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cp01-09-24HUTCHINSON A CITY ON PURPOSE. CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL MEETING Tuesday, January 9, 2024 4:30 p.m. Council Chambers — Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special meeting for Tuesday, January 9, 2024, at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: • Conduct City Administrator Performance Review � r Matthgwe-Jgunich DATED: January 4, 2024 POSTED: City Center HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 9, 2024 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Hunter's Ridge Community Church (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previous y reviewed or approved by the Council or staff 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Proclamation — One Book, One Community (b) Resolution No. 15684 — Resolution Accepting $2000.00 Donation from the Village Ranch to the Hutchinson Police Department Towards Future Equipment Purchases PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be acceptingpublic comments during the agenda item if not a ublic hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor —stateyour name and add public for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of December 19, 2023 CONSENT AGENDA (The items iste or consi eration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA I (a) Resolution No. 15681 - Appointing Matthew Jaunich as City Administrator for 2024 (b) Resolution No. 15682 - Designating Official Newspaper as Hutchinson Leader (c) Resolution No. 15683 - Designating Depositories of City Funds in Commercial Banks and Institutions (d) Selection of Council's Vice President — Chad Czmowski (e) Designation of Council Representatives to Boards & Commissions: AIRPORT COMMISSION — Gary Forcier CITY COUNCIL AGENDA January 9, 2024 2. HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (EDA) — Chad Czmowski and Pat May 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY (HRA) — Gary Forcier 4. LIBRARY BOARD — Tim Burley 5. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD — Chad Czmowski 6. PLANNING COMMISSION — Dave Sebesta 7. PUBLIC ARTS COMMISSION — Tim Burley 8. BICYCLE -PEDESTRIAN ADVISORY COMMITTEE — Pay May 9. SUSTAINABILITY BOARD — Pay May (f) Designation of Council Representatives to Other Standing Boards/Committees: I . MID-MINNESOTA COMMISSION — Dave Sebesta 2. JOINT PLANNING BOARD — Dave Sebesta 3. HUTCHINSON DOWNTOWN ASSOCIATION — Gary Forcier 4. FIRE RELIEF ASSOCIATION — Fire Chief Mike Schumann, City Administrator Matthew Jaunich, Mayor Gary Forcier 5. RESOURCE ALLOCATION COMMITTEE — Gary Forcier and Chad Czmowski 6. WAGE COMMITTEE — Pat May and Dave Sebesta 7. LABOR UNION NEGOTIATION COMMITTEE — Gary Forcier and Tim Burley 8. MARKETING AND BRANDING COMMITTEE — Tim Burley and Pat May (g) Designation of Council Representatives to Other Temporary Committees: 1. LAKES/RIVER BASIN STUDY TECHNICAL ADVISORY PANEL (TAP) — Gary Forcier and Chad Czmowski (h) Consideration for Approval of 2024 City Calendar (i) Consideration for Approval of Issuing Short -Term Gambling License to McLeod County Pheasants Forever on March 9, 2024, at McLeod County Fairgrounds (j) Consideration for Approval of Issuing Short -Term Gambling License to Hutchinson Rotary Foundation on April 11, 2024, at Art's Place (k) Consideration for Approval of Issuing Taxi License to Matt Reed of Quality Transportation (1) Consideration for Approval to Purchase Burtch Arena - East Rink Dasher Board Replacements from All American Arena Products (m)Affirmation of Board Appointments/Reappointments 1. Appointment of Ced Steinkraus to Senior Advisory Board to January 2027 2. Appointment of Jody Stoffels to Senior Advisory Board to January 2027 3. Reappointment of Mike McGraw to EDA Board to December 2029 2 CITY COUNCIL AGENDA January 9, 2024 (n) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. - NONE purpose o this portion o the agenda is to provide the Councilwith information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) 9. LIQUOR HUTCH YEAR END REPORT UNFINISHED BUSINESS NEW BUSINESS 10. APPROVE/DENY FIRST READING OF ORDINANCE NO. 24-846 — AN ORDINANCE AUTHORIZING SALE OF MUNICIPALLY -OWNED LAND TO HDC PROPERTIES LLC GOVERNANCE (T e purpose o t is portion of the agenda is to deal with organizational development issues, includingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 11. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Hutchinson Housing & Redevelopment Authority Board Minutes from November 21, 2023 MISCELLANEOUS 12. STAFF UPDATES 13. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON A CITY ON PURPOSE. PROCLAMATION Whereas: The City of Hutchinson believes connecting citizens as individuals in a common purpose is a powerful means of building a stronger community, Whereas: The City of Hutchinson believes strong communities create a stable and supportive society, Whereas: The City of Hutchinson believes citizens of all ages who feel a sense of belonging tend to lead happier and healthier lives, Whereas: The City of Hutchinson recognizes that the "One Book, One Community" choice of Matt Goldman's Carolina Moonset expands a sense of community through a wide-ranging discussion. Now, Therefore, I, Gary Forcier, Mayor of Hutchinson, Minnesota, do hereby proclaim the month of January 2024 as "One Book, One Community" Month IN WITNESS WHEREOF, I have hereunto set my hand this 9" day of January, 2024 Gary T. Forcier, Mayor City of Hutchinson, Minnesota CITY OF HUTCHINSON RESOLUTION NO. 15684 RESOLUTION ACCEPTING DONATION WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following persons or entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Donation Date Village Ranch Inc. $2,000.00 12/28/2023 WHEREAS, such a donation has been contributed to the City of Hutchinson Police Department towards future equipment purchases. WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donation described above is hereby accepted by the City of Hutchinson. Adopted by the City Council this 9th day of January 2024. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, DECEMBER 19, 2023 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that there are two items to add to the agenda. The first item is to consider the 2024 Southwest Metro Drug Task Force Joint Powers Agreement. The second item is to consider updated Earned Sick and Safe Leave and Sick Leave policies. Motion by Burley, second by Sebesta, to approve the agenda with the additional items noted. Motion carried unanimously. 2. INVOCATION — In lieu of an invocation, a moment of silence was held. (The invocation is a voluntary expression of theprivate citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staf59 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be acceptingpublic comments during the agenda item if not a public hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor —state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of December 12, 2023 Motion by May, second by Burley, to approve minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedjor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of 2024 License Renewals (b) Consideration for Approval of 2024 Invocation Schedule (c) Consideration for Approval of Issuing Caterer's Permit to J&N Schlagel Enterprises II on CITY COUNCIL MINUTES — December 19, 2023 January 12, 2024, at Hutchinson Event Center (d) Reappointment of Don Martinez to Hutchinson Utilities Commission to December 2028 (e) Claims, Appropriations and Contract Payments Motion by Czmowski, second by Sebesta, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. APPROVE/DENY ISSUING ON -SALE INTOXICATING LIQUOR LICENSE TO THE WINE LOUNGE, LLC, DBA WINE LOUNGE LOCATED AT 8 MAIN STREET NORTH Matt Jaunich, City Administrator, explained that the Wine Lounge LLC has applied for an on -sale intoxicating liquor license for a new restaurant being opened at 8 Main Street North. Owners of The Wine Lounge are Laura Longie and Erika Kellen. City code requires that a public hearing be held when a license is issued to a new establishment/new owners. No public comments were received. Motion by Czmowski, second by May, to close public hearing. Motion carried unanimously. Motion by May, second by Czmowski, to approve issuing on -sale intoxicating liquor license to The Wine Lounge LLC. Motion carried unanimously. MMUNICATIONS RE UESTS AND PETITIONS purpose o this portion o the agenda is to provide the ounci with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS NEW BUSINESS 9. APPROVE/DENY RESOLUTION NO. 15669 — ADOPTING THE 2024 CITY OF HUTCHINSON FEE SCHEDULE Justin Juergensen, Assistant Finance Director, presented before the Council. Mr. Juergensen explained that a few modifications have been made since the preliminary fee schedule was presented in October. Motion by Czmowski, second by May, to approve Resolution No. 15669. Motion carried unanimously. 10. APPROVE/DENY RESOLUTION NO. 15680 - RESOLUTION ADOPTING 2024 COMPENSATION PLAN, POSITION CLASSIFICATION TABLE AND PAY GRID EFFECTIVE 1 / 1 /2024 Kellie Wendland, Human Resource Director, presented before the Council. Ms. Wendland explained that the plan includes a small administrative adjustment for when first anniversary raises take effect to mirror the annual increase process. In addition, the Keystone Compass has been added 2 CITY COUNCIL MINUTES — December 19, 2023 to the resources used in the research process. The proposed 2024 pay grid included in the plan reflects a 6% adjustment to the 2023 pay grid rates. This market adjustment is recommended per the results of the research conducted by the wage committee. The results indicate that the 2023 pay grid adjustments in the public sector were higher than the 4% grid shift implemented for 2023. Based on this, the wage committee felt a 1 % "catch up" contribution was necessary, in addition to a 5% market adjustment for 2024, totaling the 6% shift. The position classification table reflects a title and grade change to the former Compost Coordinator position (now Compost Operations Supervisor that is recommended per the budgeting process. Ms. Wendland noted that this market increase adjusts the pay grid but does not result in comprehensive across the board market increases for all regular employees. Increases are only proposed for those employees whose pay would fall below the minimum of the pay grid as of January 1, 2024. Motion by Czmowski, second by May, to approve Resolution No. 15680. Motion carried unanimously. 11. APPROVE/DENY UPDATING APPENDIX A OF PAID ON CALL FIREFIGHTER COMPENSATION PLAN AS PREVIOUSLY ADOPTED IN RESOLUTION NO. 15545 Mike Schumann, Fire Chief, presented before the Council. Chief Schumann explained that during the processing of officer stipends for 2023, it was discovered that the stipend amounts proposed and approved by City Council were not what was intended by staff. To correct this, Appendix A of Resolution 15545 that was adopted in 2022 has been updated. Staff is requesting that the amounts in the updated Appendix A be retroactively applied for 2023. This pay effects officers and lieutenants to offset donated hours throughout the year for on -call coverage, various extra meetings, trainings and other projects completed annually. Motion by May, second by Forcier, to approve updated Appendix A of Paid On Call Firefighter Compensation Plan. Motion carried unanimously. 12. APPROVE/DENY 2024 ENTERPRISE FUND BUDGETS (a) Resolution No. 15670 — Resolution Approving 2024 Liquor Fund Budget �b) Resolution No. 15671 — Resolution Approving 2024 Water Fund Budget c) Resolution No. 15672 — Resolution Approving 2024 Wastewater Fund Budget Resolution No. 15673 — Resolution Approving 2024 Stormwater Fund Budget �d) e) Resolution No. 15674 — Resolution Approving 2024 Refuse Fund Budget (f) Resolution No. 15675 — Resolution Approving 2024 Compost Fund Budget Andy Reid, Finance Director, presented before the Council. Mr. Reid reviewed the 2024 proposed budgets for the enterprise funds which include the following funds: Liquor, Water, Wastewater, Storm Water, Refuse and Compost. Mr. Reid noted that some minor changes have been made to the budgets to include employee changes to the City's health and dental plans through open enrollment. In total, these funds will transfer $870,000 of excess profits into the general fund. Without these transfers, the City tax levy would need to increase by an additional 10.6% and the median home value would pay an additional $125.00 in city taxes for 2024. Mr. Reid also reviewed the reporting difference from the enterprise funds from governmental funds in that each fund's capital assets are depreciated over their useful lives. The depreciation expense on the profit and loss typically results in a net loss but it's important to note that depreciation is a non - cash expense and does not affect the fund's cash flow. Mr. Reid reviewed detailed information on each fund that was previously provided at a Council workshop and at the truth in taxation hearing. Motion by Czmowski, second by May, to approve Resolution No. 15670, 15671, 15672, 15673, 15674 and 15675. Motion carried unanimously. 13. APPROVE/DENY RESOLUTION NO. 15676 — RESOLUTION ADOPTING 2024 GENERAL FUND BUDGET CITY COUNCIL MINUTES — December 19, 2023 Andy Reid, Finance Director, presented before the Council. Mr. Reid noted that the proposed budget has not changed from what was presented at the truth in taxation hearing on December 5, 2023. A 9% tax levy increase is required to balance the proposed revenues and expenditures (down from a 121/( preliminary tax levy increase presented in September). LGA increased by $399,664 with 50% of that going into the general fund. Enterprise fund transfers increased $88,092 (Water fund transfer $20,000; Sewer fund transfer $30,000; HUC transfer $38,092). The hospital security program was eliminated with the hospital taking on the function internally. This resulted in a net budget savings of $28,920. Wages and benefits increased 3.7% (removed hospital security wages & benefits, health premiums increased 25% and a 6% inflationary shift in the pay grid). Vehicle and equipment fund was increased $25,000 to a total of $400,000 (annual funding need is approximately $700,000). Motion by May, second by Czmowski, to approve Resolution No. 15676. Motion carried unanimously. 14. APPROVE/DENY RESOLUTION NO. 15677 — RESOLUTION ADOPTING THE 2024 GENERAL FUND AND DEBT SERVICE FINAL TAX LEVIES Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the City must certify a final 2024 tax levy to McLeod County by December 28, 2023, for the general fund and debt service funds. In September, the Council certified a preliminary tax levy to McLeod County in the amount of $9,014,428 which represented a 9.3% increase over the 2023 tax levy. Since the preliminary levy, staff was able to reduce the general fund tax levy increase by 25% or $178,500. General fund changes made since September include eliminating the hospital security budget; increased water and sewer transfers to the general fund; removed requested position for Public Works; adjusted temporary labor assumptions for several departments; increased the pay grid inflationary shift from 4% to 6%; other wages & benefits updates increased the budget by $43,000; various supplies expenses were reduced by a total of $37,150; various service & charges expenses were reduced by $76,600 and interest earnings was increased $40,000 with higher earnings on investments and cash. Motion by May, second by Burley, to approve Resolution No. 15677 with a total final tax levy of $8,835,923. Motion carried unanimously. 15. APPROVE/DENY RESOLUTION NO. 15678 — RESOLUTION ADOPTING 2024 HRA FINAL TAX LEVY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the HRA's 2024 statutory levy limit is $278,410, however the HRA Board is requesting a lower levy of $165,000. This levy represents a 3.1% increase from the 2023 levy. Motion by May, second by Sebesta, to approve Resolution No. 15678 setting the HRA final tax levy amount at $165,000. Motion carried unanimously. 