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cp11-14-2017CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 Phone320-587-5I51,Fax 320-234-4240 NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, November 14, 2017 4:00 p.m. Council Chambers — Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for Tuesday, November 14, 2017, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 1 11 Hassan Street SE, Hutchinson, Minnesota for the following purpose: • Review Enterprise Funds Budgets Matthewnich, City inistrator DATED: November 9, 2017 POSTED: City Center HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, NOVEMBER 14, 2017 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, input from constituents, and other questions or information that has notyet 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 — Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Proclamation — Designate November as General Aviation Appreciation Month (b) Resolution No. 14801 — Resolution Accepting Cash Donations to Hutchinson Fire Department (c) Resolution No. 14805 — Resolution Accepting Cash Donation for Hutchinson Area Dog Park PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for 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 October 24, 2017 CONSENT AGENDA (The items listedfor 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 I (a) Consideration for Approval of Assignment and Assumption of Purchase Agreement and Development Agreement from Titanium Partners, LLC, to HutchCobble, LLC as Part of the Cobblestone Inn Hotel Project (b) Consideration for Approval of Consent to Assignment and Agreement and Authorization for Mayor and City Administrator to Sign Relating to TIF Funding for HutchCobble LLC (c) Consideration for Approval of Resolution No. 14798 - Resolution in Support of Funding for US Highway 212: A Corridor of commerce (d) Consideration for Approval of Improvement Project Work Orders and Supplemental Agreements CITY COUNCIL AGENDA NOVEMBER 14, 2017 1. Work Order No. 2 — Letting No. 2, Project No. 17-02 (School Road SW/Roberts Road SW Improvements) 2. Supplemental Agreement No. 1 —Letting No. 3, Project No. 17-03 (School Road SW/Roberts Road SW Trail Improvements) (e) Consideration for Approval of Application by a Governmental Subdivision for Conveyance of Tax -Forfeited Lands for an Authorized Public Use (f) Consideration for Aproval of Items for Century Avenue SE Reconstruction (Letting No. 1, Project No. 18-01� 1. Resolution No. 14799 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 14800 - Resolution Receiving Report and Calling Hearing on Improvement (g) Consideration for Approval of Board/Commission Appointments 1. Reappointment of Steven Hahn to Airport Commission to September 2022 2. Appointment of Mark Hanneman to Bicycle/Pedestrian Advisory Committee to August 2019 (h) Consideration for Approval of Resolution No. 14802 — Resolution Regarding the Support of a Job Creation Fund Application on Behalf of UPONOR (i) Consideration for Approval of Resolution No. 14804 — Resolution Calling for a Public Hearing to Provide Citizen Input Prior to Submitting a Minnesota Investment Fund Grant Application (j) Consideration for Approval of Authorization to Sign Amended and Restated Development Agreement and Closing Documents with HutchCobble LLC to Complete the Sale of Land for the Hotel Project (k) Consideration for Approval of Issuing Short Term Gambling License to Crow River Cutters from December 1 — 18, 2017, at Landy Lodge (1) Consideration for Approval of Airport Engineering Work Order (m)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 t is portion oJ the agenda is to provide the Council with information necessary to craft wise policy. Ides items like monthly or annual reports and communications from other entities.) 9. DISCUSS PROPOSAL FOR PRESERVATION OF HISTORICAL CITY PLATS UNFINISHED BUSINESS 2 CITY COUNCIL AGENDA NOVEMBER 14, 2017 NEW BUSINESS 10. APPROVE/DENY APPROVAL OF RESOLUTION NO. 14803 — RESOLUTION FOR AUTHORIZATION TO APPLY TO MINNESOTA INVESTMENT FUND ON BEHALF OF UPONOR 11. APPROVE/DENY MINNESOTA DNR LICENSE FOR UTILITY TO CROSS PUBLIC WATERS 12. APPROVE/DENY DIRECTING STAFF TO DEVELOP A PLAN FOR GATEWAY PARK 13. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR NOVEMBER 28, 2017, AT 4:00 P.M. TO DISCUSS LIBRARY SQUARE SIGNAGE AND FUNDING FOR THE CENTER FOR THE ARTS 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, policy development and governance process items) 14. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Library Board Minutes from September 25, 2017 NHSCELLANEOUS 15. STAFF UPDATES 16. COUNCIL/MAYOR UPDATE ADJOURNMENT City of WL PROCLAMATION GENERAL AVIATION APPRECIATION MONTH NOVEMBER 2017 WHEREAS, the City of Hutchinson in the State of Minnesota has a significant interest in the continued vitality of general aviation, aircraft manufacturing, aviation educational institutions, aviation organizations and community airports; and WHEREAS, general aviation and the Hutchinson Municipal Airport (Butler Field) have an immense economic impact on the City of Hutchinson; and WHEREAS, Minnesota is home to 135 public -use airports, which serve 11,972 pilots and 5,679 active general aviation aircraft; and WHEREAS, Minnesota is home to I I I fixed -base operators, 52 repair stations, 83 heliports, 13 FAA -approved pilot schools, 2,033 flight students and 2,627 flight instructors; and WHEREAS, general aviation in Minnesota contributes over $5.3 billion; and WHEREAS, general aviation not only supports Minnesota's economy, it improves overall quality of life by supporting emergency medical and healthcare services, law enforcement, firefighting and disaster relief, and by transporting business travelers to their destinations quickly and safely; and WHEREAS, the nation's aviation infrastructure represents an important public benefit, and Congressional oversight should be in place of this system to ensure that it remains a public system and serves communities of all sizes; NOW THEREFORE, I, Gary Forcier, Mayor of the City of Hutchinson, do hereby proclaim general aviation a vital strategic resource to the City of Hutchinson and declare November 2017 as General Aviation Appreciation Month. Gary T. Forcier, Mayor Hutchinson, MN HUTCHINSON CITY COUNCIL c`=y-f 0, a_ � Request for Board Action 79 M-W Agenda Item: Resolution 14801 Approving Cash Donations Department: Finance LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑ Recognition of Gifts/Donations Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: The Fire Department recently received two donations as follows: 1. $100 donation from Modern Woodmen of America as part of a Hometown Hero program. Please see the following letter recognizing the Hutchinson Fire Department for its dedication in serving others. 2. $200 donation from Community Shares of Minnesota as part of a 2017 Dollars for Doers - Allina program. BOARD ACTION REQUESTED: Approve Resolution No. 14801, accepting the donations. 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: October 11, 2017 HUTCHINSON FIRE DEPARTMENT 205 3RD AVENUE SE HUTCHINSON MN 55350 Dear Hutchinson Fire Department: --=qw Modern Woodmen V. FRATERNAL FINANCIAL Touching lives. Securing futures.' Modern Woodmen of America 1701 1st Avenue Rock Island, IL 61201 Phone: 1-800-447-9811 www.mad ernwoodmen.org Congratulations on being honored as a Hometown Hero! Your efforts to serve your community have not gone unnoticed. In addition to the Hometown Hero recognition, Modern Woodmen of America is honored to send the enclosed check made payable to Hutchinson FD. Each year, local Modern Woodmen members recognize the work of individuals like you who are dedicated to serving others. Thank you for the good that you do! Sincerely, Fraternal Operations EM Encl. Life Insurance [ Annuities I Investments I Banking Products I Member Benefits Securities offered through I4 WA financial Services Inc. 019-526727 Charitable Organization: Hutchinson FD Date: 10-11-2017 Ck Num: 46-01527949 Amt: $100.00 2017 Hometown Hero Award Chapter 7052 Hometown Hero Voucher Date: Oct 11, 2017 Ck no: 46-41527949 Amount: $100.00 Modern Woodmen of America 1701 V Avenue • Rock Island, IL 61201 • Phone 1-800-447-9811 • www.modem-woodmen.org PLEASE DETACH DEFORE DEPOSITING CITY OF HUTCHINSON RESOLUTION NO. 14801 RESOLUTION ACCEPTING DONATIONS 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 amount set forth below to the city: Name of Donor Modern Woodmen of America Community Shares of Minnesota Amount Donation Date $100.00 10/11/2017 $200.00 7/26/2017 WHEREAS, such donations have been contributed to the Hutchinson Fire department for general purposes. WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donations described above are hereby accepted by the City of Hutchinson. Adopted by the City Council this 14th day of November 2017. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor Resolution No. 14805 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 organization has offered to contribute the cash amount set forth below to the City of Hutchinson: Name of Donor Amount Heart of Minnesota Animal Shelter $11,062.73 WHEREAS, the donation is being made to assist the City in the costs associated with the construction of Hutchinson Area Dog Park; and WHEREAS, The City Council hereby finds that it is appropriate to accept the donation offered and assign use to offset the costs associated with the construction of the Hutchinson Area Dog Park, and WHEREAS, the City Council would like to especially thank Amy Solinger and John Nichols for their work in securing these funds. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, NHNNESOTA: THAT, the donation described above is hereby accepted by the City of Hutchinson with the conditions as laid out in the resolution. Adopted by the City Council this 14th day of November 2017. Gary T. Forcier, Mayor Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL MEETING NHNUTES TUESDAY, OCTOBER 24, 2017 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, input from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda item) CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were John Lofdahl, Chad Czmowski, Mary Christensen and Steve Cook. Others present were Matt Jaunich, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Czmowski, second by Christensen, to approve agenda as presented. Motion carried unanimously. 2. INVOCATION — Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 14797 - Resolution Accepting Donation of Equipment from TDK- Hutchinson Technology for Wastewater Treatment Facility Motion by Cook, second by Lofdahl, to approve Resolution No. 14797. Motion carried unanimously. (b) Recognition of 3M — Donation to Fire Apparatus/Roadway Safety Project Chief Mike Schumann presented before the Council. Chief Schumann introduced representatives from 3M who were instrumental in a donation to the fire department for chevron striping on fire department equipment. 3M provided all of the materials for the striping project which saved the fire department several thousand dollars. Mayor Forcier provided a framed picture of all HFD fire apparatus displaying the new chevron striping and safety improvements provided to the department. PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for 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 October 10, 2017 (b) Workshop Meeting of October 10, 2017 Motion by Czmowski, second by Christsensen, to approve minutes as presented. Motion carried unanimously. CITY COUNCIL MINUTES OCTOBER 24, 2017 CONSENT AGENDA (The items listedfor 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 Improvement Project Change Orders 1. Change Order No. 3 — Letting No. 6, Project No. 17-06 (Hotel Site Access Improvements) 2. Change Order No. 4 — Letting No. 6, Project No. 17-06 (Hotel Site Access Improvements) 3. Change Order No. 4 — Letting No. 4, Project No. 16-04 (Golf Course Road Water Tower Rehab) 4. Change Order 1 — Letting No. 2, Project No. 17-02 (School Road & Roberts Road Reconstruction) (b) Consideration for Approval of Items for City Alley 917 Improvements (Letting No. 15, Project No. 17-15) 1. Resolution No. 14795 - Resolution Declaring Adequacy of Petition and Ordering Preparation of Report on Improvement 2. Resolution No. 14796 - Resolution Receiving Report and Calling Hearing on Improvement (c) Consideration for Approval of Resolution No. 14793 — Resolution for Certification of Special Assessments from City of Hutchinson to McLeod County Auditor (d) Consideration for Approval of Resolution No. 14794 - Resolution Adopting Findings of Fact and Reasons for Approval of a Conditional Use Permit for Light Manufacturing of Automotive Aftermarket Parts in an I/C Zoning District Located at 760 Airport Road with Favorable Planning Commission Recommendation (e) Claims, Appropriations and Contract Payments Item 7(b) was pulled for separate discussion. Motion by Christensen, second by Czmowski, to approve consent agenda with the exception of Item 7(b). Motion carried unanimously. Item 7(b) had further discussion. Council Member Cook asked about the costs for this project. This project seems to be more expensive in nature compared to Alley 952. Kent Exner noted that this alley is concrete work and has different pieces to the project that Alley 952 did. Exner noted that for proper drainage an inverted "V" must be built which can only be done with concrete as opposed to asphalt. Motion by Cook, second by Lofdahl, to approve Item 7(b). Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. WELLHEAD PROTECTION PLAN PART 2 FOR THE CITY OF HUTCHINSON John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that the City is in the process of developing a wellhead protection plan amendment for its drinking water supply wells. Part 2 for this system is required in accordance with Minnesota Rule and has been distributed to adjacent local government units for their review. This 2 CITY COUNCIL MINUTES OCTOBER 24, 2017 portion of the plan includes information pertaining to the inventory of potential contaminants of concern within the drinking water supply management area; the data that was considered in this portion of the plan; issues, problems, and concerns within the drinking water supply management area; goals, objectives, and action strategies to address the issues and concerns within the drinking water supply management area; a plan evaluation strategy; and a contingency strategy in the event of the water system disruption. Mr. Paulson provided an overview regarding the required changes to Part 2 of the Wellhead Protection Plan. No public comments were received. Motion by Cook, second by Christensen, to close public hearing. Motion carried unanimously. Mr. Paulson noted that some minor typographical errors have been identified in the plan and will be corrected before being submitted to the Minnesota Department of Health. Motion by Lofdahl, second by Cook, to approve Resolution No. 14782 — Resolution Approving Wellhead Protection Plan (Part II). Motion carried unanimously. MM"ICATIONS REQUESTS AND PETITIONS purpose oJ this portion oJ the agenda is to provide the Council with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS 9. APPROVE/DENY ORDINANCE NO. 17-779 — AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY -OWNED LAND TO TITANIUM PARTNERS, LLC (SECOND READING AND ADOPTION) Marc Sebora, City Attorney, noted that this is the second reading of this ordinance. This conveyance is related to the hotel development project on Hwy 7/Hwy 15. Motion by Czmowski, second by Christensen, to approve second reading and adoption of Ordinance No. 17-779. Motion carried unanimously. 10. APPROVE/DENY ORDINANCE NO. 17-778 —AN ORDINANCE SUSPENDING HOURS OF LIQUOR SALES ON OCTOBER 29, 2017 (SECOND READING AND ADOPTION) Matt Jaunich, City Administrator, noted that this is the second reading and adoption of the ordinance to alter liquor sales from 10:00 a.m. to 8:00 a.m. on October 29, 2017, to accommodate the Vikings game which is being televised at 8:30 a.m. Motion by Czmowski, second by Cook, to approve second reading and adoption of Ordinance No. 17-778. Motion carried unanimously. NEW BUSINESS 11. APPROVE/DENY BID AWARD FOR FIRE DEPARTMENT SELF CONTAINED BREATHING APPARATUS Chief Mike Schumann presented before the Council. Chief Schumann explained that two bids were received for the SCBA equipment. One bid was received from Scott for a grand CITY COUNCIL MINUTES OCTOBER 24, 2017 total of $141,992 and one bid was received from MSA for a grand total of $133,956. A detailed analysis of the bids was conducted by the SCBA committee and the fire department is recommending the purchase of the MSA brand SCBA per the received bid evaluations. Motion by Czmowski, second by Lofdahl, to approve bid award to MSA for Hutchinson Fire Department self contained breathing apparatus. Council Member Cook clarified that the bid comparisons were analyzed comparatively. Matt Jaunich noted that MSA has been identified as the lowest responsible bidder. Motion carried unanimously. 