00072474 249557 59549 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 10.68 POOL-PHONEADAPTER CORD 00074291 249558 59515 1930.6210 OFFICE SUPPLIES REDWOOD POOL .69- 00074291 249558 59515 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 8.15- AVCC-DISCOUNT 249559 1900.6333 GENERAL-CASH DISCOUNTS `AV COMMUNITY CENTER 2.58 STR-ELBOW 00035426 249560 59313 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE .26- STR-DISCOUNT 249561 593�3 163Q.6333 GENERAL-CASH DISCOUNTS STREET EQUIPMENT MAINTENANCE 5.79 POL-SCREWDRIVER 00074234 249562 59354 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FlELD OPERATIONS/PATROL 5.97 POL-SINGLE SIDED KEY 00073633 249563 59523 1210.6211 SMALL TOOLS&EQUIPMENT ROLICE FIELD OPERATIONS/PATROL 1.18- POL-DISCOUNT 249564 1210.6333 GENERAL-CASH DISCOUNTS POLICE FIELD OPERATIONS/PATROL 18.76 PK-ASSORTED NUTS/BOLTS,PVC FD0035340 249565 59321 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE L21- 00035340 249565 59321 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET R55CKR2 LOGIS100 GTY OF APPLE VALLEY ' 7/2/2014 15:10:24 Council Check Register by GL Page- 2 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3781 7/3/2014 70Q701 ACE HARDWARE Continued... 3.00 PK-NUTS/BOLTS TO RPR KELLEY X`00035340 249566 59345 1735.6229 GENERAL SUPPLIES PARK PLAY EQUIPMENT MAINTENANC 59.98 PK-CULTIVATOR 00035340 249567 59359 1715.6211 SMALL TOOLS&EQUIPMENT PARKATHLETIC FIELD MAINTENANC 5.87 POOL-MISC SUPPLY 00035340 249568 59464 1930.6229 GENERAL SUPPLIES FtEDVVOOD POOL .38- 00035340 249568 59464 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 34.71 SWIM-FIBERGLASS RPR KIT,LIQUI 00035340 249569 59442 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 2.23- 00035340 249569 59442 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 7.96 PK-CABLE CLAMPS 00035340 249570 59411 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 4.98 PK-HOSE WASHERS 00035340 249571 59367 1770.6229 GENERAL SUPPLIES PARK GENERAL MAINTENANCE 32.35 PK-VLV BALL,FP,BLK NIPPLE 00035340 249572 59545 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 19.71 SWIM-NUTS/BOLTS/VNASHERS 00035340 249573 59532 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 1.27- 00035340 249573 59532 1000.2330 ., DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 35.96 PK-STANLESS CABLE TIES 00035340 249574 59468 1755.6229 GENERAL SUPPLIES PARK MNTC REC PROGRAM SUPPORT 13.32 SWIM-FILTER 00035340 249575 59536 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER .86- 00035340 249575 59536 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 26.98 PK-CUTTER HOLE 00035340 249576' 59576 1720.6211 SMALL TOOLS&EQUIPMENT PARK GROUNDS MAINTENANCE 11.99 PK-SAW 00035340 249577 59601 1720.6211 SMALL TOOLS&EQUIPMENT PARK GROUNDS MAINTENANCE 31.43 PK-NIPPLE,ELBOW,CONNECTOR,I'�0035340 249578 59660 1720.6229 GENERAL SUPPUES PARK GROUNDS MAINTENANCE 1.40 PK-SELF TAPING SCREWS FOR D0�0035340 249579 59651 1720.6229 GENERAL SUPPLtES PARK GROUNDS MAINTENANCE 30.86- PK-DISCOUNT 249580 1710.6333 GENERAL-CASH DISCOUNTS PARK MAINTENANCE MANAGEMENT .59 249580 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 81.19 IA2-SQUEEGEE,WEED B GONE 00073246 249581 59390 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES .21- 00073246 249581 59390 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 47.02 IA2-SOLARSALT 00073248 249582 59435 , 5265.6229 GENERAL SUPPLIES ARENA2 BLDG MAINTENANCE-HAYES .12- 00073248 249582 59435 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 23.00 IA2-LOBBY BROOM,SINGLE SIDED 00073249 249583 59487 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES .06- 00073249 249583 59487 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 17.03 IA2-WIRE CUP BRUSH 00073247 249584 59401 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES .04- 00073247 249584 59401 5200.2330 DUE TO OTHER GOVERNMENT ARENA FllND BALANCE SHEET 29.07 IA2-THERM MERCFREE HEAT RND 00073250 249585 59610 5265.6229 GENERAL SUPPLIES P,RENA 2 BLDG MAINTENANCE-HAYES .OS- 00073250 249585 59610 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 7.18 IA2-DISTILLED WATER 00073250 249586 59610 5270.6229 GENERAL SUPPLIES ARENA 2 EQUIPMENT MAINT-HAYES .02- 00073250 249586 59610 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 34.96 IA2-PINE SOL,NUTS/BOLTS,WEED 00075201 249587 59665 5265.6229 GENERALSUPPLIES ARENA2 BLDG MAINTENANCE-HAYES .09- 00075201 249587 59665 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 23.89- IA2-DISCOUNT 249588 5265.6333 GENERAL-CASH DISCOUNTS ARENA2 BLDG MAINTENANCE-HAYES 8.49 FIRE-VELCRO TAPE 00035260 249589 59436 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 11.98 FIRE-RUST REMOVER,SPRAY PAW�0035260 249590 59404 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 49.99 FIRE-CARPET CLEANER REIVTAL,DH0035260 249591 59546 1340.6310 RENTAL EXPENSE FIRE BLDG&GROUNDS MNTC 23.98 FIRE-STAIN/SPOT REMOVER 00035260 249592 59546 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC R55CKR2 LvviS100 CITY OF APr ALLEY 7/2; 115:10:24 Council Check Register by GL Page- 3 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3787 7/3/2014 100101 ACE HARDWARE Continued... 20.00- FIRE-CARPET CLEANER RENTAL,DH0035260 249593 59574 1340.6310 RENTAL EXPENSE FIRE BLDG&GROUNDS MNTC 19.98 FIRE-POWER FUEL PRE MIX 00035260 249594 59636 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 4.99 FIRE-BULB 00035260 249595 59682 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 35.98 FIRE-NYLON ROPE,TUBE VINYL 00035260 249596 59696 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 20.85 FIRE-END BOLTS 00035260 249597 59708 1340.6229 GENERAL SUPPLIES FIRE BLDG'&GROUNDS MNTC 15.64- FIRE-DISCOUNT 249598 1300.6333 GENERAL-CASH DISCOUNTS FIRE MANAGEMENT 13.33 CH-MISC BATTERIES 00035176 249599 59392 1060.6215 EQUIPMENT-PARTS MUNICIPAL BLDG&GROUNDS MNTC .86 CH-USE TAXADJ 00035176 249600 59392 1000.2330 DUE TO OTHER GOVERNMENT GENERALFUND BALANCE SHEET .86- CH-USE TAXADJ 00035176 249601 59392 1060.6215 EQUIPMENT-PARTS MUNICIPAL BLDG&GROUNDS MNTC 1:25- CH-DISCOUNT 249602 59392 1060.6333 GENERAL-CASH DISCOUNTS MUNICIPAL BLDG 8 GROUNDS MNTC 27.77 GOLF-PAINT,GLUE STICK 00035379 249603 59553 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 1.79- 00035379 249603 59553 5100.2330 DUE TO OTHER GOVERNMENT GO�F FUND BALANCE SHEET 2.78- GOLF-DISCOUNT 249604 59553 5105.6333 GENERAL-CASH DISCOUNTS GOLF MANAGEMENT .18 249604 59553 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 20.58 PK-NUTS/BOLTS 00035176 249605 59356 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 2.06- PK-DISCOUNT 249606 59356 1710.6333 GENERAL-CASH DISCOUNTS PARK MAINTENANCE MANAGEMENT 1,072.38 3782 7/3/2014 100037 APPLE VALLEY COLLISION INC 97.20 POL-ALIGN 4 WHEELS SQD#16 249130 37671 1210.6265 REPAIRS-EQUIPMENT POLICE FIELD OPERATIONS/PATROL 97.20 3783 7/3/2014 700709 BAtTERIES PWS BULBS 223J2 UTIL-BATTERIES 00074751 249137 17314243 5325.6215 EQUIPMENT-PARTS WqTER TREATMENT FCLTY MNTC/RPR 223.72 3784 7/3/2014 100071 BOYER TRUCKS 42.68 STR-BELT-8 RIB#344 00035173 249138 859595X1 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 42.68 3785 713/2014 100072 BRAUN INTERTEC CORPORATION 31.00 WQ-MN ZOO WTR SAMPLE ANALYS1�047796 249648 1402214 , 5505.6235 CONSULTANT SERVICES STORM DRAIN UTILITY 31.00 3786 7/3/2014 101473 CBIZ BENEFITS 8.INSURANCE SERVICES INC 248.71 REBA INS FEE 6/26/14-6/26/15 00073743 249650 20140626 7205.6235 CONSULTANT SERVICES RISK MANAGEMENTS/INSURANCE 248.71 3787 7/3/2014 700319 CENTERPOINT ENERGY 81.33� FIRE STN 1 MAY 249158 55888184 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC R55CKR2 LOGIS100 ' CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 4 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3787 7/3/2D14 100319 CENTERPOINT ENERGY Continued... 47.29 FIRE STN 2 MAY 249159 55851539 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 39.67 FIRE STN 3 MAY 249160 55533657 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 550.20 IA2 MAY 00020.96 249161 55978928 5265.6256 UTILITIES-NATURAL GAS ARENA2 BLDG MAWTENANCE-HAYES 1.44- 00020.96 249161 55978928 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 16.02 WELL 1 MAY 249162 55887046 5320.6256 UTIUTIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 16.01 WELL 2 MAY 249163 55675664 5320.6256 UTILITIES-NATURAL GAS WATER WELUB008TER STN MNT/RPR 97.12 WELL4 MAY 249164 55851604 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 800.18 WELL 5 MAY 249165 55851562 5320.6256 UTILITIES-NATURAL GAS WATER WELVBOOSTER STN MNT/RPR 45.10 UTIL WTP MAY 249166 55877872 5325.6256 UTILITIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/RPR 16J1 460 REFLECTION RD MAY 249167 75761361 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 526.19 GOLF MAY 249168 96338967 5110.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING 70.08 CMF STRG BLDG 1 MAY 249169 56034416 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 53.41 CMF STRG BLDG 2 MAY 249170 55793483 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS 8 GROUNDS MNTC 32.75 CMF STRG BLDG 3 MAY 249171 56696487 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 52.77 SWIM BLDG MAY 249172 56284078 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 24.61 SWIM PARK MAY 249173 79512695 1940.6256 UTILITIES-NATURAL GAS AQUATIC SVNM CENTER 16.71 HAGEMEISTER PK MAY 249174 56100324 1730.6256 UTILITIES-NATURAL GAS PARK BUIIDING MAINTENANCE 44.54 VAL MID PK MAY 249175 55611420 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 12.59 DELANEY PARK MAY 249176 55372148 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 18.11 HUNTINGTON PK MAY 249177 56346620 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 19.48 GALAXIE PK MAY 249178 55848238 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 17.39 AV EAST PK MAY 249179 55851521 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 13.97 TEEN CENTER MAY 249180 56281637 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 477.05 AVCC MAY 00006.43 249181 55686299 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER .44- 00006.43 249181 55686299 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 118.86 HCSC MAY 00003.18 249182 79615332 1920.6256 UTILITIES-NATURAL GAS SENIOR CENTER .22- 00003.18 249182 79615332 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 4,096.49 SWIM UNIT D MAY 249183 78955218 1940.6256 UTILITIES-NATURA�GAS A�UATIC SWIM CENTER 1,157.58 REDWOOD MAY 249184 55612972 1930.6256 UTILITIES-NATURAL GAS REDWOOD POOL 45.10 UTIL SAN LIFT 2 GEN MAY 249185 91747147 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 134.50 OLDCH MAY 249186 55710289 2092.6256 UTILITIES-NATURAL GAS 14200 CEDAR AVE-OLD CITY HALL 55.75 LIQ 1 MAY 249187 56265598 5025.6256 UTILITIES-NATURAL GAS LIQUOR#1 OPERATIONS 20.82 LIQ 2 MAY 249188 55533673 5065.6256 UTILITIES-NATURAL GAS LIQUOR#2 OPERATIONS 8,716.28 3788 7/3/2014 100102 COLLEGE CITY BEVERAGE 422.00 GOLF-KITCHEN BEER 00008159 249349 12295 5120.6419 GOLF-BEER GOLF KITCHEN 352.00 BEER#1 00000114 249361 131349 5015.6530 BEER LIQUOR#1 STOCKPURCHASES 1,817.40 BEER#1 00000114 249362 434113 5015.6530 BEER LIQUOR#1 STOCKPURCHASES 18.55 TAX#1 00000114 249362 434113 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1$ PURCHASES R55CKR2 Lc:,rSloo CITYOFAP� �LLEY 7/2, 15:10:24 Council Check Register by GL Page- 5 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3788 7/3/2014 100102 COLLEGE CITY BEVERAGE Continued... 853.00 BEER#1 00000114 249363 131364 5015,6530 BEER LIQUOR#1 STOCK PURCHASES 12,292J5 BEER#1 00000114 249364 434141 5015.6530 $EER LfQUOR#1 STOCK PURCHASES 37.10 TAX#1 00000114 249364 434141 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 580.00- CMBEER#1 00000114 249365 434142 5015.6530 BEER LfQUOR#1 STOCK PURCHASES 153.00 BEER#1 00000114 249366 131377 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 9,620.40 BEER#1 A0000114 249367 434163 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 72.00 TAX#1 00000114 249367 434163 5015.6540 TAXABLE MISC FOR RESALE 'LIQUOR#1 STOCK PURCHASES 346.20- CMBEER#1 00000114 249368 434166 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 103.00 BEER#1 00000114 249369 12592 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 327.90 BEER#1 00000114 249370 12707 5015.6530 BEER 41L1UOR#1 STOCK PURCHASES 13,344.25 BEER#1 00000114 249371 434199 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 54.20 WINE#1 00000114 249371 434199 5015.6520 WINE 11QUOR#1 STOCK PURCHASES 3570 TAXtl1 00000114 249371 434199 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 153.00 BEER#2 00000114 249372 131370 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 7,109.65 BEER#2 00000114 249373 434150 5055.6530 BEER LIQUOR}F2 STOCK PURCHASES 17.15 TAX#2 00000114 249373 434150 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 4.00- CMVNNE#2 00000114 249373 434150 5055.6520 WINE LIQUQR#2 STOCK PURCHASES 3,379.55 BEER#2 00000114 249374 434177 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 37.10 TAX#2 00000114 249374 434177 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 30.00- CMBEER#2 00000114 249375 434178 5055.6530 BEER LIQUQR#2 STOCK PURCHASES 996.00 BEER#3 00000114 249376 434114 5085.6530 BEER . LIQUOR#3 STOCK PURCHASES 8,909.19 BEER#3 00000114 249377 131366 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 54.65 TAX#3 00000114 249377 131366 5085.6540 TAXABLE MISC FOR RESALE " LIQUOR#3 STOCK PURCHASES 43.15- CMBEER#3 00000114 249378 434144 5085:6530 BEER LIQUOR#3 STOCK PURCHASES 5,262.45 BEER#3 00000114 249379 131378 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 76.00- CMBEER#3 00000114 249380 t31379 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 88.60- CMBEER#3 00000114 249381 434167 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 327.90 BEER#3 00000114 249382 12700 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 64,581.94 3789 7/3/2014 100133 DAY DISTRIBUTING CO • 1,406.15 BEER#1 00000115 249383 756088 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 24.60 TAX#1 00000115 249383 756088 5015.6540 TAXABLE MISC FOR RESAIE LIQUOR#1 STOCK PURCHASES 119.00 BEER#1 00000115 249384 756321 5015.6530 BEER iIQUOR#1 STOCK PURCHASES 3,061.95 BEER#1 00000115 249385 757088 5015.653� BEER LIQUOR#1 STOCK PURCHASES 995.45 BEER#2 00000115 249386 756087 5055.6530 BEER LIf�UOR#2 STOCK PURCHASES 439.85 BEER#2 00000115 249387 757087 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,281.50 BEER#3 00000115 249388 756092 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,808.60 TAX#3 00000115 249389 757091 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 9,137.10 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 6 Council Check Register and Summary , 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unif 3789 7/3/2014 100133 DAY DISTRIBUTING CO Continued... 3790 7/3/2014 701365 ECM PUBLISHERS INC 45.00 LEGALAD-ORD966 249300 113438 1015.6239 PRINTING CITYCLERK/ELECTIONS 35.00 LEGALAD-ORD 967 249301 113439 1015.6239 PRINTING CITY CLERK/ELECTIONS 90.00 LEGALAD-ORD 968 249302 113440 1015.6239 PRINTING CITY CLERK/ELECTIONS 170.00 ' 3791 7/3/2014 101571 FARMERS MILL 8 ELEVATOR INC 3,183.75 PK-BULK FERTILIZER 00051626 249147 MF039100 1780.6213 FERTILIZER PARK HIGH SCHOOL#4 FIELDS 204.80- 00051626 249147 MF039100 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2,978.95 � 3792 7/3/2014 101328 GOVCONNECTION INC 207.82 VIDEO CARD,DUAL HEAD CABLE 00049058 249314 51455102 4002.6735 CAPITAL OUTLAY-OTHER IMPROVEME CAPITAL BUILDINGS 500.31 IA2-HP LASER JET PRO 00049058 249314 51455102 5265.6229 GENERAL SUPPLIES ARENA2 BLDG MAINTENANCE-HAYES 1.31- 00049058 249314 51455102 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 706.82 3793 7/3/2014 100217 GRAINGER 82.50 UTIL-PIPE NIPPLES 249352 9464846329 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 458.00 UTIL-SOLENOID VALVES 249353 9464587238 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 285.48 UTIL-FLOW SWITCH,PADDLE KIT, 249354 9464587220 5320.6215 EQUIPMENT-PARTS WATER WELL/BOOSTER STN MNT/RPR 916.00 UTIL-SOLENOID VALVES 249354 9464587220 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 251.90 UTIL-PIPE NIPPLES,COUPLING 249354 9464587220 5330.6229 GENERAL SUPPLIES WfR MAIN/HYDRANT/CURB STOP MNT 164A5- WQ-PSC BLOWER,CREDIT 249355 9459916018 5505.6215 EQUIPMENT-PARTS STORM DRAIN UTILITY 1,829.83 3794 7/3/2014 100491 GREATER TWIN CITIES UNITED WAY 109.00 UNITED WAY DEDUCTION 249412 701141023085 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 109.00 3795 7/3/2014 107022 HOSE CONVEYORS INC 53.11 GOLF-HOSE ASSEMBLY GM 523 00073940 249152 45579 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 3.42- 00073940 249152 45579 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 49.69 3796 7/3/2014 701696 LAW ENFORCEMENT LABOR SERV 1,530.00 POL UNION DUES#71 249402 7011410230811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,530.00 R55CKR2 C��iS100 CITYOFAPi ALLEY 7/2, 15:1024 Council Check Register by GL Page- 7 Council Check Register and Summary 5/12/2014 - 7/4/2014 Gheck# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3797 7/3/2014 100279 LAW ENFORCEMENT LABOR SERVIGES Continued... 