16. APPROVE/DENY RESOLUTION NO. 15679 — RESOLUTION ADOPTING 2024 EDA FINAL TAX LEVY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the EDA's 2024 statutory levy limit is $272,842 which is the amount the EDA Board is requesting. This levy represents a 5.7% increase over the 2023 levy. Motion by Czmowski, second by May, to approve Resolution No. 15679 setting the EDA final tax levy amount at $272,842. Motion carried unanimously. 17. APPROVE/DENY FIVE YEAR CAPITAL IMPROVEMENT PLAN Andy Reid, Finance Director, presented before the Council. Mr. Reid reviewed the five-year capital F1 CITY COUNCIL MINUTES — December 19, 2023 improvement plan (CIP). The CIP forecasts the City's capital expenditures over the next five years by department and potential funding sources. Mr. Reid noted that projects are not approved simply by being on the CIP and monies are not appropriated for the projects. Purchases over $50,000 require City Council approval which provides the Council an opportunity to discuss the proposed purchase in more detail. Mr. Reid also noted that the CIP is a fluid document that is updated periodically throughout each year. Some projects get pushed back to later years, some projects drop off and some projects move up in years depending on priorities and opportunities. Ultimately, the funding is a major factor in determining which projects get completed. Outside funding/donations may result in a project being moved up earlier than originally planned. In addition, the Facilities Committee, the Fleet Committee, and the Resource Allocation Committee continually review and shape the priorities of several major components within the CIP. Mr. Reid also shared information on other plans (Facility Plan, Playground Replacement Plan, Miscellaneous Infrastructure Maintenance Plan and the Equipment Replacement Plan) that are all considered and implemented into the CIP. Motion by Czmowski, second by Burley, to approve Five Year Capital Improvement Plan. Motion carried unanimously. 17.1 APPROVE/DENY 2024 SOUTHWEST METRO DRUG TASK FORCE JOINT POWERS AGREEMENT Tom Gifferson, Police Chief, presented before the Council. Chief Gifferson explained that the joint powers agreement before the Council renews the agreement for five years. A few changes include adding VCET grant -specific language to the Recitals, adding backup language for the Executive Director in Section 6.4.1 and adding the population resources as Section 9.3.1. Chief Gifferson provided information and membership on the Southwest Metro Drug Task Force. Motion by Czmowski, second by May, to approve 2024 Southwest Metro Drug Task Force Joint Powers Agreement. Motion carried unanimously. 17.2 APPROVE/DENY UPDATED EARNED SICK AND SAFE LEAVE AND SICK LEAVE POLICIES Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that in October, the Council approved policy updates to the City's vacation leave policy, earned sick and safe leave policy and bereavement leave policy. Mr. Jaunich noted that ESSL will become a new state law on January 1, 2024. As staff was working through this new requirement, it was realized that the policy regarding Earned Sick and Safe Leve needed to be updated to be more compliant with the law and staff felt the City would be better suited having the ESSL policy be separate from the sick leave policy. The ESSL meets state law requirements and the one significant change with the sick leave policy deals with an expansion of what employees can take time off for. These policies will replace the policies that were previously approved in October. Motion by Czmowski, second by May, to approve updated Earn Sick and Safe Leave Policy and Sick Leave Policy. Motion carried unanimously. GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, CITY COUNCIL MINUTES — December 19, 2023 policy development and governance process items.) 18. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS MISCELLANEOUS 19. STAFF UPDATES Matt Jaunich — Mr. Jaunich reminded everyone that there is no Council meeting next week as it was rescheduled to tonight. He also noted that with the Christmas holiday next week, garbage pick-up days will be pushed back one day. Mr. Jaunich also reminded the group that the main purpose of the Council/Mayor update portion of the agenda is for council members to provide updates of the boards/commissions they serve on. 20. COUNCIL/MAYOR UPDATE Mayor Forcier — Mayor Forcier provided an update from the HRA Board and noted that Park Towers will have some apartment vacancies early next year and they are currently hiring a housing specialist. He also noted that there are currently 30 houses for sale in the City of Hutchinson and a healthy housing market typically has 100+ houses for sale. Mayor Forcier also provided an update from the Airport Commission — an FBO is being sought and two new hangars have been constructed that will be for rent in the near future. New runway lights have been installed and the airport is open and operational. Mayor Forcier asked that with the start of 2024 board/commission updates be given by council members. ADJOURNMENT Motion by Burley, second by Czmowski, to adjourn at 6:40 p.m. Motion carried unanimously. I RESOLUTION NO. 15681 APPOINTING CITY ADMINISTRATOR FOR 2024 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the following appointment to the indicated executive office of the City of Hutchinson and compensation shall be continued as agreed upon by separate Council action: City Administrator Matthew Jaunich Adopted by the City Council this 91h day of January, 2024. Gary T. Forcier, Mayor ATTEST: Matthew Jaunich, City Administrator RESOLUTION NO. 15682 DESIGNATING OFFICIAL NEWSPAPER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, The Hutchinson Leader be designated the official newspaper during the calendar year of 2024 for the City of Hutchinson. Adopted by the City Council this 9t' day of January, 2024. Gary T. Forcier, Mayor ATTEST: Matthew Jaunich, City Administrator c HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Designation of Depositories of City Funds in Commercial Banks and Financial Agenda Item: Institutions Department: Finance LICENSE SECTION Meeting Date: 1/9/2024 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Per state statute, the city must annually designate its commercial banks and financial institutions as approved depositories for City funds and investments. The city currently utilizes one local bank and two investment brokers to conduct business. See attached resolution for the list of depositories. BOARD ACTION REQUESTED: Approve resolution 15683 designating depositories for City funds. Fiscal Impact: Funding Source: FTE Impact: Budget Change: Consen Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A CITY OF HUTCHINSON RESOLUTION NO. 15683 DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN COMMERCIAL BANKS AND FINANCIAL INSTITUTIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the following named banks and institutions, which are authorized to do a banking business and act as depositories in Minnesota, be and they hereby are designated depositories of the Public Funds of the City of Hutchinson in the County of McLeod, State of Minnesota, by the City Council of said City, for the term commencing January 1, 2024, for one year: CITIZENS BANK & TRUST COMPANY, HUTCHINSON, MN WELLS FARGO ADVISORS - MINNEAPOLIS, MN OFFICE OPPENHEIMER & CO, INC - MINNEAPOLIS, MN OFFICE Upon terms and conditions following, to -wit - THAT this designation is subject to the right of said City of Hutchinson, Minnesota to modify, vacate or revoke the same according to law, and also subject to any depository agreement executed pursuant to Minnesota Statutes, Section 118A and Section 427, and THAT the City Administrator and Finance Director are authorized to sign documents authorizing transfer of City of Hutchinson funds. BE IT FURTHER RESOLVED: THAT the Finance Director of the City of Hutchinson is hereby authorized and directed to deposit in said banks and institutions in special funds to be known as "City of Hutchinson" all monies that may come into his hands. BE IT FURTHER RESOLVED: THAT a copy of this resolution is to be filed by the Finance Director with each of the banks and institutions so designated. Adopted by the City Council this 9th day of January 2024. ATTESTED: Matthew Jaunich City Administrator Gary T. Forcier Mayor Boards and Commissions BOARD/COMMISSION MEETING DAY TIME PLACE Airport Commission 3rd Thursday 5:30 p.m. Airport Bicycle -Pedestrian Adv. 3rd Wednesday 2:00 p.m. City Center (Quarterly) City Council 2nd/4th Tuesday 5:30 p.m. Council Chambers EDA Finance Team 3rd Wednesday 11:30 a.m. Enterprise Center Fire Department 1st Monday 8:00 p.m. Fire Station HATS Joint Power Bd. As Needed 2:00 p.m. HATS Building EDA Board 4th Wednesday 11:30 a.m. Enterprise Center HRA Board 3rd Tuesday 7:00 a.m. City Center Hutch Downtown Assoc. Last Thursday 7:30 a.m. City Center Joint Planning Board 3rd Wednesday 5:30 p.m. City Center Library Board 4th Monday 4:30 p.m. Library PRCE Advisory Board 1st Monday 5:15 p.m. City Center Planning Commission 3rd Tuesday 5:30 p.m. City Center Police Commission 3rd Tuesday 4:45 p.m. E.O.C. Public Arts Commission 2nd Wednesday 5:30 p.m. Public Library Resource Allocation Comm. 3rd Tuesday 4:00 p.m. City Center Senior Advisory Board 4th Monday 10:00 a.m. Senior Center Sustainability Board 3rd Monday 5:30 p.m. City Center Utilities Commission Last Wednesday 3:00 p.m. Utilities Office *Any meetings that fall on a holiday are subject to change HUTCHINSON CITY COUNCIL HUTCHINSOP Request for Board Action A CITY ON PURPOSE. Agenda Item: Short -Term Gambling License - McLeod County Pheasants Forever Department: Administration LICENSE SECTION Meeting Date: 1/9/2024 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Melissa Starke Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The McLeod County Pheasants Forever organization has submitted a short-term gambling license application into administration for review and processing. The application is for an event the organization is holding on March 9, 2024, at the McLeod County Fairgrounds. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing a short-term gambling license to McLeod County Pheasants Forever on March 9, 2024. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: (may of 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151 Fax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance Chapter 114 and Minnesota Statutes Chapter 349 All applications are to be received at least 30 days before event in order to be considered Short Term Date(s) ; J/ 'Ll /ryC ' i - Information Name )Q D6ve-, Address where regular meeting are/'held Federal or State ID: i I ` I `'� '_2 q-Lq Fee: $30.00 —ask 1 ?� Phone Number City State zip Day and time of meetings? �- Kro C o- rm �1 �� & ' /jt Is this organization organized under the laws of the S+tarte/� f Minnesota? yes ❑ no 5h How long has the organization been in existence? L V jH,,,,ow may members in the organization? " 7� b What is the purpose of the organization? �i 4 - - V 1L + In whose custody will organization records be kept? IL Name Phone Number Address Ci!: State zil> Duly Authorized Officer of the Organization Information True Name Phone Number 11� en S �� ResidenceAddressCity (l State Birth: jziip ," A1 Date of Birth: / 0 / Place of . Month/day/year City State Have you ever been convicted of any crime other than a traffic , offense? ❑ yes 1� no If yes, explain: __ City of Hutchinson Application for Gambling Devices License Page 1 of 3 under Minnesota Statute True Name Residence Address Date of Birth: I / -3U / "l Place of Birth: Month/day/year Have you ever been convicted of any crime other than a traffic offense? V06-J5gI- 121 Phone Number ry State Zip i nko MP City State ❑ yes Vno If yes, explain: How long have you been a member of the organization? Game Information Location #1 f MC, ea . O�A �V Fe6 LA/I Name of locatio where game i6N be played j�, / [ �Phojne Number Address of location ivhere game will be played Citly II State nn zip C l Date(s) and/or day(s) gambling devices will be used:3zql "7 through % v!/1 7 — 6w AM Hours of the day gambling devices will be used: From `1 To Maximum number of player: J500 Will prizes be paid in money or merchandise? ❑ moneyinerchandise Will refreshments be served during the time the gambling Zes ices will be used? VI yes ❑ no hments? If ves, will a charge be made for such refres❑ no Game Information Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Date(s) and/or day(s) gambling devices will be used: through AM Hours of the day gambling devices will be used: From pM To Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? If yes, will a charge be made for such refreshments? ❑ yes ❑ no ❑ yes ❑ no Zip AM City of Hutchinson Application for Gambling Devices License Page 3 of 3 Officers of the Organization (i j necessary, list additional names on separate sheet fjWT lei f-5 `Pres i"Yx---� Name . ✓ r S'Qyi � it r �`i �1'L Title !V -55 J� 57D esidence Address City State zip n � Name L` 31;25- L. 4n kq �OI �G�� `a Title 55�� Residence Address of k-S City State zip U '(CU ✓e S U.p. ,-7 + �rrri �/' Title Name Rao ,e b�) C i rc i e SLA) 5-' 35-0 Residence Address City State zip Officers or Other Persons Paid for Services Information (i f -necessat list additional names on separate sheet) Name Title Residence Address City State zip Name Residence Address Name Residence Address Title City State Zip Title City State Zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager rA yes ❑ no Authorized Officer 0 yes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. of authorized officer of organization ofgamliling manager of organization Internal Use City Council ❑ approved ❑ denied Notes: Date Z �/ oz3 Date u HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. r Agenda Item: Short -Term Gambling Licenses - Hutchinson Rotary Foundation Department: Administration LICENSE SECTION Meeting Date: 1/9/2024 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Melissa Starke Reviewed by Staff ✓❑ consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The Hutchinson Rotary Foundation has submitted a short-term gambling license application into administration for review and processing. The application is for an event the organization is holding on April 11, 2024, at Art's Place. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to Hutchinson Rotary Foundation on April 11, 2024 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: fl ` HUTCHINSON A CITY ON PUSPOSE. 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151 Fax: (320) 2344240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance Chapter 114 and Minnesota Statutes Chapter 349 All applications are to be received at least 30 days before event in order to be considered 19 Short Term Date(s) Month/Dat /Year — MonthlDa ti/Year Information Fee: $30.00, 'cH I'm 5bh Ra ta v o(A+ opt Zko acdID- I.-g5' �y Name �Phone tvumber 1 O aI,it ✓�Y'p p 41orfh / d tr yDr / 1Y 3J Add here re lar meeting are held City State Zip ress w gu Federal or State ID: 3 $ Jf y / 93- Day and time of meetings? ar N 5 D1 I 1 y p Is this organization organized under the laws of the State of Minnesota? Ckyes ❑ no How long has the organization been in existence? .Z--yg& How may members in the organization? What is the purpose of the organization? 5 to r V ('G P In whose custody will organization records be kept? �a _ _ e�% yr,(1,�-�z�7 y863 Name Phone Number Address Cih, State zip Authorized Officer of the Organization Information True Name Phone Number O� 00 _ a i^Sba �_ 55350 Residence Address City State Zip Date of Birth: b Lki a�.0 i I Itete Place of Birth: b �` I ±h Month/daylyear City State Have you ever been convicted of any crime other than a traffic yes �)(no offense? If yes, explain: City of Hutchinson Application for Gambling Devices License Page 2 of 3 Desi..nated Gambling Manager Qualified under Minnesota Statute k349) True Name Phone Number Residence Address City 11State Zip Date of Birth: 0 l � o l % 0 4 Place of Birth: d WhTUN Al Month/day/year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes ❑ no If yes, explain: How long have you been a member of the organization? �� 'e 1''3 Game Information Location #11 l5 3A0 ^ a 31- -A 78 T r fi P114 Z Name of location where game will be played Phone Number 35- fst hvenyf 6k1 H ti►'hy0m A& J.5AJ;151"0 City Address of location where game will be played ty r . �' 0.X LI State Zip } through / r7IX Ll Date(s) and/or day(s) gambling devices will be used: From s % Q Al OU To ' r Hours of the day gambling devices will be used: _ Maximum number of player. 