12. APPROVE/DENY MNDOT LOCAL ROAD IMPROVEMENT PROGRAM GRANT APPLICATION Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is requesting authorization to submit a grant application for up to $1,000,000. If funds are received from this grant, staff would propose to use it for improvements on South Grade Road from Dale Street to Hwy 15. These improvements could include trail improvements and/or intersection corrections. If awarded, this project would most likely be scheduled in 2019. Council Member Cook requested that staff share with the Council the application contents after submitted. Motion by Cook, second by Christensen, to approve MnDOT Local Road Improvement Program Grant Application. Motion carried unanimously. 13. APPROVE/DENY SETTING ENTERPRISE FUNDS BUDGET WORKSHOP FOR NOVEMBER 14, 2017, AT 4:00 P.M. Matt Jaunich explained that this workshop will be for the annual review of enterprise funds. Motion by Czmowski, second by Cook, to set enterprise funds budget workshop for November 14, 2017, at 4:00 p.m. Motion carried unanimously. GOVERNANCE (The purpose of this 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, policy development and governance process items) 14. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Tall Grass/Noxious Weed Monthly Report for September 2017 b) Housing & Redevelopment Authority Board Minutes from September 19, 2017 �c) Planning, Zoning, Building Department Quarterly Report d) City of Hutchinson Financial Report and Investment Report for September 2017 (e) Planning Commission Minutes from January — September, 2017 Council Member Cook asked about the TIF District being proposed by the HRA. Matt Jaunich noted that he will speak with the HRA Director and provide more information. MISCELLANEOUS 15. STAFF UPDATES .19 CITY COUNCIL MINUTES OCTOBER 24, 2017 Kent Exner — School Road/Roberts Road is completely finished. Parking Lot I is nearing completion. Hotel access roadway paving base course was put down today and wear course should go down tomorrow. Century Avenue trail maintenance work is being done adjacent to Ridgewater College. Matt Jaunich — The hotel ground breaking is scheduled for Thursday at 1:30 p.m.; City recognition event is Thursday at 5:30 p.m.; opening of dog park set for November 9; November 10 City Center closed for Veterans' Day 16. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook asked about upcoming board/commission openings and potential board members. He also asked about the Creekside and Tree Boards and how they may be dissolved with a new Sustainability Board being created. Council Member Cook asked about scheduling a workshop to discuss the Library Square sign proposed. Mr. Jaunich noted that a workshop is being considered for November 28, 2017. Council Member Cook asked if the Council is in agreement with placing on the next agenda developing a plan for Gateway Park near Girl Scout Park. This was discussed several years ago. The Council was in agreement about placing this on the next agenda. Mary Christensen — Council Member Christensen reminded the Council that the plat maps in the Council Chambers have been discussed about being preserved. Mr. Jaunich noted that the City's facility manager is working on proper preservation of the plat maps. John Lofdahl — Council Member Lofdahl spoke about the City potentially hosting the 2019 Governor's Pheasant Opener. He feels that the City can adequately host this event and it would be a great opportunity to showcase Hutchinson. Mr. Jaunich noted that this item will be added as a Council goal/priority in 2018. Gary Forcier — Mayor Forcier noted that he intends to appoint Mark Hanneman to the Bicycle/Pedestrian Advisory Committee; He also noted that Steve Schramm, Tiffany Haag, and Mark Cormier are interested in serving on the Charter Commission and their names will be submitted to the chief judge for appointment. The Public Arts Commission has one opening and is still seeking board members. Mayor Forcier also noted that an anchor has been installed at Veterans' Memorial Park and will be dedicated next year. ADJOURNMENT Motion by Cook, second by Lofdahl, to adjourn at 7:00 p.m. Motion carried unanimously. 5 HUTCHINSON CITY COUNCIL cityU/ Request~ for Board Action Agenda Item: AUTHORIZATION TO SIGN ASSIGNMENT AND ASSUMPTION OF PURCHAP� Department: EDA LICENSE SECTION Meeting Date: 11/14/2017 Contact: Miles R. Seppelt Application Complete NIA Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff F-1 Consent Agenda Time Requested (Minutes): p License Contingency NIA Attachments: Yes BACKGROUND/EXPtA NA TION OF AGENDA ITEM: The developer of the Cobblestone Inn hotel project, Titanium Partners LLC, has established a new legal entity that will own and operate the hotel. The new entity is called Hutchcobble LLC. Included in the Council packet are two documents assigning the existing Purchase Agreement and Development Agreement to the new legal entity and indicating the City's acceptance of that assignment. All subsequent legal agreements for the Cobblestone Inn Hotel project will be with Hutchcobble LLC. If you have any questions or need additional information, please give me a call anytime at 234 -4223 - BOARD ACTION REQUESTED: Approve Assignment and Assumption of Purchase and Development agreements from Titanium Partners, LLC to Hutchcobble, LLC as part of the Cobblestone Inn Hotel project. Fiscal Impact: $ C.qp FTE Impact: 0,00 Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Remaining Cost: Funding Source: NIA Budget Change: No Funding Source S000 Funding Source: ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT This Assignment and Assumption of Purchase Agreement ("Assignment") is entered into effective as of 92017 by and between Titanium Partners, LLC, a Minnesota limited liability company ("Assignor") and Hutchcobble, LLC, a Minnesota limited liability company ("Assignee"}. RECITALS A. Assignor, as Buyer, and the City of Hutchinson, a public body corporate and politic ("City"), as Seller, entered into a Purchase Agreement (the "Purchase Agreement") dated 2017 relating to certain real property consisting of approximately 2.85 acres located a�Avenue NE in the City of Hutchinson, County of McLeod, Minnesota, described as follows: Lot 1, Block I Prochnow Addition (the "Property") B. Pursuant to the Purchase Agreement, Assignor made a deposit of $1,000 (the "Earnest Money'). C. Assignor desires to assign and Assignee desires to accept and assume the rights and obligations of Assignor as the `Buyer" under the Purchase Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Assignor and Assignee agree as follows: 1. Assignor assigns to Assignee Assignor's entire right, title and interest in, to and under the Purchase Agreement, the Property and the Earnest Money. 2. Assignee accepts the foregoing assignment and agrees to be bound by the terms and conditions of the Purchase Agreement and to assume and perform the duties, obligations and liabilities of Assignor under the Purchase Agreement. 3. In addition, for the purpose of inducing City to approve this Assignment, Assignee represents and warrants, as to itself, as of the date of this Assignment and as of the Closing Date (as that term is used and defined in the Purchase Agreement) as follows: (a) Authority and Capacity. Assignee has full power, authority and capacity to enter into and perform this Assignment in accordance with its terms. (b) Environmental Condition. Assignee acknowledges receipt of Phase 1 and Phase II environmental investigations, detailing the environmental condition of the Rlsere/brianforcialDeskt�1i6a7557-Assignment and Assumption ofP.doc Property. Assignee further acknowledges receipt of the Response Action Plan for the Property. ASSIGNOR Titanium Partners, LLC By: Name: Brian D. Fortier Title: Chief Manager KVINT"04,11 3", Hutchcobblc, LLC By:'�� Z' - Name: Brian D. Forcier Title: Manager City of Hutchinson (i) approves the assignment and assumption set forth above, (ii) agrees to accept the performance of the duties, obligations and liabilities of Assignor under the Purchase Agreement from Assignee, and (iii) releases Assignor from its duties, obligations and liabilities under the Purchase Agreement. SELLER CITY OF HUTCHINSON By: Its: me By: Its: 2 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT This Assignment and Assumption of Development Agreement ("Assignment") is entered into effective as of , 2017 by and between Titanium Partners, LLC, a Minnesota limited liability company ("Assignor") and Hutchcobble, LLC, a Minnesota limited liability company ("Assignee"). RECITALS A. Assignor and the City of Hutchinson, a public body corporate and politic ("City") entered into a Development Agreement (the "Development Agreement") dated 2017 relating to certain real property consisting of approximately 2.86 acres located at. 4 4 Avenue NE in the City of Hutchinson, County of McLeod, Minnesota, described as follows: Lot 1, Block 1 Prochnow Addition (the "Property"). B. Assignor desires to assign and Assignee desires to accept and assume the rights and obligations of Assignor as the "Developer" under the Development Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Assignor and Assignee agree as follows: 1. Assignor assigns to Assignee Assignor's entire right, title and interest in, to and under the Development Agreement. 2. Assignee accepts the foregoing assignment and agrees to be bound by the terms and conditions of the Development Agreement and assume and perform the duties, obligations and liabilities of Assignor under the Development Agreement. 3. In addition, for the purpose of inducing City to approve this Assignment, Assignee represents and warrants, as to itself, as of the date of this Assignment and as of the Closing Date (as that term is used and defined in the Development Agreement) as follows: (a) Assignee is a limited liability company organized and validly existing under the laws of the State of Minnesota. (b) Assignee has duly authorized the execution of this Assignment and the performance of its obligations hereunder and under the Development Agreement, and neither the execution and delivery of this Assignment, the consummation of the transactions contemplated by this Assignment or the Development Agreement, nor the fulfillment of or compliance with the terms and conditions of this Assignment or the Development Agreement, is prevented, limited by or conflicts with or results in a breach of, any indebtedness, agreement or instrument of whatever IUserslhrianForcierll7esktpp11607644-Ansignmentand Assumption of D[l].dot nature to which Assignee is now a party or by which it is bound, or constitutes a default under any of the foregoing. (c) There are no pending or threatened legal proceedings of which Assignee has knowledge that seek to restrain or enjoin the transactions contemplated by this Agreement or which question the authority of Assignee to execute and deliver this Assignment or the validity of this Assignment. (d) The estimated value of the Development (as that term is defined on the Development Agreement) is $3.2 million. (e) To the best of Assignee's knowledge and belief, the execution and delivery of this Assignment will not create a conflict of interest prohibited by Minnesota Statutes, Section 469.409, as amended. (f) Assignee has obtained funding in an amount sufficient, to enable Assignee to successfully complete the construction of the Development. (g) Within two years of completion of the Development, Assignee or the successor owner of the Property will have created a minimum of 11.5 full-time equivalent jobs at the Development. RVIN U40ral 1.17 Titanium Partners, LLC By: � Z Name: Brian D. Forcier Title: Chief Manager ASSIGNEE Hutchcobble, LLC By:4e;�L Name: Brian D. Forcier Title: Manager City of Hutchinson (i) approves the assignment and assumption set forth above, (ii) agrees to accept the performance of the duties, obligations and liabilities of Assignor under the 2 Development Agreement from Assignee, and (iii) releases Assignor from its duties, obligations and liabilities under the Development Agreement. SELLER CITY OF HUTCHINSON By: Its: -and- By: Its: HUTCHINSON CITY COUNCIL c`=y-f 0, a_ � Request for Board Action 79 M-W Agenda Item: CONSIDERATION OF CONSENT TO ASSIGNMENT AND AGREEMENT AND g Department: EDA LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The developer of the Hwy 7/15 hotel project (HutchCobble, LLC) and the bank providing primary financing on the project (Citizens Bank & Trust of Hutchinson) are requesting that all payments of tax increment generated by TIF District 4-19 (the Hotel TIF District) be paid directly to the bank to provide additional security for the loan from Citizens Bank. The City Attorney has reviewed the document and is satisfied that city's interests are protected. Included in the City Council packet is the "Consent to Assignment and Agreement" for your review. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Approval of motion to approve Consent to Assignment and Agreement and authorization for Mayor and City Administrator to sign. Fiscal Impact: $ 0.00 Funding Source: N/A 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: CONSENT TO ASSIGNMENT AND AGREEMENT THIS CONSENT AGREEMENT (this "Agreement") is made as of , 2017 by and among the CITY OF HUTCHINSON, a municipal corporation and political subdivision of the State of Minnesota (the "Ct "), HUTCHCOBBLE LLC, a Minnesota limited liability company (the "Borrower") and CITIZENS BANK & TRUST CO., HUTCHINSON, MINN, a Minnesota banking corporation (the "Lender"). RECITALS: A. The Borrower and Lender are parties to that certain Construction Loan Agreement dated on or about the date herewith (the "Loan Agreement"), pursuant to which the Lender has agreed to extend four loans to the Borrower: one loan in the total maximum amount of up to $412,000 ("Term Loan Al"), one loan in the total maximum amount of up to $2,367,500 ("Term Loan AT'), one loan in the total maximum amount of up to $1,667,700 ("Term Loan B"), and one loan in the total maximum amount of up to $937,000 ("Term Loan C", together with Term Loan Al, Term Loan A2 and Term Loan B, the "Loans", and each, a "Loan"). Capitalized terms used, but not defined, herein shall have the meaning given to such terms in the Loan Agreement. B. Term Loan Al and Term Loan A2 are secured by, among other things, the First Mortgage and the Security Agreement. Term Loan B is secured by, among other things, the Second Mortgage. Term Loan C is secured by, among other things, the Assignment of Plans. The Loans are also secured by certain UCC Financing Statements and certain other Loan Documents executed and delivered to the Lender in connection with the Loan Agreement. Pursuant to the Loan Documents, Borrower has pledged all of its right, title and interest in and to the Project Agreements (defined below) to the Lender. C. It is a condition precedent to Lender's agreement to make the Loans that the City consent to the security interest and assignments contemplated by the Loan Documents and otherwise agree with the Lender as set forth herein. NOW, THEREFORE, the City, the Borrower and the Lender agree as follows: 1. Defined Terms. As used in this Agreement, the following terms shall have the following respective meanings: "Development Agreement" means that certain [First] Amended and Restated Development Agreement by and between the Borrower and City dated 2017, as amended from time to time. Note. "Project Agreements" means, collectively, the Development Agreement and the TIF "TIF Plan" shall have the meaning given such term in the Development Agreement. "TIF Note" means that certain Limited Tax Increment Revenue Note of 2017 (Tax Increment Financing District No. 4-19) dated as of , 2017 and payable by City in the original principal amount of $ 2. Consent. The City hereby consents to the assignment of, and granting of a security interest in, the Project Agreements to the Lender pursuant to the Loan Documents. The City agrees it will 103843140 not enter into any amendment, termination or modification of, or unilaterally amend, modify or terminate, the Project Agreements without the prior written consent of Lender. 3. Payments on TIF Note. The Borrower hereby directs the City to pay, and the City hereby agrees to make, all payments due and owing to the Borrower under the TIF Note to the following deposit account maintained at the Lender: Citizens Bank & Trust Co., Hutchinson, Minn Account No: ABA No.: Account Name: Reference: [TIF Note Payments] 4. Borrower Default. If Borrower defaults under the terms of any Project Agreement, notice of such default shall be given to Lender by the City and thereafter Lender shall have 90 days to cure such default, but Lender will not have any duty or obligation to cure such default. Notice shall be given to Lender in writing at: Citizens Bank & Trust Co., Hutchinson, Minn 102 Main Street South P.O. Box 339 Hutchinson, MN 55350 Attention: Anthony Hanson Fax: 320.587.5738 5. Project Documents. The City, with the understanding that Lender will rely upon the statements and representations made by the City herein in providing the Loans, hereby certifies, represents, warrants and confirms to the Lender, its successors and assigns, that, as of the date hereof: (a) The TIF Note was issued pursuant to the Development Agreement. (b) No default or Event of Default (as defined in the Development Agreement), however denominated, has occurred and is continuing under the terms of any of the Project Agreements, and to the best of the City's knowledge, no other circumstance or event exists or has occurred that could result in the termination of any of the Project Agreements. (c) To the knowledge of the City, the Borrower has complied with all of the terms and conditions of the Development Agreement. (d) The TIF Plan was adopted by the duly elected City Council of the City on September 26, 2017. 6. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Minnesota. 7. Counterparts: Digital Copies. This Agreement may be executed in several counterparts as deemed necessary or convenient, each of which, when so executed, shall be deemed an original, provided that all such counterparts shall be regarded as one and the same document, and any party to this W 103843140 Agreement may execute any such agreement by executing a counterpart of such agreement. A facsimile or digital copy (pdf) of this signed Agreement shall be deemed to be an original thereof. 8. Obligations of City. Lender hereby acknowledges that the TIF Note is a special, limited revenue obligation and not a general obligation of the City and is payable by the City only from the sources and subject to the qualifications stated or referenced therein. Neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of or interest on the TIF Note and no property or other assets of the City, except the Available Tax Increments (as defined in the TIF Note) is or will be a source of payment of the City's obligations under the TIF Note. [Remainder of page intentionally blank] 103843140 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date and year first above written. CITY OF HUTCHINSON By: Name: Title: Mayor By: Name: Title: City Administrator HUTCHCOBBLE LLC By: Name: Title: CITIZENS BANK & TRUST CO., HUTCHINSON, MINN By: Name: Title: 103843140 RESOLUTION NO. 14798 RESOLUTION IN SUPPORT OF FUNDING FOR US HIGHWAY 212: A CORRIDOR OF COMMERCE WHEREAS, Highway 212 serves a critical role in connecting the Greater Minnesota to Twin Cities markets in the Metropolitan Area and has been designated an Interregional Corridor, while also being placed on the National Highway System; WHEREAS, the City of Hutchinson has been assigned an Interregional Corridor by the Minnesota Department of Transportation (MnDOT) consisting of State Highway 22 to Highway 212; WHEREAS, the City of Hutchinson is a regional population center currently not provided direct access to a four -lane highway system; WHEREAS, the City of Hutchinson has significant transportation needs relative to commercial, industrial, agricultural, commuter and recreational traffic; WHEREAS US Highway 212 is heavily used by freight traffic with 1,850 heavy trucks in the corridor daily and freight traffic in Southwest Minnesota will potentially grow by 200 percent by 2030, increasing truck traffic on Highway 212 dramatically; WHEREAS The Corridors of Commerce program was created to accelerate improvements to corridors that are not being addressed through the regular program, including projects that span multiple MnDOT districts, and the legislature specifically identified US Highway 212 as a Corridor of Commerce in legislation passed in 2017; WHEREAS Traffic volumes in year 2030 are forecast to increase to between 21,000 and 28,000 vehicles per day or two to three times the existing traffic volumes, exceeding the capacity of the existing two- lane facility; WHEREAS An Environmental Assessment has been approved for the 4.6 mile 2 -lane gap between Cologne and Carver and the project is ready for construction upon securing right-of-way and final design; WHEREAS forty-one communities and local chambers of commerce have passed resolutions supporting improvements to Highway 212 to expand the capacity of this highway and the Board of Commissioners of every county along the corridor has passed such a resolution; WHEREAS the current highway poses serious safety problems as it switches from a four -lane facility west of Chaska to a two-lane highway, then switches back to a four -lane highway around Cologne and back to a two-lane highway from Cologne to Norwood Young America and would be much safer and much better able to handle present and projected traffic flows if it were a continuous four -lane highway through this area; WHEREAS Congress and the State of Minnesota have recognized the need to expand this critical trade link to the Twin Cities Metropolitan Area and have previously provided funding through the ISTEA Resolution No. 14798 - Page 1 Transportation Authorization bill, TEA -21 Authorization bill, the 2002 Transportation Appropriations bill, the 2003 Transportation Appropriations bill, the 2004 Transportation Appropriations bill and SAFETEA- LU; WHEREAS Multi -modal connections to or near Highway 212 include: freight rail lines, intermodal terminals, park-and-ride lots, transit service, state trails and airports. NOW, THEREFORE, BE IT RESOLVED that the City of Hutchinson strongly supports the inclusion of funding from the Corridors of Commerce program to support the $110 million of needed improvements that will complete the highway to a continuous four -lane highway to Norwood Young America and that any maps or lists of Corridors of Commerce highways include US Highway 212. Adopted by the Hutchinson City Council this 14th day of November, 2017. Gary Forcier, Mayor Attest: Matthew Jaunich, City Administrator Resolution No. 14798 - Page 2 HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: Approval of Imp Project Change Orders/Work Orders/Supplemental Agreements Department: PW/Eng LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and/or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders and/or Work Orders are proposed as noted: - Work Order No. 2 — Letting No. 2/Project No. 17-02 — School Road & Roberts Road Reconstruction This Changer Order addresses miscellaneous extra work items including lowering of storm sewer manholes, remove extra thich bituminous, casting for catch basin manhole, sawing for added catch basin, fix/repair existing storm sewer lead offset pipe, common excavation, pilot light project and relocation of 2 trees. This work results in a total increase in the Contract in the amount of $33,772.64. This work does not affect the Interim Completion Date or Final Completion Date. - Supplemental Agreement No. 1 - Letting No. 3/Project 17-03 - School Rd SW & Roberts Rd SW Trail This Supplemental Agreement addresses the extension of the Final Completion Date from September 29, 2017 to October 16, 2017 due to weather and utility installations. This extension does not affect the total Contract amount. BOARD ACTION REQUESTED: Approval of Change Orders & Work Order Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: STATE AID FOR LOCAL TRANSPORTATION WORK ORDER FOR MINOR EXTRA WORK City/lBvw 4rof City of Hutchinson Work Order No. 2 Page 1 of 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. NA SAP 133-117-014 & SAP 133-116-003 L2P17-02 L2P17-02 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK R & R Excavating School Rd SW & Roberts Rd SW 1149 Hwy 22 South TOTAL WORK ORDER AMOUNT Hutchinson, MN 55350 $33,772.64 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. This Work Order addresses miscellaneous extra work items as follows: 1. Lower 3 storm sewer manholes on Roberts East. 2. Remove extra thick bituminous on Phase 3 Roberts Rd. 3. Casting for new catch basin manhole on School Rd in townhome driveway. 4. Sawing for added catch basin on Phase 3 Roberts & Lakeview N E quadrant that was omitted from plan. 5. Fix/Repair existing storm sewer lead offset pipe at Roberts/Lakeview Lane SE quadrant. 6. Common Excavation plus CL5 for Roberts Phase 3 7. Pilot Light Project - 2 - 30' poles and lights. 8. Relocate 2 trees at 1401 Roberts Rd due to stakes being moved. This Work Order does not affect the Interim Completion Date or Final Completion Date. This Work Order results in an increase of $33,772.64 to the contract amount. COST BREAKDOWN Item No. IItem Item No. JUnit IUnit Price lQuantity lAmount Funding Category No. 001 2506.503 RECONSTRUCT STORM MANHOLE 152 EACH $750.00 2 $1,500.00 2506.602 ADJUST DRAINAGE STRUCTURE 153 EACH $500.00 1 $500.00 2104.507 REMOVE BITUMINOUS RUBBLE 154 CU YD $29.75 12 $357.00 2506.602 CASTING ASSEMBLY SPECIAL 155 EACH $260.00 1 $260.00 2506.602 MODIFY DRAINAGE STRUCTURE 156 EACH $240.00 1 $240.00 2503.601 MAINTENANCE OF STORM SEWERS 157 LUMP SUM $1,200.00 1 $1,200.00 2105.607 EXCAVATED MATERIAL 158 CU YD $13.55 646 $8,753.30 2105.541 STABILIZING AGGREGATE 159 CU YD $27.29 646 $17,629.34 2545.602 INSTALL LIGHTING UNIT 160 EACH $1,265.00 2 $2,530.00 2104.602 RELOCATE TREE 161 EACH $250.00 2 $500.00 3882.100 CONTRACTOR 10% ALLOWANCE (APPLIED TO ITEMS 160 & 161 ONLY) 162 LUMP SUM $303.00 1 $303.00 Funding Category No. 001 Total: $33,772.64 Work Order No. 2 Total: $33,772.64 ' Funding category is required for tederal projects. \pproved By Project Engineer: Kent Exner Approved By Contractor: R & R Excavating approved by the Hutchinson City Council on 11/14/2017. Signed Signed Date: 11/14/2017 Phone: (320) 234-4212 Date: Phone: (320) 587-5918 Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: Orig. Contract $2,049,044.52 Prev. COMVO $57,095.55/This CO/WO $33,772.64 Revised Contract Amount $2,139,912.71 STATE AID FOR LOCAL TRANSPORTATION SUPPLEMENTAL AGREEMENT City/County of City of Hutchinson Supplemental Agreement No. 1 Page 1 of 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. SAP 133-090-004 L3P17-03 L3P17-03 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Knife River Corporation School rd SW & Roberts Rd SW - Trail 4787 Shadow Wood Dr TOTAL SUPPLEMENTAL AGREEMENT AMOUNT Sauk Rapids, MN 56379 $0.00 This Contract is between the Local Government Entity and Contractor as follows: WHEREAS: THE FINAL COMPLETION DATE SHALL BE ADJUSTED FROM SEPTEMBER 29, 2017 TO OCTOBER 16, 2017 DUE TO WEATHER AND UTILITY INSTALLATIONS. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: THE FINAL COMPLETION DATE IS HEREBY ADJUSTED FROM SEPTEMBER 29, 2017 TO OCTOBER 16, 2017. COST BREAKDOWN There are no items associated with this Supplemental Agreement. * Funding category is required for federal projects. Approved By Project Engineer: Kent Exner Approved By Contractor: Knife River Corporation Signed Signed Date: 11/14/2017 Phone: (320) 234-4212 Date: Phone: (320) 258-2943 Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: HUTCHINSON CITY COUNCIL c`=y-f 0, a_ � Request for Board Action 79 M-W Agenda Item: Conveyance of Tax-Forfeited Lands for an Authorized Public Use Department: PW/Eng LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff was fairly recently informed of a stormwater pond (Fairway Estates Subdivision - Heritage Ave NW area) property being included on McLeod County's tax-forfeiture list. Since this parcel is already encompassed by a City drainage and utility easement, City staff has determined that it would be in the City's best interest to obtain this property for a public use to avoid any potential property owner conflicts or adverse situations. Thus, McLeod County staff has directed the City to administer the attached application. BOARD ACTION REQUESTED: Approval of Application 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: 25-117-30-12-0380 23.428.0590 f� 1402 HERITAGE AVE NW 7AL N6GIS ou rRv 11,446 K"C Print Date: November 1, 2017 Application by a Governmental Subdivision for Conveyance of Tax -Forfeited Lands for an Authorized Public Use (Minnesota Statutes, Section 282.01, Subdivision la through le) In McLeod County Name of governmental subdivision (applicant): Mailing address of applicant: 1 1 1 Hassan ST SE City of Hutchinson Hutchinson, MN 55350 Date requested property was forfeited to the State: ,�F'7L�1:WITO (month) (day) (year) Legal description of property (include the name of the city/town in which the property is located): Parcel #23.428.0590 Outlot D (Pond) Fairway Estates 2nd Addition Describe the intended public use to be made of the property (be specific, including statute or special law references, if relevant): This property has an existing storm water pond. City intends to continue use for storm water treatment. State the need for the property (be specific, e.g., why this property instead of some other property?): Continued use and maintenance of existing storm water pond. A Wetland Certification Form Must Be Attached To This Application STATE OF MINNESOTA ) ) SS. COUNTY OF MCLEOD ) I, Matthew Jaunich being first duly sworn, deposes and says that he/she is the authorized representative of the applicant named herein, that he/she has read said application and knows the contents thereof, and that the matters stated therein are true and correct. Name Matthew Jaunich Title City Administrator, City of Hutchinson Subscribed and sworn to before me this 14th day of November _'20 17 Notary Public, McLeod Minn. My Commission expires 01/31/2021 County, STAMP RECOMMENDATION OF COUNTY BOARD UPON APPLICATION The County Board of McLeod County, Minnesota, has reviewed the application of (applicant name) dated , 20 , for the Conveyance for an authorized public use of certain tax -forfeited land described therein. The county board recommends that this application be: rejected granted County Board Chair Date CERTIFICATION OF COUNTY AUDITOR OR LAND COMMISSIONER I, Cindy Schultz Ford, have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax -forfeited land for conveyance for an authorized public use. Signature of County Auditor OFFICE OF THE COMMISSIONER OF REVENUE St. Paul, Minnesota, Upon due consideration of this application, it is ordered that it is hereby: rejected Commissioner of Revenue an Date 20 granted HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: Items for Century Avenue SE Reconstruction Project (L1/P18-01) Department: PW/Eng LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above referenced project letting at their December 12th meeting. Please note that City staff will be administering a Project Open House meeting (Tuesday, November 21st) to discuss project related information with adjacent property owners prior to this future hearing. BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 2,248,000.00 Total City Cost: $ 1,798,000.00 Funding Source: Bonding, Federal Aid, Water, WW, SW Funds Remaining Cost: $ 450,000.00 Funding Source: Special Improvement Assessments RESOLUTION NO. 14799 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 1/PROJECT NO. 18-01 WHEREAS, it is proposed to improve: Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement, called Letting No. 1 /Project No. 18-01, be referred to the Engineer for study and that that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Adopted by the Council this 14trh day of November 2017. Mayor: Gary Forcier City Administrator: Matthew Jaunich HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT Hutchinson City Center/111 Hassan St SE/Hutchinson MN 55350-2522/320-234-4209/FAX 320-234-4240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor & City Council FROM: Kent Exner, DPW/City Engineer DATE: November 14, 2017 SUBJECT: Letting No. 1/Project No. 18-01 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L1/P18-01 Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances. ESTIMATED COST TOTAL Construction Cost $1,800,000 Engineering $270,000 Administration $108,000 Engineering Services - Geotechnical $40,000 Street Lighting Materials $30,000 ESTIMATED TOTAL $2,248,000 ESTIMATED FUNDING TOTAL Assessable Costs $450,000 Federal Aid $1,000,000 State Aid $0 City - Bonding $608,000 Cit -Water Funds $120,000 City -Wastewater Funds $20,000 Ci - Stormwater Funds $50,000 ESTIMATED TOTAL $2,248,000 RESOLUTION NO. 14800 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 1/PROJECT NO. 18-01 WHEREAS, pursuant to a resolution of the Council adopted November 14th, 2017, a report has been prepared by Kent Exner, Public Works Director/City Engineer with reference to the following proposed improvements: Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances; and said report was received by the Council on August 22nd, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvement in accordance with the report at an estimated total cost of the improvement of $2,248,000.00. 2. A public hearing shall be held on such proposed improvements on the 12th day of December, 2017, in the Council Chambers of the Hutchinson City Center at 6:00 PM and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 14th day of November 2017. Mayor: Gary Forcier City Administrator: Matthew Jaunich PUBLICATION NO. 8259 NOTICE OF HEARING ON IMPROVEMENT L1 P18-01 (LETTING NO. 1/PROJECT NO. 18-01) TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 12th day of December, 2017, to consider the making of an improvement of Letting No. 1 /Project No. 18-01, an improvement of: Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances. pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The estimated City cost of said improvement is $798,000.00, Federal Aid Funding in the amount of $1,000,000.00, and an Assessable cost of $450,000.00 for the total estimated cost of $2,248,000.00 A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: 11/14/2017 Matthew Jaunich, City Administrator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, NOVEMBER 29TH 2017 AND WEDNESDAY, DECEMBER 6TH, 2017. HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: CITY COUNCIL SUPPORT FOR APPLICATION TO JOB CREATION FUND Department: EDA LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Staff is requesting that the City Council consider adoption of a resolution of support to apply to the Minnesota Department of Employment & Economic Development for business assistance funding through the Job Creation Fund Fund (JCF) program on behalf of UPONOR. This funding would be used to encourage and assist UPONOR with establishing business operations in the City of Hutchinson, leading to significant job creation. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Approval of Attached resolution. Fiscal Impact: $ 0.00 Funding Source: N/A 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: RESOLUTION # 14802 RESOLUTION REGARDING THE SUPPORT OF A JOB CREATION FUND APPLICATION ON BEHALF OF UPONOR WHEREAS, the City of Hutchinson, Minnesota (the "City"), desires to assist UPONOR, a Corporation, which is proposing to establish and expand operations in the City; and, WHEREAS, the City of Hutchinson understands that UPONOR, through and with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development an application for an award and/or rebate from the Job Creation Fund Program; and, WHEREAS, the City of Hutchinson held a city council meeting on November 14, 2017, to consider this matter. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City Administrator of the City of Hutchinson, Minnesota, hereby express their approval of the project proposed by UPONOR and its application for an award and/or rebate from the Job Creation Fund Program. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Hutchinson on November 14, 2017. Mayor, Gary Forcier ATTEST: City Administrator, Matt Jaunich HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL OW Department: EDA LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: To encourage and assist UPONOR with establishing business operations in the City of Hutchinson it is being proposed that application be made to the Minnesota Department of Employment & Economic Development for funding from the Minnesota Investment Fund. Before applying, it is required that a public hearing be held on the project. Staff is requesting that a public hearing be held on Tuesday, November 28th, 2017 so that the competed MIF application can be submitted to DEED on or about November 30, 2017. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Approval of Attached resolution. Fiscal Impact: $ 0.00 Funding Source: N/A 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: RESOLUTION NO. 14804 A RESOLUTION CALLING FOR A PUBLIC HEARING TO PROVIDE CITIZEN INPUT PRIOR TO SUBMITTING A MINNESOTA INVESTMENT FUND GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT WHEREAS, a public hearing is required to receive citizen input prior to submission of an application to the Minnesota Investment Fund, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, That a public hearing to receive citizen input prior to submitting a grant application to the Minnesota Department of Employment and Economic Development for a grant under the Minnesota Investment Fund (MIF) program is hereby called and shall be held on Tuesday, November 281h, 2017, at 6:00 PM, at the City Council Chambers in City Center located at 111 Hassan Street SE, Hutchinson, Minnesota; Adopted by the City Council this 141h day of November, 2017 Adopted: Gary Forcier, Mayor ATTEST: Matt Jaunich, City Administrator HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: Authorization to Sign Amended & Restated Development Agreement and Closing Department: EDA LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 10 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Closing on the sale of city-owned land on the intersection of Hwy 7 / Hwy 15 to Hutchcobble LLC for the Cobblestone Inn hotel project will take place by November 22nd at the latest. City staff is seeking City Council authorization to sign final legal documents and move the project forward, specifically the Amended and Restated Development Agreement along with all exhibits. (This is an updated version of the original Development Agreement signed April 11, 2017 to include language pertaining to the Soils Condition TIF District) In addition to the Amended and Restated Development Agreement, the Purchase Money Mortgage and the Purchase Money Promissory Note are included for your review. The developer has indicated that they would like to begin construction by the end of November and have to new hotel completed sometime in June of 2018. If you have any questions or need additional information, please give me a call anytime at 234-4223 BOARD ACTION REQUESTED: Authorization to sign the amended and restated development agreement and closing documents with Hutchcobble LLC to complete the sale of land for the hotel project. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF HUTCHINSON, MINNESOTA AND HUTCHCOBBLE LLC This Document Was Drafted By: DORSEY & WHITNEY LLP (GIT) Suite 1500 50 South Sixth Street Minneapolis, Minnesota 55402 4838-3276-3985\5 Draft 10/ /17 TABLE OF CONTENTS PAGE ArticleI Definitions.........................................................................................................................2 Section1.1 Definitions....................................................................................................2 Article II REPRESENTATIONS AND WARRANTIES................................................................4 Section 2.1 Representations and Warranties by Developer............................................4 Article III PROPERTY TRANSFER...............................................................................................5 Section3.1 Property ........................................................................................................5 Section3.2 Closing.........................................................................................................5 Section 3.3 Earnest Money; Purchase Price...................................................................5 Section3.4 Title and Survey...........................................................................................6 Section 3.5 City Closing Documents..............................................................................6 Section 3.6 Closing Costs and Prorations.......................................................................6 Section3.7 AS IS............................................................................................................6 Section 3.8 Limited Representations..............................................................................7 Article IV DEVELOPMENT...........................................................................................................7 Section 4.1 Private Improvements..................................................................................7 Section 4.2 Public Improvements...................................................................................9 Section 4.3 Real Property Taxes.....................................................................................9 Section4.4 DEED Reports.............................................................................................9 Article V PUBLIC ASSISTANCE ..................................................................................................9 Section 5.1 Reimbursement for Qualified Costs...........................................................10 Section 5.2 Conditions Precedent to Provision of Public Assistance ........................... I I Section 5.3 Satisfaction of Conditions Precedent.........................................................I I ArticleVI INSURANCE...............................................................................................................12 Section 6.1 Insurance by Developer.............................................................................12 Section 6.2 Proof of Coverage; General.......................................................................12 Article VII INDEMNIFICATION.................................................................................................12 Section 7.1 City Indemnification..................................................................................12 Article VIII EVENTS OF DEFAULT...........................................................................................13 Section 8.1 Events of Default Defined.........................................................................13 Section 8.2 Remedies on Default..................................................................................14 Section 8.3 No Remedy Exclusive................................................................................14 Section 8.4 No Implied Waiver....................................................................................14 Section8.5 City Default................................................................................................15 Section 8.6 Attorneys' Fees and Expenses...................................................................15 Article IX ASSIGNMENT; PROPERTY TRANSFERS..............................................................15 Section 9.1 Assignment; Property Transfers................................................................15 Article X General Provisions.........................................................................................................15 Section 10.1 Conflict of Interests; City Representatives Not Individually Liable .........15 Section 10.2 Equal Employment Opportunity ................................................................15 Section 10.3 Restrictions on Use....................................................................................16 Section 10.4 Titles of Articles and Sections...................................................................16 Section 10.5 Business Subsidies Act..............................................................................16 4838-3276-3985\5 Section 10.6 Term of Agreement....................................................................................16 Section 10.7 Provisions Surviving Termination.............................................................16 Article XI MISCELLANEOUS.....................................................................................................16 Section 11.1 Scope of Agreement...................................................................................16 Section11.2 Liability......................................................................................................16 Section 11.3 Amendments..............................................................................................16 Section11.4 Severability................................................................................................17 Section 11.5 Agreement Binding....................................................................................17 Section 11.6 Run with the Land......................................................................................17 Section 11.7 Venue and Law of Governing....................................................................17 Section11.8 Litigation....................................................................................................17 Section 11.9 No Third -Party Beneficiaries.....................................................................17 Section 11.10 Time of the Essence...................................................................................17 Section11.11 Notice.........................................................................................................17 Section11.12 Recordation................................................................................................18 Section 11.13 No Presumption Against Drafter...............................................................18 Section 11.14 Payment of Costs.......................................................................................18 Section 11.15 Assignability of Agreement.......................................................................18 Exhibit A: Legal Description Exhibit B: Site Plan Exhibit C: Minimum Improvements Exhibit D: Form of Limited Warranty Deed Exhibit E: Form of Certificate of Completion Exhibit F: Form of Development Agreement Memorandum Exhibit G: Form of Easement Agreement Exhibit H: Estimated Development Costs Exhibit I: Form of TIF Note Exhibit J: Projected TIF Payment Schedule 4838-3276-3985\5 FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT This First Amended and Restated Development Agreement (this "Agreement"), made as of , 2017 ("Effective Date"), is between HUTCHCOBBLE LLC, a Minnesota limited liability company ("Developer"), and CITY OF HUTCHINSON, a municipal corporation and political subdivision of the State of Minnesota (the "Lily"). RECITALS: WHEREAS, the Developer and the City entered into that certain Development Agreement dated April 11, 2017 (the "Original Agreement'); WHEREAS, the Developer and the City wish to amend and replace the Original Agreement with this Agreement to incorporate certain provisions related to tax increment financing for the Development (as defined below); WHEREAS, the City currently owns that certain real property consisting of approximately 2.86 acres and located at 9 4t' Avenue NE, Hutchinson, MN 55350, and known as the "Prochnow Addition", which real property is legally described on Exhibit A attached hereto (the "Pro e "); WHEREAS, Developer desires to, and subject to the terms of this Agreement agrees to, develop the Property into a midscale or better hotel of approximately 54 rooms and at least 30,000 total square feet in accordance with the site plan attached hereto as Exhibit B (the "Site Plan") and meeting the requirements set forth on Exhibit C (the "Minimum Improvements"). Such hotel and all improvements ancillary thereto, excluding the Public Improvements (as defined below), are herein collectively referred to as the "Private Improvements"; WHEREAS, to maintain and revitalize commercial activity in the City, the City has agreed to enter into an Agreement to provide for the transfer of the Property to Developer and to provide for the City's construction (subject to the terms of this Agreement) of an approximately twenty-four (24) foot wide access road from Prospect Street to the Private Improvements, as depicted in the Site Plan, and a retaining wall or slope stabilization alternative to facilitate construction of access road and any storm water retention features constructed by the City, as depicted on the Site Plan (collectively, the "Public Improvements" and, together with the Private Improvements, the "Development"); WHEREAS, the City has designated a development district in the City denominated Development District No. 4 (the "Development District") and has approved a modification to the Development Program for the Development District (the "Modification") pursuant to and in accordance with Minnesota Statutes ("M.S."), Sections 469.124 through 469.133 (the "Act"), as amended; and WHEREAS, the City adopted a resolution establishing Tax Increment Financing District No. 4-19, a "soils conditions district" pursuant to M.S., Section 469.174, Subdivision 19 (the "TIF District") to pay for the cost of removal and/or remedial action as called for by the Response Action Plan developed for the site and approved by the Minnesota Pollution Control Agency (the "Response Action Plan") and approved a Tax Increment Financing Plan therefore (the "TIF Plan"); 4838-3276-3985\5 WHEREAS, in order to achieve the objectives of the Development Program, the Modification, and the TIF Plan, the City intends to provide assistance to the Developer through tax increment financing, as described in the TIF Act, to finance certain costs of the Development; WHEREAS, the City has determined that, in order to accomplish the purposes specified in and to carry out the Development Program, the Modification, and the TIF Plan, it is necessary and desirable for the City to reimburse the Developer for certain costs to be incurred and paid by the Developer in connection with the Private Improvements; WHEREAS, the City will apply tax increment revenues generated from the TIF District to (i) pay or reimburse the City for administrative expenses relating to the TIF District to the extent permitted by the TIF Act and, (ii) to reimburse the Developer, with interest, for certain costs incurred in connection with the construction of the Minimum Improvements associated with the Development; and WHEREAS, the City believes that the development activities associated with the Development pursuant to this Agreement are in the best interests of the City and comply with the applicable state and local laws and requirements under which the Development has been undertaken. NOW THEREFORE, in consideration of the Property and the mutual covenants and agreements herein set forth, the parties do hereby covenant and agree as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.124 through 469.133. "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented. "Approved Plans" means such City -approved plans and specifications. "Available Tax Increment" means 80 percent (80%) of the tax increment revenues generated by Tax Increment Financing District No. 4-19 as computed pursuant to Minnesota Statutes, Section 469.177, or its successor. "Business Subsidies Act" means Minnesota Statutes, Sections 116J.993 through I I6J.995. "Certificate of Completion" means a certification in the form attached hereto as Exhibit E, to be provided to the Developer pursuant to this Agreement. "City" means the City of Hutchinson, Minnesota. 