405.00 SGT UNION DUES#243 249409 701141023082 9000.2120 ACCRUED BENEFIT LIABItITY PAYROLL CLEARING BAL SHEET 405.00 3798 7/3/2014 725996 MIDWEST MINI MELTS 760.75 SWIM-ICE CREAM 00047982 249343 16133 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 760.75 3799 7/3/2014 738249 MINNESOTA ENVIRONMENTAL FUND 60,50 MINNESOTA ENVIRONMENTAL FUND 249407 7011410230816 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 60.50 3800 7/3/2014 100348 MTI DISTRIBUTING CO 83.95 GOLF-FERRULES FOR FLAG STICK�0035360 249315 96432700 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 102.40 GOLF-EQUIPMENT SUPPLIES 00035360 249316 96335700 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 209.62 GOLF-EQUIPMENT SUPPLIES 00035360 249317 96087800 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 48.56 GOLF-EQUIPMENT SUPPLIES 00035360 249318 96336100 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 391.85 PK-ROTOR HEADS,T7 HEAD 00035349 249319 96084700 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 132.51 PK-CEMENT,PRIMER,FLAGS 00035349 249319 96084700 1780.6229 GENERAL SUPPLIES PARK HIGH SCHOOL#4 FIELDS 8.52- 00035349 249319 96084700 1000.2330 DUE TO OTHER GOVERNMENT ; GENERA�FUND BALANCE SHEET 139.47 GOLF-30 GAL GARBAGE CONTAINE�0035360 249320 95463600 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 52.44 PK-UPPER RADIATOR HOSE 00035349 249321 95597700 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 73.36 PK-HYDRO FILTER,FUEL FILTERS 00035349 249322 95322300 1765.6215 EQUIPMENT-PARTS RARK EQUIPMENT MAINTENANCE 102.96- PK-CREDIT,FUEL FILTERS 00035349 249323 95327900 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 1,122.68 3801 7/3I2014 120971 MTM RECOGNITION 521.01 HR-RECOGNITION GIFTS 1QTR 201�0073744 249661 5725381 1025.6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY 521.01 3802 7/3/2014 118834 OPEN YOUR HEART 152.50 OPEN YOUR HEART DEDUCTION 249403 7011410230812 90002120 ACCRUEDBENEFIT LIABILITY PAYROLL CLEARWG BAL SHEET 152.50 3803 7/3/2014 110957 O'REILLY AUTOMOTIVE INC 14.39 STR-HOSE CLAMP,FUSE 00048564 249356 3245107265 1630.6215 . EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 13.96 PK-WIPER BLADES 00048564 249356 3245107265 1765.6215 EQUIPMENT-PARTS PARK EQU�PMENT MAINTENANCE 44.98 POL-WIPER BLADES,PRIMARY WIRH0048564 249356 3245107265 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 1.47- SHOP-DISCOUNT 00048564 249356 3245107265 1530.6333 GENERAL-CASH DISCOUNTS FLEET&BUILDINGS-CMF 71.86 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 � Council Check Register by GL Pa9e- $ Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3804 7/3/2014 700385 PLUNKETT'S PEST CONTROL INC Continued... 200.37 HCSC-PEST CONTROL 4/21l14 00074085 249667 4166726 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER .37- 00074085 249667 4166726 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 12879 HCSC-PEST CONTROL 3/7/14 00074074 249668 415A380 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER .24- 00074074 249668 4154380 1000.2330 DUE TO OTNER GOVERNMENT GENERAL FUND BALANCE SHEET 328.55 3805 7/3/2014 741315 SPARTAN SALES GROUP LLC 128.25 AVCC-CLEANING SUPPLIES 00074299 249677 5010 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 8.13- AVCC-USE TAXADJUST 00074299 249677 5010 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 8.13 AVCC-USE TAXADJUST 00074299 249677 5010 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 128.25 3806 7/3/2014 101226 STREAMLINE DESIGN INC 406.50 REC-ADULT VBALL SHIRTS 249681 34362 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL 406.50 3807 7/3/2014 100457 STREICHERS INC 9,795.60 POL-AMMO 00051459 249682 11096958 1210.6229 GENERAL SUPPLIES POUCE FIELD OPERATIONS/PATROL 9,795.60 3808 7/3/2014 100566 TITLEIST 92.00 GOLF CLUB-BARAN 00072292 249346 2864829 5115.6414 GOLF-CLUBS GOLF PRO SHOP 1.84- GOLF DISCOUNT 00072292 249346 2864829 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 90.16 3809 7/3/2074 100478 TRANS ALARM INC 246.07 HCSC-PERMIT CHG PROC FEE 00074907 249420 PRMT090389 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 246.07 3810 7/3/2014 700486 TWIN CITY GARAGE DOOR CO 125.40 FIRE-ROUND REFLECTORS 249421 417120 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 125.40 3811 7/3/2014 100097 ULTIMATE SAFETY CONCEPTS INC 260.00 FfRE-MILLER PEERLESS HAND PUNUD035259 249422 155964 1330.6211 SMALI TOOLS&EQUIPMENT FIRE OPERATIONS 260.00 3812 7/3/2014 101723 USA BWE BOOK ' 127.30 UTIL-CASE OF BLUE MARKING PAIN00072650 249336 367761 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 246.75 UTIL-GREEN MARKING PAINT,FLAG00072650 249336 367761 5375.6229 GENERAL SUPP�IES SEWER MAINT�''4NCE AND REPAIR R55CKR2 Lc.-.,iS100 CITY OF APr. ALLEY 7/2. 15:1024 Council Check Register by GL Page- 9 � Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3812 7/3/2014 101123 USA BLUE BOOK Continued... 374.05 3813 7/3/2014 100496 VAN PAPER CO 3.07- DISCT#1 00008795 249618 315366 5025.6333 GENERAL-CASH DISCOUNTS LIQUOR#1 OPERATIONS 306.66 BAGS#1 00008795 249618 315366 5025.6229 GENERAL SUPPL�ES LIQUOR#1 OPERATIONS 303.59 - 3814 7/3/2014 100834 VERSATILE VEHICLES INC 506.59 GOLF-BEV CART LEASE-JULY 249427 609140013 5120.6310 RENTAL EXPENSE GOLF KITCHEN 506.59 3815 7/3/2014 100498 VIKING INDUSTRIAL CENTER, 449.50 UTIL-OXYGEN/GAS MONITOR REPL00035251 249428 3018746 5320.6229 GENERAL SUPPLIES WATER WELL/BOOSTER STN MNT/RPR 449.50 UTIL-OXYGEN/GAS MONITOR REPL00035251 249428 3018746 5380.6229 GENERAL SUPPLIES SEWER LIFT STN REPAIR&MNTC 899.00 � 257767 7/2/2014 144088 INDEED BREWING CO I 150.00 BEER#1 00051420 249358 20437 5015.6530 BEER LIQUOR#1 STOCK PURCHASES ', 223.00 BEER#2 00051420 249359 20232 5055.6530 BEER LIQUOR#2 STOCK PURCHASES � 326.00 BEER#3 00051420 2�9360 20375 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 699.00 i 257768 7/2/2014 101431 HEALTH FUND,THE � 107.50 HEALTH FUND DEDUCTION 249401 7011410230810 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARWG BAL SHEET I 107.50 257769 7/2/2074 107199 NCPERS MINNESOTA 784.00 PERA LIFE WSURANCE-JUNE 2014 249609 140701T 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 784.00 257770 7/2/2014 101055 BIRD,WICLIAM A I 11.20 HCSC-MILEAGE MAY BIRD 249392 20140521 1920.6277 MiLEAGE/AUTO ALLOWANCE SENIOR CENTER ', 11.20 I 257771 7!2/2014 140615 BLOMSTROM,TODD I 488.00 AWWAACE14 CONF BOSTON-BLOMSTR 249683 20140611 5305.6276 SCHOOLSlCONFERENCES/EXP OTHERWATER MGMT/REPORT/DATA ENTRY 488.00 I 257772 7/2/2014 738482 DROGSETH,JUSTIN 24.48 VERBAL DEFENSE&INFL-DROGSETH 249393 20140611 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POUCE TRAINING R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 10 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257772 7/2I2074 738482 DROGSETH,JUSTIN Continued... 24.48 257773 7/2/2014 100718 GRAWE,CHARLES H 106.40 LMC CONF ST CLOUD GRAWE 249394 20140619 1010.6276 SCHOOLS/CONFERENCES/EXP OTHERADMINISTRATION 106.40 257774 7/2/2074 101254 HAMANN-ROLAND,MARY 197.47 LMC CONF ST CLOUD HAMANN-ROLAN 249684 20140619 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL 197.47 257775 7/2/2014 702293 SKINNER,STEPHAN C 135.52 REC-MILEAGE MAY SKINNER 249395 20140530 1700.6277 MILEAGE/AUTOALLOW�4NCE PARK&RECREATION MANAGEMENT 135.52 257776 7/2/2014 145730 1 CLEAN CONSCIENCE 1,442.81 OLDCH-CLEANING SERVICES JUNE 249646 0 2092.6240 CLEANING SERVICE/GARBAGE 14200 CEDAR AVE-OLD CITY HALL 92.81- 249646 0 20902330 DUE TO OTHER GOVERNMENT 14200 CEDAR AVE-OLD CITY HALL 1,350.00 ' 257777 7@/2014 101588 1ST LINE LEWEES VENTURES LLC 513.92 SWIM-CONCESSIONS 00039184 249153 111699 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 239.88 SWIM-CONCESSIONS 00039184 249154 111544 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 373.80 SWIM-CONCESSIONS 00039184 249155 111583 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 680.24 SWIM-CONCESSIONS 00039184 249156 111594 1940.6540 . TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 637.85 SWIM-CONCESSIONS 00039184 249157 171469 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 2,445.69 257778 7/2/2014 100066 APPLE VALLEY EYE CARE CLINIC 112.20 SCBA EYE GLASS INSERT-BROWNING 249131 62390 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 112.20 257779 712/2014 100039 APPLE VALLEY PORD 293.91 POL VEHICLE LEASE-JULY 249294 1215.6310 RENTAL EXPENSE POLICE DETECTIVE UNIT 26.69 POL MARKER LTASSY-#09 00035168 249295 320432 7205.6399 OTHER CHARGES RISK MANAGEMENTS/INSURANCE 49.76 POL SHOCK-#16 00035168 249296 319909 1210.6215 EQUIPMENT-PARTS POUCE FIELD OPERATIONS/PATROL 338.24 POL FAN MOTOR,CONTROLLER-#Ol00351fi8 249297 318913 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 46.12 POL BLOWER MOTOR-#09 00035168 249298 318993 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 70.31 POL PWR SEAT SWITCH-#05 00035168 249299 3192771 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 825.03 R55CKR2 Lu.,�S100 CITY OF APF �LLEY 7!2 15:1024 Council Check Register by GL Page- 11 Council Check Register and Summary 5/12/2014 -- 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257780 7/2/2014 72707J APPLE VALLEY SENIORS ContMued... 430.00 CREDIT CARD REIMB-AV SENIORS 249418 20140610 1001.4359 REC SENIOR REVENUE-REIMB GENERAL FUND REVENUE 1,190.00 CREDIT CARD REIMB AV SENIORS 249611 20140701 1001.4359 REC SENIOR REVENUE-REIMB GENERAL FUND REVENUE 1,620.00 257781 7/2/2014 101382 AQUA LOGIC INC 88.20 POOL-GASKET FOR RDWD FILTER 00074137 249132 42273 1930.6215 EQUIPMENT-PARTS REDWOOD POOL 5.67- 00074137 249132 42273 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 82.53 257782 7/2/2074 100747 ARAMARK UNIFORM SERVICES 1NC 31.63 SHOP-UNIFORM RENT JUN 00046863 249310 6298016083 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 31.63 STR-UNIFORM RENT JUN 00046863 249310 6298016083 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 31.64 PK-UNIFORM RENT JUN 00046863 249310 6298016083 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 31.64 UTIL-UNIFORM RENT JUN 00046863 249310 6298016083 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 126.54 257783 7/2/2014 901318 AUTOMATIC SYSTEMS COMPANY 424.40 WQ-RPR COBB/PENNOCK SH STM 14DD40658 249133 277025 5505.6265 REPAIRS-EQUIPMENT STORM DRAIN UTILITY 392.90 WQ-RPR COBB STM LFT 6/3/14 00040658 249134 27728S 5505.6265 REPAIRS-EQUIPMENT STORM DRAIN UTILITY 1,521.95 WQ-TRANSDUCER REPL COBB STNDDB40658 249135 27733S 5505.6215 EQUIPMENT-PARTS SjORM DRAIN UTILITY 709.40 GEN PRE-ALARM SIGNAL LIFT#2 00040658 249136 27696S 5380.6265 20111085 REPAIRS-EQUIPMENT SEWER LIFT STN REPAIR&MNTC 3,048.65 257784 7/2/2014 100564 BANKERS EQUIPMENT SERVICE INC - 446.00 UB CHECK ENCODER MAINTENANCE 249647 CNIN015069 5303.6265 REPAIRS-EQUIPMENT UTILITY BILLING 446.00 25778b 7f2/2014 100054 BAUER BUILT INC 1,047.88 FIRE-TIRES,VALVE STEM 00035172 249348 180135157 1350.6216 VEHICLES-TIRES/BATTERIES FIRE VEHICLE MAINTENANCE 185.00 FIRE-SERVICE CALL,LABOR 00035172 249348 180135157 1350.6265 REPAIRS-EQUIPMENT FIRE VEHICLE MAINTENANCE 19.00 PV1tiTIRE DISPOSAL FEE 00035172 249348 180135157 1530.6240 CLEANING SERVICE/(',ARBAGE REMOVFLEET&BUILDINGS-CMF 1,251.88 257786 7/2/2014 109954 BERRY COFFEE COMPANY 285.25 CH-BEVERAGES FOR MEETINGS 00041013 249391 1180654 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 285.25 257787 7/2/2014 101153 BROCK WHITE COMPANY LLC 217.21 SWIM-SEAL PRIMER/CAULKING TO4@10048499 249649 1241801700 1940.6229 GENERAL SUPPLIES AQUATIGSWIM CENTER 217.21 RSSCKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 12 Council Check Register and Summary 5/12/2014 - 7(4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257787 7/2/2014 701153 BROCK WHITE COMPANY LLC Continued... 257788 7/2/2014 131562 BTR OF MINNESOTA,LLC 321.33 UTIL-SANDEN COMPRESSOR#402 249139 22685 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/RP 21.83 UTIL-SANSEN PAG OIL/ORING#402 249140 22688 5390.6215 EQUIPMENT-PARTS SWR EQUIPNEHtCLE MISC MNTC/RP 343.16 257789 7/2/2014 121014 BUCKEYE CLEANING CENTERS 568.79 SWIM-HAND SANITIZER/SOAP 249141 816678 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 36.59- 249141 816678 10002330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 400.89 POOL-FLR CLEANING CONC/FOAM(im.050039 249142 814895 1930.6229 GENERAL SUPPLIES REDWOOD POOL 25.79- 00050039 249142 814895 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1,211.24 SWIM-ES DISPENSORS/CONCENTR&D1�i0039 249143 814649 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 78.30- 00050039 249143 814649 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 496.35 AVCC-ES DISPENSORS/CONCENTR9U�'i0039 249144 814650 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER .46- 00050039 249144 814650 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2,542.13 ' 257790 7/2/2014 100997 CALLAWAY GOLF 24.00 GOLF GRIPS 00073794 249337 925253239 5115.6418 GOLF-PRO SHOP OTHER GOIF PRO SHOP 24.00 257791 7/2/2014 145936 CARROLLTON EST 50.00 REF OVPMT UTIL-14733 1/2 GUTHR 249396 20140630 5301.4997 WATER/SEWERACCT REFUNDS WATER 8 SEWER FUND REVENUE 50.00 , 257792 7/2/2014 100878 CHARTER COMMUNICATIONS 75.00 POOL WIFI SVC-JULY 00051513 249338 835230604053512 1930.6237 TELEPHONE/PAGERS REDWOOD POOL 0 75.00 257793 7/2/2014 710648 CITY OF MINNEAPOLIS RECENABLES 5,40 APS TRANSACTION FEES MAY 2014 249339 400413004996 1205:6249 OTHER CONTRACTUAL SERVICES POLICE RECORDS UNIT 5.40 267794 7/2/2014 131976 CLICGEAR USA 852.00 GOLF PUSH CARTS 249344 68818700 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP 852.00 257795 7/2/2074 140474 CORNER MARKING CO 18.00 REC-NAME PLATE B CHRISTIANSOM0087207 249651 74506 1700.6229 GENERAL SUPPUES PARK&RECR�'TION MANAGEMENT R55CKR2 Lc.,�S100 CITY OF APr iLLEY 7/2 '15:1024 Council Check Register by GL Page- 13 Councii Check Register and Summary 5/12/2014 - 7/4l2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Acwunt No Subledger Account Description Business Unit 257795 7/2/2074 740474 CORNER MARKING CO Continued... 