3 a� Will prizes be paid in money or merchandise? ❑,money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? di yes ❑ no Game Information Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From To _ Maximum number of player. Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ r-s ❑ no City of Hutchinson - Application for Gambling Devices License Page 3 of3 Officers of the Organi: feeI, Name list additional names on sE Resident Address Ben �ffeLk Mgh Name l eaa3UNei" Title Ph Af -3 f--4-9'D City State Zip ,of f r4- i' , ' Title Residence Address City State Zip �eah 1``RlfkeV eV" et- -!! sA p e-A'f 1 Name � Title tp Residence Address 01V State Zip Officers or Other Persons Paid for Services Name Residence Address Name Residence Address Name Residence Address list additional names on separate sheen Title City State Zip Title City State Zip Title Cio State Zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager Tg yes ❑ no Authorized Officer .yes ❑ no Initial nitial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. 0 - 03- -�o;.A Sig ature of authorized officer of organ +tion Date 1-3- zo,�-Lf Signature ofgamb manager of organization Date Internal Use Onl City Council 0 approved O denied Notes: HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Agenda Item: Taxi Service License - Quality Transportation Department: Administration LICENSE SECTION Meeting Date: 1/9/2024 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Melissa Starke Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Matt Reed of Quality Transportation has applied for a taxi service license with the City of Hutchinson. Mr. Reed has submitted the required documents to have the application considered and the required background investigation has been completed. BOARD ACTION REQUESTED: Approval of issuing taxi service license to Matt Reed of Quality Transportation Fiscal Impact: $ 0.00 Funding Source: 0 FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: ram• A CITY ON PURPOSE. 111 Hassan street southeast Hutchinson, MN 55350 (320)587-5151 Fax: (320) 234-4240 Business Information License Fee: $5.00 per taxi Number of taxi(s): Operating Year: —4 City of Hutchinson Application for Taxi Service License (Under Ordinance No.115) Business Name it LL3 Address A City "Stale Zip Checklist The following items need to be completed and/or attached in order for the applications tooVyes be processed: A schedule of proposed rates to be charged for license year ❑ no A certificate signed by competent and experienced mechanic (ordinance 115.06) 0 yes ❑ no Copy of insurance that meets or exceeds limits established in the ordinance: ❑ yes ❑ no Application fee paid in full (check or money order): yes ❑ no Application completed in full and signed: lu yes ❑ no - - I hereby certify that I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Taxicabs Ordinance No. 115 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. p� Signature of Applicant Only Police* I approved City ❑ approved PP1'oved ZAjcm,auvc nstr-i.a- ❑ denied Notes: ❑ denied Notes: ate ,'done by practice. not vcqull Gu wuc �4 c HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Approval To Purchase Burich Arena - East Rink Dasher Board Replacements from Agenda Item: All American Arena Products Department: PRCE LICENSE SECTION Meeting Date: 1/9/2024 Application Complete N/A Contact: Lynn Neumann/Randy Cad Agenda Item Type: Presenter: n/a Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: PRCE Department is seeking approval to buy new dasher boards for the East Rink at Burich Arena. This purchase is necessary to replace the current dasher boards which are over 27 years old and have exceeded their 20-year life expectancy. The City's Facility Committee has approved the plan to replace them in 2024. The attached quote from All American Arena Products includes the supply and installation of a Riley Sports Elite Series R6A 6" Aluminum Pre -Fabricated Dasher Board System. The scope of work for the dasher boards is summarized in the quote. The dimensions of the rink surface are 200 ft long by 85 ft wide with a 28 ft radius. There is a verbal agreement between the City and Hutch Hockey Association to pay for the additional cost of the drink rail on the East side of the rink, which will result in a $3,000 deduction. The City staff has decided to go with a full backer panel on the outside to maintain a cleaner look, prevent debris from entering the anchoring area, and make cleaning easier. PRCE staff has obtained quotes from All American Arena Products and Becker Arena Products, both of which are Sourcewell vendors. The City staff recommends signing the proposal and purchasing the dasher boards from All American Arena Products. The installation of the new dasher boards will take place after the spring ice and turf season at Burich Arena in 2024. If there are any questions, Randy Carter and Lynn Neumann will be present at the meeting. BOARD ACTION REQUESTED: City Council authorization to purchase Burich Arena - East Rink Dasher Board Replacements from All American Arena Products Fiscal Impact: $ 252,300.00 Funding Source: Facility Committee Funds FTE Impact: Budget Change: No Included in current budget: Yes 0 PROJECT SECTION: Total Project Cost: $ 252,300.00 Total City Cost: $ 252,300.00 Funding Source: Facility Committee Funds Remaining Cost: $ 0.00 Funding Source: N/A ALLAMERICAN ARENA PRODUCTS Date: December 13, 2023 Attention: Randy Hutchinson Event Center 900 Herrington St SW Hutchinson, MN 55350 Project: Dasher Boards Replacement System: R6A 6" Aluminum QUOTATION # SRDB231213.3 Dear Randy, 1414 S. r Avenue Albert Lea, MN 56007 (844) 231-2227 sean@allainericanareua.com QUOTATION Thank you for the opportunity to submit a quote to Supply and Install a Riley Sports Elite Series R6A 6" Aluminum Pre -Fabricated Dasher Board System. This is a renovation to an existing facility with a rink surface measuring 200 ft long by 85 ft wide, with a 28 ft radius. Summary of scope of work for both rinks by Riley Sports will include: FRAME • Panels to be welded aluminum with a mill finish. • Panels to be 42" high x 6" wide and typical 8 ft in length. ANCHORS • Existing 5/8" pre -cast anchors to be re -used. GATES • 4 — 30" player gates along the player boxes. • 2 — 30" penalty box gates with ice side push release buttons. • 3 — 36" access gates with ice side push release buttons. • 1 — 48" access gate with ice side push release button. • Hardware made of stainless steel. Fasteners are zinc plated. • Player and access gates to have adjustable hinges, as well as pivoting latch/catch assemblies. • 2 — 120" double leaf machine gates. • Machine gates have heavy duty adjustable hinges, heavy-duty spring -loaded caster wheels and sliding closure bars — all zinc plated steel. ALLAMERICAN ARENA PRODUCTS 1414 S. r Avenue Albert Lea, MN 56007 (844) 231-2227 scan@allamericanarena.com BOARD CLADDING • .500" thick white high -density polyethylene (HDPE) board facing. • .500" thick x 8" high HDPE kick plate, top edge routed to 3/8" radius. • .750" thick HDPE cap rail, front and back routed to 3/8" radius. • Color for cap rail and kick plate is TBD. (black and yellow/gold) • .375" thick black HDPE backer installed around the entire perimeter of the rink. Note: 12" high black HDPE backer installed along bleacher side of the rink. SHIELDING AND SUPPORTS • 6' high x .590" (15mm) thick seamless clear cast acrylic for the ends and radii. • 6' high x .590" (15mm) thick seamless clear cast acrylic for the sides of the rink, including in front and between the penalty and timekeeper boxes. • Acrylic along the spectator side to be optimized. • Polycarbonate H sleeves installed at each seam to prevent separation. • Sleeves to extend to 3" from the top of the glass. • No glass included for the fronts of the player boxes. • Glass in front of timekeeper boxes to have 3'/2" diameter speak hole. • Curved acrylic safety panels for glazing termination at player boxes. (qty of 4) PLAYERS, PENALTY AND TIMEKEEPER'S BOXES • Player boxes are to be approx. 30' long x 94" deep with 60" sidewalls and no back wall. • Penalty boxes are to be approx. 8' long x 94" deep with 60" sidewalls and no back wall. • Timekeeper's box to be approx. 8' long x 94" deep with 60" sidewalls and no back wall. • Water bottle shelves to be included for the front of the player and penalty boxes. • Timekeeper's table provided. PLAYERS, PENALTY AND TIMEKEEPER'S BOX - FLOORS • Raised wooden platforms installed throughout all boxes. • Raised coach's walkways included for player boxes. • 3/8" black rubber flooring loose laid on top of platforms and walkways. PLAYERS AND PENALTY BENCHES • Benches are 9 '/2" wide x 1 '/2" thick black plastic lumber fastened to steel support posts. • Support posts to be zinc plated steel. • Player box benches are to be approx. 24 ft long. • Penalty box benches are to be approx. 8 ft long. ALLAMERICAN ARENA PRODUCTS 1414 S. 4� Avenue Albert Lea, MN 56007 (844) 231-2227 sear@allaniericanarena.coni SPECTATOR NETTING • 12' high black nylon boundary netting installed around the ends, radii of the rink. • Netting to be attached to a steel conduit header suspended from the ceiling beams using aircraft cable and beam clamps. DRINK RAIL • 1" thick black HDPE drink installed around one end of the rink. • Drink rail to extend from goal line to goal line. (Approx. 90 linear feet) • Drink rail is supported using zinc plated steel brackets mounted to the back of the boards. BASE BID: TO SUPPLY & INSTALL Decline PAYMENT TERMS: All payment terms based on Credit Approval (O.A.C) - 40% due upon placement of order - Balance upon completion - Or, other mutually agreed upon terms. NOTES • Applicable taxes extra. • Shipping to site included. • Forklift and Genie Boom rental cost not included. • Removal of existing boards included. • Disposal of existing boards provided by owner. The above proposal is accepted: Accept $252,300.00 USD President/Owner/General Manager For All American Arena Products Name of Signee (please print) Date Date ALLAMERICAN ARENA PRODUCTS 1414 S. r Avenue Albert Lea, MN 56007 (844) 231-2227 scan@allamericanarena.com TERMS AND CONDITIONS 1. All sales of material or equipment by All -American Ice, LLC (DBA All -American Arena Products) ("All -American") are expressly conditioned upon the terms and conditions set forth below. Any additional or different terms or conditions set forth in any purchase order of the Buyer or in any similar such communication are hereby objected to by All -American and shall not be binding or effective unless expressly assented to in writing by an authorized representative of All -American. 2. SITE: The site must be accessible to a tractor -trailer and industrial forklift. All driveways to the rink slab/surface must support all necessary equipment. Power outlets with no less than a 30amp breaker must be within 50'of the rink slab/surface or a portable generator with a minimum of 5KW power rating. Prior to commencement, surface must be broom clean and work area will be free of all materials and debris. A dumpster (minimum size of 10 yards) and/or an area for trash must be available within 100' of the rink slab/surface so the installers can remove their debris. Delays or extra work and expenses caused by the site not being ready will be charged to the Purchaser. Concrete to be level within 1/8" in 10 ft. non- cumulative. 3. PRICE: Prices subject to receipt of final construction drawings and specifications. This quotation is based on the installation taking place from start to finish during the same trip. Re -mobilizing for any reason other than All -American Arena's own, will result in extra charges. 4. INSURANCE: Special insurance requirements are not included. 5. PERMITTING: Any applicable Permits and/or License Fees are not included, and Purchaser shall be responsible for obtaining the same. 6. COMPLETION: When job is completed or nearing completion, the Purchaser must be available for a final walk-through to inspect the installation with the All -American installation Supervisor. This will be the Purchaser's chance to formulate a final punch list of items left unfinished or needing to be changed. All items not listed on the punch list will not be considered a punch list item, and unless covered by All -American warranty, will be replaced at the Purchaser's expense. 7. DELAY: Notwithstanding the foregoing, should All -American be delayed in the commencement, prosecution or completion of the work by any cause beyond All -American's control and not due to any fault, neglect, act or omission on its part, then All -American shall be entitled to an extension of time to the extent necessary to remove any such cause of any delay and shall not be held liable for any damages for any delays caused by either the owner or general contractor or cause beyond the control of All -American. 8. WARRANTY: Except as to title, THERE ARE NO WARRANTIES, WRITTEN, ORAL, IMPLIED, OR STATUTORY relating to the described material or equipment which extend beyond that described in this paragraph. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. Any product warranties provided by All -American Arena Product suppliers shall be assigned to the Purchaser to the extent possible. 9. SECURITY: All -American retains a security interest in all the products covered in this agreement until all sales' terms have been met. 10. PAYMENT: Mutually agreed upon terms. Late payments are subject to a 1.5 percent per month or 18 percent annual finance charge. 11. LIMITED LIABILITY: All -American's liability on any claim for loss or damage arising out of this contractor from the performance or breach thereof or connected with the supplying of material or equipment hereunder, or its sale, resale, operation or use, whether based on warranty, contract, negligence or other grounds shall not exceed the price paid for such material or equipment or part thereof involved in the claim. All -American shall not in any event be liable for special or consequential damages including, but not limited to, loss of profits or revenue, liquidated damages, loss of use of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of the Buyer for such damages. 12. ATTORNEY'S FEES, JURISDICTION, AND VENUE: Purchaser agrees that making any purchases from All -American constitutes doing business in the state of MINNESOTA and that Buyer consents to the personal jurisdiction of the state and federal courts in MINNESOTA, unless elected otherwise by All -American. Purchaser agrees that the venue to resolve any and all disputes with All -American shall exclusively lie in the state or federal courts situated in Freeborn County, MINNESOTA. Buyer agrees that in the event of any legal action brought by or against All -American, the non -prevailing party shall pay to the prevailing party all costs and expenses incurred in connection with such action, including but not limited to attorney's fees (whether hourly or contingent), lien fees, court costs and any other costs of litigation or collection proceedings (including without limitation expert witness fees, deposition or court transcript fees, photocopy charges, and document vendor charges). 13. ONE-YEAR LIMITATION: Any and all claims brought by Purchaser against Seller shall be filed in one of the above referenced jurisdictions within one (1) year after the date of shipment or installation or it shall be deemed forever waived. 14. CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATES 12/22/23-1/9/24 Check Issue Date Check Number Payee Description Amount 12/15/2023 EFT EFTPS Payroll Report 11/26/23-12/9/23 79,968.44 12/15/2023 EFT MN Dept of Revenue Payroll Report 11/26/23-12/9/23 16,691.97 12/15/2023 EFT MNDCP Payroll Report 11/26/23-12/9/23 325.00 12/15/2023 EFT Child Support Payroll Report 11/26/23-12/9/23 1,102.90 12/15/2023 EFT UNUM Voluntary Insurance Payroll Report 11/26/23-12/9/23 383.34 12/15/2023 EFT PERA Payroll Report 11/26/23-12/9/23 78,690.34 12/15/2023 EFT Further HSA Payroll Report 11/26/23-12/9/23 15,671.43 12/15/2023 EFT Mission Square Payroll Report 11/26/23-12/9/23 4,479.87 12/15/2023 EFT VOYA Payroll Report 11/26/23-12/9/23 460.00 12/15/2023 114265 HART Payroll Report 11/26/23-12/9/23 330.73 12/15/2023 114266 LELS Union Dues Payroll Report 11/26/23-12/9/23 337.50 12/15/2023 114267 MNPEA Payroll Report 11/26/23-12/9/23 864.00 12/15/2023 114268 UNUM Life & ADD Insurance Payroll Report 11/26/23-12/9/23 906.95 12/29/2023 114269 HART Payroll Report 12/10/23-12/23/23 330.73 12/29/2023 114270 MNPEA Payroll Report 12/10/23-12/23/23 9.00 12/29/2023 EFT EFTPS Payroll Report 12/10/23-12/23/23 76,138.72 12/29/2023 EFT MN Dept of Revenue Payroll Report 12/10/23-12/23/23 14,832.88 12/29/2023 12/29/2023 EFT EFT MNDCP Child Support Payroll Report 12/10/23-12/23/23 Payroll Report 12/10/23-12/23/23 325.00 1,102.90 12/29/2023 EFT PERA Payroll Report 12/10/23-12/23/23 61,380.14 12/29/2023 EFT Further HSA Payroll Report 12/10/23-12/23/23 15,679.11 12/29/2023 EFT Mission Square Payroll Report 12/10/23-12/23/23 4,491.16 12/29/2023 EFT VOYA Payroll Report 12/10/23-12/23/23 460.00 12/29/2023 114271 UNITED WAY OF MCLEOD COUNTY ANNUAL CONTRIBUTIONS 248.00 1/2/2024 114272 ARTHUR J GALLAGHER RISK INSURANCE BROKER FEE 1/1- 6/30-24 8,750.00 1/2/2024 114273 FURTHER HSA/FSA ADM FEES 344.70 1/2/2024 114274 LEAGUE OF MN CITIES -INS TRUST INSURANCE PREMIUMS 1/1- 3/31-24 72,851.00 1/2/2024 114275 MICHIGAN DEPARTMENT OF AGRICULTURE 2024 FERTILIZER LICENSE RENEWAL- CREEKSIDE 125.00 1/2/2024 114276 MINNESOTA DEPT OF AGRICULTURE 2024 PRODUCT RENEWAL- CREEKSIDE 1,500.00 1/2/2024 114277 RAMAKER & ASSOCIATES INC CEMETERY SOFTWARE 2,650.00 1/2/2024 114278 UNUM LIFE INSURANCE CO OF AMERICA COBRA/RETIREE BILLING 3,010.16 1/9/2024 114279 A & L INVESTMENTS UB REFUND 19.92 1/9/2024 114280 A R ENGH HEATING & AIR CONDITIONING SCBA ROOM FLOOR DRAIN - FIRE 440.00 1/9/2024 114281 ACC MIDWEST TRANSPORTATION LLC REFUND: HANGAR OVERPAYMENT 190.00 1/9/2024 114282 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 514.47 1/9/2024 114283 ACE HARDWARE - 1790 BATTERIES, SUPPLIES, TAPE - FIRE 175.58 1/9/2024 114284 ACE HARDWARE - 1825 POST, BAIT, CLEANER - POLICE 20.75 1/9/2024 114285 ALLINA HEALTH SYSTEM ALLINA MEDICAL EDUCATION - FIRE 847.53 1/9/2024 114286 AMERICAN LEGAL PUBLISHING CORP 2024 WEB HOSTING FEE -CITY ADM IN 450.00 1/9/2024 114287 ARTISAN BEER COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 622.28 1/9/2024 114288 ASCAP MOVIE LICENSING FOR SENIOR ACTIVITIES 434.00 1/9/2024 114289 AUTO VALUE - GLENCOE HATS SHOP SUPPLIES 422.80 1/9/2024 114290 AUTO-CHLOR SYSTEM CONTRACTUAL R&M - SR DINING 275.79 1/9/2024 114291 B & C PLUMBING & HEATING INC REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 2,462.96 1/9/2024 114292 BELLBOY CORP COST OF GOODS SOLD - LIQUOR HUTCH 5,019.98 1/9/2024 114293 BELOW ZERO HOLIDAY PARTY GIFT CARD 25.00 1/9/2024 114294 BERNICK'S COST OF GOODS SOLD - LIQUOR HUTCH 1,379.43 1/9/2024 114295 BOLTON & MENK INC PROFESSIONAL SERVICES - OTHER 43,486.00 1/9/2024 114296 BRADY STAMER UB REFUND 57.53 1/9/2024 114297 BREAKTHRU BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 24,368.35 1/9/2024 114298 BRIGHTLY SOFTWARE INC BUILDING DEPARTMENT SOFTWARE 1,691.95 1/9/2024 114299 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 38,166.98 1/9/2024 114300 CASH DRAWER #4 PETTY CASH RECONCILIATION 30.00 1/9/2024 114301 CDW GOVERNMENT INC PD NETWORK 9,666.75 1/9/2024 114302 CENTRAL HYDRAULICS REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 4,229.05 1/9/2024 114303 CENTRAL MCGOWAN HATS WELDING SUPPLIES 255.86 1/9/2024 114304 CHAD KARG UB REFUND 10.59 1/9/2024 114305 CINTAS CORPORATION SUPPLIES & SERVICE - MULTIPLE DEPTS 398.36 1/9/2024 114306 COALITION OF GREATER MN CITIES 2024 GENERAL DUES ASSESSMENT 32,082.00 1/9/2024 114307 CONNIE DAVIS UB REFUND 18.94 1/9/2024 114308 CORE & MAIN LP 4' BLUE HYDRANT MARKER - WATER 268.42 1/9/2024 114309 CRAIG RAPP LLC 2024 LEADERSHIP DVP PROGRAM - CITY ADMIN 1,600.00 1/9/2024 114310 ICREEKSIDE SOILS JOPERATING SUPPLIES - PARKS 544.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATES 12/22/23-1/9/24 Check Issue Date Check Number Payee Description Amount 1/9/2024 114312 CROW RIVER OFFICIALS ASSN OFFICIATING - REC 90.00 1/9/2024 114313 CROW RIVER PRESS INC PRINTING, FORMS - MULTIPLE DEPTS 171.02 1/9/2024 114314 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 831.60 1/9/2024 114315 DAHLHEIMER BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 62,391.81 1/9/2024 114316 DELL MARKETING LP DELL MONITORS - IT 653.18 1/9/2024 114317 DESIGN ELECTRIC INC REPAIR & MAINTENANCE SUPPLIES - LIBRARY 403.38 1/9/2024 114318 DOSTAL ELECTRONIC'S CENTER REPAIR & MAINTENANCE SUPPLIES - REC BLDG 49.95 1/9/2024 114319 DUSTIN CARLSON UB REFUND 2.08 1/9/2024 114320 DWIGHT CLARK UB REFUND 126.29 1/9/2024 114321 ECOLAB PEST ELIMINATION PEST CONTROL- POLICE 100.00 1/9/2024 114322 ELECTRO WATCHMAN 2024 FIRE/SECURITY ALARM SERV - MULTIPLE DEPTS 11,387.50 1/9/2024 114323 ESRI INC ARCGIS - MULTIPLE DEPTS 9,671.00 1/9/2024 114324 EVAN LUDOWESE UB REFUND 146.65 1/9/2024 114325 EWERT BROS INC TELEVISING - MULTIPLE DEPTS 500.00 1/9/2024 114326 FARM -RITE EQUIPMENT 2023 BOBCAT 52" ANGLE BROOM - PARKS 6,380.85 1/9/2024 114327 FASTENAL COMPANY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 497.42 1/9/2024 114328 FIRST CHOICE FOOD & BEVERAGE SOLUTI HATS COFFEE 405.00 1/9/2024 1/9/2024 114329 114330 FORESTEDGE WINERY FOSTER MECHANICAL COST OF GOODS SOLD - LIQUOR HUTCH HEATER INSTALL, SUPPLIES - MULTIPLE DEPTS 264.00 10,155.19 1/9/2024 114331 FUZE LOGISTICS SERVICES USA INC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 3,400.00 1/9/2024 114332 GALLS LLC UNIFORMS CLASS A - FIRE 218.98 1/9/2024 114333 GARAGE DOOR STORE CONTRACTUAL R&M - PARKS 2,386.06 1/9/2024 114334 GAVIN, JANSSEN & STABENOW LTD SERVICES 11-30-23 - LEGAL 3,700.00 1/9/2024 114335 GMPT 2024 GMPT MEMBERSHIP FEE - PARK & REC 250.00 1/9/2024 114336 GOODPOINTE TECHNOLOGY INFRASTRUCTURE MGMT SOFTWARE - STREETS 7,120.00 1/9/2024 114337 GRAINGER EQUIPMENT PARTS - MULTIPLE DEPTS 1,192.23 1/9/2024 114338 GRANITE ELECTRONICS INC OFFICER LAPEL MIC - FIRE 248.28 1/9/2024 114339 GREEN EARTH LAWN CARE INC LAWN SERVICE, GLEN STREET - MULTIPLE DEPTS 596.25 1/9/2024 114340 HACH COMPANY LAB SUPPLIES - WWTP 145.58 1/9/2024 114341 HANSEN GRAVEL INC SNOW HAUL RETAINER FEES - STREETS 2,850.00 1/9/2024 114342 HANSON & VASEK CONSTRUCTION SNOW HAUL RETAINER FEES - STREETS 715.00 1/9/2024 114343 HARPER BROOMS HATS SUPPLIES 449.20 1/9/2024 114344 HAWKINS INC CHLORINE TANKS FOR AQUATIC CENTER 80.00 1/9/2024 114345 HILLYARD / HUTCHINSON MISC OFFICE/CLEANING SUPPLIES - MULTIPLE DEPTS 5,997.35 1/9/2024 114346 HJERPE CONTRACTING CONTRACTUAL R&M - MULTIPLE DEPTS 11,605.00 1/9/2024 114347 HOFFMAN ELECTRIC MN LLC CONTRACT REPAIR & MAINT - PARKS 2,447.95 1/9/2024 114348 HOISINGTON KOEGLER GROUP INC DOWNTOWN PLAN INVOICE 1,483.75 1/9/2024 114349 HOLT-PETERSON BUS SR. CENTER TRIP EXPENSE 925.00 1/9/2024 114350 HUTCHINSON AREA CHAMBER OF COMMERCE 2024 BASIC LEVEL MEMBERSHIP 3,000.00 1/9/2024 114351 HUTCHINSON CHAMBER & TOURISM NOV 2023 LODGING TAX 8,988.12 1/9/2024 114352 HUTCHINSON LEADER NEWSPAPER ADVERTISING - MULTIPLE DEPTS 3,428.54 1/9/2024 114353 HUTCHINSON UTILITIES UTILITIES - MULTIPLE DEPTS 88,974.28 1/9/2024 114354 HUTCHINSON WHOLESALE #1550 REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 377.56 1/9/2024 114355 HUTCHINSON WHOLESALE #1552 REPAIR & MAINTENANCE SUPPLIES - PARKS 69.64 1/9/2024 114356 HUTCHINSON, CITY OF WATER & SEWER BILL - MULTIPLE DEPTS 1,253.31 1/9/2024 114357 IMS-INDUSTRIAL MAINTENANCE SUPPLIES REPAIR & MAINTENANCE SUPPLIES - WWTP 107.14 1/9/2024 114358 INNOVATIVE FOAM REFUND: DAMAGE DEPOSIT BALANCE - EDA 153.75 1/9/2024 114359 ISD423/PRCE WINTER/SPRING PRCE BROCHURE 2,597.11 1/9/2024 114360 JAY MALONE MOTORS CONTRACTED AUTOMOTIVE R&M - PARKS 125.87 1/9/2024 114361 JETTA MYLLYKANGAS UB REFUND 134.04 1/9/2024 114362 JMS CONCRETE CONTRACTED R&M - WATER/SEWER LINES 1,650.00 1/9/2024 114363 JOHNSON BROTHERS LIQUOR CO COST OF GOODS SOLD - LIQUOR HUTCH 19,567.35 1/9/2024 114364 J U U L CONTRACTI NG CO SNOW CONTRACT RETAINER - STREETS 1,900.00 1/9/2024 114365 KAHL, DENNIS MOWING - STORM WATER 325.00 1/9/2024 114366 KERI'S CLEANING & HANDYMAN SERVICES CONTRACTED JANITORIAL- MULTIPLE DEPTS 5,229.06 1/9/2024 114367 KOSEK, JEFFREY SNOW HAUL CONTRACT RETAINER - STREETS 950.00 1/9/2024 114368 KRANZ LAWN & POWER REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 1,544.81 1/9/2024 114369 L & P SUPPLY CO REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 923.87 1/9/2024 114370 LAWSON PRODUCTS INC HATS TOOLS 347.29 1/9/2024 114371 LDF LDF DUES FOR 2 - POLICE 304.00 1/9/2024 114372 LEAGUE OF MN CITIES -INS TRUST CLAIM #328088 - STORMWATER 225.00 1/9/2024 114373 LOGIS NETWORK, LICENSES, TOKENS - IT 960.56 1/9/2024 114374 I LPT ENTERPRISES LLC ICREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 1,060.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATES 12/22/23-1/9/24 Check Issue Date Check Number Payee Description Amount 1/9/2024 114375 LUEDTKE CONTRACTING LLC CONTRACTUAL R&M - PARKS 3,500.00 1/9/2024 114376 MACQUEEN EQUIPMENT WW648W PARTS- WWTP 195.13 1/9/2024 114377 MARCELLE & ERNEST DAPPER UB REFUND 16.03 1/9/2024 114378 MARCO TECHNOLOGIES LLC PRINTING CONTRACTS- MULTIPLE DEPTS 26,258.66 1/9/2024 114379 MARCO TECHNOLOGIES LLC PRINTING CONTRACTS- MULTIPLE DEPTS 1,749.67 1/9/2024 114380 MARY LYNNE COX UB REFUND 12.55 1/9/2024 114381 MASONIC TEMPLE LODGE 59 SIGN & AWNING GRANT - EDA 1,031.74 1/9/2024 114382 MATT ALVEY ENERGY TREE REFUND 15.00 1/9/2024 114383 MAVERICK WINE COST OF GOODS SOLD - LIQUOR HUTCH 539.02 1/9/2024 114384 MCLEOD COUNTY HHW RECYCLING - MULTIPLE DEPTS 53.50 1/9/2024 114385 MEEKER COUNTY SHERIFF'S OFFICE PROCESS SERVICE - LEGAL 80.00 1/9/2024 114386 MENARDS HUTCHINSON REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 1,579.23 1/9/2024 114387 MILK AND HONEY CIDERS COST OF GOODS SOLD - LIQUOR HUTCH 2O6.00 1/9/2024 114388 MINI BIFF 10/10 - 12/7 RENTAL @ COMPOST 122.91 1/9/2024 114389 MINNESOTA CHIEFS OF POLICE MEMBERSHIP RENEWAL- POLICE 477.00 1/9/2024 114390 MINNESOTA DEPT OF AGRICULTURE 2024 LICENSE RENEWAL- STREETS 20.00 1/9/2024 114391 MINNESOTA DEPT OF HEALTH FBL-1145-814 2024 LICENSE RENEWAL- REC 765.00 1/9/2024 1/9/2024 114392 114393 MINNESOTA RECREATION & PARK ASSN MINNESOTA SAFETY COUNCIL 2024 MRPA MEMBERSHIPS - PARK & REC MN SAFETY COUNCIL ANNUAL MEMBERSHIP FEES 2,155.00 665.00 1/9/2024 114394 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 2,613.00 1/9/2024 114395 MISYS INC MISYS MFG - CREEKSIDE SOFTWARE 1,620.00 1/9/2024 114396 MN STATE FIRE DEPT ASSN MSFDA MEMBERSHIP - FIRE 450.00 1/9/2024 114397 MORGAN CREEK VINEYARDS COST OF GOODS SOLD - LIQUOR HUTCH 2O1.60 1/9/2024 114398 MPPOA MPPOA DUES FOR 2 - POLICE 140.00 1/9/2024 114399 M-RSIGN SIGN REPAIR MATERIALS -STREETS 411.90 1/9/2024 114400 MRPA MRPA ANNUAL MEETING - PARK & REC 207.00 1/9/2024 114401 NEOTREKS MONTHLY PLOW OPS SUBSCRIPTION - STREETS 5,880.00 1/9/2024 114402 NORTH CENTRAL LABORATORIES LAB SUPPLIES - WWTP 120.80 1/9/2024 114403 NORTHERN ELECTRICAL SOLUTIONS LLC STATION LIGHT REPAIR AND INSTALL- FIRE 474.96 1/9/2024 114404 ODP BUSINESS SOLUTIONS LLC SUPPLIES - HATS 210.22 1/9/2024 114405 OLD DOMINION BRUSH CO INC EQUIPMENT PARTS - MULTIPLE DEPTS 4,455.17 1/9/2024 114406 O'REILLY AUTO PARTS REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 204.41 1/9/2024 114407 OVERHEAD HOIST & CRANE SPECIALISTS 5 TON HOIST & SCISSOR LIFT - HATS 487.50 1/9/2024 114408 PARK NICOLLET CLINIC JAN 2024 CAM - EV CTR 1,500.00 1/9/2024 114409 PAULSON, JOHN REIMB: LMC TASK FORCE - STORM WATER 20.00 1/9/2024 114410 PAUSTIS WINE COMPANY COST OF GOODS SOLD - LIQUOR HUTCH 479.00 1/9/2024 114411 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 4,413.43 1/9/2024 114412 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 40,180.64 1/9/2024 114413 PLUNKETTS PEST CONTROL PEST CONTROL - ARENA 86.52 1/9/2024 114414 PORTFOL SOFTWARE PORTFOL SOFTWARE - MULTIPLE DEPTS 2,275.00 1/9/2024 114415 POSTMASTER POSTAGE - SR CTR 132.00 1/9/2024 114416 PRECAST SYSTEMS CONTRACTUAL R&M - PARKS 3,129.00 1/9/2024 114417 QUALITY FLOW SYSTEMS ANNUAL LIFT PUMP INSPECTIONS - WWTP 4,325.52 1/9/2024 114418 R & R EXCAVATING IMPROV OTHER THAN BUILDINGS - WWTP 46,482.30 1/9/2024 114419 RACO MANUFACTURING & ENGINEERING CO BACKUP TOWER ALARMS - WATER 1,350.00 1/9/2024 114420 RAHN PAINTING & CONTRACTING LLC CONTRACTED SNOW REMOVAL -STREETS 5,500.00 1/9/2024 114421 RD MACHINE REFUND: DAMAGE DEPOSIT BALANCE - EDA 97.72 1/9/2024 114422 REINDERS CHEMICALS & CHEMICAL PRODUCTS - PARKS 3,380.47 1/9/2024 114423 REINER ENTERPRISES INC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 15,917.50 1/9/2024 114424 RIGID HITCH MS113TPARTS -STREETS 96.76 1/9/2024 114425 ROGOTZKE, AMY REIMB: GYMNASTICS EQUIPMENT - REC 1,000.00 1/9/2024 114426 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS 641.42 1/9/2024 114427 S&STRUCKING LLC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 8,350.00 1/9/2024 114428 SAM'S TIRE SERVICE TIRES - POLICE 639.12 1/9/2024 114429 SCHAEFFER MFG CO MOTOR FUELS & LUBRICANTS - WWTP 1,492.50 1/9/2024 114430 SCHLAUDERAFF IMPLEMENT CO MA055A PARTS -AIRPORT 859.00 1/9/2024 114431 SEPPELT, MILES REIMB RIDGEWATER MTG - EDA 64.19 1/9/2024 114432 SHAW, KAREN PILATES/YOGA INSTRUCTION - SR CTR 90.00 1/9/2024 114433 SHORT-ELLIOT-HENDRICKSON INC PROFESSIONAL SERVICES - MULTIPLE DEPTS 24,287.02 1/9/2024 114434 SITEONE LANDSCAPE SUPPLY CHEMICALS & CHEMICAL PRODUCTS - PARKS 1,700.95 1/9/2024 114435 SMALL LOT MN COST OF GOODS SOLD - LIQUOR HUTCH 815.42 1/9/2024 114436 SNAP -ON INDUSTRIAL HATS TOOLS 806.18 1/9/2024 114437 ISOIL CONTROL LAB FINISHED COMPOST STA FOR CELL 7 - CREEKSIDE 1,137.