2 4838-3276-3985\5 "City Council" means the City Council of the City of Hutchinson, Minnesota. "Developer" means HutchCobble LLC, and its successors and assigns. "Development Costs" means certain costs incurred and to be incurred by the Developer during the Development, the estimated types and amounts of which are shown on Exhibit H to this Agreement. "Development District" means Development District No.4 designated pursuant to Minnesota Statutes, Sections 469.124 through 469.133. "Development" means the Public Improvements together with the Private Improvements. "Event of Default" means as any of the events set forth in Section 8.1 hereof. "Modification" means the Modification to the Development Program for Development District No. 4. "Minimum Improvements" means the minimum improvements to be undertaken by the Developer as part of the Development on the Property all as further described in Exhibit C attached hereto. "Original Agreement" means the Development Agreement between the City and the Developer dated April 11, 2017. "Private Improvements" means the hotel and all improvements ancillary thereto, excluding the Public Improvements, to be undertaken by the Developer. "Property" means the real property legally described on Exhibit A attached hereto. "Public Assistance" means the Available Tax Increment to be paid under Section 5.1 hereof. "Public Improvements" means the Public Improvements already constructed by the City, which include an approximately twenty-four (24) foot wide access road from Prospect Street to the Private Improvements, as depicted in the Site Plan, and a retaining wall or slope stabilization alternative to facilitate construction of access road and any storm water retention features constructed by the City, as depicted on the Site Plan. "Qualified Costs" means costs incurred in connection with implementation of the Response Action Plan that are reimbursable from tax increment pursuant to the TIF Act, which are shown on Exhibit H to this Agreement. "Site Plan" means the site plan described on Exhibit B attached hereto. "Termination Date" means the earlier of (i) the date on which the Tax Increment District expires or is otherwise terminated, or (ii) the date this Agreement is terminated or rescinded in accordance with its terms. 4838-3276-3985\5 "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794. "TIF District" means Tax Increment Financing District No. 4-19 established by the City. "TIF Plan" means the Tax Increment Financing Plan for Tax Increment Financing District No. 4-19 approved by the City. "Unavoidable Delays" means delays which are the result of (i) strikes or other labor troubles, unforeseeable and unavoidable casualties to the Public Improvements or the Private Improvements, (ii) governmental actions that are not in the control of the defaulting party or (iii) severe weather, acts of God, fire or other casualty. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties by Developer. Developer represents and warrants that: (a) Developer is a limited liability company organized and validly existing under the laws of the State of Minnesota. (b) Developer has duly authorized the execution of this Agreement and the performance of its obligations hereunder, and neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement, is prevented, limited by or conflicts with or results in a breach of, any indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (c) Developer will, to the extent required by this Agreement, construct or cause the construction of the Minimum Improvements in accordance with the terms of this Agreement, the TIF Plan and all local, state and federal laws and regulations. (d) There are no pending or threatened legal proceedings of which Developer has knowledge that seek to restrain or enjoin the transactions contemplated by this Agreement or which question the authority of Developer to execute and deliver this Agreement or the validity of this Agreement. (e) The estimated value of the Development is $3.2 million. (f) To the best of Developer's knowledge and belief, the execution and delivery of this Agreement will not create a conflict of interest prohibited by Minnesota Statutes, Section 469.009, as amended. (g) Developer has obtained funding which, with the Public Assistance to be paid pursuant to this Agreement, is sufficient to enable Developer to successfully complete the construction of the Development. 4 4838-3276-3985\5 (h) Within two years of completion of the Development, Developer or the successor owner of the Property will have created a minimum of 11.5 full-time equivalent jobs at the Development. (i) The Developer recognizes that the City intends that the TIF District be a "soils condition district" under the TIF Act. As owner in fee simple of the Property, the Developer represents to the City that the Property and the Minimum Improvements will be operated in a manner such that the TIF District will qualify and continue to qualify as a "soils condition district" under the TIF Act. 0) The Developer would not undertake the Development without the financial assistance to be provided by the City pursuant to this Agreement and the TIF Plan. (k) The financial assistance received by the Developer will be used as assistance for a tax increment financing soils condition district. ARTICLE III PROPERTY TRANSFER Section 3.1 Pro e . Subject to the terms and conditions of this Agreement, the City will convey to Developer, and Developer will purchase and accept from the City the Property. The City shall not be required to remove any improvements from the Property and Developer takes the Property in its as -is condition and except as expressly set forth in Section 3.8 below, without any representation or warranty concerning the Property (including, without limitation, the warranties of fitness for a particular purpose, tenantability, habitability and use). Section 3.2 Closing. The closing of the sale and purchase of the Property (the "Closing") will occur on November 22, 2017, as described in the Vacant Land Purchase Agreement between the City and the Developer dated April 11, 2017, as amended by a First Amendment to Vacant Land Purchase Agreement dated ! I. Section 3.3 Earnest Money; Purchase Price. Concurrently with the execution of this Agreement, Developer shall deposit with the City earnest money in the amount of $1,000.00 (the "Earnest Money"). In the event the Closing does not occur for any reason, other than the default of the City, the City shall be entitled to retain the Earnest Money. The Earnest Money shall be returned to Developer, less any amounts owed to the City under this Agreement, at the Closing. The purchase price for the Property is $300,000.00, which is payable by Developer to the City at the Closing. The purchase price shall be financed by the City with the following terms: (a) Loan from the City in the amount of $300,000.00. (b) Interest at the rate of 0%. (c) No payments for 24 months. (d) Repayment to begin 24 months after closing, unless the loan is forgiven. (e) The loan is forgiven upon issuance of a Certificate of Occupancy. 5 4838-3276-3985\5 (f) Certificate of Occupancy must not be unreasonably withheld. (g) If the Development does not proceed, Developer has the right to sell the lot back to the City for $1.00 within 24 months of Closing in which case the loan would be forgiven. (h) The parties shall sign a note and mortgage to reflect the above -referenced terms in a form reasonably satisfactory to both parties. Section 3.4 Title and Survey. Developer shall be responsible for performing any and all title and survey examination or due diligence that Developer deems prudent, at Developer's sole cost and expense. Developer acknowledges and agrees that the City is not providing any representations or warranties as to the condition of title and expressly waives any claims Developer may have against the City in connection with any title defects. Section 3.5 City Closing Documents. (a) City Closing Documents. The City will deliver to Developer at the Closing: (i) a limited warranty deed duly executed by the City substantially in the form attached hereto as Exhibit D; and Closing: (ii) any other items required by this Agreement for the Closing. (b) Developer Closing Documents. Developer will deliver to the City at the (i) the purchase price specified in Section 3.3; (ii) any other items required by this Agreement for the Closing. Section 3.6 Closing Costs and Prorations. (a) Closing Costs. The City and the Developer will each pay half of the legal costs associated with the Agreement. Developer will be responsible for its and the City's respective accounting and other expenses associated with the transaction contemplated by this Article 3. Developer will be responsible for any taxes required in connection with the transaction (including all deed tax), all document recording fees, fees associated with the transfer or obtaining of licenses and permits required to operate the Property, and any sales or use taxes required in connection with the transaction. Developer will pay the closing fee and any escrow fees incurred in connection with this transaction. It being the intention of the parties that the City will incur no costs in connection with the transaction contemplated by this Article 3. (b) Taxes and Assessments. Real estate taxes and installments of special assessments with respect to the Property, if any, due and payable in the year in which the Closing occurs will be prorated as of the date of the Closing. Section 3.7 AS IS. Except as expressly set forth in Section 3.8 below, (i) the City makes no representations or warranties regarding the Property, (ii) the City hereby disclaims, and 6 4838-3276-3985\5 Developer hereby waives, any and all representations or warranties of any kind, express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous materials on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose, tenantability, habitability and use and (iii) Developer takes the Property "AS IS", "WHERE IS" and " WITH ALL FAULTS". Section 3.8 Limited Representations. The City represents and warrants as of the date hereof and the date of Closing, which representations and warranties shall survive for a period of three (3) months following the Closing: (a) Wells. The City certifies and warrants that the City does not know of any "Wells" on the described Property within the meaning of Minn. Stat. § 1031. This representation is intended to satisfy the requirements of that Statute. (b) Methamphetamine. To the actual knowledge of the City, no methamphetamine production has occurred on the Property. This representation is intended to satisfy the requirements of Minnesota Statutes Section 152.0275 Subdiv. 2(m). (c) Sewage Treatment System Disclosure. For the purposes of satisfying any applicable requirements of Minn. Stat. § 115.55, the City discloses and certifies that to the City's actual knowledge, no sewage is generated on the Property. ARTICLE IV DEVELOPMENT Section 4.1 Private Improvements. (a) Development and Construction Obligations. Developer will design and build the Private Improvements in accordance with the Approved Plans. Developer shall commence physical construction of the Private Improvements no later than the first anniversary of the Effective Date and shall diligently pursue completion of the Private Improvements. Subject to Unavoidable Delays, the Private Improvements shall be completed no later than [ 1. Developer will perform, or cause to be performed, all of the Private Improvements in strict accordance with this Agreement and applicable federal, state and local laws, ordinances, rules and regulations. (b) Plans. Developer shall deliver to the City all plans, specifications and working drawings for the Development (of sufficient scope and detail to satisfy requirements for obtaining all necessary permits, for obtaining firm cost bids and for directing the construction of the Development) for the City's prior approval. Developer shall not commence construction on the Private Improvements until the City has approved the plans, specifications and working drawings for the Development in accordance with this paragraph. (c) Zoning and Land Use Approvals; Building Permits, Fees. (i) Developer shall submit the appropriate application materials as required under the City municipal code. Developer shall be responsible for applying for and 7 4838-3276-3985\5 obtaining all land use and zoning approvals necessary for the Private Improvements. All zoning and land use approvals shall be in accordance with the ordinances of the City. (ii) Developer shall comply in all respects with all applicable City building codes and construction requirements and shall be responsible for obtaining all building permits with respect to construction of the Private Improvements. Developer shall be responsible for paying, or causing to be paid, to the City and all other governmental agencies the cost of all applicable permit fees and licenses required for construction of the Private Improvements. (iii) No approval by the City of the Approved Plans under Section 4.1(b) shall relieve Developer of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to properly construct the Private Improvements. No approval by the City shall constitute a waiver of an Event of Default. Further, Developer is not excused from the necessity of obtaining environmental, navigational, design, business or safety approvals that may be required by applicable federal, state and local laws, ordinances, rules and regulations. (d) Changes. If Developer desires to make any material change in the Approved Plans, then Developer shall submit the proposed change to the City for its approval, which approval shall not be unreasonably withheld, conditioned or delayed provided such change does not vary from the Minimum Improvements, which Minimum Improvements are set forth on Fyhihit f (e) Certificate of Completion. Developer will notify the City when it has fully completed construction of the Private Improvements. The City will promptly inspect the Private Improvements to determine whether the Private Improvements have been constructed in substantial conformity with the approved plans. If the City determines that the Private Improvements have not been constructed in conformity with the approved plans, the City shall, within ten (10) business days of its inspection, deliver a written statement to Developer indicating that the Private Improvements have not been constructed in substantial conformity with the Approved Plans and the terms of this Agreement. At such time as the City determines that the Private Improvements have been fully completed in conformity with the Approved Plans and this Agreement, the City shall promptly deliver a Certificate of Completion to Developer substantially in the form attached hereto as Exhibit E. Delivery of a Certificate of Completion by the City does not constitute a representation or warranty by the City that the Approved Plans or the Private Improvements (or any portion thereof) comply with any applicable building code, health or safety regulation, zoning regulation, or other law or regulation, or that the Private Improvements (or any portion thereof) will meet the qualifications for issuance of a certificate of occupancy, or that the Private Improvements (or any portion thereof) will meet the requirements of its users. It will be the responsibility of Developer to provide for the recording of the Certificate of Completion and the payment of any costs for such recording. (f) Progress Reports/City Access. Until a Certificate of Completion is issued, Developer shall make, in such detail as may reasonably be required by the City, and forward to the City, on a quarterly basis, a written report as to the actual progress of work on the Private Improvements. Developer agrees to permit the City and any of its officers, employees or agents 8 4838-3276-3985\5 access to the Private Improvements for the purpose of inspection of all work being performed in connection with the Development. Section 4.2 Public Improvements. The City has designed and completed construction of the Public Improvements in accordance with applicable standards and specifications of the City and the State of Minnesota at the City's sole cost, subject to Section 8.2 below. The Public Improvements are the property of Developer and Developer shall grant the City with an Easement Agreement in the form attached hereto as Exhibit G attached hereto and incorporated herein by reference. The Public Improvements are not a "public subsidy" as defined by Minnesota Statute Sections 116J.993 -116J.995. Prior to completion of the Private Improvements, Developer shall have prepared, at its sole cost and expense, the depiction of the Easement Area necessary for the Easement Agreement attached hereto as Exhibit G, and shall