18.00 257796 7/2/2014 144006 CROWN PARTY STORE ROSEMOUNT 58.32 GOLF-TABLE TOPS 00074605 249652 1653563 5120.6427 GOLF-RENTAL EQUIPMENT GOLF KITCHEN 58.32 257797 7/2/2014 100137 DELEGARD TOOL CO 182.11 PK-AIR RATCHET 00912960 249145 912960 1765.6211 SMALL TOOLS&EQUIPMENT PARK EQUIPMENT MAINTENANCE 182.11 257798 7/2/2014 107320 DISTRICT 796 COMMUNITY EDUCATION 127.50 SWIM-FACILITY USE STAFF TRANIN00074262 249146 13146114 1940.6310 RENTAL EXPENSE AQUATIC SWIM CENTER 127.50 257799 7/2/2014 100434 DOUGHERTY MOLENDA SOLFEST HILLS 8 BAUER 24,621.00 POL LEGAL SERVICE-JULY 249340 66112720714 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 12,700.00 GEN LEGAL SERVICE-JULY 249341 66112730714 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 14.10 CDATAX FORFEITURE 249514 142318 3262.6231 2009120G LEGAL SERVICES TIF DOWNTOWN REDEVELOPMENT 21.70 CUB FOODSADDN 249515 142317 4902.6231 2012159G LEGAL SERVICES PHYSICAL IMPROVEMENTS ESCROW 28.21 VERIZON ANTENNA LEASE-PALOMINO 249516 142331 1050.6231 20053014 LEGAL SERVICES LEGAL GENERAL SERVICES 28.21 JORGE&SUSAN ALLEN(LV1n 249517 142308 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 42.31 LIQUOR STORE#3 GENERAL 249518 142322 5095.6231 LEGAL SERVICES LIQUOR#3 OPERATIONS 42.31 AT&T ANTENNA LEASE-NORDIC PARK 249519 142310 1050.6231 20053028 LEGAL SERVICES LEGAL GENERAL SERVICES 43.39 CORTLAND 2ND 249520 142315 4502.6231 2013136G LEGAL SERVICES CONSTRUCTION PROJECTS 56.41 MVTA-PRIOR LK/SHAKOPEE MERGER 249521 142324 1050.6231 2009106G LEGAL SERVICES LEGAL GENERAL SERVICES 77.57 PD INVESTIGATION-P.M. 249522 142326 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 98.72 GROUNDWATER MONITORING WELL-MP 249523 142323 5505.6235 CONSULTANT SERVICES STORM DRAIN UTILITY 108.48 AUGUSTANACAMPUSEXPANSION 249524 �42311 4403.6231 LEGALSERVICES OS-393AUGUSTANAHCTHEXPANSN 183.35 RENTAL PROP COMP-RECHTZIGEL 243525 142320 1050.6231 2013149G LEGAL SERVICES LEGAL GENERAL SERVICES 197.44 APPEAL OF JURY CONVICTION-SRL 249526 142300 1055.6231 LEGAL SERVICES LEGAL PROSECUTING ATTORNEY 267.96 FISCHER 157ST STACQU�SITION 249527 142319 5552.6231 2012112G LEGAL SERVICES CONSTRUCTION PROJECTS 324.37 RENTAL PROP COMP-RECHTZIGEL 249528 142329 1050.6231 2013149G LEGAL SERVICES LEGAL GENERAL SERVICES 337.60 GENERALCRIMINAL 249529 142335 1055.6231 LEGALSERVICES LEGALPROSECUTINGATTORNEY 433.93 REMINGTON COVE/GALAXIE PARTNER 249530 142330 4502.6231 2014136G LEGAL SERVICES CONSTRUCTION PROJECTS 455.00 PARKSIDE VILLAGE(LEGACY N&T 249531 142325 4719.6231 2012150G LEGAL SERVICES LEGACY-IMH 520.38 MVTA-BUS LAYOVER 249532 142312 4502.6231 2014139G LEGAL SERVICES CONSTRUCTION PROJECTS ' 564.08 COBBLESTONE LK COMM-STH ADDN 249533 142313 4361.6235 CONSULTANT SERVICES 05316 COBBLESTONE COMMERCIAL 747.46 VERIZON ANTENNA LEASE-VALLEYWO 249534 142332 1050.6231 20053026 LEGAL SERVICES� LEGAL GENERAL SERVICES 761.57 HOLYOKE DRAINAGE IMPROV 249535 142327 5305.6235 2012149D CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 930.81 AT&T ANTENNA LEASE-QUARRY DONN 249536 142309 1050.6231 , 2005 LEGAL SERVICES LEGAL GENERAL SERVICES R55CKRZ LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 14 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257799 7/2@014 100434 DOUGHERTY MOLENDA SOLFEST HILLS&BAUER Continued... 1,300.00 CORTLAND 3RDADDN 249537 142316 4502.6231 2014112G LEGAL SERVICES CONSTRUCT�ON PROJECTS 1,518.10 CODE VIOLATION-MISC 249538 142314 1050.6231 LEGAL SERVICES LEGAL GENERAL SERVICES 3,852.53 157TH STAQUIS AT QUARRY PONDS 249539 142307 5552.6231 2013149G LEGAL SERVICES CONSTRUCTION PROJECTS 3,900.00 HUNTER FORREST 249540 142321 4502.6231 2013158G LEGAL SERVICES CONSTRUCTION PROJECTS 9,784.55 QUARRY PONDS-ARCON LAND II 249541 142328 4502.6231 2013149G LEGAL SERVICES CONSTRUCTION PROJECTS 63,961.54 257800 7/2/2014 103235 ELSMORE AQUATIC ' 871.15 POOL-LIFEGUARD BATHING SUITS 249653 95933 1930.6281 UN�FORM/CLOTHINGALLOWANCE REDWOOD POOL 1,600.85 SWIM-LIFEGUARD BATHING SUITS 249654 96150 1940.6281 UNIFORM/CLOTHING ALLOWANCE AQUATIC SWIM CENTER 2,472.00 257801 7/2/2014 145945 ERICKSON,DIANE 139.00 PLBG RPR DUE TO BALL FLD CONST 249655 20140702 1700.6249 OTHER CONTRACTUAL SERVICES PARK&RECREATION MANAGEMENT 139.00 257802 7/2/2014 144557 EXECUTIVE OUTDOOR SERVICES LLC 6,903.01 PK MOWING&TRIMMING-JUNE 249311 420 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 1,233.33 F�RE MOWINGlfR�MMING-JUNE 249311 420 1340.6249 OTHER CONTRACTUAL SERVICES F�RE BLDG&GROUNDS MNTC 310.83 LIQ2 MOWING/TRIMMING-JUNE 249311 420 5065.6249 OTHER CONTRACTUAL SERVICES LIQUOR#2 OPERATIONS 310.83 LIQ3 MOWING/TRIMMING-JUNE 249311 420 5095.6249 OTHER CONTRACTUAL SERVICES LIQUOR#3 OPERATIONS 1,000.00 CEM MOWING/TRIMMING-JUNE 249311 420 5605.6249 OTHER CONTRACTUAL SERVICES CEMETERY 9,758.00 257803 712/2014 100420 FISCHER MINING,LLC 209.05 GOLF CONCRETE SAND 00035395 249148 10863 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 13.45- 00035395 249148 10863 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 195.60 257804 7/2/2014 700180 FOOTJOY 67.50 GOLF SHOES-ANDERSON 00072293 249312 5665050 5115.6416 GOLF-SHOES GOLF PRO SHOP 1.35- GOLF DISCOUNT 00072293 249312 5665050 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 57.60 GOLF SHOES-ANDERSON 00072294 249313 5647594 5115.fi416 GOLF-SHOES GOLF PRO SHOP 9.64 GOLF FREIGHT 00072294 249313 5647594 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 4.62- GOLF SALES TAXADJUST 00072294 249313 5647594 5115.6416 GOLF-SHOES GOLF PRO SHOP 4.62 GOLF SALES TAX ADJUST 00072294 249313 5647594 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 133.39 257805 712/2014 700548 FORKLIFTS OF MINNESOTA,INC 52.46 STR-HEADLIGHTASSY#328 249149 1P3870610 1630.6215 EQUIPMENT-PARTS STREETEQU' 'NTMAINTENANCE R55CKR2 L�.,,�100 CITY OF APt .LLEY 7/2, r15:10:24 ' Council Check Register by GL Page- 15 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257805 7/2/2074 100548 FORKLIFTS OF MINNESOTA,INC Continued... 52.46 257806 7/2/2014 129789 GENERAL SECURITY SERVICES CORP 13.85 PK RDWD AI.ARM-JUNE 00074294 249342 307048 1730.6249 OTHER CONTRACTUAL SERVICES PARK BUILDING MAINTENANCE .89- 00074294 249342 307048 1D00.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 12.96 257807 7/2/2014 100995 GENUINE PARTS CO-MINNEAPOLIS 152.88 GOLF-STARTER 00035390 249350 541665 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 9.83- 00035390 249350 541665 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 89.65 GOLF-RAGS 00035390 249351 540772 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 5.77- 00035390 249351 540772 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 226.93 257808 7/2/2014 100891 HANCO CORPORATION 99.11 STR-RIB DEESTONE TIRES 249656 727649 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 99.11 257809 7/2/2014 101023 HEDBERG AGGREGATES 241.62 PK-FIBER BLANKETS 00071673 249613 367543 1780.6229 GENERAL SUPPLIES PARK HIGH SCHOOL#4 FIELDS 4.83- PK-DISCOUNT 00071673 249613 367543 1780.6333 GENERAL-CASH DISCOUNTS PARK HIGH SCHOOL#4 FIELDS 236.79 257810 7/2/2014 127078 HELENA CHEMICAL COMPANY 1,500.53 GOLF-FERTILIZER WITH TRIMEC 00050087 249150 134724341 5150.6213 FERTILIZER GOLF COURSE MAINTENANCE 96.53- 00050087 249150 134724341 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 1,500,53 GOLF-FERTILIZER WITH TRIMEC 00050087 249151 134724342 5150.6213 FERTILIZER GOLF COURSE MAINTENANCE 96.53- 00050087 249151 134724342 5100.2330 DUE TO OTHER GOVERNMENT' GOLF FUND BALANCE SHEET 2,808.00 257871 7/2/2014 145154 HOFFMAN REFRIGERATION&HEATING LTD 24.42 AV045872-831 REC,ENT DR-REFUND 249398 AV045872 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 5.00 AV045872-831 REGENT DR-REFUND 249398 AV045872 1001.4072 STATE SURTAX COLIECTED GENERAL FUND REVENUE 29.42 257872 7/2l2074 745921 INFORMATION POLICYANALYSIS 175.00 GOV PERSONNEL DATA WKSHP-HPQt�73745 249189 213359 1Q20.6275 SCHOOLS/CONFERENCES/EXP LOCAL HUMAN RESOURCES 175.00 257813 7/2/2014 100939 JIRIK SOD FARMS INC R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:1024 Council Check Register by GL Page- 16 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257813 7/212014 100939 JIRIK SOD FARMS INC � Continued... 13.80 STR-SOD 00043959 249657 30978 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 13.80 257814 7/2/2014 100254 JOHN HENRY FOSTER MINNESOTA INC 233.31 WTP GENERATOR AIR COMP PARTS 249283 1012072100 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 233.31 257815 7/2/2014 102937 JRK SEED 8 TURP SUPPLY INC 870.34 PK-GLYSTAR PRO 00049835 248899 118834 1720.6214 CHEMICALS PARK GROUNDS MAINTENANCE 1,263.63 PK-INFIELD CHALK 00049835 248899 118834 1715.6229 GENERAL SUPPLIES PARKATHLETIC FIELD MAINTENANC 137.27- 00049835 248899 118834 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 161.45 PK-STRAW BLANKETS/STAPLES FOB.0049635 248975 118664 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 1,471.67 PK-RAPID DRY 00049835 249284 119514 1715.6229 GENERAL SUPPLIES PARKATHLETIC FIELD MAINTENANC 94.67- 00049835 249284 119514 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 3,535.15 257876 7/2/2014 143535 KIDCREATE STUDIO 60.00 REC-YOU ARE MY SUNSHINE WKSFQ0074803 249285 4072 1875.6249 OTHER CONTRACTUAL SERVICES REC PRESCHOOL PROGRAMS 60.00 257817 7/2/2014 145922 KLAUSER,TIM 140.00 CABLE-VIDEO EDITING TRAINiNG 249286 1401 2012.6235 CONSULTANT SERVICES CABLE N JO�NT POWERS 140.00 257818 7/2/2014 120997 KRAEMER MINING&MATERIALS INC 1,263.80 GOLF-ROCKS 00035387 249287 236636 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 81.30- 00035387 249287 236636 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 1,182.50 257819 T/2/2014 732646 KWIK KOPY BUSINESS CENTER 55.00 BUSINESS CARDS-B CHRISTIANS0100074507 249614 15737, 1700.6239 PRINTING PARK&RECREATION MANAGEMENT 170.74 UTIL-STM SWR UTIL MAP BOOKS 249615 15703 5305.6239 PRINTING WATER MGMT/REPORT/DATA ENTRY 225.74 257820 7/2/2014 100659 LAVERNES PUMPING SERVICE 1,625:00 PUMP HO�DING TANK@QUARRY P�D60732 249288 13372 1945.6249 OTHER CONTRACTUAL SERVICES QUARRY POINTE 1,625.00 257827 7/2/2014 138342 MANSFIELD OIL COMPANY 726.16 UTIL-DIESEL FUEL FOR LF1 GEN 2 00050328 249658 681344 5350.6212 MOTOR FUELS/OILS SEWER LIFT`' '�EPAIR&MNTC R55CKR2 LuvIS100 CITYOFAR _:ALLEY 7l2, 15:1024 Council Check Register by G� Page- 17 Council Check Register and Summary 5/12/2014 — 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No inv No Account No Suhledger Account Description Business Unit 257821 7/2/2074 138342 MANSFIELD OIL COMPANY Continued..., 8,819.73 UNLEADED FUEL 00050328 249659 690528 1000.1520 INVENTORY-UNLEADED FUEL GENERAL FUND BALANCE SHEET 9,606.42 UNLEADED FUEL 00050328 249660 693136 1000.1520 INVENTORY-UNLEADED FUEL GENERAL FUND BALANCE SHEET 19,152.31 257822 7/2/2074 120549 MAXFIELD,MARK 1,371.20 GOLF-GROUP LESSONS 00043951 249289 20141 5115.6428 GOLF LESSONS GOLF PRO SHOP 1,371.20 257823 7/2/2014 102817 MECA 45.00 EROSIONS CONTR SEMINAR-FREIBER 249685 20140702 5505.6275 SCHOOLS/CONFERENCES/EXP LOCAL STORM DRAIN UTILITY 45.00 ' 257824 7!2/2014 147669 MIDWEST ELECTRICAL TECHNOLOGIES,INC. 4,425.26 ELECTRICAL INSPECTION FEES 249616 20140702 1445.6243 ELECTRICAL PERMIT FEES INSPECTIONS ELECTRICAL 4,425.26 257825 7/2/2074 100597 MN CITY COUNTY MGMTASSOC 127.46 ADM-ANNUAL MEMB DUES GRAWE 249417 20140702 1010.6280 DUES&SUBSCRIPTIONS ADMINISTRATION 127.46 257826 7/2/2014 120496 NATURE CALLS INC 3,253.00 PK CHEMICAL TOILETS-MAY 00051601 249324 20787 1770.6310 RENTAL EXPENSE PARK GENERAL MAINTENANCE 78.50 PK CHEMICAL TOILETS-MAY 0005160� 249324 20787 1780.6310 RENTAL EXPENSE PARK HIGH SCHOOL#4 FIELDS 314.00 GOLF CHEMICAL TOILET-MAY 00051601 249324 20787 5150.6310 RENTAL EXPENSE GOLF COURSE MAINTENANCE 215.00 REC SOFTBALLTOURNAMENT 00051601 249325 20788 1820.6310 RENTAL EXPENSE REC CULTURAL PROGRAMS 3,860.50 257827 7/2/2014 141041 NORTHERN TECHNOLOGIES INC 1,220.00 GEOTECHNICAL FIELD SVC FOR WTP 249662 11920 5360.6235 2012108W CONSULTANT SERVICES CONSTRUCTION PROJECTS 1,220.00 257828 7/2/2014 122005 NORTHLAND CHEMICAL CO 140.17 SWIM-FLOOR FINISH 00046963 249290 5054346 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 9.02- 00046963 249290 5054346 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 131.15 257829 7/2/2014 116683 NORTHLAND SECURITIES 2,080.00 LEGACY(PARKSIDE)TIF ANALYSIS 249663 3668 4719.6235 CONSULTRNT SERVICES LEGACY-IMH 2,080.00 R55CKR2 LOGIS100 GTY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 18 Council Check Register and Summary 5/12/2014 — 7/4/2014 Check# Date Amount Supplier!Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257830 7/2/2074 137687 NUSS TRUCK&EQUIPMENT Continued... 1,310.00 STR-REPAIRS ON UNIT#305 249664 721276 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 460.00- CONTROL UNIT CORE CREDIT#305 249665 7060986P 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 850.00 257831 7/2/2074 122592 ON EAGLES WINGS CHARTERS INC 570.00 HCSC-BUS-PLYMOUTH PLAYHOUSE 3/ 249291 14103 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 570.00 257832 7/2/2014 145944 OWEN,KATHY 108.00 PLYMOUTH PLAYHOUSE TRIP REFUND 249612 20140630 1001.4355 RECREATION USER FEES GENERAL FUND REVENUE 108.00 257833 7/2/2014 722930 PACE ANALYTICAL SERVICES INC 179.80 LONG LK WATER SAMPLEANALYSI�0051389 249666 14100064973 5505.6235 CONSULTANT SERVICES STORM DRAIN UTILITY 179.80 257834 7/2/2014 132945 PEARSON BROS INC 6,600.00 2014 STR MAINT SVCS 249686 201411501 1340.6266 2014115R REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 75,797.22 2014 STR MAINT SVCS 249686 201411501 2027.6810 2014115R CONSTRUCTION IN PROGRESS ROAD ESCROW 82,397.22 257835 7/2l2074 702545 PETCO 612 69.13 POL-DOG BRUSH/DOG TREATS 00073632 249292 20140611 1281.6229 GENERAL SUPPLIES POLICE K-9 4.60- POL-USE TAXADJUST 00073632 249292 20140611 1281.6229 GENERAL SUPPLIES POLICE K-9 4.60 POL-USE TAXADJUST 00073632 249292 20140611 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SNEET 69.13 257836 7/2/2014 700316 POWER PLAN 92.70 STR-4 RIB BELT#345 249293 P03542 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE Supplier 101708 RDO EQl11PMENT CO 92.70 257837 7/2/2074 143336 PREMIER LOCATING INC 680.00 ELECTRIC LOCATES 6/2-6/13/14 00051167 249669 36631 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 145.50 ELECTRIC LOCATES 6/4-6/5114 00051167 249670 36632 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 825.50 257838 7/2I2014 100918 RES SPECIALTY PYROTECHNICS 20,000.00 REC FIREWORKS 249345 20140523 1700.6399 OTHER CHARGES PARK&RECREATION MANAGEMENT 20,000.00 R55CKR2 Lc,viS100 CITY OF AP� ALLEY 7/2. 15:10:24 Councii Check Register by GL Page- 19 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257838 7/2/2014 100918 RES SPECIALTY PYROTECHNICS Continued... 257839 7/2/2014 100406 ROAD MACHINERY&SUPPLIES CO 204.55 STR-RPR HYD CYLINDER UNDER BEL 249671 W02886 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 204.55 257840 7/2/2014 100410 ROSEMOUNT SAW 8 TOOL 94.45 PK-RPR OVER SEEDER 00071672 249672 181160 1765.6265 REPA�RS-EQUIPMENT PARK EQUIPMENT MAINTENANCE 94.45 257847 7/2l2014 132465 SAM'S CWB DIRECT 84.12 REC SNACKS,INK FOR FLYERS 00074476 249619 6242 1840.6229 GENERAL SUPPLIES REC 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BALANCE SHEET 30.48 REC SUPPLIES FOR TC GARDEN 00074488 249629 2495 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS 2.03- REC USE TAX ADJUST 00074488 249629 2495 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS 2.03 REC USE TAX ADJUST 00074488 249629 2495 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 135.64 GOLF PAPER TOWELS,GARBAGE B@(4849151 249630 3201 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 2.63- GOLF USE TAXADJUST 00049151 249630 3201 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 2.63 GOLF USE TAXADJUST 00049151 249630 3201 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 59.30 GOLF KITCHEN FOOD 00049151 249630 3201 5120.6420 GOLF-FOOD GOLF KITCHEN 34A2 GOLF POP 00049151 249630 3201 5120.6421 GOLF-NON ALCOHOL�C BEVERAGES GOLF KITCHEN R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 20 Council Check Register and Summary 5/12l2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger 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CENTER 381.24 SWIM-RESALE 00040384 249328 406170571 1940.6540 TAXABLE MISC FOR RESALE AQIJATIC SWIM CENTER 621.67 SWIM-RESALE 00040384 249329 406131435 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER. 800.74 SWIM-RESALE 00040384 249330 406060870 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER .13 SWIM-USE TAX ADJ 00040384 249330 406060870 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .13- SWIM-USE TAX ADJ 00040384 249330 406060870 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 373.07- SWIM-RESALE,CREDIT 00040384 249331 406250618 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 343.12- SWIM-RESALE,CREDIT 00040384 249332 406250616 1940.6240 CLEANING SERV�CE/GARBAGE REMOVAQUATIC SWiM CENTER 588.55 GOLF-KITCHEN SUPPLIES 00027785 249333 405280397 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 1.38 GOLF-USE TAX ADJ 00027785 249333 405280397 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 1.38- GOLF-USE TAXADJ 00027785 249333 405280397 5120.6422 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5120.6420 GOLF-FOOD GOLF KITCHEN 4,155.47 257849 7/2/2074 142745 TARGET BANK 24.49 POL SNACKS 00074168 249303 6430734134 1200.6229 • GENERAL SUPPLIES POUCE MANAGEMENT .69- 00074168 249303 6430734134 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 22.62 POL SNACKS 00074652 249304 6431248688 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 14.22 POL TIRE SPRAY,WIPES 00074236 249305 6431229288 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 33.46 SWIM RADIO,ST�CKERS 00073106 249306 6430972167 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 2.15- 00073106 249306 6430972167 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 31.09 POL SNACKS 00074175 249307 6430736541 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT .87- 00074175 249307 6430736541 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 13.46 SWIM LOTION,MARKERS,POSTER 000�3109 249308 6430796105 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER .87- 00073109 249308 6430796105 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 19.06 SWIM SCISSORS,DESK CALENDAR00073110 249309 6430921153 1940.6210 OFFICE SUPPLIES AQUATIC SWIM CENTER 1.23- 00073110 249309 6430921153 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 152.59 257850 7/2/2014 145939 TERRACAST PRODUCTS/CLASSIC LAMP POSTS 20,003.60 CALIFORNIAN PLANTERS 00051503 249419 1922 4702.6235 2010108G CONSULTANT SERVICES CEDAR AVENUE 20,003.60 257851 7/2/2074 100475 TOTAL TOOL 135.96 PK-BY PASS PRUNER 00051632 249357 1956359 1720.6211 SMALL TOOLS&EQUIPMENT PARK GROUNDS MAINTENANCE 1.36- PK-DISCOUNT 00051632 249357 1956359 1720.6333 GENERAL-CASH DISCOUNTS PARK GROUNDS MAINTENANCE 134.60 257852 7/2I2014 145938 TPF INDUSTRIES 94.05 AV045596-13567 EVERTON AVE-REF 249399 AV0045596 1001.4060 PERMIT-BUILDING PERM�T GENERAL FUND REVENUE 5.00 AV045596-13567 EVERTON AVE-REF 249399 AV0045596 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 99.05 257853 7/2/2014 100489 UNIFORMS UNLIMITED 149.98 POL-UNIFORM FOR J GERVING 00074180 249423 207642 1200.6281 UNIFORM/CLOTHING ALLOWANCE POLICE MANAGEMENT 149.98 257854 7I2/2014 143337 US FOODS CULINARY EQUIPMENT&SUPPLIES 1,829.70 SWIM-WORK TABLE 249424 8508852 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 117.70- 249424 8508852 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1,712.00 R55CKR2 LU�IS100 CITYOFAPF _.ALLEY 7/2,. `15:10:24 Council Check Register by GL Page- 23 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Suppiier/Expianation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257854 7l2/2014 143337 US FOODS CULINARY EQUIPMENT&SUPPLIES Continued... 