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATES 12/22/23-1/9/24 Check Issue Date Check Number Payee Description Amount 1/9/2024 114438 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 23,484.84 1/9/2024 114439 SOUTHWEST MN CHAPTER OF ICC 2024 MEMBERSHIP DUES - BLDG INSP 150.00 1/9/2024 114440 STANDARD PRINTING-N-MAILING UB BILLS, POSTAGE, SUPPLIES - MULTIPLE DEPTS 2,536.38 1/9/2024 114441 STAPLES ADVANTAGE OFFICE SUPPLIES -MULTIPLE DEPTS 282.12 1/9/2024 114442 STAR TRIBUNE SUBSCRIPTIONS - MULTIPLE DEPTS 693.09 1/9/2024 114443 SYLVESTER CUSTOM GRINDING INC BRUSH MULTCH, GROUND LOGS - CREEKSIDE 12,592.02 1/9/2024 114444 TALL SALES COMPANY NOV 2023 CREEKSIDE COMMISSIONS 2,667.98 1/9/2024 114445 THOMAS GAUVAIN UB REFUND 145.04 1/9/2024 114446 THOMPSON, MITCHELL REIMB SAFETY FOOTWEAR - STREETS 225.00 1/9/2024 114447 TIM & LAURIE HACKER UB REFUND 15.49 1/9/2024 114448 TITAN MACHINERY MIRROR 47972721 FOR LOADER 955 - CREEKSIDE 156.00 1/9/2024 114449 TRUE BRANDS COST OF GOODS SOLD - LIQUOR HUTCH 252.60 1/9/2024 114450 UNITED FARMERS COOP HATS FUEL 41,830.64 1/9/2024 114451 VERIZON WIRELESS PHONE SERVICES - MULTIPLE DEPTS 3,713.17 1/9/2024 114452 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 28,930.70 1/9/2024 114453 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 789.05 1/9/2024 114454 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 2,159.25 1/9/2024 1/9/2024 114455 114456 WASTE MANAGEMENT OF WI -MN WELTER, JORDAN 12/1- 12/15 RESIDENTIAL REFUSE REIMB: SAFETY FOOTWEAR - CREEKSIDE 7,954.06 225.00 1/9/2024 114457 WIDSETH SMITH NOLTING &ASSOC INC GRANDSTAND RENOVATION 853.75 1/9/2024 114458 WINE MERCHANTS INC COST OF GOODS SOLD - LIQUOR HUTCH 5,209.52 1/9/2024 114459 ZEP SALES AND SERVICE HATS SHOP SUPPLIES 949.27 Total - Check Register A: I I $ 1,292,831.72 Department Purchasing Card Activity - November 2023 Date Department Vendor Name Description Amount 11/30/2023 CREEKSIDE SPS COMMERCE Oct 2023 SPS fees; UH & Bomgaars $269.95 11/17/2023 CREEKSIDE PAYPAL *KTRITZGOLF C Meuffels MNCC conference registration $45.00 11/5/2023 CREEKSIDE SUNCTRYAIR U17DQB A Kosek airfare round trip to USCC conference $368.80 11/5/2023 CREEKSIDE SUNCTRYAIR U17DQB C Meuffels airfare round trip to USCC conference $368.80 11/5/2023 CREEKSIDE HILTON HOTELS A Kosek hotel stay deposit for USCC conference $202.50 11/5/2023 CREEKSIDE HILTON HOTELS C Meuffels hotel stay deposit for USCC conference $202.50 11/3/2023 CREEKSIDE PARK N FLY RESERVATIONS MSP airport parking for USCC conference $43.33 11/3/2023 CREEKSIDE PARK N FLY RESERVATIONS MSP airport parking for USCC conference $43.32 11/3/2023 CREEKSIDE US COMPOSTING COUNCIL A Kosek USCC conference registration $441.00 11/3/2023 CREEKSIDE US COMPOSTING COUNCIL C Meuffels USCC conference registration $441.00 11/3/2023 CREEKSIDE AMAZON PC Monitor stand $49.49 11/2/2023 CREEKSIDE AMAZON Sit/stand PC stand $290.99 11/20/2023 EDA FACEBK MDZ98VKYT2 FaceBook Advertising (Enterprise Center) $75.00 11/16/2023 EDA JIMMYS PIZZA Finance Team lunches $95.16 11/5/2023 EDA AMFA - CMMA - TSMA CMMA CTE Jamboree $30.00 11/2/2023 EDA HUTCHINSON ACE HARDWARE Oil for snowblower $8.62 11/30/2023 FINANCE EZBUSINESS FEE Credit Card Service Fee $15.00 11/30/2023 FINANCE AMAZON Amazon credited Nov/washed Dec ($59.10) 11/19/2023 11/16/2023 FINANCE FINANCE AMAZON AMAZON City Center- Brochure holders City Center - Paper coffee cups $14.39 $218.96 11/6/2023 FINANCE AMAZON DMV - pens and footprint decals $41.80 11/5/2023 FINANCE AMAZON HR - Wall calendar $23.49 11/2/2023 FINANCE WAL-MART #1738 Admin - Snacks for employee benefits meetings $61.20 11/28/2023 FIRE CTECHMANUFACTURING.COM NEW command vehicle Rear storage comp. $826.47 11/19/2023 FIRE MSP AIRPORT PARKING Travel, parking NFPA conference in Boston $120.00 11/14/2023 FIRE LOGAN EXPR ONLINE TKTS Travel, bus ticket NFPA conference in Boston $9.00 11/9/2023 FIRE WAL-MART#1738 NEW Command Vehicle I -pad case $71.00 11/5/2023 FIRE CASH WISE FOODS Coffee and kitchen supplies $43.96 11/2/2023 FIRE AED SUPERSTORE AED durable case $141.33 11/5/2023 IT AMAZON Cable box for front conference room $39.00 11/5/2023 IT AMAZON Backup Tapes $109.98 11/1/2023 IT MENARDS HUTCHINSON MN HDMI Cable for front conference room $7.54 11/1/2023 IT AMAZON Backup Tapes $274.95 11/23/2023 LIQUOR HUTCH SUBWAY Staff lunches Thanksgiving $207.19 11/22/2023 LIQUOR HUTCH MENARDS HUTCHINSON MN replacement batteries door chime $4.32 11/21/2023 LIQUOR HUTCH HOP WTR FAIRE non alcoholic item for resale $288.00 11/17/2023 LIQUOR HUTCH MENARDS HUTCHINSON MN cleaning supplies $10.77 11/16/2023 LIQUOR HUTCH RITE monthly cloudretailer fee $268.44 11/15/2023 LIQUOR HUTCH AMAZON cleaning and operating supplies $286.69 11/12/2023 LIQUOR HUTCH AMAZON bathroom tissue $54.26 11/2/2023 LIQUOR HUTCH CH.SERVICEPAYMENT online order marketing monthly fee $49.90 11/1/2023 LIQUOR HUTCH FACEBOOK Facebook advertising $35.00 11/30/2023 PARK & REC AMAZON Reel Tape Measure - 2 $116.04 11/30/2023 PARK & REC AMAZON Metatarsal Guard for Boots - 2 $83.98 11/28/2023 PARK & REC PARAMOUNT CENTER FOR THE Paramount Center for the Arts - Senior Trip $740.50 11/27/2023 PARK & REC AMAZON 2024 Wall Calendars - 8 $73.68 11/27/2023 PARK & REC AMAZON Instant Cold Packs - 50 Count $30.30 11/27/2023 PARK & REC AMAZON Envelopes for Sponsorship Letters $24.54 11/26/2023 PARK & REC SHUTTERFLY INC. Team Pictures for Sponsors $174.36 11/17/2023 PARK & REC SP BUSH FURNITURE WEB Event Center/Senior Center Programmer Desk $573.62 11/17/2023 PARK & REC SP BUSH FURNITURE WEB Event Center/Senior Center Programmer Desk $573.62 11/12/2023 PARK & REC WHENIWORK.COM Employee Scheduling Software $56.00 11/12/2023 PARK & REC CENTRAL STATES GROUP Actuator Valve for the Pool Filtration System $339.37 11/29/2023 PLANNING AMAZON pilot stem tip $39.98 11/28/2023 PLANNING AMAZON pilot tube $40.76 11/16/2023 PLANNING The Webstaurant Store Inc valve for faucet $59.99 11/13/2023 PLANNING AMAZON coffee $34.37 11/8/2023 PLANNING AMAZON shoe covers $50.54 11/6/2023 POLICE AMAZON Dog tags $5.99 11/29/2023 PUBLIC WORKS NATIONAL INDUSTRIAL SAF Safety Gear - total $904 $384.00 11/29/2023 PUBLIC WORKS NATIONAL INDUSTRIAL SAF Safety Gear - total $904 $520.00 11/24/2023 PUBLIC WORKS AMAZON Labeling Tape & Multi -meter $128.91 11/22/2023 PUBLIC WORKS CUSTOMER ELATION Monthly Dispatch Services $73.50 11/22/2023 PUBLIC WORKS ICUSTOMER ELATION Monthly Dispatch Services $73.50 Department Purchasing Card Activity - November 2023 Date Department Vendor Name Description Amount 11/21/2023 PUBLIC WORKS WEF MAIN WEF & CSWEA Annual Membership $115.00 11/17/2023 PUBLIC WORKS APWA GH APWA Fall Conference Registration $445.04 11/15/2023 PUBLIC WORKS CIVIL AIR PATROL MAGAZIN Subscription $205.00 11/8/2023 PUBLIC WORKS SP CETRIX STORE Nitrile Exam Gloves $100.00 11/5/2023 PUBLIC WORKS HILTON GARDEN INN MANKATO MESERB Fall Meeting Hotel $160.78 11/3/2023 PUBLIC WORKS CITY OF MANKATO PARKING MESERB Parking $3.00 11/2/2023 PUBLIC WORKS WWW.APWA.NET JO Job Posting $375.00 11/1/2023 PUBLIC WORKS APWA DS APWA Fall Conference Registration $445.04 Total P-Cards: $12,185.41 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATES 12/22/23-1/9/24 Check Issue Date Check Number Payee Description Amount 1/9/2024 114311 CROW RIVER GLASS INC MY412Y: WINDOW INSTALL -CEMETERY 206.00 Total - Check Register B: $ 206.00 To: Mayor and Council From: Candice Woods, Liquor Hutch Director Date: 01/01/24 Re: Liquor Hutch Sales January— Dec 2023 (Unaudited) 2022 Actual 2023 Actual Change (from 2022 Actual) 2023 Budget Change (from 2023 Budget) Year to Date Sales: $7,298,303 $7,507,148 +2.9% $7,281,000 +3.1% Liquor $ 2,692,467 $ 2,833,950 +5.3% $ 2,676,000 +5.9% Beer $ 3,421,423 $ 3,423,202 +0.1% $ 3,421,000 +0.1% Wine $ 999,725 $ 1,015,708 +1.6% $ 1,002,000 +1.4% THC $ 33,082 New in 2023 YTD Gross Profit Dollars: $1,836,307 $1,884,923 +2.6% $1,822,000 +3.5% YTD Customer Count: 239,912 240,123 +0.1% NA NA Average Sale/ Customer: $30.42 $31.26 +2.8% NA NA Gross Profit Percentage: 25.2% 25.1% -0.1% 25.0% +0.1% Some Store Activity Highlights • December Holiday Sales were soft — only $388 increase over 2022... likely due to Sunday/Monday 2023 vs Saturday/Sunday in 2022 • Staff Trainings include information on holiday wines, scotch and bourbon plus review of policies and procedures • Fall Craft Beer Tasting event held in the store with positive PR and sales • Participated in the ChamberAmbassador's Holiday Event at Crow River Winery • Newspaper, FB and direct email advertising utilized through 4rh quarter • Allocated Bourbon Lottery held on December 27rh — later than usual due to late arrival of allocated bottles • Staff participated in choosing a 'liquor Hutch" barrel of Woodford Reserve Bourbon to be received in March/April 2024 c HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Approve/Deny First Reading of Ordinance 24-846 - An Ordinance for the Sale of Agenda Item: Municipally Owned Property to HDC Properties Department: Administration LICENSE SECTION Meeting Date: 1/9/2024 Application Complete N/A 0 Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑� New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: With the construction of a new police facility, the City Council made the decision to sell the old police station (with the parking lot to the south) along with the old EOC building. The City hired a realtor and listed the properties for sale in late December. We received an offer for the full asking price on our old police station building and the parking lot site adjacent to it. Attached is a copy of the purchase agreement I signed in regards to that offer. Per City Charter, city property must be sold through an ordinance. Attached for your consideration is a first reading of an ordinance to sell this property to HDC Properties for $399,900. BOARD ACTION REQUESTED: Approve the First Reading of Ordinance 24-846 - An Oridnance for the Sale of Municipally Owned Property Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A ORDINANCE NO. 24-846 PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY THE CITY OF HUTCHINSON ORDAINS: Section 1. That the municipally owned real property legally described as follows: South Half, Hutchinson Block 9, Lots 2 & 3 South Half, Hutchinson Block 9, Lot 4 for good and valuable consideration is hereby transferred and conveyed to HDC Properties, LLC, or its successor or assigns as agreed upon in the purchase agreement Section 2. The City Administrator, Matthew Jaunich, or his designee is authorized to sign any and all documents on behalf of the City to effectuate the closing of this transaction. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this day of , 2024. Gary T. Forcier Mayor ATTEST: Matthew Jaunich City Administrator dotloop signature verification: dt1p.us/A0Ng-A06Y-J71p COMMERCIAL PURCHASE AGREEMENT HR This form approved by the Minnesota Association of REALTORS" and the Minnesota Commercial Association of REALTORS°,which HOMETOWN REALTY disclaims any liability arising out of use or misuse of this form. © 2022 Minnesota Association of REALTORS° 1. Page 1 Date 12/28/2023 2. BUYER(S) is/are: HDC Properties, LLC , (Check one.) 3. ❑ individual(s); OR ® a business entity organized under the laws of the State of Minnesota 4. SELLER(S) is/are: City of Hutchinson, MN , (Check one.) 5. ❑ individual(s); OR ® a business entity organized under the laws of the State of Minnesota 6. Buyer's earnest money in the amount of Twenty Thousand and 00/100 7. Dollars 8. ($ 20,0000 ) shall be delivered no later than two (2) Business Days after 9. Final Acceptance Date to be deposited in the trust account of: (Check one.) 10. ® listing broker; or 11. ❑ , (Trustee) 12. within three (3) Business Days of receipt of the earnest money or Final Acceptance Date whichever is later. 13. Said earnest money is part payment for the purchase of property at 10 Franklin Street Southwest 14. located in the 15. City/Township of Hutchinson County of McLeod 16. State of Minnesota, Zip Code_55350 PID # (s) 17. 230500720 & 230500740 18. and legally described as follows south Half, Hutchinson Block 9, Lots 2 & 3 19 South Half, Hutchinson Block 9, Lot 4 20. (collectively the "Property") 21. together with the personal property as described in the attached Addendum to Commercial Purchase Agreement. 22. Personal Property, if any, all of which property the undersigned has this day sold to Buyer for the sum of: 23. Three Hundred and Ninety -Nine Thousand Nine Hundred and 00/100 24. 25. ($ 399,900.00 ) Dollars ("Purchase Price"), which Buyer agrees to pay in the following manner: 26. 1. CASH of 100 percent (%) of the sale price, or more in Buyer's sole discretion, which includes the earnest 27. money; PLUS 28. 2. FINANCING of 0 percent (%) of the sale price. Buyer shall, at Buyer's sole expense, apply for any 29. financing as required by this Purchase Agreement. 30. Such financing shall be: (Check one.) ❑ a first mortgage; ❑ a contract for deed; or ❑ a first 31. mortgage with subordinate financing, as described in the attached Addendum to Commercial Purchase Agreement. 32. ❑ ConventionaUSBA/Other ❑ Contract for Deed. (Check one.)------------------------------------------ 33. DUE DILIGENCE: This Purchase Agreement ® IS ❑ IS NOT subject to a due diligence contingency. (If answer is IS, ------(Check one) ----- 34. see attached Addendum to Commercial Purchase Agreement: Due Diligence.) 35. CLOSING: The date of closing shall be 03/15/2024 MNC:PA-1 (8/22) Minnesota Realtors® TRANSACTIONS Tra-fi..De kEdili- dotloop signature verification: dt1p.us/A0Ng-A06Y-J71p COMMERCIAL PURCHASE AGREEMENT 36. Page 2 Date 12/28/2023 37. Property located at 10 Franklin Street Southwest, Hutchinson, MN 55350 38. DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a: (Check one.) 39. ® WARRANTY DEED ❑ LIMITED WARRANTY DEED ❑ CONTRACT FOR DEED 40. ❑ OTHER: DEED conveying marketable title, subject to: 41. (a) building and zoning laws, ordinances, and state and federal regulations; 42. (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; 43. (c) reservation of any mineral rights by the State of Minnesota or other government entity; 44. (d) utility and drainage easements which do not interfere with existing improvements; and 45. (e) others (must be specified in writing): 46. 47. TENANTS/LEASES: Property ❑ IS ® IS NOT subject to rights of tenants (if answer is IS, see attached Addendum -------(Check one.)------ 48. to Commercial Purchase Agreement. Due Diligence). 49. Seller shall not execute leases from the Date of this Purchase Agreement to the date of closing, the term of which lease 50. extends beyond the date of closing, without the prior written consent of Buyer. Buyer's consent or denial shall be 51. provided to Seller within 7 days of Seller's written request. Said consent 52. shall not be unreasonably withheld. 53. REAL ESTATE TAXES: Real estate taxes due and payable in the year of closing shall be prorated between Seller and 54. Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this Purchase Agreement. 55. Real estate taxes, including penalties, interest, and any associated fees, payable in the years prior to closing shall 56. be paid by Seller. Real estate taxes payable in the years subsequent to closing shall be paid by Buyer. 57. SPECIAL ASSESSMENTS: 58. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ® SELLER SHALL PAY 59. on the date of closing all installments of special assessments certified for payment with the real estate taxes due and 60. payable in the year of closing. 61. ❑ BUYER SHALL ASSUME ® SELLER SHALL PAY ON DATE OF CLOSING all other special assessments -----------------------------------------------------------------(Check one.)---------------------------------------------------------- 62. levied as of the Date of this Purchase Agreement. 63. ❑ BUYER SHALL ASSUME ® SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as --------------------------------------------------------------(Check one.)-------------------------------------------------------- 64. of the Date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's 65. provision for payment shall be by payment into escrow of up to two (2) times the estimated amount of the assessments 66. or less, as allowed by Buyer's lender.) 67. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of 68. which is not otherwise here provided. 69. As of the Date of this Purchase Agreement, Seller represents that Seller ❑ HAS ❑ HAS NOT received a notice ------------(Check one.)------------ 70. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 71. against the Property. Any such notice received by Seller after the Date of this Purchase Agreement and before 72. closing shall be provided to Buyer immediately. If such notice is issued after the Date of this Purchase Agreement 73. and on or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, 74. provide for the payment of, or assume the special assessments. In the absence of such agreement, either party may 75. declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the 76. other party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement 77. canceled, Buyer and Seller shall immediately sign a written cancellation of Purchase Agreement confirming said 78. cancellation and directing all earnest money paid here to be refunded to Buyer. MNC:PA-2 (8/22) Minnesota Realtors® TRANSACTIONS Trans-b..De kEdition dotloop signature verification: dt1p.us/A0Ng-A06Y-J71p COMMERCIAL PURCHASE AGREEMENT 79. Page 3 Date 12/28/2023 80. Property located at10 Franklin Street Southwest, Hutchinson, MN 55350 81. POSSESSION: Seller shall deliver possession of the Property: (Check one.) 82. ® IMMEDIATELY AFTER CLOSING; or 83. ❑ OTHER: 84. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HERE from the Property 85. by possession date. 86. PRORATIONS: All items customarily prorated and adjusted in connection with the closing of the sale of the Property 87. here including but not limited to rents, operating expenses, interest on any debt assumed by Buyer, shall be prorated 88. as of the date of closing. It shall be assumed that Buyer will own the Property for the entire date of the closing. 89. RISK OF LOSS: If there is any loss or damage to the Property between Date of this Purchase Agreement and the date 90. of closing, for any reason, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged before 91. the closing, this Purchase Agreement shall be canceled, at Buyer's option, if Buyer gives written notice to Seller, or licensee 92. representing or assisting Seller, of such cancellation within thirty (30) days of the damage. Upon said cancellation, 93. Buyer and Seller shall immediately sign a written cancellation of Purchase Agreement confirming said cancellation 94. and directing all earnest money paid here to be refunded to Buyer. 