deliver the same to City. Section 4.3 Real Property Taxes. Prior to the Termination Date, the Developer shall pay all real property taxes payable with respect to all and any parts of the Property acquired and owned by it until the Developers' obligations have been assumed by any other person pursuant to the provisions of this Agreement or title to the Property is vested in another person. The Developer agrees that prior to the Termination Date: (1) It will not seek administrative review or judicial review of the applicability of any tax statute relating to the ad valorem property taxation of real property contained on the Property determined by any tax official to be applicable to the Project or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings with respect to the Property, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (2) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Property determined by any tax official to be applicable to the Development or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings with respect to the Property; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (3) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.1813, or any other State or federal law, of the ad valorem property taxation of the Property between the date of execution of this Agreement and the Termination Date. Section 4.4 DEED Reports. The Developer shall provide the City with information about the Project as requested by the City so that the City can satisfy the reporting requirements of Minnesota Statutes, Section 115J.994, Subd. 8. ARTICLE V PUBLIC ASSISTANCE The Developer has agreed to and shall be responsible to pay all of its respective costs of the Development, as herein provided. However, the City, in order to encourage the Developer to 9 4838-3276-3985\5 proceed with the construction of the Development, and to assist the Developer in paying the costs thereof, is willing to provide Public Assistance and thereby reimburse the Developer for a portion of the Development costs, as permitted by the TIF Act and in accordance with the TIF Plan, that will be incurred by the Developer to construct the Private Improvements. Section 5.1 Reimbursement for Qualified Costs. The City will reimburse itself for Qualified Costs of the Development and agrees to reimburse the Developer, using Available Tax Increment on a pay -as -you -go -basis, for Qualified Costs of the Development. The City shall, upon completion of the Development and the issuance of a the Certificate of Completion therefor, make reimbursement payments pursuant to a limited revenue tax increment note (the "Note") for the Development, the form of which is attached hereto as Exhibit I, with said payments of principal and interest to be made on the dates (the "Payment Dates") and in the amounts set for such payments in Exhibit J hereto, which is incorporated herein, but subject to the following terms and conditions: (a) The sum of the principal amounts of all the Notes issued for the Development will not exceed $[ ]. (b) No payments shall be made by the City to the Developer unless and until the Developer has provided written evidence satisfactory to the City that Qualified Costs in the amount to be reimbursed from the Available Tax Increment have been incurred for the Development and paid by the Developer and the Certificate of Completion has been issued as contemplated in Section 4.1(e) hereof. (c) The City shall be obligated to make the payments to the Developer required pursuant to this Section 5.1 only from and to the extent of the Available Tax Increment actually received from the TIF District for any tax year, and such payments shall never be considered to be a general obligation or indebtedness of the City. (d) The City will retain 20% of the Tax Increment generated. Up to 10% of the Tax Increment generated may be retained by the City for administrative costs, and the City shall apply the Tax Increment first to pay any administrative expenses relating to the Property to the extent permitted by the Tax Increment Act and to the extent that such expenses have not been paid or reimbursed to the City by the Developer. The remainder of the Tax Increment generated and retained by the City not used to pay administrative expenses will be reimbursed to the City for the City's Qualified Costs of the Public Improvements related to the Development. Any Tax Increment remaining after the payment of any administrative expenses then due and owing and any reimbursement to the City (the "Available Tax Increment") shall be paid to the Developer for reimbursement of the Qualified Costs plus interest on the Payment Dates. (e) Upon thirty (3 0) days' written notice to the Developer, the City may prepay all or a portion of the outstanding principal balance due to the Developer pursuant to this Section 5.1 without penalty, on any date at a prepayment price equal to the outstanding principal balance to be prepaid plus accrued interest to the prepayment date. 10 4838-3276-3985\5 (f) The City shall not be obligated to make any payments hereunder subsequent to the termination of this Agreement, and any amounts remaining unpaid as of such date (other than by reason of failure of the City to comply with the terms of this Agreement) shall be considered forgiven by the Developer and shall cease to be owing. (g) With the written consent of the City, the Developer may assign the payments to be made to Developer under this Section 5.1 to secure financing incurred by the Developer to pay costs of the Development. Section 5.2 Conditions Precedent to Provision of Public Assistance. Upon payment by the Developer of Qualified Costs for the Development, which are eligible to be reimbursed pursuant to the TIF Act, the Developer will deliver to the City an instrument executed by the Developer specifying (i) the amount and nature of the Minimum Improvement costs to be reimbursed, and (ii) certifying that such costs have been paid to third parties unrelated to the Developer or if any costs have been paid to third parties related to the Developer, that such costs do not exceed the reasonable and customary costs of services, labor or materials of comparable quality, dependability, availability and other pertinent criteria and that such costs have not previously been contained in an instrument furnished to the City pursuant to this Section 5.2. Together with such instrument, the Developer shall deliver to the City evidence satisfactory to the City of the payment by the Developer of such costs to be reimbursed. Thereafter, the City will provide to the Developer reimbursement for the Development, constituting a portion of the Assistance described in Section 5.1 hereof, paid up to the maximum amount then due and payable, in accordance with the payment schedule provided on Exhibit D attached hereto. Section 5.3 Satisfaction of Conditions Precedent. Notwithstanding anything to the contrary contained herein, the City's obligation to reimburse the Developer for Qualified Costs shall be subject to satisfaction, or waiver in writing by the City, of all of the following conditions precedent:the conditions precedent in this Section 5.3 hereof have been satisfied; (ii) the Developer shall have cured any title defects with respect to the Property; (iii) the Developer shall not be in default under the terms of this Agreement; (iv) the Developer shall have closed on financing sufficient to pay all costs to be incurred in connection with the Development. In the event that all of the above conditions required to be satisfied as provided in this Section 5.3 have not been satisfied by [January 1, 2019], either the City or the Developer may terminate this Agreement. Upon such termination, the provisions of this Agreement relating to the Private Improvements shall terminate and, except as provided in Article 10, neither the Developer nor the City shall have any further liability or obligation to the other hereunder. 11 4838-3276-3985\5 ARTICLE VI INSURANCE Section 6.1 Insurance by Developer. (a) Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Private Improvements and, from time to time at the request of the City, will furnish the City with proof of payment of premiums on: (i) Builder's risk insurance, written on the so-called `Builder's Risk - Completed Value Basis," in an amount equal to 100% of the insurable value of the Private Improvements at the date of completion, and with coverage available in non -reporting form on the so-called "all risk" form of policy. (ii) Workers' compensation insurance, with statutory coverage. (iii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's/Contractor's Policy, with limits against bodily injury and property damage of not less than $2,500,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used), written on an occurrence basis. In each case the City shall be named as an additional insured to the extent of its interest and the City shall be protected in form and content reasonably satisfactory to the City. Section 6.2 Proof of Coverage; General. All insurance required in this Article shall be taken out and maintained with responsible insurance companies which are authorized under the laws of the State of Minnesota to assume the risks covered thereby. Each policy must contain a provision that the insurer will not cancel nor modify the policy without giving written notice to the insured at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, Developer, or its successor or assign, must renew the existing policy or replace the policy with another policy conforming to the provisions of this Article. In lieu of separate policies, Developer or its successor or assign, may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein. ARTICLE VII INDEMNIFICATION Section 7.1 Citv Indemnification. (a) Developer covenants and agrees that the City and its governing body members, officers, agents, servants and employees (the "City Indemnified Parties") shall not be liable for, and Developer agrees to indemnify and hold harmless the City Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Private Improvements. 12 4838-3276-3985\5 (b) Developer agrees to protect and defend the City Indemnified Parties, and further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other proceeding arising out of or with respect to the construction, installation, ownership, and operation of the Property or the Private Improvements. (c) Developer agrees to protect and defend the City Indemnified Parties, and further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other proceeding arising out of or with respect to this Agreement. (d) Developer agrees to protect and defend the City Indemnified Parties, and further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other proceeding by reason of any lien or claim of lien for labor, services or materials (including allowances for interest or profit) of any general contractor, subcontractor or sub -subcontractor, materialmen or any persons whatsoever, or by reason of any equitable or statutory lien against the Private Improvements, arising by reason of or in the course of any construction, improvement or work of any nature, whether heretofore completed, now in progress or hereafter to be done. (e) None of the City Indemnified Parties shall be liable to Developer or to any third party for any consequential or other damages that may arise out of delays of any kind relating to activities undertaken pursuant to this Agreement, including but not limited to delays due to environmental conditions, court challenges or elements outside the control of the City Indemnified Parties. ARTICLE VIII EVENTS OF DEFAULT Section 8.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement: (a) Subject to Unavoidable Delays, failure by Developer to complete construction of the Private Improvements pursuant to the terms, conditions and limitations of Article II. (b) Failure by Developer to commence physical construction of the Private Improvements by the first anniversary of the Effective Date. (c) Failure by Developer to provide and maintain any insurance required to be maintained by Article IV. (d) Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement not otherwise set forth in this Section 8.1 and Developer fails to cure such failure within thirty (30) days after the City notifies Developer of such failure. (e) Developer's filing of any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Code or under any similar federal or state law. 13 4838-3276-3985\5 (f) The making of an assignment for the benefit of Developer's creditors. (g) The making of an assignment of this Agreement or sale or transfer of the Property in violation of this Agreement. (h) Developer's admittance in writing of its inability to pay its debts generally as they become due. (i) The adjudication of Developer as bankrupt or insolvent; or a petition or answer proposing the adjudication of Developer as bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law which is filed in any court and such petition or answer is not be discharged or denied within 60 days after the filing thereof, or a receiver, trustee or liquidator of Developer, or of the Development, or part thereof, is appointed in any proceeding brought against Developer, and is not discharged within 60 days after such appointment, or if Developer consents to such appointment. Section 8.2 Remedies on Default. Whenever any Event of Default referred to in Section 8.1 occurs, the City may take any one or more of the actions set forth below: (a) Suspend its performance under this Agreement until it receives assurances from Developer reasonably acceptable to the City that Developer will cure its default and continue its performance under this Agreement; (b) Cancel and terminate this Agreement; (c) Withhold the Certificate of Completion; (d) Recover any and all costs and expenses incurred by the City for or in connection with the Public Improvements or this Agreement, or - (e) Take any other action, including legal, equitable or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant to the Developer under this Agreement. Section 8.3 No Remedy Exclusive. No remedy hereunder is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right accruing upon any default shall impair any such right or shall be construed to be a waiver thereof, but any such right may be exercised from time to time and as often as may be deemed expedient. Section 8.4 No Implied Waiver. In the event any agreement contained herein should be breached by any party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 14 4838-3276-3985\5 Section 8.5 City Default. The City shall be in default under this Agreement (a "City Default') in the event the City fails to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement and the City fails to cure such failure within thirty (30) days after Developer notifies the City of such failure, subject to Unavoidable Delays. Upon the occurrence of a City Default, Developer will have the right to exercise any of the following remedies: (i) seek specific performance or other equitable relief or (ii) sue for money damages. Developer shall not be entitled to terminate this Agreement. Section 8.6 Attorneys' Fees and Expenses. Each party shall pay its own attorneys' fees and expenses, even when arising any default, collection action or other dispute hereunder. ARTICLE IX ASSIGNMENT, PROPERTY TRANSFERS Section 9.1 Assignment, Property Transfers. Prior to the issuance of a Certificate of Completion for the Developer, Developer shall not make, or suffer to be made, any total or partial sale, assignment, conveyance, lease, or other transfer, with respect to this Agreement, the Development or the Property, or any part thereof or any interest therein, or enter into any contract or agreement to do any of the same, without the prior written approval of the City, which may be withheld in the City's sole discretion. No transfer of, or change with respect to, ownership in the Development or the Property or any part thereof, or any interest therein, however consummated or occurring and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Property and the completion of the Development that the City would have had, had there been no such transfer or change. No sale, assignment, conveyance, lease, or other transfer or approval by the City of the same shall be deemed to relieve Developer, or any other party bound in any way by this Agreement or otherwise with respect to the completion of the Development, from any of its obligations with respect thereto. ARTICLE X GENERAL PROVISIONS Section 10.1 Conflict of Interests; City Representatives Not Individually Liable. No member, official, employee, or consultant or employee of a consultant of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, consultant or the consultant's employees or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official, consultant or consultant's employee, or employee of the City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Developer or successors or on any obligations under the terms of this Agreement. Section 10.2 Equal Employment Opportunity. Developer, for itself and its successors and assigns, agrees that during the construction of the Project it will comply with any applicable affirmative action and nondiscrimination laws or regulations. 