257855 7/2/2014 100493 VALLEY BUICK GMC INC 148.35 POL-DOOR LOCK#14 00035211 249425 72883 1210.6215 EQUIPMENT PARTS POLICE FIELD OPERATIONS/PATROL 276.22 POL-WIRING HARNESS#10 00035211 249426 72922 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 424.57 257856 7/2/2014 100081 WASTE MANAGEMENT-BURNSVILLE LANDPILL 813.37 PK TRASH TO LANDFILL 249390 2689202915 1770.6240 CLEANING SERVICE/GARBAGE REMOVPARK GENERAL MAINTENANCE 813.37 257857 7/2/2014 100296 WIRTZ BEVERAGE MIN-BEER INC 128.00 GOLF-KTN BEER 00011037 249347 1090241787 5120.6419 GOLF-BEER GOLF KITCHEN 128.00 257858 7/2/2014 126872 YAMAHA GOLF 8 UTILITY INC 1,229.61 GOLF-IRRIGATION SUPPLIES 00050486 249429 1130451 5160.6215 EQUIPMENT-PARTS GOLF IRRIGATION MAINTENANCE 1,229.61 257859 7/2/2014 100496 VAN PAPER CO 81.83 BAGS#3 00008795 249687 315864 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS .82- DISCT#3 00008795 249687 315864 5095.6333 GENERAL-CASH D�SCOUNTS LIQUOR#3 OPERATIONS 81.01 20740541 5/12/2014 120679 U S BANK P CARD 17.88 IT-NOTEBOOK W/REFERENCE CALEND 249430 1030.6210 OFFICE SUPPLIES WFORMATION TECHNOLOGY Supplier 145934 ACCO BRANDS DIRECT 630.00 FIRE-ACTIVE 911 SUBSCRIPTIONS 249431 1330.6249 OTHER CONTRACTUA�SERVICES FIRE OPERATIONS Supplier 144047 ACTIVE9111NC 53.55 IT-CREATIVE CLOUD MEMBERSHIP 249432 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLQGY 3.56 IT-USE TAX ADJ 249433 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 3.56- IT-USE TAX ADJ 249434 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY Supplier 143895 ADOBE SYSTEMS INC 275.70 POL-ADULT DEFIBRILLATION ELEC100074163 249435 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL Supplier 126475 AED SUPERSTORE 69.54 SHOP-RAINSUITS 249436 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 32.29 CMF-RAINSUIT 249437 1540.6281 UN�FORM/CLOTHING ALLOWANCE CMF BUILDINGS&GROUNDS MNTC Supplier 141058 AHLBORN EQUIPMENT 317.11 GOLF-LIQUID SOAP FOR RESTROOp18J73919 249438 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 20.40- 00073919 249438 51Q0.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET Supplier 140185 AIR DELIGHTS R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 24 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140541 6/12/2014 720679 U S BANK P CARD Continued... 39.78 AVCGSCRUB PADS,HOSE FITTING80074267 249439 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER .04- 00074267 249439 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 25.92 AVCGSCRUB PADS,HOSE FITTING80074267 249440 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER .02- 00074267 249440 10002330 OUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 17.39 GOLF-RUBBERAIR HOSE 00073918 249441 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 1,12- 00073918 249441 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 76.05 AVCGPADS FOR FLOOR MACHINE 00074268 249442 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER .07- 00074268 249442 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 140339 AMAZON.COM 134.50 ENG-LICENSE RENEWAL FOR D BENN 249443 1510.6280 DUES&SUBSCRIPTIONS PW ENGINEERING&TECHNICAL Supplier 145772 BOARD OF AELSLAGID 300.00 HR-GIFT CARDS FOR RECOGNITIOPQ0073735 249444 1025.6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY Supplier 102220 CABELA'S RETAIL INC 13.33 GOLF-KITCHEN FOOD 00074610 249445 5120.6420 GOLF-FOOD GOLF KITCHEN 11.87 FIRE-SUPPLIES,BADGE PINNING R00074368 249446. 1300.6275 SCHOOLS/CONFERENCES/EXP LOCALFIRE MANAGEMENT 41.99 FIRE-SUPPLIES,BADGE PINNING R00074368 249447 1300.6275 SCHOOLS/CONFERENCES/EXP LOCAL FIRE MANAGEMENT .57 FIRE-USE TAX ADJ 00074368 249448 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .57- FIRE-USE TAXADJ 00074368 249449 1300.6275 SCHOOLS/CONFERENCES/EXP LOCAL FIRE MANAGEMENT 10.99 REC-SUPPLIES FOR TEDDY BEAR PD0074551 249450 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 56.30 REC-LIL CHEF SUPPLIES 00074462 249451 1875.6229 GENERAL SUPPLIES REC PRESCfi00L PROGRAMS Supplier 100114 CUB FOODS 8.57 REC-DAY CAMP SUPPLIES 00074553 249452 1865.6229 GENERAL SUPPLIES REC DAY CAMP Supplier 120473 DOLLAR TREE STORES,INC. 20.00 IT-2 YR RENEWAL 00069825 249453 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY Supplier 143445 DYN 67.49 PK-PATHWAY MAP LAMINATIONS 00072155 249454 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 4.49 PK-USE TAX ADJ 00072155 249455 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 4.49- PK-USE TAX ADJ 00072155 249456 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 80.33 GOLF-RANGE PUNCH CARDS 00073768 249457 5115.6239 PRINTING GOLF PRO SHOP .19 GOLF-USE TAX ADJ 00073768 249458 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .19- GOLF-USE TAX ADJ 00073768 249459 5115.6239 PRINTING GOLF PRO SHOP Supplier 100166 FEDEX 66.70 WQ-RPLCE ELECTRODE FOR PH METE 249460 5505.6215 EQUIPMENT-PARTS STORM DRAIN UTILITY 24.90 WQ-BUFFER SOLUTION 249461 5505.6229 GENERAL SUPPLIES STORM DRAIN UTILITY 108.29 NR-TREE MARKING PAINT 249462 1520.6229 GENERAL SUPPLIES NATURAL RESOURCES Supplier 100181 FORESTRY SUPPLIERS 380.00 GFOAANNUAL CONF BROUGHTEN MPL 249463 1035.6275 SCHOOLS/CONFERENCES/EXP LOCAL FINANCE 380.00 GFOAANNUAL CONF HEDBERG MPLS 249464 1035.6275 SCHOOLS/CONFERENCES/EXP LOCAL FINANCE 160.00 GFOAANNUAL CONF HEDBERG MPLS 249465 1035.6275 SCHOOLS/CONFERENCES/EXP LOCAL FINANCE Supplier RS5CKR2 L�_,3100 CITY OF AP: �LLEY 7/2 15:10:24 _. Council Check Register by GL Page- 25 Council Check Register and Summary 5l12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140547 5/72/2074 120679 U S BANK P CARD Continued... 100537 MN GFOA 219.46 FIRE-HYD FILTERS 249466 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE Supplier 145081 HARRISON HYDRAGEN lTD 173.65 INSP-INTL FUEL GAS CODE&TAX 249467 1400.6229 GENERAL SUPPLIES INSPECTIONS MANAGEMENT 10.68 INSP-USE TAX ADJ 249468 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 10.68- INSP-USE TAXADJ 249469 1400.6229 GENERAL SUPPLIES INSPECTIONS MANAGEMENT Supplier 100249 iNTL CODE COUNCiL INC 58.46 FIRE-MISC PARTS 249470 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE Supplier 145923 MASTER TOOL REPAIR INC 128.55 REC-BREAKFAST WITH BUNNY 00074457 249471 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 100301 MCDONALDS APPLE VALLEY 7.87 GOLF-TARN-X,BAR KEEPERS 00072288 249472 5120.6229 GENERAL SUPPLIES GOLF K�TCHEN Supplier 100309 MENARDS 35.74 REC-EASTER PROGRAM SUPPLIES00074455 249473 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 71.50 REC-FOR THE BIRDS SUPPLIES 00074459 249474 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS .18 REC-USE TAXADJ 00074459 249475 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .18- REC-USE TAX ADJ 00074459 249476 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 31.43 GOLF-BANQUET SUPPLtES 00073845 249477 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 29.92 GOLF-BURLAP GARLAND,RIVER R�073843 249478 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN Suppller 100748 MICHAELS 239.92 STR-RAIN BOOTS,FOR 8 EMPLOYEE 249479 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT Supplier 1A0640 FLEET FARM 232.00 RESIDENT TICKETS 249480 1001.5340 REFUNDS&REIMBURSEMENTS GENERAL FUND REVENUE Supplier 138331 MN WILD 178.56 REC-PLAYGROUND SUPPLIES 00072899 249481 1825.6229 GENERAL SUPPLIES REC SUMMER PLAYGROUND ACTIVITY 11.49- 00072899 249481 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 101385 NASCO 130.00 CABIE-ENTRIES NATOA GOVT PRO(�070084 249482 1970.6235 CONSULTANT SERVICES CABLE TV Supplier 103373 NATOA 9.00 REC-PARKING-SKINNER 249483 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT Supplier 145935 ORCH MPLS PARKWG 39.57 REC-RETIREMENT RECOGNITION SOOD72154 249484 1700.6229 GENERAL SUPPLIES PARK&RECREATION MANAGEMENT 2.63 REC-USE TAXADJ 00072154 249485 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2.63- REGUSE TAXADJ 00072154 249486 1700.6229 GENERAL SUPPLIES PARK 8 RECREATION MANAGEMENT Supplier 102901 PARTY CITY 175.00 CELL PHONE INVESTIGATION TECHN 249487 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING Supplier 145773 PROFESSIONAL LAW ENFORCEMENT TRAINING 43.08 CH-MISC KITCHEN SUPPLIES 00073508 249488 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 12.49 REC-EASTER PROGRAM SUPPLIES00074807 249489 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 26 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140541 SM2/2074 720679 U S BANK P CARD Continued... 118584 RAINBOW FOODS 1,000:00 REC-GIFT CERT FOR VOLLEYBALL L 249490 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL Supplier 100856 RASCALS CATERING 22.65 GOLF-HYPRO GG SERIES GAGE 00073917 249491 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 1.46- 00073917 249491 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET Suppller 145924 SPRAYSMARTER.COM 74.17 GOLF-OFFICE SUPPLIES 00073850 249492 5110.6210 OFFICE SUPPLIES GOLF C�UBHOUSE BUILDING .17 GOLF-USE TAX ADJ 00073850 249493 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .17- GOLF-USE TAXADJ 00073850 249494 5110.6210 OFFICE SUPPLIES GOLF CLUBHOUSE BUILDING Supplier 132732 STAPLES 149.97 POL-FOLDING DOG RAMP 00073630 249495 1295.6211 SMALL TOOLS&EQUIPMENT COMMUN SERVICE OFFICERS(CSO) Supplier 145933 SUMMIT RAGNG 11.20 REC-PLAYGROUND SUPPLIES 00072900 249496 1825.6229 GENERAL SUPPLIES REC SUMMER PLAYGROUNDACTIVITY .72- 00072900 249496 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 100463 TARGET STORES 255.00 RESIDENT TICKETS 00042196 249497 1001.5340 REFUNDS&REIMBURSEMENTS GENERAL FUND REVENUE 90.00 RESIDENT TICKETS 00042196 249498 1001.5340 REFUNDS 8 REIMBURSEMENTS GENERAL FUND REVENUE 135.00 RESIDENT TICKETS 00042196 249499 1001.5340 REFUNDS&REIMBURSEMENTS GENERAL FUND REVENUE 330.00 RESIDENTTICKETS 00042196 249500 1001.5340 REFUNDS&REIMBURSEMENTS GENERAL FUND REVENUE Supplier 102518 TARGET CENTER 70.38 GOLF-EXTENSION CORDS 00073916 249501 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 4.53- 00073916 249501 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 33.11 POL-KITCHEN BAGS,FILTER 00074164 249502 , 1250.6229 GENERAL SUPPLIES POLICE FACILITY 2.20 POL-USE TAX ADJ 00074164 249503 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2.20- POL-USE TAXADJ 00074164 249504 1250.6229 GENERAL SUPPLIES POLICE FACILITY Supplier 143525 HOME DEPOT STORE#2833 186.34 POOL-VACUUM PART3 00074269 249505 1930.6211 SMALL TOOLS&EQUIPMENT REDWOOD POOL 11.99- 00074269 249505 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 137657 THINKVACUUMS.COM 110.99 STR-RPR CONTROLLER&REMOTE 249506 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE Supplier 140553 TRAFCON INDUSTRIES INC 26.38 CH-FIRSTAID KIT SUPPLIES 00073509 249507 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC .44 CH-USE TAX ADJ 00073509 249508 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .44- CH-USE TAX ADJ 00073509 249509 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC Supplier 137321 WALGREENS 30.34 GOLF-BANQUET SUPPLIES 00073844 249510 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 44.90 POL-EVIDENCE PROCESSING MAT�d073088 249511 1200.6211 SMALL TOOLS&EQUIPMENT POLICE MANAGEMENT 2.99 POL-USE TAXADJ 00073088 249512 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2.99- POL-USE TAXADJ 00073088 249513 1200.6211 SMALLTOOLS&EQUIPMENT POLICE MANAGEMENT Supplier RSSCKR2 Lv�iS100 CITY OF APi ALLEY 7/2, '15:10:24 Council Check Register by GL Page- 27 Councii Check Register and Summary 5/12/2014 - 7/4/2014 . Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140541 5/72/2074 720679 U S BANK P CARD Continued... 102101 WAL-MART 7,755.24 20140542 5@6/2014 120679 U S BANK P CARD 25.00- IA1-TEST POINT OF SALE SYSTEM 249190 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 15.00- IA1-TEST POINT OF SALE SYSTEM 249191 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 5.00- IA1-TEST POINT OF SALE SYSTEM 249192 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 25.00 IA1-TEST POINT OF SALE SYSTEM 249193 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 15.00 IA1-TEST POINT OF SALE SYSTEM 249194 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 5.00 IA1-TEST POINT OF SALE SYSTEM 249195 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 4.00- IA1-TEST POINT OF SALE SYSTEM 249196 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 4.00- IA1-TEST POINT OF SALE SYSTEM 249197 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 4.00- IA1-TEST POINT OF SALE SYSTEM 249198 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 5.00- IA1-TEST POINT OF SALE SYSTEM 249199 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 5.00 IA1-TEST POINT OF SALE SYSTEM 249200 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 4.00 IA1-TEST POINT OF SALE SYSTEM 249201 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 4.00 IA1-TEST POINT OF SALE SYSTEM 249202 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 4.0� IA1-TEST POINT OF SALE SYSTEM 249203 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT Supplier 145899 ACTAVPARKSBREC 157.73 HCSGLIGHT BULBS 249204 1920.6229 GENERAL SUPPLIES SENIOR CENTER ,2g_ , 249204 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 24.67 GOLF-WALKIE TALKIE HEADSETS 00074601 249205 5120.6211 SMALL TOOLS 8 EQUIPMENT GOLF KITCHEN 1.59- 00074601 249205 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 118.98 GOLF-STAINLESS STEEL BAR SINK 00073925 249206 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 7.65- 00073925 249206 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 201.12 GOLF-WALKIE TALKIES 00074602 249207 5110.6211 SMALL TOOLS&EQUIPMENT GOLF CLUBHOUSE BUILDING 12.94- 00074602 249207 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET Supplier 140339 AMAZON.COM 113.33 SWIM-FOOD SERVICE EQUIP 00074276 249208 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 7.29- 00074276 249208 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Suppiier 144237 THE WEBSTAURANT STORE 101.87 REC-WINE FOR UPCOMING CLASS�074471 249209 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 137805 APPLE VALLEY LIQUOR 281.77 PK-TRASH TO LANDFILL 00073277 249210 1770.6240 CLEANING SERVICE/GARBAGE REMOVPARK GENERAL MAINTENANCE Supplier 145900 BURNSVILLE SANITATION ; 25.06 GOLF-HAMB BUNS,TARTER SAUCE00073771 249211 5120.6420 GOLF-FOOD GOLF KITCHEN 31.94 GOLF-BRATS/BUNS 00073772 249212 5120.6420 GOLF-FOOD GOIF KITCHEN 49.86 GOLF-PAPER PLATES,COFFEE 00073921 249213 5145.6229 - GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 75.47 REC-MISC SUPPLIES FOR CLASSE�0074474 249214 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 100114 CUB FOODS R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 28 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# poc No Inv No Account No Subledger Account Description Business Unit 20140542 5/26/2014 720679 U S BANK P CARD Continued... 