95. EXAMINATION OF TITLE: Seller shall, at its expense, within 21 days after Final 96. Acceptance Date, furnish to Buyer, or licensee representing or assisting Buyer, a commitment for an owner's policy .019 , including levied and pending special (Name of Title Company) 98. assessments. Buyer shall be allowed ten (10) days ("Objection Period") after receipt of the commitment for title 99. insurance to provide Seller, or licensee representing or assisting Seller, with written objections. Buyer shall be deemed 100. to have waived any title objections not made within the Objection Period provided for immediately above and any 101. matters with respect to which title objection is so waived may be excepted from the warranties in the Deed as specified 102. here to be delivered pursuant to this Agreement. of title insurance from Titlemark LLC 103. TITLE CORRECTIONS AND REMEDIES: Seller shall have thirty (30) days ("Cure Period") from receipt of Buyer's 104. written title objections to cure any title objections but shall not be obligated to do so. Upon receipt of Buyer's title 105. objections, Seller shall, within ten (10) days, notify Buyer, or licensee representing or assisting Buyer, in writing whether 106. or not Seller will endeavor to cure such objections within the Cure Period. Liens or encumbrances for liquidated 107. amounts created by instruments executed by Seller and which can be released by payment proceeds of closing shall 108. not delay the closing. 109. If Seller's notice states that Seller will not endeavor to cure one or more specified objections within the Cure Period, 110. Buyer may, as its sole remedy, within ten (10) days of the sending of such notice by Seller, declare this Purchase 111. Agreement canceled by written notice to Seller, or licensee representing or assisting Seller, in which case this Purchase 112. Agreement is canceled. If Buyer declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a 113. written cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to 114. be refunded to Buyer. If Buyer does not declare this Purchase Agreement canceled as provided immediately above, 115. Buyer shall be bound to proceed with the closing and to purchase the Property subject to the objections Seller has 116. declined to cure without reduction in the Purchase Price. 117. If Seller's notice states that Seller will endeavor to cure all of the specified objections, or if Seller's notice states that 118. Seller will endeavor to cure some, but not all, of the specified objections and Buyer does not declare this Purchase 119. Agreement canceled as provided above, Seller shall use commercially reasonable efforts to cure the specified objections 120. or those Seller has agreed to endeavor to cure and, pending correction of title, all payment required here and the 121. closing shall be postponed. 122. If Seller, within the Cure Period provided above, corrects the specified objections Seller's notice indicated Seller would 123. endeavor to cure, then upon presentation to Buyer, or licensee representing or assisting Buyer, of documentation 124. establishing that such objections have been cured, the closing shall take place within ten (10) days or on the scheduled 125. closing date, whichever is later. MNC:PA-3 (8/22) Minnesota Realtors® TRANSACTIONS T,ansa,t1onUesk Edition dotloop signature verification: dt1p.us/A0Ng-A06Y-J71p COMMERCIAL PURCHASE AGREEMENT 126. Page 4 Date 12/28/2023 127. Property located at 10 Franklin Street Southwest, Hutchinson, MN 55350 128. If Seller, within the Cure Period provided above, does not cure the specified objections which Seller's notice indicated 129. Seller would endeavor to cure, Buyer may, as its sole remedy, declare this Purchase Agreement canceled by written 130. notice to Seller, or licensee representing or assisting Seller, given within five (5) days after the end of the Cure Period, 131. in which case this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase 132. Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. Neither 133. party shall be liable for damages here to the other. In the alternative, Buyer may elect to waive such objections by 134. providing written notice to Seller, or licensee representing or assisting Seller, within such five (5)-day period and accept 135. title subject to such uncured objections, in which event, Buyer shall be bound to proceed with the closing and to purchase 136. the Property subject to the objections Seller has not cured without reduction in the Purchase Price. If neither notice 137. is given by Buyer within such five (5)-day period, Buyer shall be deemed to have elected to waive the objections and 138. to proceed to closing as provided in the immediately preceding sentence. 139. If title is marketable, or is made marketable as provided here, and Buyer defaults in any of the agreements here, 140. Seller, in addition to any other right or remedy available to Seller here, at law or in equity may cancel this Purchase 141. Agreement as provided by either MN Statute 559.21 or MN Statute 559.217, whichever is applicable, and retain all 142. earnest money paid here as liquidated damages. 143. If title is marketable, or is made marketable as provided here, and Seller defaults in any of the agreements here, 144. Buyer may, in addition to any other right or remedy available to Buyer here, seek specific performance within six 145. (6) months after such right of action arises. 146. REPRESENTATIONS AND WARRANTIES OF SELLER: The following representations made are to the best 147. of Seller's knowledge. 148. There is no action, litigation, investigation, condemnation, or other proceeding of any kind pending or threatened 149. against Seller or any portion of the Property. In the event Seller becomes aware of any such proceeding prior to 150. closing, Seller will promptly notify Buyer of such proceeding. 151. The Property is in compliance with all applicable provisions of all planning, zoning, and subdivision rules; regulations; 152. and statutes. Seller has obtained all necessary licenses, permits, and approvals necessary for the ownership and 153. operation of the Property. 154. Prior to the closing, payment in full will have been made for all labor, materials, machinery, fixtures, or tools furnished 155. within the 120 days immediately preceding the closing in connection with construction, alteration, or repair of any 156. structure on, or improvement to, the Property. 157. Seller has not received any notice from any governmental authority as to condemnation proceedings, or violation of 158. any law, ordinance, regulation, code, or order affecting the Property. If the Property is subject to restrictive covenants, 159. Seller has not received any notice from any person or authority as to a breach of the covenants. Any such notices 160. received by Seller shall be provided to Buyer immediately. Discriminatory restrictive covenants (e.g. provisions 161. against conveyance of property to any person of a specified religious faith, creed, national origin, race, or color) are 162. illegal and unenforceable. An owner of real property may permanently remove such restrictive covenants from the 163. title by recording a statutory form in the office of the county recorder of any county where the property is located. 164. Seller has not executed any options to purchase, rights of first refusal, or any other agreements giving any person or 165. other entity the right to purchase or otherwise acquire any interest in the Property, and Seller is unaware of any options 166. to purchase, rights of first refusal, or other similar rights affecting the Property. 167. The legal description of the real property to be conveyed has been or shall be approved for recording as of the date 168. of closing. 169. If Seller is an organized entity, Seller represents and warrants to Buyer that Seller is duly organized and is in good 170. standing under the laws of the State of Minnesota; that Seller is duly qualified to transact business in the State of 171. Minnesota; that Seller has the requisite organizational power and authority to enter into this Purchase Agreement and 172. the Seller's closing documents signed by it; such documents have been duly authorized by all necessary action on 173. the part of Seller and have been duly executed and delivered; that the execution, delivery, and performance by Seller of 174. such documents do not conflict with or result in a violation of Seller's organizational documents or Bylaws or any judgment, 175. order, or decree of any court or arbiterto which Seller is a party; and that such documents are valid and binding obligations 176. of Seller, and are enforceable in accordance with their terms. MNC:PA-4 (8/22) Minnesota Realtors® TRANSACTIONS Tfansa,t-Desk Edition dotloop signature verification: dt1p.us/A0Ng-A06Y-J71p COMMERCIAL PURCHASE AGREEMENT 177. Page 5 Date 12/28/2023 178. Property located at 10 Franklin Street Southwest, Hutchinson, MN 55350 179. Seller will indemnify Buyer, its successors and assigns, against and will hold Buyer, its successors and assigns, 180. harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of the 181. breach of any of the above representations and warranties, whether such breach is discovered before or after the 182. date of closing. 183. See attached Addendum to Commercial Purchase Agreement. Due Diligence, if any, for additional representations 184. and warranties. 185. REPRESENTATIONS AND WARRANTIES OF BUYER: If Buyer is an organized entity, Buyer represents and warrants 186. to Seller that Buyer is duly organized and is in good standing under the laws of the State of Minnesota; that Buyer is 187. duly qualified to transact business in the State of Minnesota; that Buyer has the requisite organizational power and 188. authority to enter into this Purchase Agreement and the Buyer's closing documents signed by it; such documents 189. have been duly authorized by all necessary action on the part of Buyer and have been duly executed and delivered; 190. that the execution, delivery, and performance by Buyer of such documents do not conflict with or result in a violation 191. of Buyer's organizational documents or Bylaws or any judgment, order, or decree of any court or arbiter to which Buyer 192. is a party; and that such documents are valid and binding obligations of Buyer, and are enforceable in accordance with 193. their terms. Buyer will indemnify Seller, its successors and assigns, against and will hold Seller, its successors and 194. assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because 195. of the breach of any of the above representations and warranties, whether such breach is discovered before or after 196. the date of closing. 197. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 198. CALCULATION OF DAYS: Any calculation of days begins on the first day (calendar or Business Days as specified) 199. following the occurrence of the event specified and includes subsequent days (calendar or Business Days as specified) 200. ending at 11:59 P.M. on the last day. 201. BUSINESS DAYS: "Business Days" are days which are not Saturdays, Sundays, or state or federal holidays unless 202. stated elsewhere by the parties in writing. 203. CALENDAR DAYS: For purposes of this Agreement, any reference to "days" means "calendar days." "Calendar 204. days" include Saturdays, Sundays, and state and federal holidays. 205. DEFAULT: If Buyer defaults in any of the agreements here, Seller may cancel this Purchase Agreement, and any 206. payments made here, including earnest money, shall be retained by Seller as liquidated damages and Buyer and Seller 207. shall affirm the same by a written cancellation. In the alternative, Seller may seek all other remedies allowed by law. 208. If Buyer defaults in any of the agreements here, Seller may terminate this Purchase Agreement under the 209. provisions of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. 210. If this Purchase Agreement is not canceled or terminated as provided here, Buyer or Seller may seek actual damages 211. for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to specific 212. performance, such action must be commenced within six (6) months after such right of action arises. 213. SUBJECT TO RIGHTS OF TENANTS, IF ANY, BUYER HAS THE RIGHT TO VIEW THE PROPERTY PRIOR TO 214. CLOSING TO ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE 215. DATE OF THIS PURCHASE AGREEMENT. 216. METHAMPHETAMINE PRODUCTION DISCLOSURE: 217. (A Methamphetamine Production Disclosure is required by MN Statute 152.0275, Subd. 2 (m).) 218. ® Seller is not aware of any methamphetamine production that has occurred on the Property. 219. ❑ Seller is aware that methamphetamine production has occurred on the Property. 220. (See Disclosure Statement. Methamphetamine Production.) 221. NOTICE REGARDING AIRPORT ZONING REGULATIONS: The Property may be in or near an airport safety zone 222. with zoning regulations adopted by the governing body that may affect the Property. Such zoning regulations are 223. filed with the county recorder in each county where the zoned area is located. If you would like to determine if such 224. zoning regulations affect the Property, you should contact the county recorder where the zoned area is located. MNC:PA-5 (8/22) Minnesota Realtors® TRANSACTIONS TransactionDeA Etliti- dotloop signature verification: dtlp.us/A0Ng-A06Y-J7lp COMMERCIAL PURCHASE AGREEMENT 225. Page 6 Date 12/28/2023 226. Property located at"t0 Franklin Street Southwest, Hutchinson, MN 55350 227. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 228. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 may 229. be obtained by contacting the local law enforcement offices in the community where the Property is located 230. or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections web 231. site at www.corr.state.mn.us. 232. DISCLOSURE NOTICE: If this Purchase Agreement includes a structure used or intended to be used as residential 233. property as defined under MN Statute 513.52, Buyer acknowledges Buyer has received a Disclosure Statement: 234. Seller's Property Disclosure Statement or Disclosure Statement: Seller's Disclosure Alternatives form. 235. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OF THE PROPERTY. 236. (Check appropriate boxes.) 237. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 238. CITY SEWER ® YES ❑ NO / CITY WATER ® YES ❑ NO 239. SUBSURFACE SEWAGE TREATMENT SYSTEM 240. SELLER ❑ DOES ® DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR SERVING ---------------(Check one.)------------ 241. THE PROPERTY. (If answer is DOES, and the system does not require a state permit, see Disclosure Statement: 242. Subsurface Sewage Treatment System.) 243. PRIVATE WELL 244. SELLER []DOES ® DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. (If answer is DOES and well -------------(Check one.)------------- 245. is located on the Property, see Disclosure Statement: Well.) 246. To the best of Seller's knowledge, the Property ❑ IS ®IS NOT in a Special Well Construction Area. -------(Check one.)------ 247. THIS PURCHASE AGREEMENT ❑ IS ® IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT -----(Check one.)-------- 248. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 249. (If answer is IS, see attached Addendum.) 250. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 251. RECEIVED A DISCLOSURE STATEMENT WELL AND/OR A DISCLOSURE STATEMENT- SUBSURFACE SEWAGE 252. TREATMENT SYSTEM. 253. There ❑ ISO IS NOT a storage tank located on the Property that is subject to the requirements of MN Statute 116.48. ------(Check one.)------ 254. (If answer is IS, see Commercial Disclosure Statement: Storage Tank(s).) 255. 