15 4838-3276-3985\5 Section 10.3 Restrictions on Use. Developer agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, that Developer, and such successors and assigns, shall devote the Property to, and only to and in accordance with, the uses specified in the Development Program, this Agreement and other agreements entered into between the Developer and the City, and shall not discriminate upon the basis of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and familial status in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4 Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.5 Business Subsidies Act. Based on the representations of the Developer contained in Section 2.1(k) of this Agreement, the Public Assistance being provided by the City to the Developer under this Agreement is not a business subsidy under the Business Subsidies Act and subsidy agreement as described in Minnesota Statutes, Section 116J.994, Subd. 3 and Subd. 4 is not being entered by the City and Developer. Section 10.6 Term of Agreement. This Agreement shall terminate upon the earlier to occur of (i) reimbursement of the Developer's costs by the City as provided in Section 5.1 hereof, (ii) the decertification of the TIF District; or (iii) the City and the Developer agree in writing to terminate this Agreement; it being expressly agreed and understood that the provisions of this Agreement are intended to survive the expiration and satisfaction of any security instruments placed of record contemporaneously with this Agreement, if such expiration and satisfaction occurs prior to the expiration of the term of this Agreement, as stated in this Section 106. Section 10.7 Provisions Surviving Termination. Sections 7.1 and 8.6 hereof shall survive any termination, rescission, or expiration of this Agreement with respect to or arising out of any event, occurrence, or circumstance existing prior to the date thereof ARTICLE XI MISCELLANEOUS Section 11.1 Scope of Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and no statements, promises, or inducements that are not contained in this Agreement will be binding on the parties. All exhibits, schedules, or other attachments referenced in this Agreement are hereby incorporated into this Agreement by such reference and are deemed to be an integral part of this Agreement. Section 11.2 Liabili . No member, official, or employee of the City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City for any amount which may become due to Developer on any obligations under the terms of this Agreement. Under no circumstances shall the City be liable for any consequential or special damages in connection with this Agreement or the transactions contemplated herein. Section 11.3 Amendments. The parties to this Agreement may amend or modify this Agreement only by written instrument duly executed by the parties hereto. 16 4838-3276-3985\5 Section 11.4 Severability. If any part, term, or provision of this Agreement is held by a court to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, term, or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of this Agreement. Section 11.5 Agreement Binding. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. Section 11.6 Run with the Land. The covenants and restrictions set forth in this Agreement shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property; provided, however, that the covenants and restrictions set forth in the Agreement shall inure only to the benefit of the City and may be released or waived in whole or in part at any time, and from time to time, by the sole act of the City, and variances may be granted to the covenants and restrictions herein contained by the sole act of the City. Section 11.7 Venue and Law of Governing. This Agreement shall be construed under and in accordance with the laws of the State of Minnesota. Section 11.8 Litigation. Each party will reasonably cooperate with the others with respect to any litigation commenced by third parties in connection with this Agreement. Section 11.9 No Third -Party Beneficiaries. It is the intention of the parties to this Agreement that no person who is not a party signatory to this Agreement shall, under a third party beneficiary theory or otherwise, have any rights or interests hereunder, and no such other party shall have standing to complain of any parties' exercise of, or alleged failure to exercise, its rights and obligations under this Agreement. Section 11.10 Time of the Essence. Time is of the essence of this Agreement. Section 11.11 Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid; sent by facsimile transmission; or given to a nationally recognized overnight courier service for next business day delivery and addressed as follows: If to Developer: HutchCobble LLC 207 Misquah Road Duluth, MN 55804 Attn: Brian Forcier, Managing Partner If to City: City of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 Attn: Miles Seppelt 17 4838-3276-3985\5 With a copy to: Dorsey & Whitney LLP 50 S. 6t' St, Suite 1500 Minneapolis, MN 55402 Attn: Grant Turpin The above addresses may be changed at any time by the parties by notice given in the manner provided above. The parties agree that electronically reproduced signatures such as by facsimile transmission are valid for execution or amendment of this Agreement and that electronic transmission/facsimile is an authorized form of notice as that term is used in this Agreement. Section 11.12 Recordation. Concurrently with the execution of this Agreement, the parties shall execute and record a memorandum of Agreement substantially in the form attached hereto as Exhibit F. Developer shall be responsible for all costs of recordation of such memorandum of Agreement. Section 11.13 No Presumption Against Drafter. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein. In addition, each party has been represented by experienced and knowledgeable legal counsel. Accordingly, this Agreement shall be interpreted to achieve the intents and purposes of the parties, without any presumption against the party responsible for drafting any part of this Agreement. Section 11.14 Payment of Costs. Developer will reimburse the City for one-half of the City's legal fees and expenses, which shall not exceed $2,500 in the aggregate, in connection with this Agreement, the administration hereof and the transactions contemplated herein within thirty (30) days after the City invoices the Developer for such costs. Developer's obligations under this Section shall survive any termination of this Agreement. Section 11.15 Assi ng ability of Agreement. This Agreement may be assigned only with the written consent of the City. The TIF Note may only be assigned pursuant to the terms of the TIF Note. 18 4838-3276-3985\5 EXECUTED ON: HUTCHCOBBLE LLC This day of , 2017 By: Name: Its: EXECUTED ON: CITY OF HUTCHINSON This day of , 2017 By: Name: Its: Mayor By: Name: Its: City Administrator 19 4838-3276-3985\5 Exhibit A Legal Description Lot 1, Block 1, Prochnow Addition A-1 4838-3276-3985\5 Exhibit B Site Plan [Appended behind this cover page] B-1 4838-3276-3985\5 Exhibit C Minimum Improvements 1. Site needs to be developed as a midscale (or higher) hotel. 2. Construction of the Hotel must be underway within 12 months of signing the Agreement. 3. Project needs to be consistent with applicable zoning. 4. Project must adhere to the City's site and project approval processes. 5. Buyer is responsible for all due diligence regarding the site. 6. At least 11.5 full-time equivalent (FTE) jobs must be created by the project within 24 months of completion. C-1 4838-3276-3985\5 Exhibit D Form of Limited Warranty Deed (Top 3 inches reserved for recording data) LINHTED WARRANTY DEED Business Entity to Business Entity eCRV number: DATE: , 2017 DEED TAX DUE: $[...] FOR VALUABLE CONSIDERATION, CITY OF HUTCHINSON, a municipal corporation and political subdivision of the state of Minnesota ("Grantor"), hereby conveys and quitclaims to HUTCHCOBBLE LLC, a limited liability company under the laws of Minnesota ("Grantee"), real property in McLeod County, Minnesota, legally described on attached Exhibit A together with all hereditaments and appurtenances belonging thereto (the "Property"). Check here if all or part of the described real property is Registered (Torrens) ❑ This Deed conveys after-acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property. The Property is conveyed subject to the terms of that certain First Amended and Restated Development Agreement dated �, 2017] between Grantor and Grantee. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [...].) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. D-1 4838-3276-3985\5 GRANTOR: CITY OF HUTCHINSON By: Name: Its: Mayor By: Name: Its: City Administrator STATE OF MINNESOTA ) COUNTY OF MCLEOD ) ss. The foregoing instrument was acknowledged before me this day of , 20 , by and 'the Mayor and City Administrator of the City of Hutchinson, a municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY Dorsey & Whitney LLP (SAO) 50 South Sixth Street Suite 1500 Minneapolis, MN 55402-1498 (612) 340-2600 4838-3276-3985\5 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Exhibit A to Limited Warranty Deed Legal Description Lot 1, Block 1, Prochnow Addition Exhibit D-3 4838-3276-3985\5 Exhibit E Form of Certificate of Completion A. HUTCHCOBBLE LLC, a Minnesota limited liability company ("Developer"), pursuant to the First Amended and Restated Development Agreement with the CITY OF HUTCHINSON, a municipal corporation and political subdivision of the State of Minnesota (the "City"), dated , 2017 (the "Agreement"), has agreed to plan, design, finance, acquire, develop, and construct certain improvements on the property legally described on Schedule I attached hereto as more particularly described in the Agreement. B. Developer has substantially completed construction of the Private Improvements as required under the Agreement. C. The issuance of this Certificate of Completion by the City is not intended nor shall it be construed to be a warranty or representation by the City as to the structural soundness of Private Improvements, including, but not limited to, the quality of materials, workmanship or the fitness of the Private Improvements for its proposed use. NOW THEREFORE, this is to certify that all construction and other physical improvements specified to be done and made by Developer with regard to the Private Improvements have been substantially completed, and the provisions of the Agreement imposing obligations on Developer to construct the Private Improvements as required under the Agreement, are hereby satisfied and terminated, and the Recorder in and for McLeod County, Minnesota is hereby authorized to record this instrument, to be a conclusive determination of the satisfactory termination or said provisions of the Agreement. [Remainder ofpage intentionally blank.] E-1 4838-3276-3985\5 Dated: , 20 EXECUTED ON: This day of 52017 CITY OF HUTCHINSON By: Name: Its: Mayor By: Name: Its: City Administrator STATE OF MINNESOTA ) COUNTY OF MCLEOD ) ss. The foregoing instrument was acknowledged before me this day of , 20 , by and 'the Mayor and City Administrator of the City of Hutchinson, a municipal corporation, on behalf of the municipal corporation. Notary Public E-2 4838-3276-3985\5 SCHEDULEI Legal Description Lot 1, Block 1, Prochnow Addition E-3 4838-3276-3985\5 Exhibit F Form of Development Agreement Memorandum MEMORANDUM OF DEVELOPMENT AGREEMENT THIS MEMORANDUM OF DEVELOPMENT AGREEMENT (this "Memorandum"), is made this day of , 2017 by and between the HUTCHCOBBLE LLC, a Minnesota limited liability company ("Developer") and the CITY OF HUTCHINSON, a municipal corporation and political subdivision of the state of Minnesota (the "City"): WITNESSETH: WHEREAS, Developer and the City entered into that certain First Amended and Restated Development Agreement dated , 2017 (the "Agreement"), whereby Developer agreed to construct certain improvements (the "Improvements") upon the real property located in the City of Hutchinson, McLeod County, Minnesota and legally described on the attached Exhibit A (the "Property"); and WHEREAS, in accordance with the terms of the Agreement Developer has agreed to construct the Improvements; WHEREAS, the Agreement contains certain obligations, covenants and restrictions as further set forth therein; and WHEREAS, the City and Developer desire to give record notice of said Agreement. NOW, THEREFORE, in consideration of the foregoing, the City and Developer agree as follows: 1. Minimum Improvements. The Developer has agreed to construct the Improvements in accordance with the terms of the Agreement. 2. Effect of Memorandum. This Memorandum is intended to provide notice of the fact of the existence of the Agreement and is not intended to create a legally binding agreement, therefore in the event of a conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control in all respects. Other Terms and Conditions. All other obligations, covenants, terms and provisions set forth in the Agreement are hereby incorporated by reference, and made a part hereof. F-1 4838-3276-3985\5 4. Copy of Agreement. A copy of the Agreement is on file at the offices of the City. 5. Runs with the Land. The Agreement and the covenants set forth therein shall run with title to the Property and shall be binding upon all present and future owners and occupants of the Property. [Signature pages follow.] F-2 4838-3276-3985\5 IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date set forth above. EXECUTED ON: This day of , 2017 STATE OF MINNESOTA ) COUNTY OF MCLEOD ) CITY OF HUTCHINSON By: Name: Its: Mayor By: Name: Its: City Administrator ss. The foregoing instrument was acknowledged before me this day of , 20 , by and 'the Mayor and City Administrator of the City of Hutchinson, a municipal corporation, on behalf of the municipal corporation. Notary Public F-3 4838-3276-3985\5 EXECUTED ON: HUTCHCOBBLE LLC This day of ,2017 By: Name: Its: STATE OF MINNESOTA M11 COUNTY OF MCLEOD The foregoing instrument was acknowledged before me this day of , 20 , by , the of HutchCobble LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public F-4 4838-3276-3985\5 EXHIBIT A Property Lot 1, Block 1, Prochnow Addition F-5 4838-3276-3985\5 Exhibit G Form of Easement Agreement EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Easement"), is made this day of , 2017 by and between the HUTCHCOBBLE LLC, a Minnesota limited liability company ("Grantor") and the CITY OF HUTCHINSON, a municipal corporation and political subdivision of the state of Minnesota (the "Grantee"): WITNESSETH: WHEREAS, Grantor and Grantee entered into that certain First Amended and Restated Development Agreement dated , 2017 (the "Agreement"), whereby Grantee agreed to construct certain improvements including an approximately twenty-four (24) foot wide access road from Prospect Street to the Grantor's building, retaining wall or other slope stabilization alternative to facilitate construction of access road and any storm water retention features constructed by the City (collectively, the "Public Improvements") upon the real property located in the City of Hutchinson, McLeod County, Minnesota owned in fee by Grantor and legally described on the attached Exhibit A (the "Property"); and WHEREAS, in accordance with the terms of the Agreement, Grantee has completed construction of the Public Improvements and such Public Improvements are the property of Grantor; and WHEREAS, Grantor desires to grant an easement over the Property for access to and maintenance of portions of the Public Improvements on the terms and conditions herein provided. NOW, THEREFORE, in consideration of the foregoing, the Grantor and Grantee agree as follows: 1. Easement. Grantor hereby grants Grantee a perpetual easement for access to and maintenance of the storm -water retention feature as depicted on the attached Exhibit A (the "Easement Area"). 2. Maintenance of Public Improvements. Grantee shall at all times provide all day to day and long-term maintenance and replacement of the Public Improvements except as otherwise provided herein. Grantor shall at all times provide maintenance and upkeep of the retaining pond or storm water retention feature within the Public Improvements. 