328.74 SWIM-WHISTLES 00074277 249215 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 21.15- 00074277 249215 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Suppller 119352 ELIFEGUARD INC. ' 282.51 POL-2013 DEPTANNUAL REPORT 249216 1200.6239 PRINTWG POLICE MANAGEMENT Supplier 143773 FEDEX OFFICE 17.16 FIRE-COOKIES FOR RUN 00074380 249217 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 2.97 GOLF-EGGS 249218 5120.6420 GOLF-FOOD GOLF KITCHEN Supplier 103023 KWIK TRIP INC 29.99 REC-DOWNLOAD OF STAFF AWARDOm&74465 249219 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 145901 LARRYWEAVERAWARDS 121.48 FIRE-FOOD FOR CALL 00074378 249220 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS .29 FIRE-USE TAXADJ 00074378 249221 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .29- FIRE-USE TAX ADJ 00074378 249222 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS Supplfer 100301 MCDONALDSAPPLEVALLEY 146.57 DEV-MISC SUPPLIES 249223 1100.6229 GENERAL SUPPLIES DEV MANAGEMENT Supplier 100309 MENARDS 117.53 HCSC-CAN GNERS 249224 1920.6229 GENERAL SUPPLIES SENIOR CENTER .22- 249224 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET Supplier 145902 MIDLAND HARDWARE 425.00 NLC CONF AUSTIN GOODWIN 249225 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL 425.00 NLC CONFAUSTIN HAMANN-ROLAND 249226 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL Supplier 100353 NATL LEAGUE OF CITIES 58.90 POOL-IRONTON TRANSFER PUMP 1170073278 249227 1930.6215 EQUIPMENT-PARTS REDWOOD POOL .14 POOL-USE TAX ADJ 00073278 249228 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .14- POOL-USE TAX ADJ 00073278 249229 1930.6215 EQUIPMENT-PARTS REDWOOD POOL 32.13 PK-MUFFLER,PRESSURE WASHER00073278 249230 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 2.14 PK-USE TAXADJ 00073278 249231 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 2.14- PK-USE TAX ADJ 00073278 249232 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE Suppiier 100362 NORTHERN TOOL&EQUIPMENT 245.69 POL-TACTICAL GLOVES FIRE RESIS00074165 249233 1210.6281 UNIFORM/CLOTHINGALLOWANCE POLICE FIELD OPERATIONS/PATROL Supplier 143634 OAKLEY MILITARY&GOVERNMENT SALES 21.37 GOLF-SPARK PLUGS 00073927 .249234 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE Supplier 110957 O'REILLYAUTOMOTIVE INC 57.69 REC-TABLE COVERS 00074472 249235 1845.6229 GENERAL SUPPLIES REC SEIF SUPPORT PROG GENERAL .14 REC-USE TAXADJ 00074472 249236 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .14- REC-USE TAXADJ 00074472 249237 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 21.33 REGPLASTIC WINE GLASSES,SUP80074472 249238 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS .05 REC-USE TAX ADJ 00074472 249239 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .OS- REC-USE TAXADJ 00074472 249240 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PI�OGRAMS Supplier R55CKR2 Lc..�IS100 CITY OF AP� ALLEY 7/2: 15:10:24 Council Check Register by GL Page- 29 Council Check Register and Summary 5/12/2014 - 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140542 5/26/2014 120679 U S BANK P CARD Continued... 102901 PARTY CITY 18.25 INSP-EPERMITS 249241 1400.6351 VISAlBANK CHARGES INSPECTIONS MANAGEMENT 21.85 INSP-EPERMITS 249242 1400.6351 VISA/BANK CHARGES INSPECTIONS MANAGEMENT Suppiier 139988 PAYPAL 100.00 DIVERSION PRACTICES FOR JUVENI 249243 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING Supplier 145903 PAYPAL-CONFLICTRES 51.40 POL-PIZZA FOR SEXUALASSAULT W0073091 249244 1200.6229 GENERAL SUPPLIES POUCE MANAGEMENT .13 POL-USE TAX ADJ 00073091 249245 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET .13- POL-USETAXADJ 00073091 249246 1200.6229 GENERALSUPPLIES POLICEMANAGEMENT Supplier 136629 PIZZA MAN 109.31 REC-TEEN CENTER MEETING 00074466 249247 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS Supplier 118584 RAINBOW FOODS 29.99 POL-GRIPITAGITATION LEADS 00074235 249250 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT Supplier 120345 RAYALLEN MANUFACTURING CO INC 239.00 FIRE-SILVERTONE,GRAYTONE TIE 00074395 249251 1300.6281 UNIFORM/CLOTHING ALLOWANCE FIRE MANAGEMENT Supplier 101135 ROBERTS COMPANY INC 226.47 GOLF-5 GALLONS OF STAIN FOR F�0073923 249252 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 14.57- 00073923 249252 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 45.40 GOLF-PAINT 00073926 249253 5110.6229 GENERA�SUPPLIE5 GOLF CLUBHOUSE BUILDING .11 GOLF-USE TAX ADJ 00073926 249254 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING .11- GOLF-USE TAX ADJ 00073926 249255 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING Supplier 100437 SHERWIN WILLIAMS CO 36.37 CAB�E-EAR PADS FOR SONY HEAD8�70086 249256 2012.6215 EQUIPMENT-PARTS CABLE N JOINT POWERS 2.42 CABLE-USE TAXADJ 00070086 249257 2000.2330 DUE TO OTHER GOVERNMENT INVESTMENT FUND BALANCE SHEET 2.42- CABLE-USE TAX ADJ 00070086 249258 2012.6215 EQUIPMENT-PARTS CABLE N JOINT POWERS Supplier 145906 SONY ELEC 26.77 GOLF-BROCHURE PAPER 00073847 249259 5120.6210 OFFICE SUPPLIES GOLF KITCHEN .06 GOLF-USE TAX ADJ 00073847 249260 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .06- GOLF-USE TAXADJ 00073847 249261 5120.6210 OFFICE SUPPLIES GOLF KITCHEN 19.21 GOLF-ENVELOPES,WRITING PADS 00073847 249262 5115.6210 OFFICE SUPPLIES GOLF PRO SHOP .05 GOLF-USE TAX ADJ 00073847 249263 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .05- GOLF-USE TAX ADJ 00073847 249264 5115.6210 OFFICE SUPPLIES GOLF PRO SHOP 40.69 GOLF-RECEIPT TAPE,DUCT TAPE 00073770 249265 5120.6229 GENERAI SUPPLIES GOLF KITCHEN .11 GOLF-USE TAX ADJ 00073770 249266 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .11- GOLF-USE TAXADJ 00073770 249267 5120.6229 GENERAL SUPPLIES GOLF KITCHEN 7.81 GOLF-ENVELOPES FOR GIFT CARD60073778 249268 5115.6229 GENERAL SUPPLIES GOLF PRO SHOP .52 GOLF-USE TAX ADJ 00073778 249269 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .52- GOLF-USE TAX ADJ 00073778 249270 5115.6229 GENERAL SUPPLIES GOLF PRO SHOP Supplier 132732 STAPLES R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:1024 Council Check Register by GL Bage- 30 Council Check Register and Summary 5/12/2014 — 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20740542 5126/2014 120679 U S BANK P CARD Continued... 22.99 CH-WALL CLOCK 00073511 249271 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 72.34 CH-POP FOR RESALE 00073511 249272 1060.6540 TAXABLE MISC FOR RESALE MUNICIPAL BLDG&GROUNDS MNTC 6.34 CH-USE TAX ADJ 00073511 249273 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 6.34- CH-USE TAXADJ 00073511 249274 1060.6540 TAXABLE MISC FOR RESALE MUNICIPAL BLDG&GROUNDS MNTC 3.99 REC-CASE OF BOTTLED WATER,AI�1072156 249275 1700.6229 GENERAL SUPPLIES PARK&RECREATION MANAGEMENT 10.56 REC-SNACKS FOR DANCE 00074272 249276 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL Supplier 100463 TARGET STORES 68.43 GOLF-TAPE MEASURES 00073846 249277 5115.6211 SMALL TOOLS&EQUIPMENT GOLF PRO SHOP .16 GOLF-USE TAX ADJ 00073846 249278 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET .16- GOLF-USE TAX ADJ 00073846 249279 5115.6211 SMALL TOOLS&EQUIPMENT GOLF PRO SHOP Supplier 101361 HOME DEPOT CREDIT SERVICES 183.40 FIRE-FURNITURE REPAIR PARTS 00074386 249280 1340.6215 EQUIPMENT-PARTS FIRE BLDG&GROUNDS MNTC Supplier 145907 THE HON COMPANY CUSTOMER SRVC 7.93 REC-SUPPLIES FOR CARNIVAL CLA80074555 249281 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS Supplier 137321 WALGREENS 29.95 SUBSCRIPTION ID#439181 249282 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY Supplier 139978 WUFOO.COM 4,822.57 20140640 6/23/2014 100873 HEALTHPARTNERS 3,640.00 DENTAL CLAIMS 6/12/14-6/18/14 249607 20140618 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,640.00 20140641 6/30/2074 100873 HEALTHPARTNERS 3,419.07 DENTAL CLAIMS 6/19/14-6/25/14 249608 20140625 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3.419.07 20140701 7/1/2014 129553 US BANK 171,930.00 HSA FUNDING-2ND SEMI-ANNUAL CO 249128 140701C 900D.2125 ACCRUEO HSA/HRA BENEFIT PAYROLI CLEARING BAL SHEET 171,930.00 20740702 7/7/2014 142967 US BANK 43,485.00 HRA/VEBA FUNDING-2ND SEMI-ANNU 249129 140701 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 43,485.00 20140703 7/4/2074 7006b7 MN DEPT OF REVENUE 26,260.76 PAYROLL STATE TAX 249610 140701G 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 26,260.76 20140704 7/31�' ' 100455 AFFINITY PLUS FEDERAL CREDIT UNION R55CKR2 L�.�iS100 CITY OF API 1lLEY 7/2 15:10:24 Council Check Register by GL Page- 31 Council Check Register and Summary 5/12/2014 — 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20740704 7/3/2014 100455 AFFINITY PLUS FEDERAL CREDIT UNION Continued... 1,907.10 CREDIT UNION DEDUCT 249411 701141023084 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,907.10 20140705 7/3/2014 144790 ING-MN DCP 450.00 PLAN#650251 MN DCP 249408 7011410230817 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BA�SHEET 450.00 20140706 T/3@014 101238 MINNESOTA CHILD SUPPORT PAYMENT CENTER 171.97 CHILD SUPPORT 249413 701141023086 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 415.32 CHILD SUPPORT 249414 701141023087 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 316.56 CHILD SUPPORT 249415 701141023088 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING 8AL SHEET 227.04 CHILD SUPPORT 249416 701141023089 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAI.SHEET 1,130.89 20740707 7/3/2014 100392 PUBLIC EMPLOYEES RETIREMENTASSOCIATION 40,499.13 EMPLOYEE SHARE PERA 249410 701141023083 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 52,764.34 CITY SHARE PERA 249410 701141023083 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 93,263.47 20140708 7/3/2014 129553 US BANK 3,166.83 HSA FUNDING-EMPLOYEE CONTRIBUT 249405 7011410230814 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 3,166.83 20140709 7/3l2014 129576 US BANK 210.86 SERGEANT PEHRA FUNDING-GROSS W 249406 7011410230815 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,039.69 POLICE PEHRA FUNDINGGROSS WAG 249406 7011410230815 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARWG BAL SHEET 650.43 POLICE PEHRA FUNDINGANNUAL LE 249406 7011410230815 9000.2120 ' ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 351.26 POLICE PEHRA FUNDING-COMP 249406 7011410230815 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,252.24 20140710 7/3/2074 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 27,081.11 PLAN#301171 FULL-TIME ICMA 249400 701141023081 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 27,081.11 20740711 7I3I2014 126459 VANTAGEPOINT TRANSFER AGENTS-ROTH 680.00 PLAN#705481 ROTH IRA 249404 7011410230813 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 680.00 779,236.01 Grand Total Payment Instrument Totals RSSCKR2 LOGIS100 CITY OF APPLE VALLEY 7/2/2014 15:10:24 Council Check Register by GL Page- 32 Council Check Register and Summary 5/12/2014 — 7/4/2014 Check# Date Amount Supplier/Explanation PO# Doc No inv No Account No Subledger Account Description Business Unit 779,236.01 Grand Total Payment Instrument Totals Checks 279,680.33 �� EFT Payments 391,244.28 O/1 � A/PACH Payment 108,311.40 �� '' Total Payments 779,236.01 i( � �� R55CKS2 LUvIS100 CITYOFAPF _.ALLEY , 7/2, 15:10:37 Council Check Summary Page- 1 5/12/2014 - 7/4/2014 Company Amount 01000 GENERAL FUND 169,893.18 02000 INVESTMENT FUND 2.42 02010 CABLE N RESERVE FUND 173.95 02025 ROAD ESCROW FUND 75,797.22 02090 14200 CEDARAVE-OLD CITY HALL 1,484.50 03260 TIF DOWNTOWN REDEVELOPMENT 14.10 04000 CAPITAL BUILDING FUND 207.82 04300 2003 CONSTRUCTION FUND 564.08 04400 2008 CONSTRUCTION FUND 108.48 04500 CONSTRUCTION PROJECTS 15,982.25 04700 TIF DIST#13-CAPITAL PROJECTS 20,003.60 04715 2Q121MPROVEMENTS 2,535.00 04900 PHYSICAL IMPROVEMENTS ESCROW F 21 JO 05000 LIQUOR FUND 75,121.18 05100 GOLF FUND 15,033J8 05200 ARENA FUND 1,2fi2.70 � 05300 WATER&SEWER FUND 10,372.37 05500 STORM DR,4INAGE UTILITY FUND 2,621.32 05550 CONSTRUCTION PROJECTS 4,120.49 ', 05600 CEMETERY FUND LEVEL PROGRAM 1,000.00 05800 STREET LIGHT UTIL FUND 825.50 �I i 07100 INSURANCE TRUST DENTAL FUND 7,059.07 i 07200 RISK MANAGEMENT/INSURANCE FUND 275,40 I 09000 PAYROLL CLEARING FUND 374,755.90 Report Totals 779,236.01 I I i i I I I I RSSCKR2 Lu.,lS100 CITY OF APk �LLEY 7/1. 12:12:07 Council Check Register by GL Page- 1 Council Check Register and Summary SBO/2014 - 7/11l2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3816 7/11/2014 137610 A H HERMEL COMPANY 152.05 TAX#1 00050148 249905 442055 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,422.39 NOTAX#1 00050148 249905 442055 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,574.44 3817 7/17/2014 702921 ALOE UP 162.45 SWIM-SUNSCREEN FOR STAFF 00075152 249725 177274 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 10.45- 00075152 249725 177274 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 257.60 SWIM-SUNSCREEN FOR RESALE 00075154 249726 177348 1940.6540 TAXABLE MISC FOR RESALE AQUATIC SWIM CENTER 409.60 3818 7/71/2014 700058 BELLBOY CORPORATION 130.00 LIQ#1 00004928 249943 43529000 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 176.00 WINE#1 00004928 249944 43563400 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,080.20 L�Q#1 00004928 249944 43563400 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2970 FREIGHT#1 00004928 249944 43563400 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 318.00 LIQ#1 00004928 249945 43666500 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 4.05 FREIGHT#1 00004928 249945 43666500 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,277.65 LIQ#2 00004928 249946 43563500 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 14.85 FREIGHT#2 00004928 249946 43563500 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 363J5 LIQ#2 00004928 249947 43666400 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 6.75 FREIGHT#2 00004928 249947 43666400 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 130.00 LIQ#3 00004928 249948 43529100 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 389.00 LIQ#3 00004928 249949 43451800 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 96.00 WINE#3 00004928 249949 43451800 5085.6520 1MNE LIQUOR#3 STOCK PURCHASES 5.40 FREIGHT#3 00004928 249949 43451800 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,319.00 LIQ#3 00004928 249950 43563600 5085.6510 LI�QUOR LIQUOR#3 STOCK PURCHASES 16.20 FREIGHT#3 00004928 249950 43563600 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 180.00 LIQ#3 00004928 249951 43666600 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.35 FREIGHT#3 00004928 249951 43666600 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 6,537.90 3819 7H1/2074 100775 BELLBOY CORPORATION BAR SUPPLY 36.00 TAX#1 00005413 249889 90376300 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES ' 74.40 NOTAX#1 00005413 249889 90376300 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 20.00 NOTAX#1 00005413 249890 90413400 5015.6545< NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 21.65 NOTAX#2 00005413 249891 90376400 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 249.92 NOTAX#3 00005413 249892 6444400 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 407.97 3820 7/11/2014 100071 BOYER TRUCKS R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Council Check Register by GL Page- 2 Council Check Register and Summary 5/30/2014 - 7/11/2014 � Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3820 7/11/2074 700071 BOYER TRUCKS Continued... 