256. Matthew Pulkrabek (Licensee) 257. Hometown Realty, Inc. (Real Estate Company Name) 258 (Licensee) 259. (Real Estate Company Name) MNC:PA-6 (8/22) AGENCY NOTICE is ❑ Seller's Agent ❑ Buyer's Agent ® Dual Agent. ----------------------------------(Check one.) -------------------------------------- is [] Seller's Agent ❑ Buyer's Agent ❑ Dual Agent. ----------------------------------(Check one.) -------------------------------------- Minnesota Realtors® TRANSACTIONS T,a.... b.,.-k Edition dotloop signature verification: dtlp.us/AONg-AO6Y-J7lp COMMERCIAL PURCHASE AGREEMENT 260. Page 7 Date 12/28/2023 261. Property located at 10 Franklin Street Southwest, Hutchinson, MN 55350 262. DUAL AGENCY DISCLOSURE: Dual agency occurs when one broker or salesperson represents both parties to a 263. transaction, or when two salespersons licensed to the same broker each represent a party to the transaction. Dual 264. agency requires the informed consent of all parties, and means that the broker or salesperson owes the same fiduciary 265. duties to both parties to the transaction. This role limits the level of representation the broker and salespersons can 266. provide, and prohibits them from acting exclusively for either party. In dual agency, confidential information about price, 267. terms, and motivation for pursuing a transaction will be kept confidential unless one party instructs the broker or 268. salesperson in writing to disclose specific information about him or her. Other information will be shared. Dual agents 269. may not advocate for one party to the detriment of the other. 270. CONSENT TO DUAL AGENCY 271. Broker represents both parties involved in the transaction, which creates a dual agency. This means that Broker and 272. its salespersons owe fiduciary duties to both parties. Because the parties may have conflicting interests, Broker and its 273. salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in this 274. transaction without the consent of both parties. Both parties acknowledge that 275. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy, sell, or lease will 276. remain confidential unless the parties instruct Broker in writing to disclose this information. Other information will 277. be shared; 278. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 279. (3) within the limits of dual agency, Broker and its salesperson will work diligently to facilitate the mechanics of the 280. sale. 281. With the knowledge and understanding of the explanation above, the parties authorize and instruct Broker and its 282. salespersons to act as dual agents in this transaction. 283. SELLER: City of Hutchinson, MN BUYER: HDC Properties, LLC (Business Entity or Individual Name) (Business Entity or Individual Name) 284. By: '�"� aooa a.MaCl By: �.cR e� = o ; (Seller's Signature) uyer sSignature) 285. Matt Jaunich Joshua Campbell (Seller's Printed Name) (Buyer's Printed Name) 286. Its:Administrator Its: President (Title) (Title) 287. (Date) (Date) 288. SELLER: (Business Entity or Individual Name) 289. By: (Seller's Signature 290. (Seller's Printed Name) 291. Its: (Title) 292. (Date) MNC:PA-7 (8/22) BUYER: HDC Properties, LLC (Business Entity or Individual Name) By; °w;a°Eo RR Buyer'sSignature) Ryan Ritchie (Buyer's Printed Name) (Date) Its: Vice President (Title) Minnesota Realtors® TRANSACTIONS Transact -De k Edition dotloop signature verification: dt1p.us/A0Ng-A06Y-J71p COMMERCIAL PURCHASE AGREEMENT 293. Page 8 294. Property located at 10 Franklin Street Southwest, Hutchinson, MN 55350 Date 12/28/2023 295. SUCCESSORS AND ASSIGNS: All provisions of this Purchase Agreement shall be binding on successors and 296. assigns. 297. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the 298. cash outlay at closing or reduce the proceeds from the sale. 299. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Section 1445 of the Internal Revenue Code 300. provides that a transferee ("Buyer") of a United States real property interest must be notified in writing and must 301. withhold tax if the transferor ("Seller") is a foreign person and no exceptions from FIRPTA withholding apply. Buyer 302. and Seller agree to comply with FIRPTA requirements under Section 1445 of the Internal Revenue Code. 303. Seller shall represent and warrant, under the penalties of perjury, whether Seller is a "foreign person" (as the same 304. is defined within FIRPTA), prior to closing. Any representations made by Seller with respect to this issue shall survive 305. the closing and delivery of the deed. 306. Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument, affidavit, or statement 307. reasonably necessary to comply with the FIRPTA requirements, including delivery of their respective federal taxpayer 308. identification numbers or Social Security numbers. 309. Due to the complexity and potential risks of failing to comply with FIRPTA, including the Buyer's responsibility for 310. withholding the applicable tax, Buyer and Seller should seek appropriate legal and tax advice regarding FIRPTA 311. compliance, as the respective licensees representing or assisting either party will be unable to assure either 312. party whether the transaction is exempt from FIRPTA withholding requirements. 313. NOTE: MN Statute 500.221 establishes certain restrictions on the acquisition of title to agricultural land by aliens 314. and non -American corporations. Please seek appropriate legal advice if this Purchase Agreement is for the 315. sale of agricultural land and Buyer is a foreign person. 316. ACCEPTANCE DEADLINE: This offer to purchase, unless accepted sooner, shall be withdrawn at 11:59 P.M., 317. NA , and in such event all earnest money shall be returned to Buyer. 318. CONDEMNATION: If, prior to the closing date, condemnation proceedings are commenced against all or any part 319. of the Property, Seller or licensee representing or assisting Seller, shall immediately give written notice to Buyer, or 320. licensee representing or assisting Buyer, of such fact and Buyer may, at Buyer's option (to be exercised within thirty (30) 321. days after Seller's notice), declare this Purchase Agreement canceled by written notice to Seller or licensee representing 322. or assisting Seller, in which case this Purchase Agreement is canceled and neither party shall have further obligations 323. under this Purchase Agreement. In the event Buyer declares the Purchase Agreement canceled, Buyer and Seller 324. shall immediately sign a written cancellation confirming such cancellation and directing all earnest money paid 325. here to be refunded to Buyer. If Buyer fails to give such written notice, then Buyer shall be bound to proceed with 326. closing, subject to any other contingencies to this Purchase Agreement. In such event, there shall be no reduction in 327. the purchase price, and Seller shall assign to Buyer at the closing date all of Seller's rights, title, and interest in and to 328. any award made or to be made in the condemnation proceedings. Prior to the closing date, Seller shall not designate 329. counsel, appear in, or otherwise act with respect to, the condemnation proceedings without Buyer's prior written 330. consent. 331. MUTUAL INDEMNIFICATION: Seller and Buyer agree to indemnify each other against, and hold each other harmless 332. from, all liabilities (including reasonable attorneys' fees in defending against claims) arising out of the ownership, 333. operation, or maintenance of the Property for their respective periods of ownership. Such rights to indemnification will 334. not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash 335. payments directly attributable to the liability in question (net of the cost of collection, including reasonable attorneys' 336. fees); or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If, and 337. to the extent that, the indemnified party has insurance coverage, or the right to make claim against any third party for 338. any amount to be indemnified against, as set forth above, the indemnified party will, upon full performance by the 339. indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights are 340. not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and 341. assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payable 342. made by such party. MNC:PA-8 (8/22) Minnesota 19 Realtors® TRANSACTIONS bans t[l DeA edition dotloop signature verification: dt1p.us/A0Ng-A06Y-J71p COMMERCIAL PURCHASE AGREEMENT 343. Page 9 Date 12/28/2023 344. Property located at 10 Franklin Street Southwest, Hutchinson, MN 55350 345. FULLY EXECUTED PURCHASE AGREEMENT AND FINAL ACCEPTANCE: To be binding, this Purchase Agreement 346. and all addenda must be fully executed by both parties and a copy must be delivered. 347. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to 348. this transaction constitute valid, binding signatures. 349. ENTIRE AGREEMENT: This Purchase Agreement and all addenda and amendments signed by the parties shall 350. constitute the entire agreement between Buyer and Seller. Any other written or oral communication between Buyer and 351. Seller, including, but not limited to, e-mails, text messages, or other electronic communications are not part of this 352. Purchase Agreement. This Purchase Agreement can be modified or canceled only in writing signed by Buyer and 353. Seller or by operation of law. All monetary sums are deemed to be United States currency for purposes of this Purchase 354. Agreement. 355. SURVIVAL: All warranties and representations in this Purchase Agreement shall survive the delivery of the deed or 356. contract for deed and be enforceable after the closing. 357. DATE OF THIS PURCHASE AGREEMENT. Date of this Purchase Agreement to be defined as the date on line one 358. (1) of this Purchase Agreement. 359. OTHER: Purchase agreement contingent upon the city council approving the purchase agreement at 2 separate 360. meetings. 361. 362. The seller agrees that the buyer will not be responsible for a future assessment regarding this specific project: 363. 364. HUTCHINSON 2024 ROAD PROJECTS 365. 366. Uptown Grand sewer realignment: Glen Street NW from First Avenue NW to the dead end) First Avenue NW (Glen Street 367. NW to Franklin Street NW) and Franklin Street NW (First Avenue NW to Second Avenue NW. 368. 369. Purpose: Partial reconstruction of street, including partial curb and gutter replacement, water main, sanitary sewer, storm 370. sewer, restoration and attachments. 371. 372. Estimated cost: $588,000. 373. 374. Franklin Street: Fifth Avenue to Washington Avenue. 375. 376. Purpose: Partial reconstruction of street, including partial curb and gutter replacement, miscellaneous storm and sewer 377. repairs, restoration and attachments. 378. MNC:PA-9 (8/22) Minnesota Realtors® TRANSACTIONS i,--t,..De kEdition dotloop signature verification: dtlp.us/A0Ng-A06Y-J7lp COMMERCIAL PURCHASE AGREEMENT 379 Page 10 Date 12/28/2023 380 Property located at 10 Franklin Street Southwest, Hutchinson, MN 55350 381. ADDENDA: Attached addenda are a part of this Purchase Agreement. 382. ❑ If checked, this Purchase Agreement is subject to 383. attached Addendum to Commercial Purchase 384. Agreement: Counteroffer. 385. FIRPTA: Seller represents and warrants, under penalty 386. of perjury, that Seller[] IS®IS NOT a foreign person (i.e., a ------(Check one.)----- 387. non-resident alien individual, foreign corporation, foreign 388. partnership, foreign trust, or foreign estate for purposes 389. of income taxation. (See lines 299-315.)) This representation 390. and warranty shall survive the closing of the transaction 391. and the delivery of the deed. 392. SELLER 393. City of Hutchinson (Business Entity or Individual Name) 99 dotloop verified 394. By: „( iC� 01/04/240:57AM CST BZJ R-,24 817 AMPP T (Seller'sSignature) 395. Matt Jaunich (Seller's Printed Name) 396. Its: Administrator (Title) 397. (Date) 398. SELLER 399. (Business Entity or Individual Name) 400. By: (Seller'sSignature) 401. (Seller's Printed Name) 402. Its: (Title) 403. (Date) BUYER HDC Properties, LLC (Business Entity or Individual Name) 01 /03/2411:31 AM CST ON CG-D12K-6K9F-0572 (Buyer's Signature Ryan Ritchie (Buyer's Printed Name) Its:Vice President (Title) (Date) BUYER HDC Properties, LLC (Business Entity or Individual Name) dotloop 01/03/24 e1re AM CST XIB4-TKUH-LMQ0-4GCV Buyer'sSignature) Joshua Campbell (Date) (Buyer's Printed Name) Its: President (Title) 404. FINAL ACCEPTANCE DATE: 01/04/2024 405. is the date on which the fully executed Purchase Agreement is delivered. The Final Acceptance Date 406. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 407. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 408. THIS MINNESOTA ASSOCIATION OF REALTORS@ COMMERCIAL PURCHASE AGREEMENT IS NOT 409. DESIGNED TO BE AND IS NOT WARRANTED TO BE INCLUSIVE OF ALL ISSUES SELLER AND BUYER 410. MAY WISH TO ADDRESS, AND EITHER PARTY MAY WISH TO MODIFY THIS PURCHASE AGREEMENT 411. TO ADDRESS STATUTORY OR CONTRACTUAL MATTERS NOT CONTAINED IN THIS FORM. 412. BOTH PARTIES ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY TO ENSURE 413. THIS CONTRACT ADEQUATELY ADDRESSES THAT PARTY'S RIGHTS. MNC:PA-10 (8/22) Minnesota Realtors® TRANSACTIONS Transact -Desk Edition dotloop signature verification: dt1p.us/A0Ng-A06Y-J71p Wlorwpm WIRE FRAUD ALERT Internet fraud — the use of Internet services or software with Internet access to defraud victims — is on the rise in real estate transactions. THESE SOPHISTICATED CRIMINALS COULD: • HACK INTO YOUR E-MAIL ACCOUNT or the e-mail of others involved in your real estate transaction and may direct you to wire money to the hacker's account. • SEND FRAUDULENT E-MAILS that appear to be from your real estate licensee, lender, or closing agent. • CALLYOU claiming they have revised wiring instructions. Buyers/Tenants and Sellers/Owners are advised to: (1) Never wire funds without confirming the wiring instructions directly with the intended recipient. (2) Verify that the contact information for the wire transfer recipient is legitimate by calling a known phone number for the broker or closing agent. Do not rely on the information given to you in an e-mail communication. (3) Never send personal information through unsecured/unencrypted e-mail. If you suspect wire fraud in your transaction: (1) Immediately notify your bank, closing agent, and real estate licensee. (2) File a complaint online at the Internet Crime Complaint Center (IC3) at http://www.ic3.gov. The undersigned acknowledge receipt of this wire fraud alert and understand the importance of taking proactive measures to avoid being a victim of wire fraud in a real estate transaction. dotloop verified AM CST � v/� dotloop verified 4857 AM CST QSW9-VPNK-AITS-LC9G QSW9-YTWK-A // P0CQ-01 POCQ-H2J K-L4UP-BVNH dotloop verified AM CST 01/03/ CST K VB-3C X-NGAM CGX-NG (Signature) ate(Signature) ate This form approved by the Minnesota Association of REALTORS°, which disclaims any liability arising out of use or misuse of this form. © 2018 Minnesota Association of REALTORS°, Edina, MN MN-WFA (8/18) Minnesota 19 Realtors® TRANSACTIONS Trans b..Oesk Edition dotloop signature verification: dt1p.us/KXBP-aDIo-Gk5M ADDENDUM TO COMMERCIAL HR PURCHASE AGREEMENT: HOMETOWN REALTY DUE DILIGENCE This form approved by the Minnesota Association of REALTORS°, which disclaims any liability arising out of use or misuse of this form. © 2020 Minnesota Association of REALTORS& 1. Date 12/28/2023 2. Page 1 3. Addendum to Purchase Agreement between parties, dated 12/28/2023 4. (Date of this Purchase Agreement), pertaining to the purchase and sale of the Property at 5. 10 Franklin Street Southwest, Hutchinson, MN 55350 6. In the event of a conflict between this Addendum and any other provision of the Purchase Agreement the language 7. in this Addendum shall govern. 8. This Purchase Agreement is contingent upon Buyer's reasonable approval of due diligence matters as agreed to in 9. this Addendum. 10. Title and examination and title corrections and remedies are excluded from this Addendum and shall be handled in 11. accordance with terms specified in the Examination of Title and Title Corrections and Remedies section of this 12. Purchase Agreement. 