21.93 PK-PIN/GUIDElLOCK/BOOT/BOLT 00035173 249727 866529 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 21.93 3821 7I71/2014 122371 CANNON RIVER WINERY 300.00 WINE#1 00046665 249898 3757 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 300.00 � 3822 7/11/2014 100102 COLLEGE CITY BEVERAGE 564.10 GOLF-KITCHEN BEER 00008159 249733 454607 5120.6419 GOLF-BEER GOLF KITCHEN 1,353.65 GOLF-KITCHEN BEER 00008159 249734 454680 5120.6479 GOLF-BEER GOLF KITCHEN 1,937J5 3823 7/11/2014 719126 EXTREME BEVERAGES LLC _ 73.50 TAX#t 00043761 249912 W979919 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 65.50 TAX#2 00043761 249913 W979920 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 139.00 3824 7/11/2014 101571 FARMERS MILI 8�ELEVATOR INC 2,962.38 PK-BULK FERTILIZER 00051626 249694 TF039141 1720.6213 FERTILIZER PARK GROUNDS MAINTENANCE 2,962.38 3825 7/11/2014 100166 FEDEX 170.04 GOLF-SHIPPtNG RESALE ITEMS 00073795 249695 268995845 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 170.04 3826 7/11/2074 100217 GRAINGER 685.82 SWIM-HOT WATER PUMP,LAZY RIVE 249700 9461619521 1940.6211 SMALL TOOLS&EQUIPMENT AQUATIC SWIM CENTER 44.12- 249700 9461619521 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 257.04 UTIL-BLOWER MOTOR,TOWELS 249701 9459764818 5385.6229 GENERAL SUPPLIES SEWER STORM INFRASTRUCTURE 898.74 3827 7/11/2014 101169 HAWKINS INC 202.00 SWIM-TEST KITS AND REAGENTS 00075156 249704 3609402RI 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 201.99 POOL-TEST KITS AND REAGENTS 00075156 249704 3609402RI 1930.6229 GENERAL SUPPLIES REDWOOD POOL 403.99 3828 7/11/2074 122121 MARGRON SKOGLUND WINE IMPORTS 105.00 WINE#2 00046453 249901 20017996 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#2 00046453 249901 20017996 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 110A0 R55CKR2 LCni�S100 CITY OF APF :1LLEY 7/1l 12:12:07 Council Check Registar by GL Page- 3 Council Check Register and Summary 5/30/2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3828 7/11/2014 122121 MARGRON SKOGLUND WINE IMPORTS Continued... 3829 7/11/2014 123624 MATRIX COMMUNICATIONS INC • 67.50 IT-REMOTE PROG DIGIT CONVERSIO 249713 75445 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 67.50 3830 7/11/2014 103014 PADGETT,MARCIE D 95:93 REC-MILEAGE JUNE-PADGETT 249779 20140630 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 95.93 3837 7/71/2014 100385 PLUNKETT'S PEST CONTROL INC 80.16 PK PEST CONTROL-RDWD-3 MOS 00073252 249751 4270480 1730.6249 OTHER CONTRACTUAL SERVICES PARK BUILDING MAINTENANCE 5.16- 00073252 249751 4270480 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 75.00 3832 7/11/2014 101500 PREMIUM WATERS INC 72.39 GOLF BOTTLED WATER 00045408 249753 6182510514 5110.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 51.70 POL BOTTLED WATER 00038902 249754 3138050614 1250.6229 GENERAL SUPPLIES POLICE FACILITY e 124.09 3833 7/71/2074 100636 REITEN,JEFFREYA 84.00 SHOP-JEANS 249755 20140627 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 84.00 3834 7/11/2014 100600 RIGID HITCH INC 76.14 PK-PINTLE HOOK/MOUNT 00035199 249718 1927545417 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 76.14 3835 7/11/2014 100457 STREICHERS INC 852.00 POL-AMMO 249721 11095996 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATROL 852.00 � 3836 7/71/2074 100486 TWIN CITY GARAGE DOOR CO 200.00 CMF-RPR WEST GATE 00036739 249723 417444 1540.6266 REPAIRS-BUILDING CMF BUILDINGS&GROUNDS MNTC 200:00 3837 7/1712014 122010 VINOCOPIA • 135.44 LIQ#1 00046257 249903 101526 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,408A0 WWE#1 00046257 249903 101526 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 21.95 TAX#1 00046257 249903 101526 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 20.00 �REIGHT#1 00046257 249903 101526 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES RSSCKR2 LOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Council Check Register by GL Page- 4 Council Check Register and Summary 5/30/2014 - 7/11/2014 � Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 3837 7/11/2014 722070 VINOCOPIA Continued... 446.65 LIQ#3 00046257 249904 101525 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 80.00 WINE#3 00046257 249904 101525 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 36.75 TAX#3 00046257 249904 101525 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00046257 249904 101525 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,156.29 3838 7/17/2074 100837 VINTAGE ONE WINES 1,056.00 WINE#3 00032591 249902 16622 'S085.6520 WINE LIQUOR#3 STOCK PURCHASES 21.00 FREIGHT#3 00032591 249902 16622 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,077.00 3839 7111/2014 179521 WILSKE,JOSHUA J 8.85 IT-MILEAGE JUNE-J WILSKE 249689 20140627 1030.6277 MILEAGE/AUTO ALLOWANCE INFORMATION TECHNOLOGY 8.85 • 3840 7/11@014 700520 WINE COMPANY,THE 240.00 WINE#1 00015926 249895 365156 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.20 FREIGHT#1 00015926 249895 365156 5015.6550 FREIGHT ON RESALE MDSE LIf1UOR#1 STOCK PURCHASES 240.00 WINE#2 00015926 249896 365157 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 6.30' FREIGHT#2 00015926 249896 365157 5055.6550 FREIGHT ON RESALE MDSE iIQUOR#2 STOCK PURCHASES 400.00 WINE#3 00015926 249897 365014 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 8.25 FREIGHT#,3 00015926 249897 365014 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 898.75 257860 7/9/2014 125174 ARTISAN BEER COMPANY 144.85 BEER#1 00047806 250006 55149 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 779.00 BEER#1 00047806 250007 55952 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 892J5 BEER#1 00047806 250008 56711 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 116J0 BEER#2 00047806 250009 55148 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 885.60 BEER#3 00047806 250010 55147 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 116.00 BEER#3 00047806 250011 55951 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,934.90 257861 7/9/2014 138336 BERNICK'S BEVERAGE 79.36 TAX#1 00050356 249906 141902 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 80.00 NOTAX#1 00050356 249906 141902 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,317.01 BEER#1 00050356 249907 141903 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 20.00 TAX#2 00050356 249908 141904 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 20.00 NOTAX#2 00050356 249908 141904 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 756.00 BEER#2 00050356 249909 941905 5055.6530 BEER LIQUOR#2 ST' PURCHASES . . -- � � i . R55CKR2 L�..�S100 CITY OF APi iLLEY 7/1. 12:12:07 Council Check Reeister by GL Page- 5 Council Check Register and Summary 5l30l2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 267861 7/9/2014 738336 BERNICK'S BEVERAGE Continued... 1fi5.55 BEER#3 00050356 249910 141906 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 453.60 BEER#3 00050356 249911 141907 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,891.52 257862 7I9/2014 940659 DOMACE VINO 120.00 WINE#3 00050649 249899 7771 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2.00 FREIGHT#3 00050649 249899 7771 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 122.00 257863 7/9/2014 100827 GRAPE BEGINNINGS INC 540.00 WINE#3 00032379 249900 168463 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 6.75 FREIGHT#3 00032379 249900 168463 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 546.75 257864 7/9/2014 100255 JOHNSON BROTHERS LIQUOR 120.00 GOLF-LIQ FOR SALE 00046398 249743 1851369 5120.6429 GOLF-LIQUOR GOLF KITCHEN 365.00 GOLF-WINE FOR SALE 00046398 249743 1851369 5120.6430 GOIF-WINE GOLF KITCHEN 492.00 BEER#1 00000109 249974 1884054 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 230.89 BEER#1 00000109 249975 1884058 5015.6530 BEER LIQUOR#1 STOCK PURCHASES • 20.99 BEER#2 00000109 249976 1884069 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 20.99 BEER#3 00000109 249977 1878517 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 123.00 BEER#3 000�0109 249978 1884072 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 41.98 BEER#3 00000109 249979 1884075 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 118.70 TAX#1 OQ000109 249980 1878514 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 S,TOCK PURCHASES 72.00 TAX#1 00000109 249981 1884059 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,874.00 LIQ#1 00000109 249982 1878509 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 6,719.92 LIQ#1 00000109 249983 1878510 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 823.90 LIQ#1 00000109 249984 1878512 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 4,781.94 LIQ#1 00000109 249985 1878520 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 391.50 L�Q#1 00000109 249986 1884046 5015.6510 LIQUOR LIQUOR#t STOCK PURCHASES t70.00 LIQ#1 00000109 249987 1884047 5015,6510 LIQUOR LIQUOR#1 STOCK PURCHASES 394.86 LIQ#1 00000109 249988 1884052 b015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 484.25 LIQ#1 00000109 249989 1884056 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 795.63 LIQ#2 00000109 249990 1878508 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 170.00 LIQ#2 00000109 249991 1878522 5055.6510 UQUOR LIQUOR#2 STOCK PURCHASES 39Q.86 LIQ#2 00000109 249992 1878523 5055.6510 UQUOR LIQUOR#2 STOCK PURCHASES 1,395.50 LIQ#2 00000109 249993 1878524 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 176.44 LIQ#2 00000109 249994 1884065 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 92.25 LIQ#2 00000109 249995 1884067 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 675.35 LIQ#3 OOOD0109 249996 1878515 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Council Check Register by GL Page- 6 Council Check Register and Summary 5/30/2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257864 7/9/2014 100265 JOHNSON BROTHERS LIQUOR Continued... 1,026.00 LIQ#3 00000109 249997 1878525 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3,345.12 LIQ#3 00000109 249998 1878526 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 5,262.50 LIQ#3 00000109 249999 1878527 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 270.00 LIQ#3 00000109 250000 1884071 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 430.25 LIQ#3 00000109 250001 1884073 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 4.87- CMLIQ#1 00000109 250002 623592 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 26.12- CMLIQ#1 00000109 250003 623593 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 15.92- CMLIQ#1 00000109 250004 623594 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 15.55- CMLIQ#1 00000109 250005 623595 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 520.15 WINE#1 00000109 250012 1878513 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 231.70 WINE#1 00000109 250013 1878519 5015.6520 1MNE LIQUOR#1 STOCK PURCHASES 677.85 WINE#1 00000109 250014 1878521 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5,987.65 WINE#1 00000109 250015 1884048 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,860.00 WINE#1 00000109 250016 1884049 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4,565.70 WINE#1 00000109 250017 1884053 5015.6520 VNNE LIQUOR#1 STOCK PURCHASES 4,784.55 WINE#1 00000109 250018 1884057 5015.6520 VNNE LIQUOR#1 STOCK PURCHASES 366.25 WINE#2 00000109 250019 1884050 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,164.80 WINE#2 00000109 250020 1884064 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,271.85 WINE#2 00000109 250021 1884066 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,829J9 WINE#2 00000109 250022 1884068 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 697.83 WINE#3 00000109 250023 7878516 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 407.30 WINE#3 00000109 250024 1878528 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 282.00 WINE�3 00000109 250025 1884051 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,417.90 WINE#3 00000109 250026 1884070 5085.6520 1MNE LIQUOR#3 STOCK PURCHASES 2,087.38 WINE#3 00000109 250027 1884074 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.56- CMWINE#2 00000109 250028 622211 5055.6520 . WINE LIQUOR#2 STOCK PURCHASES 5.33- CMWINE#2 00000109 250029 622212 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 67,356.17 257865 7/9/2074 100021 M AMUNDSON LLP 57.60 TAX#2 00044390 249893 176670 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 423.27 NOTAX#2 00044390 249893 176670 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 84.00 TAX#3 00044390 249894 176616 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 865.73 NOTAX#3 00044390 249894 176616 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1,430.60 257866 7/912074 143947 OENO DISTRIBUTION 60.00 BEER#3 00051337 249888 2501 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00051337 249888 2501 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 63.00 R55CKR2 L.. _,�100 CITYOFAPi +LLEY 7/1. 12:12:07 Council Check Register by GL Page- 7 Council Check Register and Summary 5/30/2014 -- 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257866 7/9/2074 143947 OENO DISTRIBUTION Continued... 257867 7l9/2074 100372 PAUSTIS 8 SONS 636.00 WINE#1 00001291 249964 8453034 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#1 00001291 249964 8453034 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4,116.02 WINE#1 00001291 249965 8454589 5015.6520 ' WINE LIQUOR#1 STOCK PURCHASES 66.25 FREIGHT#1 00001291 249965 8454589 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 167.00 WINE#2 00001291 249966 8453033 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1.25 FREIGHT#2 00001291 249966 8453033 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3,644.00 WINE#2 00001291 249967 8454583 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 55.00 FREIGHT#2 00001291 249967 8454583 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,503.01 WINE#3 00001291 249968 8453018 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 11.25 FREIGHT#3 00001291 249968 8453018 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 142.00 WINE#3 00001291 249969 8453637 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2.50 FREIGHT#3 00001291 249969 8453637 5085.6550 FREIGHT ON RESALE MqSE LIQUOR#3 STOCK PURCHASES 3,73670 WINE#3 00001291 249970 8454138 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 55.00 FREIGHT#3 00001291 249970 8454138 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 204.00 LIQ#3 00001291 249971 8453638 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.25 FREIGHT#3 00001291 249971 8453638 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 20.00- CMWINE#2 00001291 249972 8454816 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 14,326.23 257868 7/9/2014 100751 PHILLIPS WINE 8 SPIRITS INC 56.00 TAX#1 00000106 249914 2626384 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 266.60 WINE#1 0100751 249915 2622743 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,228.00 WINE#1 00000106 249916 2626382 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,814.56 WINE#1 00000106 249917 2&26383 5015:6520 WINE LIQUOR#1 STOCK PURCHASES 293.79 WINE#2 00000106 249918 2626385 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 183.30 WINE#2 00000106 249919 2626386 5055.6520 WINE L�QUOR#2 STOCK PURCHASES 489.83 WINE#3 00000106 249920 2622750 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 172.00 WINE#3 A0000106 249921 2626387 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 546.00 WINE#3 00000106 249922 2626388 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 9.33- CMWINE#1 00000106 249923 3529408 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 6.55- CMWINE#2 000001.06 249924 3529475 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 41.95 TAX#2 00000106 250030 2622748 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 39.90 TAX#3 00000106 250031 2622752 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 391.50 LIQ#1 00000106 250032 2622746 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 240.95 LIQ#2 00000106 250033 2622747 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,059.63 LIQ#3 00000106 250034 2622749 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 867.50 LIQ#3 00000106 250035 2622751 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 12.67- CMLIQ#1 00000106 250036 3528811 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Councii Check Register by GL Page- 8 Council Check Register and Summary 5/30l2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No inv No Account No Subledger Account Description Business Unit 257868 7/9/2014 100757 PHILLIPS WINE&SPIRITS INC Continued... 6.27- CMLIQ#1 00000106 250037 3529410 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 12.67- CMLIQ#1 00000106 250038 3529477 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1D.88- CMLIQ#2 00000106 250039 3529476 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 7,633.14 ' 257869 7/9/2014 100524 SOUTHERN WINE&SPIRITS OF MN LLC 13,834.57 LIQ#1 00050756 250040 1168541 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 383.85 LIQ#1 00050756 250041 1170921 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 8,883.91 LIQ#1 00050756 250042 1173333 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 14,457.65 LIQ#1 00050756 250043 1175796 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 583.44 WINE#1 00050756 250044 1168542 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,444.72 WINE#1 00050756 250045 1170918 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 104.00 WINE#1 00050756 250046 1170919 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,244.22 WINE#1 00050756 250047 1170920 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,378.64 WINE#1 00050756 250048 1173334 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,404.41 WINE#1 00050756 250049 1175797 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 72.00 WINE#1 00050756 250050 1175798 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 3,178.90 WINE#1 00050756 250051 1175799 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 56.00- CMLIQ#1 00050756 250052 9034375 5015.6510 UQUOR LIQUOR#1 STOCK PURCHASES 576.00- CMLIQ#1 00050756 250053 9034385 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 6,039.71 LIQ#2 00050756 250054' 1168543 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,772.63 LIQ#2 00050756 250055 1173335 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 4,361.21 LIQ#2 00050756 250056 1175800 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 531.04 WINE#2 00050756 250057 1170923 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 417.11 WINE#2 00050756 250058 1170924 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 857.06 WINE#2 00050756 250059 1175801 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,350.41 WINE#2 00050756 250060 1175802 5055.6520 VNNE LIQUOR#2 STOCK PURCHASES 137.00- CMLIQ#2 00050756 250061' 9034386 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 6,915.95 LIQ#3 00050756 250062 1168568 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 10,064.18 LIQ#3 00050756 250063 1173363 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 10,449.98 LIQ#3 00050756 250064 1175832 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,227.60 WWE#3 00050756 250065 7770953 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 445.52 WINE#3 00050756 250066 1170954 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 136.00 WINE#3 00050756 250067 1170955 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,379.92 WINE#3 00050756 250068 1173362 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 134.64 WINE#3 00050756 250069 1174086 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,490.56 WINE#3 00050756 250070 1175831 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.00- CMLIQ#3 00050756 250071 9034376 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 614.00- CMLIQ#3 00050756 250072 9034387 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 44.00- CMLIQ#3 00050756 250073 9036069 5085.6510 LIQUOR LIQUOR#3 S' 'URCHASES RSSCKR2 L��100 CITY OF APt �LLEY 7Hi 12:12:07 Council Check Register by GL Page- 9 Council Check Register and Summary 5/30/2014 - 7/11/2014 Check t! Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257869 7/9/2014 100524 SOUTHERN WINE&SPIRITS OF MN LLC Continued... 96,111.83 257870 7/9/2014 100521 WINE MERCHANTS 1,855.24 WINE#1 00022992 249925 506790 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,440.00 WINE#1 00022992 249926 507754 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 200.00 WINE#2 00022992 249927 506792 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 104.00 WINE#2 00022992 249928 508700 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 132.00 WINE#3 00022992 249929 506791 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,056.00 WINE#3 00022992 249930 506793 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,440.00 WINE#3 00022992 249931 507755 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 6,227.24 - 357871 7/9/2014 100152 WIRTZ BEVERAGE MINNESOTA WINE 8 SPIRITS 751.65 WINE#1 00001930 249932 1080196460 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 16.10 FREIGHT#1 00001930 249932 1080196460 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 720.00 WINE#1 00001930 249933 1080196805 5015.6520 WINE LIQUOR#1STOCKPURCHASES 6.90 FREIGHT#t 00001930 249933 1080196805 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 80.00 WINE#2 00001930 249934 1080193660 5055.652Q WINE LIQUOR#2 STOCK PURCHASES 1.15' FREIGHT#2 00001930 249934 1080193660 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 128.00 WINE#2 00001930 249935 7080196456 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1.15 FREIGHT#2 00001930 249935 1080196456 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 808J0 WINE#3 00001930 249936 1080196678 5085.6520 WINE LIQUOR tt3 STOCK PURCHASES 10.35 FREIGHT#3 00001930 249936 7080196678 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 14.00- CMWINE#1 00001930 249937 2080043748 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 24.00- CMWINE#1 00001930 249938 2080043757 5015.6520 VNNE LIQUOR#1 STOCK PURCHASES 20.00- CMUVINE#2 00001930 249939 2080043751 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 33.00- CMWINE#2 00001930 249940 2080043754 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 10.00- CMWINE#3 00001930 249941 2080043746 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 37.00- CMWINE#3 00001930 249942 2080043761 5085.6520 WtNE LIQUOR#3 STOCK PURCHASES 2,386.00 257872 7/9/2014 100219 WIRTZ BEVERAGE MINNESOTA WINE 8 SPIRITS 1,480:64 LIQ#1 00000'105 249952 1080193659 5015.6510 LIQUOR LIQUOR#1 STOCKPURCHASES 16.29 FREIGHT#1 00000105 249952 1080193659 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 475.20 LIQ#1 00000105 249953 1080196459 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 49.13 TAX#1 00000105 249953 1080196459 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 20.51 NOTAX#1 00000105 249953 1080196459 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 10.35 FREIGHT#1 00000105 249953 1080196459 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 5,731.65 LIQ#1 00000105 249954 1080197899 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 56.35 FREIGHT#1 00000105 249954 1080197899 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES RSSCKR2 LOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Council Check Register by GL Page- 10 Council Check Register and Summary 5/30/2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257872 7/9/2014 100219 WIRTZ BEVERAGE MINNESOTA WINE&SPIRITS Continued... 202.35 LIQ#2 00000105 249955 1080190566 5055.6510_ LIQUOR LIQUOR#2 STOCK PURCHASES 2.30 FREIGHT#2 00000105 249955 1080190566 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 410.31 LIQ#2 00000105 249956 1080193658 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 4.60 FREIGHT#2 00000105 249956 1080193658 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 28.62 TAX#2 00000105 249957 1080196455 5055.6540 TAXABLE MISC FOR RESALE L�QUOR#2 STOCK PURCHASES 1.15 FREIGHT#2 00000105 249957 1080196455 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,621.74 LIQ#2 00000105 249958 1080197898 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 27.60 FREIGHT#2 00000105 249958 1080197898 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 603.61 LIQ#3 00000105 249959 1080190982 5055.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2.30 FREIGHT#3 00000105 249959 1080190982 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3,560.02 UQ#3 00000105 249960 1080193493 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 38.72 FREIGHT#3 00000105 249960 1080193493 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 630.00 LIQ#3 00000105 249961 1080196677 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 76.62 TAX#3 00000105 249961 1080196677 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 28.62 NOTAX#3 00000105 249961 1080196677 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 11.50 FREIGHT#3 00000105 249961 1080196677 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 7,628.28 LIQ#3 00000105 249962 1080197801 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 78.20 FREIGHT#3 00000105 249962 1080197801 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOGK PURCHASES 32.50- CMLIQ#1 00000105 249963 2080043793 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 23,764.16 257873 719/2014 144003 BERNSTEIN,BARRY 112.00 REC-MILEAGE JUNE-BERNSTEIN 249784 20140630 1700.6277 MILEAGE/AUTO ALLOWANCE PARK 8 RECREATION MANAGEMENT 112.00 257874 7/9/2014 101055 BIRD,WILLIAM A 13.44 HCSC-MILEAGE JUNE BIRD 249782 20140623 1920.6277 MILEAGE/AUTO ALLOWANCE` SENIOR CENTER 13.44 25787b 7/9/2074 144494 LAVOIE,RACHEL 53.76 SWIM-MILEAGE JUNE-LAVOIE 249773 20140626 1940.6277 MILEAGE/AUTO ALLOWANCE AQUATIC SWIM CENTER 53.76 257876 7/9/2014 102246 LERUM,TIMOTHY M 60.00 PK-JEANS 249772 20140702 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 60.00 257877 7/912014 140370 MAURER,MICHAEL S 26.04 SWIM-MILEAGE JUNE-MAURER 249774 20140628 1940.6277 MILEAGE/AUTOALLOWANCE AQUATIC SWIM CENTER 26.04 R55CKR2 L�_.�100 CITY OF APF .LLEY 7/1l 12:12:07 Council Check Register by GL Page- 11 Council Check Register and Summary 5/30/2014 - 7/1 V2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257877 7/9/2014 140370 MAURER,MICHAEL S Continued... 257878 7/9/2074 145946 MCCOLLUM,MIKE 7.18 IT-MILEAGE JUNE-M MCCOLLUM 249688 20140630 1030.6277 MILEAGE/AUTO ALLOWANCE INFORMATION TECHNOLOGY 7.18 257879 7/9/2014 145955 PAWEK,KAYLA 32.26 REC-MILEAGE JUNE-PAWEK 249777 20140630 1850.6277 MILEAGE/AUTO ALLOWANCE REC SOFTBALL 8.06 REC-MILEAGE MAY-K PAWEK 249778 20140528 1850.6277 MILEAGE/AUTO ALLOWANGE REC SOFTBALL 40.32 257880 7/9/2014 700377 PERKINS MONN,DORENE M 17.36 REC-MILEAGE MAY-JUNE PERKINS-M 249783 20140624 1700.6277 MILEAGElAUTOALLOWANCE PARK 8 RECREATION MANAGEMENT 50.00 REC-MILEAGE MAY-JUNE PERKINS-M 249783 20140624 1700.6275 SCHOOLS/CONFERENCES/EXP LOCAL PARK&RECREATION MANAGEMENT 67.36 ' 257881 7/9/2014 109091 PETERSON,JAY 52.64 IA-MILEAGE JUNE 2014 249781 20140623 5205.6277 MILEAGE/AUTO ALLOWANCE ARENA 1 MANAGEMENT 52.64 257882 7/9/2014 122348 PIEKARSKI,CASEY 80.08 REC-MILEAGE JUNE-FIEKARSKI 249776 20140630 1805.6277 MiLEAGElAUTO ALLOWANCE REC PUPPET WAGON 80.08 257883 7/9I2014 143550 TRACE,HAYLEY 39.20 SWIM-MILEAGE JUNE-H TRACE 249775 20140630 1940.6277 MILEAGElAUTOALLOWANCE AQUATIC SWIM CENTER 39.20 257884 7/9/2014 177062 WEISS,TODD R 57.12 REC-MILEAGE JUNE-WEISS 249780 20140630 1700.6277 MiLEAGEJAUTO ALLOWANCE PARK&RECREATION MANAGEMENT 57.12 257885 7/9/2014 101588 1ST LINE LEWEES VENTURES LLC 826.23 SWIM-CONCESSION SUPPLY 00039184 249729 111782 1930.6540 TAXABLE MISC FOR RESALE REDWOOD POOL 826.23 257886 7/912014 143474 AGBARA,JOY 400.00 REFUND REDWOOD DEP 6/29/14 249785 100753002 1001.5110 RENTS-REDWOOD GENERAL FUND REVENUE 400.00 257887 7/9/2014 100039 APPLE VALLEY FORD R55CKR2 IOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Council Check Register by GL Page- 12 Council Check Register and Summary 5l30/2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No inv No Account No Subledger Account Description Business Unit 257887 7/9/2014 100039 APPLE VALLEY FORD Continued... 33.69 POL SWITCH&WIRE ASSY#OS 00035168 249730 320922 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 33.69 257888 7/9/2014 100747 ARAMARK UNIFORM SERVICES INC 27.63 SHOP-UNIFORM RENT JUN 00046863 249731 6298020392 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 27.63 STR-UNIFORM RENT JUN 00046863 249731 6298020392 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 27.64 PK-UNIFORM RENT JUN 00046863 249731 6298020392 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 27.64 UTIL-UNIFORMRENTJUN 00046863 249731 6298020392 5305.6281 UNIFORM/CLOTHINGALLOWANCE WATERMGMT/REPORT/DATAENTRY 110.54 257889 7/912014 737689 BUSHNELL OUTDOOR PRODUCTS 132.00 GOLF RANGE FINDER 00073796 249732 548219 5115.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP 7.01 GOLF FREIGHT 00073796 249732 548219 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 1.32- GOLF DISCOUNT 00073796 249732 548219 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 137.69 257890 7/9/2014 122579 BYRON,JANE 13.50 FLOWERS FOR EVEREST RAINGARDEN 249771 20140623 1520.6229 GENERAL SUPPLIES NATURAL RESOURCES 13.50 257891 7/9/2014 100128 DAKOTA ELECTRIC ASSOCIATION 32.69 GALAXIE/FOUNDER LN SPRINKLER 250074 203304 1610.6255 UTILITIES-ELECTRIC STREET/BOULEVARD REPAIR&MNTC 2,458.45 GOLF CLUBHOUSE 250074 203304 5110.6255 UTILITIES-ELECTRIC GOLF CLUBHOUSE BUILDING 295.82 GOLF MAINTENANCE BLDG 250074 203304 5145.6255 UTILITIES-ELECTRIC GOLF SHOP BUILDING MAINTENANCE 50.79 QUARRY POINT WATER TOWER 250074 203304 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 28.29 VALLEYWOOD RESERVO�R 250074 203304 5320.6255 UTILITIES-ELECTRIC WATER WELVBOOSTER STN MNT/RPR 235.38 LIFT STN STRM SWR GALAXfE 250074 203304 5505:6255 UTILITIES-ELECTRIC STORM DRAIN UTILITY 709.98 STREET LIGHTS 250074 203304 5805.6545 NON-TAXABLE MISC FOR RESALE - STREET LIGHT UTILITY FUND 3,811.40 257892 7/9/2074 123324 DAMA METAL PRODUCTS INC 1,368.00 FIRE-TAMPER SWITCH UNIT 249728 13385 1320.6229 GENERAL SUPPLIES FIRE PREVENTION 1,368:00 257893 7/9@014 143618 DAVIS EQUIPMENT CORPORATION 2.53 STR-BANJO BUNG SEAL 249691 EI82399 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 2.53 257894 7/9/2014 145219 DIERS LAWN CARE&SERVICES . 100.00 15690 DUCK POND WAY-MOWING 249735 1133 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFOR' ':NT R55CKR2 L(:.��100 CITYOFAPF. ,LLEY ° 7/1C 12:12:07 Council Check Register by GL Page- 13 Council Check Register and Summary 5/30/2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257894 7/9/2014 145219 DIERS LAWN CARE 8�SERVICES Continued... 140.00 15698 DUCK POND WAY-MOWING 249736 1134 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT 65.00 140 HAYES RD-MOWING 249737 1138 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT 305.00 257895 7l9/2074 100148 DPC INDUSTRIES INC 413.80 UTIL-CHLORINE 00048450 249690 82700097914 5325.6214 2014107W CHEMICALS WATER TREATMENT FCLTY MNTC/RPR 413.80 257896 7/9/2014 745240 ECOLAB PEST ELIM DIV 66.26 OLDCH-PESCT CONTROL PROGRAM 249692 4216741 2092.6249 OTHER CONTRACTUAL SERVICES 14200 CEDAR AVE-OLD CITY HALL 4.26- 249692 4216741 2090.2330 DUE TO OTHER GOVERNMENT 14200 CEDAR AVE-OLD CITY HALL 62.00 257897 7/9l2014 101387 EGAN 32,974.00 PW-STR LIGHTS FOR CEDARARC 00051577 249738 JC10101171 4752.6399 OTHER CHARGES ELECTRIC FRANCHSE 5,750.00 PW-POLE TO RPLC DAMAGED POL�0051577 249738 JC10101171 7205.6399 OTHER CHARGES RISK MANAGEMENTSIINSURANCE 38,724.00 ' 257898 7/9/2014 100407 EMERGENCYAUTOMOTIVE TECHNOLOGIES INC 159:23 FIRE-SUPER LED LIGHT KIT 00038694 249693 AW0619144 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 159.23 257899 7/9/2014 137636 FLAIR POUNTAINS 250.00 PK-INSULATING/SEALWGCOMPOUf0Q�D74123 249696 7275 1765.6229 GENERALSUPPLIES PARKEQUIPMENTMAWTENANCE 250.00 257900 7/9/2014 100177 FLUEGEL ELEVATOR INC 1T0.97 STR-GLYFHOSMATE 249697 2719677 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 157.96 STR-GLYFHOSMATElPARAMATOL 249698 2719936 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 268.93 257901 7/9/2014 100180 FOOTJOY 94A0 GOLF FREIGHT 00051380 249739 5652135 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 1,458.00 GOLF SHOES 00051380 249739 5652135 5115.6416 GOLF-SHOES GOLF PRO SHOP 80.19- GOLF DISCOUNT 00051380 249739 5652135 5115.6423 GOLF-CASH DISCOUNT GOLF PRO SHOP 1�471.81 i 257902 7/9/2014 100793 GLEWWE DOORS INC 127.50 CMF-RPR FRONT DOOR LATCH 249699 170539 1540.6266 REPAIRS-BUILDING CMF BUILDWGS&GROUNDS MNTC 127.50 . . - � � � - . , . R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Council Check Register by GL Page- 14 Council Check Register and Summary 5/30l2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257902 7/9f2014 700793 GLEWINE DOORS INC � Continued... 