13. Buyer shall satisfy himself/herself/itself with respect to the physical condition of the Property and the feasibility 14. and suitability of the Property for Buyer's intended purpose within the respective time period(s) specified herein. Buyer 15. acknowledges that any information provided by Seller, a third party, or broker representing or assisting Seller regarding 16. dimensions, square footage, or acreage of land or improvements is approximate. Buyer shall verify the accuracy of 17. information to Buyer's satisfaction, at Buyer's sole cost and expense. 18. Buyer may declare this Purchase Agreement canceled by providing written notice to Seller, or licensee representing 19. or assisting Seller, within the respective time period(s) specified herein, in which case this Purchase Agreement is 20. canceled. Buyer and Seller shall immediately sign a written cancellation confirming said cancellation and directing 21. all earnest money paid hereunder to be refunded to Buyer, unless provided otherwise in this Purchase Agreement. 22. Buyer's failure to give written notice of cancellation of this Purchase Agreement, within the respective time period(s 23. specified herein shall conclusively be deemed Buyer's election to proceed with the transaction without correction of 24. any disapproved items that Seller has not agreed in writing to correct or remedy. 25. Buyer's Responsibility Regarding Due Diligence: Buyer shall keep the Property free and clear of all liens, shall 26. indemnify, defend, and hold Seller harmless from all liability, claims, demands, damages, costs or expenses, incurred 27. by Seller by reason of any physical damage to the Property or injury to persons caused by Buyer or its agents or 28. contractors in exercising its rights under this Addendum, and shall return the Property to the same condition it was 29. in prior to Buyer's testing. Buyer shall not disturb any tenants, employees or occupants of the Property. 30. Seller's Responsibility Regarding Due Diligence: Seller agrees to allow reasonable access to the Property for 31. performance of any surveys, due diligence or inspections agreed to herein. Seller understands that the inspections 32. may require that all utilities be on and the Seller is responsible for providing same at Seller's expense. If the Property 33. is occupied by someone other than Owner, Owner shall comply with Minnesota law and existing Owner's lease, if 34. any, to provide tenant with proper notice in advance of any Property showing. 35. A. ENVIRONMENTAL ASSESSMENTS/INSPECTIONS: 36. (i) Phase I: This Purchase Agreement ® IS ❑ IS NOT contingent upon ® BUYER ❑ SELLER --------(Check one.)--------- ---------------- (Checkone.)---------------- 37. obtaining a Phase I environmental site assessment of the Property at ® BUYER'S ❑ SELLER'S expense -----------------(Check one) -------------- 38. within 60 days of Final Acceptance Date of this Purchase Agreement. 39. Buyer shall provide reasonable approval of the Phase I environmental site assessment within 40. 65 days of either: 41. (a) Final Acceptance Date of this Purchase Agreement if the Phase I environmental site assessment is 42. obligated to be obtained by Buyer; or 43. (b) receipt of the Phase I environmental site assessment if Seller is obligated to obtain. MN-ACPA:DD-1 (8/20) Minnesota Realtors® TRANSACTIONS Tra-t1_.,,k Edition dotloop signature verification: dt1p.us/KXBP-aDIo-Gk5M ADDENDUM TO COMMERCIAL PURCHASE AGREEMENT: DUE DILIGENCE 44. Page 2 45. Property located at10 Franklin Street Southwest, Lynn, MN 55350 46. (ii) Phase II: This Purchase Agreement ❑ IS ❑ IS NOT contingent upon ❑ BUYER ❑ SELLER --------(Check one.)--------- ---------------- (Checkone)---------------- 47. obtaining a Phase II environmental site assessment of the Property at ❑ BUYER ❑ SELLER ---------------- (Checkone.)---------------- 48. expensewithin daysof Final Acceptance Date of this Purchase Agreement. 49. Buyer shall provide reasonable approval of the Phase II environmental site assessment within 50. days of either: 51. (a) Final Acceptance Date of this Purchase Agreement if the Phase II environmental site assessment is 52. obligated to be obtained by Buyer; or 53. (b) receipt of the Phase II environmental site assessment if Seller is obligated to obtain. 54. (iii) Other Testing: This Purchase Agreement ❑ IS E] IS NOT contingent upon ❑ BUYER EISELLER --------(Check one) -------- ---------------- (Checkone.)---------------- 55. obtaining other Intrusive Testing of the Property at ❑ BUYER'S ❑ SELLER'S expense within -------------------(Check one.)------------------ 56. days of Final Acceptance Date of this Purchase Agreement. 57. Buyer shall provide reasonable approval of the assessment/inspection within 58. days of either: 59. (a) Final Acceptance Date of this Purchase Agreement if the assessment/inspection is obligated to be obtained 60. by Buyer; or 61. (b) receipt of the assessment/inspection if Seller is obligated to obtain. 62. For purposes of this form, "Intrusive Testing" shall mean any testing, inspection(s) or investigation(s) that 63. changes the Property from its original condition or otherwise damages the Property. 64. Buyer ❑ SHALL SHALL NOT be required to provide Seller with a copy of any assessment/inspection -----------------(Check one.)-------------- 65. reports obtained by Buyer. 66. (iv) Seller's Representations on Environmental Concerns: To the best of Seller's knowledge, there are no 67. hazardous substances or underground storage tanks except herein noted: .: 69. 70. 71. B. GOVERNMENTAL APPROVAL: The following items, if applicable, shall be completed within 72. 60 days of Final Acceptance Date of this Purchase Agreement. 73. (i) This Purchase Agreement ❑ IS ® IS NOT contingent upon Buyer obtaining approval of governing body of -------(Check one.)------ 74. development or subdivision plans, as described below, at ❑ BUYER ❑ SELLER expense. If IS, Seller shall -------------(Check one.)----------- 75. cooperate with Buyer to obtain such approval. MI 77. (ii) This Purchase Agreement ® IS ❑ IS NOT contingent upon Buyer obtaining approval of governing body for (Check one.)----- 78. rezoning or use permits, as described below, at ® BUYER ❑ SELLER expense. If IS, Seller shall ---------------(Check one.)------------- 79. cooperate with Buyer to obtain such approval. 80. Contingent upon city approval to tear the building down. 81. MN-ACPA:DD-2 (8/20) Minnesota Realtors° TRANSACTIONS TransactlonUesk Edition dotloop signature verification: dt1p.us/KXBP-aDIo-Gk5M ADDENDUM TO COMMERCIAL PURCHASE AGREEMENT: DUE DILIGENCE 82. Page 3 83. Property located at10 Franklin Street Southwest, Lynn, MN 55350 84. C. OTHER CONTINGENCIES: This Purchase Agreement is contingent upon Buyer's reasonable approval of the 85. following items, if checked. Buyer shall approve the items within days of either: 86. (a) Final Acceptance Date of this Purchase Agreement if Buyer is obligated to obtain the item; or 87. (b) receipt of the item if Seller is obligated to obtain the item. 88. (Select appropriate options i-vi.) 89. ❑ (i) ❑ BUYER ❑ SELLER obtaining a certificate of survey of the Property, at ❑ BUYER ❑ SELLER -------------(Check one.)------------- --------------- (Checkone.)--------------- 90. expense. 91. ❑ (ii) ❑ BUYER ❑ SELLER obtaining soil tests which indicate that the Property may be improved without -------------(Check one.)------------ 92. extraordinary building methods or costs, at ❑ BUYER ❑ SELLER expense. -------------(Check one-) ----------- 93. ❑ (ii i) []BUYER[:] SELLER obtaining copies of all covenants, reservations and restrictions affecting the Property, -----------(Check one.)------------ 94. at ❑ BUYER ❑ SELLER expense. ---------------(Check one.)------------- 95. ❑ (iv) ❑ BUYER ❑SELLER obtaining and approving copies of Association documents at❑BUYER❑SELLER -------------(Check one.)------------- ------------- (Checkone)------------- 96. expense. 97. ❑ (v) Buyer obtaining from Seller copies of all documents in Seller's possession or control relating to the rights 98. of tenants, including but not limited to, rent rolls, leases, common area maintenance fees, and estoppel 99. certificates. 100. Seller assigns all right, title, and interest in and to the tenant security deposits and the interest earned, if 101. any, and credited thereon (collectively, the Security Deposits) for the Property at closing. Seller warrants 102. that the Security Deposits being assigned are all of the Security Deposits being held for tenants at the 103. Property. Seller shall, immediately after closing, notify tenant of the Security Deposit transfer and of Buyer's 104. name and address as required under MN Statute 504B.178, Subd. 5. Buyer agrees to hold and apply all 105. of the Security Deposits in accordance with the terms of the leases of the Property pursuant to MN Statute 106. 504B.178 and indemnify and agree to hold and defend Seller, its legal representatives, successors and 107. assigns harmless from and against any and all claims, actions, suits, proceedings, demands, assessments, 108. judgments, liabilities and costs including, without limitation, reasonable attorney's fees and expenses of 109. any kind whatsoever, arising from and after the date of closing asserted by said tenants or any person 110. or persons claiming under any of them with respect to any of the Security Deposits. ill. ❑ (vi) Buyer obtaining from Seller copies of all permits applicable to the Property, operating statements for the 112. last years, vendor contracts, and any other documents in Seller's possession or 113. control and relating to the Property. 114. Buyer acknowledges that Seller makes no representations or warranties by providing any documents to 115. Buyer. Buyer agrees to return all such documents to Seller upon Seller's written request. MN-ACPA:DD-3 (8/20) Minnesota Realtors® TRANSACTIONS ilansact-Desk Edition dotloop signature verification: dtlp.us/KXBP-aDlo-Gk5M ADDENDUM TO COMMERCIAL PURCHASE AGREEMENT: DUE DILIGENCE 116. Page 4 117. Property located at 10 Franklin Street Southwest, Lynn, MN 55350 118. D. BUYER INVESTIGATIONS: This Purchase Agreement ® IS CIS NOT contingent upon Buyer's investigations -------(Check one.)------ 119. of the Property for Buyer to satisfy himself/herself/itself with respect to the physical condition of the Property and 120. the feasibility and suitability of the Property for Buyer's intended purpose. Any Buyer investigations shall be 121. completed within 60 days of Final Acceptance Date of this Purchase 122. Agreement. All Buyer investigations shall be at Buyer's sole cost and expense. 123. SELLER BUYER 124. City of Hutchinson (Business Entity or Individual Name) dotlooPverified 125. By � ��` 01/04/24 IJVH-M57AMCST vrll-IJVU-MSQMM CST (Seller) 126. Its: Administrator (Title) 127. (Date) 128. SELLER 129. (Business Entity or Individual Name) 130. By: (Seller) 131. Its: (Title) 132. (Date) HDC Properties, LLC (Business Entity or Individual Name) �/ dotlooPverified otloo2312:06 PM CST By. OJ9N-V2NK-PB1E-v4GP (Buyer) Its: Vice President (Title) (Date) BUYER HDC Properties, LLC (Business Entity or Individual Name) dotlooPvrified 1PM CST By. SN0G-SIU6-FIVM-C30P (Buyer) (Date) Its: President (Title) 133. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 134. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN-ACPA:DD-4 (8/20) Minnesota Realtors® TRANSACTIONS Tran -b..De k Edition dotloop signature verification: dt1p.us/x11x-cEjw-o1 Of CDP Matrix https://matrix.commondataplatform.com/Mabix/Finance/SellersEsti Netsheet Data Entry Matthew Pu I kra be k mpulkrabekChe nietawnm n. com it Ph: 320-587-ro t15 71 Ri1mF � Seller's Estimated Net Proceeds PREPARED FOR: City of Hutchinson 10 Franklin St SW Hutchinson MN 55350 Proposed Price Government Expenses of State Deed Tax 02 Recording Fee Other Expenses 03 Updating Title (Abstract/RPA) 04 Settle/Closing Fee 05 Listing Broker Fee 06 Selling Broker Fee 07 Total Broker's Fee TOTALS 08 Seller's Gains 09 Seller's Expenses to Estimated Equity to Seller 1/3/2024 $399,900.00 (1,320.00) (92.00) (1,400.00) (350.00) 13,196.70 10,797.30 (23,994.00) 399,900.00 (27,156.00) $372,744.00 These figures are estimates only. Your estimated selling expenses may be more or less which will affect your estimated equity. Hometown Realty, Inc dotloop verified 01 /04/24 8:57 AM CST Z8ZH-A3GF-JCRB-DGWA 1 of 1 1/3/2024, 3:38 PM 111 Hassan Street SE H-RA Hutchinson, MN 55350 Website: www.hutchinsonhra.com HUTCHINSON HOUSING AND (320) 234-4251 (320) 234-4240 Fax REDEVELOPMENT AUTHORITY Hutchinson HRA Regular Board Meeting November 21, 2023 Minutes 1. CALL TO ORDER Chair Renee Lynn Johnson Kotlarz called the meeting to order. Members Present: Renee Lynn Johnson Kotlarz, Gary Forcier, Robin Kashuba. Staff Present: Judy Flemming, and JJ Morgan. a. Gary Forcier moved to approve the agenda as presented. Robin Kashuba seconded and the motion carried unanimously. 2. PUBLIC COMMENTS No citizens addressed the HHRA Board of Commissioners. 3. MINUTES OF THE REGULAR BOARD MEETING ON OCTOBER 17, 2023 a. Gary Forcier moved to approve the minutes of the October 17, 2023 regular board meeting as presented. Robin Kashuba seconded and the motion carried unanimously. 4. FINANCIAL REPORTS Gary Forcier moved to approve the following: a. City Center General Fund payments of $29,427.73 for checks 9370 to 9378. b. City Center October 31, 2023 Financial Statements c. Park Towers Operating Account 1) Payments of $60,197.60 for checks 16176 to 16201; 2) Void check # 16199 because paid online and 3) EFT payment on 11/13/2023 for the $51.95 Visa Bill. d. Park Towers September 30, 2023 and October 31, 2023 Financial Statements e. Park Towers Replacement Reserves 10/31/2023 Balance of $757,757.18 Robin Kashuba seconded and the motion carried unanimously. 5. PROPOSED VACATION LEAVE, EARNED SICK AND SAFE LEAVE, AND BEREAVEMENT LEAVE POLICIES a. Robin Kashuba moved to approve the Proposed Vacation Leave, Earned Sick and Safe Leave, and Bereavement Leave Policies. Gary Forcier seconded and the motion carried unanimously. 6. PARK TOWERS a. Park Towers November Newsletter was presented. b. Park Towers Vacancy Report lists 3 vacancies and Judy Flemming reported an additional 3 vacant units have come available. c. Operation Update was provided to the Board by Judy Flemming. It included the following: 1) 13 more Electrical Panels have been replaced. 2) Annual Inspections & Recertifications have been completed. There were a few notices sent to units asking them to follow housekeeping standards. While doing inspections, staff placed insect traps in each home to monitor any insect issues. h HRA HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY 7. UPDATE ON HOUSE MOVE PROJECT 111 Hassan Street SE Hutchinson, MN 55350 Website: www.hutchinsonhra.com (320) 234-4251 (320) 234-4240 Fax a. Judy Flemming gave an update regarding the progress on the home. The garage has been framed and HRA staff was going to meet with contractors on the site that day to review options for siding on home and garage. b. Judy Flemming and the Board discussed the RFP requirements that would be sent out to Realtors regarding seeking their assistance to sell the home at 1831 Island View Circle SW. 8. DISCUSSION ON POSSIBLE HOUSING PROGRAMS & PROJECTS a. Judy Flemming reviewed the proposal that SWMHP sent in and let the board know she will be following up with SWMHP regarding Land Trust questions. b. The board discussed the need for additional information and to research possible resources to assist with the potential lead abatement that may need to be done at the 4-Plex. c. Gary Forcier wondered if the "Live and Work in Hutchinson" program should have an increased the maximum grant amount. Judy said that fund balance is running low, however the applicants can apply for the City Home Grant Program for the project too. 9. COMMUNICATIONS a. September & October Local Housing Market Update — Hutchinson was presented. b. The Board asked if staff could share HHRA Program information with the Welcoming Neighbor program. 10. ADJOURNMENT Gary Forcier moved to adjourn and Robin Kashuba seconded. The motion carried unanimously. There being no other business, Chair Renee Lynn Johnson Kotlarz declared the meeting adjourned. Recorded by Judy Flemming, HRA Executive Director Gary Forcier, Secretary/Treasurer