257903 7/9/2014 737419 HEDBERG,RON 3.74 SWIM SENSOR FUSE 00072157 249740 20140618 1940.6229 GENERAL SUPPLIES AGIUATIC SWIM CENTER 14.88 PW CONDAC MEETING-FRUIT TRAY00072672 249741 20140620 1500.6275 SCHOOLS/CONFERENCES/EXP LOCAL PW MANAGEMENT 18.62 257904 7I9/2074 145964 HOWARD,NAKIYSHA 50.00 REFUND AVCC DEPOSIT 6/21/14 249787 1007282002 1001.5115 RENTS-APPLE VALLEY COMM CENTERGENERAL FUND REVENUE 50.00 257905 7/9/2014 101796 INTERSTATE BATTERY SYSTEM OF MINNEAPOLIS 107.95 BATTERY 00042258 249706 220026898 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 107.95 BATTERY 00042258 249706 220026898 5390.6216 VEHICLES-TIRES/BATTERIES SWR EQUIPNEHICLE MISC MNTC/RP 215.90 257906 7/9/2074 100013 J J TAYLOR DISTRIBUTING CO OF MN 287.00 GOLF-KTN BEER 00046768 249742 2228397 5120.6419 GOLF-BEER GOLF KITCHEN 287.00 257907 7/9/2014 141814 JTK DISTRIBUTORS 418.00 GOLF-CIGARS 00035055 249744 62614 5115.6417 GOLF-CIGARS GOLF PRO SHOP 418.00 257908 7/9/2014 744552 KENDELL DOORS&HARDWARE INC 251.67 PK-KEYS,PADLOCKS,ETC 00074133 249707 SI010575 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 251.67 257909 7I9/2014 103337 KLM ENGINEERING INC 3,000.00 QP TOWER T-MOBILE INSP SVCS 249708 5225 5330.6235 CONSULTANT SERVICES WTR MAIN/HYDRANT/CURB STOP MNT 3,000.00 257970 7/912014 132646 KWIK KOPY BUSINESS CENTER 233.19 STR-NO PARKING SIGNS 249709 15798 1610.6239 PRINTING STREET/BOULEVARD REPAIR&MNTC 233.19 257911 7/912074 101200 LOFFLER COMPANIES INC 610.26 IT COPIER LEASE-DEV&2ND FL M 249745 256421710 1030.6310 RENTAL EXPENSE INFORMATION TECHNOLOGY 189.55 IT COPIER MAINT-2ND FL MAIN 249745 256421710 1030.6265 REPAIRS-EQUIPMENT INFORMATION TECHNOLOGY 78.09 IT COPIER MAWT-DEV 249745 256421710 1030.6265 REPAIRS-EQUIPMENT INFORMATION TECHNOLOGY 341.27 POL COPIER LEASE-2ND FL 249745 256421710 1200.6310 RENTAL EXPENSE POLICE MANAr^�ENT R55CKR2 Lt,viS100 CITYOFAPF �LLEY 7/1� 12:12:07 � Council Check Register by GL Page- 15 Council Check Register and Summary 5/30/2014 -- 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No � Subledger Account Description Business Unit 257911 7l9/2014 101200 LOFFLER COMPANIES INC Continued... 327.36 POL COPIER LEASE-1ST FL 249745 256421710 1200.6310 RENTAL EXPENSE POLICE MANAGEMENT 360.42 REC COPIER LEASE-AVCC 249745 256421710 1700.6310 RENTAL EXPENSE PARK&RECREATION MANAGEMENT 184.04 IT COPIER LEASE-MAIL ROOM 249745 256421710 1030.6310 RENTAL EXPENSE INFORMATION TECHNOLOGY 88.11 POL COPIER MAINT-1ST&2ND FL 249745 256421710 1200.6265 REPAIRS-EQUIPMENT POLICE MANAGEMENT 289.49 REC COPIER MAINT-AVCC 249745 256421710 1700.6265 REPAIRS-EQUIPMENT PARK&RECREATION MANAGEMENT 28.95 IT COPIER MAINT-MAIL ROOM 249745 256421710 1030.6265 REPAIRS-EQUIPMENT INFORMATION TECHNOLOGY 360.44 PW COPIER LEASE 249745 256421710 1500.6310 RENTAL EXPENSE PW MANAGEMENT 172.54 PW COPIER MA�NT 249745 256421710 1500.6265 REPAIRS-EQUIPMENT PW MANAGEMENT .27- 249745 256421710 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 3,030.25 . 257912 7/9/2014 100934 LUBRICATION TECHNOLOGIES INC 173.93 STR-ANTI-FREEZE 00005111 249746 2387129 1630.6212 MOTOR FUELS/OtLS STREET EQUIPMENT MAINTENANCE 173.93 PK-ANTI-FREEZE 00005111 249746 2387129 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 173.93 FIRE-ANTI-FREEZE 00005111 249746 2387129 1350.6212 MOTOR FUELS/OILS FIRE VEHICLE MAINTENANCE 173.92 POL-ANTI-FREEZE 00005111 249746 2387129 1210.6212 MOTOR FUELS/OILS POL�CE FIELD OPERATIONS/PATROL 173.93 UTIL-ANTI-FREEZE 00005111 249746 2387129 5390.6212 MOTOR FUELS/OILS SWR EQUIPNEHICLE MISC MNTC/RP 118.51 SHOP-WINDSHIEID WASHER FLUID00051131 249747 2386786 1530.6212 MOTOR FUELS/OILS FLEET&BUILDINGS-CMF 399.64 STR-KENDALL VERSATRANS ATF B1D10051131 249748 2387418 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 399.65 PK-KENDALL VERSATRANS ATF BU140051131 249748 2387418 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 399.65 POL-KENDALL VERSATRANS ATF BlIDID051131 249748 2387418 1210.6212 MOTOR FUELS/OILS POLICE FIELD OPERATIONS/PATROL 399.65 FIRE-KENDALL VERSATRANS ATF BCY0051131 249748 2387418 1350.6212 MOTOR FUELS/OILS FIRE VEHICLE MAINTENANCE 199.82 UTIL-KENDALLVERSATRANSATF 6100051131 249748 2387418 5345.6212 MOTOR FUELS/OILS WATER EQUIPNEHICLE/MISC MNTC 199.82 UTIL-KENDALL VERSATRANS ATF Bb0051131 249748 2387418 5390.6212 MOTOR FUELS/OILS SWR EQUIPNEHICLE MISC MNTC/RP 2,986.38 257913 7/9/2014 138342 MANSFIELD OIL COMPANY I 22,939.54 DIESEL FUEL 00050328 249710 713750 1000.1525 INVENTORY-DIESEL FUEL GENERAL FUND BALANCE SHEET 1,229.20 GOLF-DIESEL FUEL 249711 679355 5155.6212 MOTOR FUELS/OILS GOLF EQUIPMENT MAINTENANCE 814.32 GOLF-UNLEADED FUEL 00051106 249712 679358 5155.6272 MOTOR FUELS/OILS GOLF EQUIPMENT MAINTENANCE 24,983.06 257914 7/9/2014 100302 MCNAMARA CONTRACTING INC 221;620.90 2014 STREET IMPROV EST#3 249769 201410103 2027.6810 2014101 R CONSTRUCTION IN PROGRESS ROAD ESCROW 39,492.92 2014 STREET IMPROV EST#3 249769 201410103 2027.6810 2014101P CONSTRUCTION IN PROGRESS ROAD ESCROW 549,960.77 20?4 STREET/UTIL RECONST#3 249770 201410203 2027.6810 2014102R CONSTRUCTION IN PROGRESS ROAD ESCROW 19,026.60 2014 STREET/UTIL RECONST#3 249770 201410203 2027.6810 2014102S CONSTRUCTION IN PROGRESS ROAD ESCROW 122,384.70 2014 STREET/UTIL RECONST#3 249770 201410203 2027.6810 2014102W CONSTRUCTION IN PROGRESS ROAD ESCROW ' 50,764.20 2014 STREET/UTIL RECONST#3 249770 201410203 2027.6810 2014102D CONSTRUCTION IN PROGRESS ROAD ESCROW 1,003,250.09 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Council Check Register by GL Page- 16 Council Check Register and Summary 5/30/2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257914 7/912014 700302 MCNAMARA CONTRACTING INC Continued... 257915 7/9/2014 100311 METRO COUNCIL ENVIRONMENTAL SVCS 19,880.00 SAC COLLEGTION JUNE 249766 20140630 5301.4922 SAC COLLECTIONS WATER&SEWER FUND REVENUE 198.80- RETAINED%JUNE 249766 20140630 5301.4999 MISC UTILITY REVENUE WATER&SEWER FUND REVENUE 19,681.20 257916 7/9/2014 773060 MN RURAL WATER ASSOC 125.00 MRWA OPERATOR EQ EXPO-JENSEN 249768 20140709 5315.6275 SCHOOLS/CONFERENCESlEXP LOCAL WATER TRAINING/SCHOOUMEETINGS 125.00 MRWA WASTEWATER COLL-CASPERSON 249768 20140709 5370.6275 SCHOOLS/CONFERENCES/EXP LOCAL SEWER TRAINING/SCHOOUMEETINGS 125.00 MRWA LINE TRACINGGORDON 249768 20140709 5315.6275 SCHOOLS/CONFERENCES/EXP LOCAL WATER TRAINING/SCHOOLlMEETINGS 125.00 MRWA WASTEWATER COLL-MCWILLIAM 249768 20140709 5370.6275 SCHOOLS/CONFERENCES/EXP LOCAL SEWER TRAINING/SCHOOL/MEETINGS 125.00 MRWAOPERATOR EQ EXPO-MANN 249768 20140709 5315.6275 SCHOOLS/CONFERENCES/EXP LOCAL WATER TRAINING/SCHOOL/MEETINGS 125.00 MRWA OPERATOR EQ EXPO-BESSE 249768 20140709 5315.6275 SCHOOLS/CONFERENCES/EXP LOCAL WATER TRAINING/SCHOOL/MEETINGS 125.00 MRWA OPERATOR EQ EXPO-ZIMMERMA 249768 20140709 5315.6275 SCHOOLS/CONFERENCES/EXP LOCAL WATER TRAINING/SCHOOL/MEETINGS 875.00 257917 7/9/2014 100374 PEPSI-COLA COMPANY 411.37 CMF-POP 00046895 249749 19660810 1540.6540 TAXABLE MISC FOR RESALE CMF BUILDINGS&GROUNDS MNTC 411.37 -- 257918 7/9/2014 700382 PILGRIM PROMOTIONS 8.79 CH-TSHIRTS 00045236 249750 15216 1060.6281 UNIFORM/CLOTHINGALLOWANCE MUNICiPAL BLDG&GROUNDS MNTC 8.79 AVCC-TSHIRTS 00045236 249750 15216 1900.6281 UNIFORM/CLOTHING ALLOWANCE AV COMMUNITY CENTER 8.79 ENG-TSHIRTS 00045236 249750 15216 1510.6281 UNIFORM/CLOTHING ALLOWANCE PW ENGINEERING&TECHNICAL 17.59 INSP-TSHIRTS 00045236 249750 15216 1400.6281 UNIFORM/CLOTHINGALLOWANCE INSPECTIONS MANAGEMENT 17.59 SHOP-TSHIRTS 00045236 249750 15216 1530.6281 UNIFORM/CLOTHINGALLOWANCE FLEET&BUILDINGS-CMF 13.19 NR-TSHIRTS 00045236 249750 75216 1520.6281 UNIFORM/CLOTHINGALLOWANCE NATURALRESOURCES 65.95 PK-TSHIRTS 00045236 249750 15216 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 61.55 STR-TSHIRTS 00045236 249750 15216 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 8.80 GOLF-TSHIRTS 00045236 249750 15216 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT 4.40 IA1-TSHIRTS 00045236 249750 15216 5205.6281 UNIFORM/CLOTHING AILOWANCE ARENA 1 MANAGEMENT 26.38 UTIL-TSHIRTS 00045236 249750 15216 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 26.38 UTIL-TSHIRTS 00045236 249750 15216 5305.6281 UNIFORM/CLOTHWGALLOWANCE WATERMGMT/REPORT/DATAENTRY 266.20 267919 7/9/2014 700316 POWER PLAN 61.00 STR-STD POCKET/CUTTER TOOTH/CA 249716 P03411 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE Supplier 101708 RDO EQUIPMENT CO 61.00 R55CKR2 L.._,�100 CITY OF APi eLLEY 7/1r 12:12:07 Council Check Register by GL Page- 17 Council Check Register and Summary 5/30/2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No • Inv No Account No Subledger Account Description Business Unit 257920 7/9/2014 733364 PREFERRED PLUMBING INC Continued... 407.50 AV045172 6275 147TH ST W REF 249752 3468 1001.4065 PERMIT-PLUMBWG GENERAL FUND REVENUE 2.50 AV045172 6275 147TH ST W REF 249752 3468 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 410.00 257921 7/9/2014 738459 PWF SOLUTIONS INC 138.22 REC-CLEANING CONCENTRATE 00075153 249715 16705 1850.6229 GENERAL SUPPLIES REC SOFTBALL 138.22 � 2b7922 7/9/2014 100673 RED WING SHOE STORE - 150.00 BOOTS-TIM BIBERDORF 00045232 249717 7240000005280 1510.6281 UNIFORM/CLOTHING ALLOWANCE PW ENGINEERING&TECHNICAL 150.00 BOOTS-PAT CASPERSON 00045232 249717 7240000005280 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMTlREPORTS/DATA ENTRY 300.00 257923 7/9/2014 745953 RYDER,LOGAN 90.00 REFUND LEAGUE ENTRY FEE 6/13 249786 1007670 1001.4356 RECREATION LEAGUE ENTRY FEES GENERAL FUND REVENUE 90.00 257924 7/9/2014 100428 SCHMITTY 8�SONS BUSES ' 190.00 REGBUS TO ZERO GRAVITY TRIP 00074567 249702 INV1679 1825.6249 OTHER CONTRACTUAL SERVICES REC SUMMER PLAYGROUND ACTIVITY I 190.00 I I 257926 7/9(2014 100829 SHAMROCK GROUP INC I 84.43 GOLF CO2/NITROGEN TANK RENTAD0051254 249756 1797358 5120.6310 RENTAL EXPENSE GOLF KITCHEN I 84.43 _ 257926 7/9/2074 179199 SHEPPARD,TINAA 72.00 REC-ADULT WATERCOLORS PAINTIp�774806 249719 20140709 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAL 108.00 REC-KID'S PAINTING FOR YOUTH 00074806 249720 20140709 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAI 180.00 I 257927 7/9/2074 101763 SY$CO MINNESOTA,INC 61.19 GOLF-KITCHEN SUPPLIES 00027785 249757 406282121 5120.6422 GOLF-KITCHEN SUPPLIES GOLF KITCHEN 560.65 REC-JCRP RESALE 00040384 249758 406250748 1$50.6540 TAXABLE MISC FOR RESALE REC SOFTBALL 395.92 POOL-RESALE 00040384 249759 406250Z46 1930.6540 TAXABLE MISC FOR RESALE REDWOOD POOL 1,322.01 SWIM-RESALE 00040384 249760 406240689 1940.6540 TAXABLE MISC FOR RESALE AQUATfC SWIM CENTER 2,339.77 257928 7/9/2014 145948 TAKEUCHI,PAM 170.00 JUNIOR LEAGUE REFUND 249761 20140630 5101.4715 GOLF 9 SR/JR REGULAR GOLF FUND REVENUES 170.00 R55CKR2 LOGIS100 CITY OF APPLE VALLEY 7/10/2014 12:12:07 Council Check Register by GL Page- 18 Councii Check Register and Summary 5/30l2014 - 7/11/2014 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 257928 7/9/2074 145948 TAKEUCHI,PAM Contlnued... 257929 7l9/2074 100469 TIERNEY BROTHERS 301.99 HCSC-AUDIO VISUAL SVC YOSEMIT�074909 249705 669217 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 301.99 257930 7/9/2014 100481 TRI-STATE BOBCAT INC 194.08 STR-TIRE&WHEEL 249722 P33632 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 194.08 257931 7/9/2014 100489 UNIFORMS UNLIMITED 24.10 POL-COLLAR LETTERS-C CURTIS 00074655 249703 208960 1200.6281 UNIFORM/CLOTHING ALLOWANCE POLICE MANAGEMENT 24.10 257932 7/9/2014 146947 UNIVERSITY OF MINNE30TA 70.95 PESTICIDE APPLIC STUDY MANUAL80073284 249714 20140709 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 70.95 257933 7/9/2014 127623 WATER TOWER CLEAN&COAT INC 5,200.00 EXT CLEANING,LONGRIDGE RESEf�U051507 249724 WT77730 5330.6735 CAPITAL OUTLAY-OTHER IMPROVEME WTR MAIN/HYDRANT/CURB STOP MNT 5,200.00 • 257934 7/9/2014 107012 WD LARSON COMPANIES LTD INC 131.50 FIRE-FILTERS 00035819 249762 B241750332 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 60.01- PK-FILTERS,CREDIT 00035819 249763 641670260 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 15.96 ENG-FILTERS 00035819 249764 8241690109 1510.6215 EQUIPMENT-PARTS PW ENGINEERING&TECHNICAL 128.24 STR-FILTERS 00035819 249764 6241690109 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 215.69 257935 7/9/2074 100296 WIRTZ BEVERAGE MIN-BEER INC 110.00 GOLF-KTN BEER 00011037 249765 1090248895 5120.6419 GOLF-BEER GOLF KITCHEN 110.00 20140543 5/30/2014 142702 BLUE CROSS BLUE SHIEL�OF MINNESOTA 23,271.00 30 COPAYAWARE 250076 A1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,516.00 30 COPAYAWARE(RETIREE) 250077 A2 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARWG BAL SHEET 3,866.00 30 COPAYAWARE(RETIREE) 250078 A3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,592.00 30 COPAYAWARE(RETIREE) 250079 A5 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 14,439.00 HRAAWARE 2500/5000 . 250080 F1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,253.00 HRAAWARE 4000/8000 250081 J1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 55,315.00 HSAAWARE 2500/5000 250082 K1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLE' �'G BAL SHEET � RS5CKR2 Lt,.,�3100 GTYOFAPP-. ,LLEY 7Hl 12:12:07 Council Check Register by GL Page- 19 Council Check Register and Summary 5/30/2014 -- 7/11/2014 Check# Date Amount Suppiier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20140543 5/30/2074 742702 BLUE CROSS BLUE SHIELD OF MINNESOTA Continued... 4,901.50 HSAAWARE 2500/5000(RETIREE) 250083 K3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 2,784.00 HSAAWARE 4000/8000 250084 L1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 4,081.50 30 COPAY ACCORD 250085 M1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 7,305.50 HRAACCORD 2500l5000 250086 S1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 2,179.50 HRAACCORD 4000/$000 250087 U1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 463.50 HRAACCORD 4000/8000(RETIREE) 250088 U3 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 39,451.00 HSAACCORD 2500/5000 250089 V1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 481.50 HSAACCORD 2500/500U 250090 V3 90002175 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 4,917.00 HSAACCORD 4000l8000 250091 W1 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLI CLEARING BAl SHEET 167,817.00 20140712 717/2014 102664 ANCHOR BANK 62,356.17 FEDERALTAXES PR 249767 140701B 9000.2111 ACCRUED FEDERAUFICA PAYROLLCLEARING BALSHEET 29,687.08 EMPLOYEE FICA 249767 140701 B 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 29,687.08 CITY SHARE FICA 249767 140701 B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 9,167.93 EMPLOYEE MEDICARE 249767 1407016 9000.2111 ACCRUED FEDERAUFICA PAYROLLCLEARING BAL SHEET 9,167.93 CITY SHARE M�DICARE 249767 1407016 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 140,066.19 20140713 7/8/2014 101671 MN DEPT OF REVENUE 114.44 DIESEL TAX-PARKS 250075 20140708 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 94.83 DIESEL TAX-STREETS 250075 20140708 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 16.36 DIESELTAX-WATER 250075 20140708 5345.6212 MOTOR FUELS/OILS WATER EQUIPNEHICLEfMISC MNTC 119.51 DIESEL TAX-SEWER 250075 20140708 5390.6212 MOTOR FUELS/OILS ` SWR EQUIPNEHICLE MISC MNTC/RP 345.14 1,668,740.31 Grand Total Payment Instrument Totals Checks 1,338,928.69 � `i� EFT Payments 308,228.33 /��`0 A/PACH Payment 21,583.29 O_ ` Total Payments 1,668,740.31 ( �t� 1�� . � ! R55CKS2 � .iS100 CITYOFAF. _. ✓ALLEY 7/1. _ i412:12:16 Council Check Summary Page- 1 5l30/2014 - 7/11/2014 Company Amount 01000 GENERAL FUND 44,548.94 02025 ROAD ESCROW FUND 1,003,250.09 02090 14200 CEDAR AVE-OLD CITY HALL 62.00 04750 ELECTRIC FRANCHISE 32,974.00 05000 LIQUOR FUND 232,503.89 05100 GOLF FUND 10,211.89 . 05200 ARENAFUND 57.04 05300 WATER&SEWER FUND 30,553.91 05500 STORM DRAINAGE UTILITY FUND 235.38 05800 STREET LIGHT UTIL FUND 709.98 07200 RISK MANAGEMENT/INSURANCE FUND 5,750.00 09000 PAYROLL CLEARING FUND 307,883.19 ReportTotals 1,668,740.31