3. Runs with the Land. This Easement and the covenants set forth therein shall run with title to the Property and shall be binding upon all present and future owners and occupants of the Property. [Signature pages follow.] G-1 4838-3276-3985\5 IN WITNESS WHEREOF, the parties have executed this Easement as of the date set forth above. EXECUTED ON: This day of , 2017 CITY OF HUTCHINSON By: Name: Its: Mayor By: Name: Its: City Administrator STATE OF MINNESOTA ) COUNTY OF MCLEOD ) ss. The foregoing instrument was acknowledged before me this day of , 20 , by and 'the Mayor and City Administrator of the City of Hutchinson, a municipal corporation, on behalf of the municipal corporation. Notary Public G-2 4838-3276-3985\5 EXECUTED ON: This day of , 2017 STATE OF MINNESOTA COUNTY OF MCLEOD HUTCHCOBBLE LLC By: Name: Its: M11 The foregoing instrument was acknowledged before me this day of , 20 , by , the of HutchCobble LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public G-3 4838-3276-3985\5 EXHIBIT A Property Legal Description and Depiction of Easement Area Lot 1, Block 1, Prochnow Addition [see attached depiction of easement area] G-4 4838-3276-3985\5 Exhibit H Estimated Development Costs City's Public Improvements and Qualified Costs Developer's Private Improvements and Qualified Costs * TOTAL $ *Denotes Qualified Cost reimbursable with tax increment revenues. The Developer estimates that approximately $[ of the total Qualified Costs will be reimbursed with tax increment revenues. H-1 4838-3276-3985\5 TOTAL $ *Denotes Qualified Cost reimbursable with tax increment revenues. The City estimates that approximately $[---j of the total Qualified Costs will be reimbursed with tax increment revenues. Developer's Private Improvements and Qualified Costs * TOTAL $ *Denotes Qualified Cost reimbursable with tax increment revenues. The Developer estimates that approximately $[ of the total Qualified Costs will be reimbursed with tax increment revenues. H-1 4838-3276-3985\5 No. R-1 Exhibit I Form of TIF Note UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF HUTCHINSON LIMITED TAX INCREMENT REVENUE NOTE OF 2017 PRINCIPAL AMOUNT: $ INTEREST RATE: 4.0% The CITY OF HUTCHINSON, MINNESOTA (the "City") for value received, promises to pay, but solely from the source, to the extent and in the manner hereinafter provided, to HUTCHCOBBLE LLC, or its registered assigns (the "Owner"), the principal sum of ($ ), in semi-annual installments payable on August 1, 2019, and on each February 1 and August 1 thereafter up to and including February 1, 2040 (each being a "Scheduled Payment Date"), together with interest on the outstanding and unpaid principal balance of this Note at the rate of 4.0% per annum. Installment payments shall be applied first to interest and then to a reduction of outstanding principal. Interest on the outstanding balance of this Note shall accrue from the date hereof and shall be added to the principal amount on each February 1 and August 1 installment payment date unless paid on such date. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at the postal address within the United States designated from time to time by the Owner. This Note is subject to prepayment on any Scheduled Payment Date at the option of the City, in whole or in part, upon payment to the Owner of the principal amount of the Note to be prepaid, without premium or penalty. This Note is a special and limited obligation and not a general obligation of the City, which has been issued by the City in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including M.S., Sections 469.174 through 469.1794. This Limited Tax Increment Revenue Note of 2017 (Tax Increment Financing District No. 4-19) (or "Note") is issued pursuant to the provisions of that certain First Amended and Restated Development Agreement, dated as of , 2017, as the same may be amended from time to time (the "Development Agreement"), by and between the City and HutchCobble LLC (the "Developer"). THIS NOTE IS NOT PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN PLEDGED TAX INCREMENT, AS DEFINED BELOW. The Note Payment Amounts due hereon shall be payable solely from a portion of the tax increments generated from the Property within the City's Tax Increment Financing District No. 4- I-1 4838-3276-3985\5 19 (the "Tax Increment District") within its Development District No. 4, less twenty percent (20%) of the tax increment retained by the City to (i) pay the City's administrative costs, which percentage of the increments generated (10%) the City is entitled to retain pursuant to the provisions of M.S., Sections 469.174 through 469.1794, as the same may be amended or supplemented from time to time, and (ii) reimburse itself for the costs of the Public Improvements (as defined in the Development Agreement) related to the Development (as defined in the Development Agreement) (the "Available Tax Increment"). The City makes no representation or covenant, express or implied, that the Available Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The City shall pay to the Owner on each Scheduled Payment Date all Available Tax Increment on that date to the extent necessary to pay principal and interest then due and any past due installment. To the extent that the City is unable to pay the total principal and interest due on this Note at or prior to the February 1, 2040 maturity date hereof as a result of its having received as of such date insufficient Available Tax Increment, such failure shall not constitute a default under this Note and the City shall have no further obligation hereon. This Note shall not be payable from or constitute a charge upon any funds of the City, and the City shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the City or of any other public body, and neither the City nor any council member, officer, employee or agent of the City, nor any person executing or registering this Note shall be personally liable hereon by reason of the issuance or registration hereof or otherwise. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the City Council of the City of Hutchinson has caused this Note to be executed by the manual signatures of the Mayor and the City Administrator and has caused this Note to be dated as of 2017. Mayor City Administrator I-2 4838-3276-3985\5 Exhibit J Projected TIF Payment Schedule J-1 4838-3276-3985\5 PURCHASE MONEY PROMISSORY NOTE $300,000 Hutchinson, MN 55350 September , 2017 FOR VALUE RECEIVED, the undersigned, HutchCobble, LLC. a Minnesota limited liability company (the "Developer") promises to pay to the order of the CITY OF HUTCHINSON, a public body corporate and politic (the "City") the principal sum of Three Hundred Thousand and no/cents ($300,000.00), together with interest thereon as hereinafter stated. This Purchase Money Promissory Note (this "Note") evidences the obligation of Developer to pay to City the purchase price for the property located at 416 Prospect Street NE, Hutchinson, Minnesota, 55350 ("the Property") and legally described as: Lot 1, Block 1, Prochnow Addition pursuant to a Development Agreement ("Development Agreement") dated April 11, 2017. Monthly installment payments shall commence on November 1, 2019, and continue thereafter on the first day of each succeeding month, through and including, October 1, 2034. The installment amount shall be One Thousand Six Hundred Sixty Six and 66/100 dollars ($1,666.66) principal and interest necessary to fully pay the principal balance of this Note as of the date of payment, with interest at the annual rate. The annual rate shall be equal to Zero Percent (0.00%). The purchase price and, therefore, the balance of this Note, will be reduced to zero if the Developer obtains a Certificate of Occupancy before November 1, 2019 from the City of Hutchinson for a Hotel to be built at the Property. All payments hereunder shall be applied first to accrued interest and the balance shall be applied to the reduction of the principal balance evidenced hereunder. If any installment hereof is not paid when due, or if the Developer shall fail to perform or observe any obligation binding upon it under any mortgage or security agreement securing this Note or if any default, or event of default, shall occur under any such agreement, or if the undersigned or any guarantor shall become insolvent, shall die, shall make an assignment for the benefit of their creditors, or a receiver shall be appointed for any property of any of them or any proceeding shall be commenced with respect to any item under any bankruptcy or insolvency laws, or if the holder hereof shall at any time in good faith believe that the prospect of due and punctual payment of this Note is impaired, then (in any such event) the holder hereof may, at its option, declare the entire principal balance then remaining unpaid on this Note to be immediately due and payable, and the same shall thereupon be immediately due and payable, together with all interest accrued hereon, without notice or demand. This note may be prepaid, in whole or in part, without premium or penalty but with interest accrued to the date of prepayment on the principal amount prepaid. To the extent permitted by law, the undersigned agrees to pay all costs of collection, including reasonable attorney's fees and legal expenses, incurred by the holder hereof in the event this note is not duly paid. Presentment or other demand for payment, notice of dishonor and protest are hereby expressly waived. This Promissory Note is secured with a Mortgage on the Property. HUTCHCOBBLE, LLC, a Minnesota limited liability company By its Manager TPHutch 2 LLC, a Minnesota limited liability company C Brian D. Forcier Its Sole Member PURCHASE MONEY MORTGAGE THIS INDENTURE, Made this day of , 2017, between HutchCobble, LLC, a Minnesota limited liability company, Mortgagor, and the City of Hutchinson, a public body corporate and politic, Mortgagee, WITNESSETH, That Mortgagor, in consideration of the sum of Three Hundred Thousand and no Cents ($300,000.00), to Mortgagor in hand paid by Mortgagee, the receipt whereof is hereby acknowledged, does hereby convey unto Mortgagee, forever, real property, in McLeod County, Minnesota, described as follows: Lotl, Block 1, Prochnow Addition Together with all hereditaments and appurtenances belonging thereto (the Property). TO HAVE AND TO HOLD THE SAME, to Mortgagee forever, Mortgagor covenants with Mortgagee as follows: That Mortgagor is lawfully seized of the Property and have good right to convey the same; that the Property is free from all encumbrances. That Mortgagor shall quietly enjoy and possess the same; and that the Mortgagor will warrant and defend the title to the same against all lawful claims not hereinbefore specifically excepted. PROVIDED, NEVERTHELESS, That if Mortgagor shall pay to Mortgagee the sum of Three Hundred Thousand and no Cents ($300,000), according to the terms of a promissory note of even date herewith (the Note), the final payment being due and payable on the first day of October 2034, with interest at the rate provided in the Note, and shall repay to Mortgagee, at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage, in payment of taxes on the Property and assessments payable therewith, insurance premiums covering buildings thereon principal or interest on any prior liens, expenses and attorneys fees herein provided for and sums advanced for any other purpose authorized herein, and shall keep and perform all the Covenants and agreements herein contained, then this Mortgage shall be null and void, and shall be released at Mortgagor's expense. AND MORTGAGOR covenants with Mortgagee as follows: 1. to pay the principal sum of money and interest as specified in the Note: 2. to pay all taxes and assessments now due or that may hereafter become liens against the Property before penalty attaches thereto; 3. to keep all buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire, extended coverage perils, vandalism, malicious mischief and, if applicable, steam boiler explosion, for at least the market value of the property at all times while any amount remains unpaid under this Mortgage. If any of the buildings, improvements or fixtures are located in federally designated flood prone area, and if flood insurance is available for that area, Mortgagor shall procure and maintain flood insurance in amounts reasonably satisfactory to Mortgagee. Each insurance policy shall contain a loss payable clause in favor of Mortgagee affording all rights and privileges customarily provided under the so-called standard mortgage clause. In the event of damage to the Property by fire or other casualty, Mortgagor shall promptly give notice of such damage to Mortgagee and the insurance company. The insurance shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Mortgagee. The insurance policies shall provide for not less than ten days written notice to Mortgagee before cancellation, non -renewal, termination, or change in coverage, and Mortgagor shall deliver to Mortgagee a duplicate original or certificate of such insurance policies; 4. to pay, when due, both principal and interest of all prior liens or encumbrances, if any, and to keep the Property free and clear of all other prior liens or encumbrances; 5. to commit or permit no waste on the property and to keep it in good repair; 6. to complete forthwith any improvements which may hereafter be under course of construction on the Property; and 7. to pay any other expenses and attorney's fees incurred by Mortgagee by reason of litigation with any third party for the protection of the lien of this Mortgage. In case of failure to pay said taxes and assessments, prior liens or encumbrances, expenses and attorney's fees as above specified, or to insure said buildings, improvements, and fixtures and deliver the policies as aforesaid, Mortgagee may pay such taxes, assessments, prior liens, expenses and attorney's fees and interest thereon, or obtain such insurance, and the sums so paid shall bear interest from the date of such payment at the same rate set forth in the Note, and shall be impressed as an additional lien upon the Property and be immediately due and payable from Mortgagor to Mortgagee and this Mortgage shall from date thereof secure the repayment of such advances with interest. In case of default in any of the foregoing covenants, Mortgagor confers upon the Mortgagee the option of declaring the unpaid balance of the Note and the interest accrued thereon, together with all sums advanced hereunder, immediately due and payable without notice, and hereby authorizes and empowers Mortgagee to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same to the purchases in fee simple in accordance with the statue, and out of the money's arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorneys fee permitted by law, which costs, charges and fees Mortgagor agrees to pay. The terms of this Mortgage shall run with the Property and bind the parties hereto and their successors in interest. This is a purchase money mortgage and secures the purchase price for the sale of the Property by the Mortgagee to the Mortgagor. IN TESTIMONY WHEREOF, Mortgagor has hereunto set its hand the day and year first above written. MORTGAGOR: HUTCHCOBBLE, LLC, a Minnesota limited liability company By its Manager TPHutch 2 LLC, a Minnesota limited liability company LN STATE OF MINNESOTA ) )ss. COUNTY OF ) Brian D. Forcier Its Sole Member The foregoing instrument was acknowledged before me this day of 2017, by Brian D. Forcier, the Sole Member of TPHutch 2 LLC, a Minnesota limited liability company the Manager of HutchCobble, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public This instrument was drafted by: Marc A. Sebora City of Hutchinson 111 Hassan Street SE Hutchinson, Minnesota 55350 (320) 587-5151 Attorney ID#: 0251239 HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: Short-Term Gambling License - Crow River Cutters Department: Administration LICENSE SECTION Meeting Date: 11/14/2017 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Crow River Cutters of the National Wild Turkey Federation, a nonprofit 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 from December 1 through December 18, 2017, at Landy Lodge. 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 Crow River Cutters from December 1 through December 18, 2017. 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: 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 No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 34 days before event in order to be considered A lication T Short Term Dates)I,20l - I8 J!•`� Fee: $30.00 Month) /Year-Mon!t (Year a iaation Information Name Phone Number -6,5 L5soZ K,,, r-as3zk-' Address where regular meeting are held City State Zip Day and time of meetings? 2t s i> 00 P*A Is this organization organized under the laws of the State of Minnesota? V I yes ❑ no How long has the organization been inexistence? 2�7Hew may members in the organization? What is the purpose of the organization? il-t4c t'bkP, t'r J_ GAME 7W- Ho,-, i In whose custody will organization records be kept? N1 tO IL 320 Name Phone Number 32-1 r Gc Hola-4lissoo kc, 553tia Address City State Zi AuthorizedDfioer o_f the�anization Information True Name 3z-1 ST Se -a%c_ : )s� '., - d.3 '7 5 Phone Number r-#L;ret+IM<-C,&i %k-tA-1 Residence Address C Date of Birth: OF, 1 Z,7 Place of Birth: Monthldtrylyear Have you ever been convicted of any crime other than a traffic offense? If yes, explain: Y Stare f7'C►cel-?L.+e C, City ❑ yes t)E(no City of Hutchinson Apptiralion for Bingo Gambling Devices License Page I of 3 render Minnesota Statute is fa�-C L 1-r True Name 3�1��t��•r SE Residence Address Date of Birth: 0L" / 'L 7 37-0 5E5 3 1-377 Phone Number ��t•rr►��+y�c �: �4.1 S53 Ci Place of Birth: City state Zip rL, Ab►e[; � )/ Monthldaylyear City state Have you ever been convicted of any crime other than a traffic offense? ❑ yes )9i1no If yes, explain_ How long have you been a member of the organization? %� S Came Information Location #1 Name of location where game will be played Phone Number 3'e -t> A UE S 6 IAYe^,' S�3so Address of location where game well be played J City State Zip Date(s) and/or day(s) gambling devices will be used: 12- ! 0l1ZOt-7 through AM Hours of the day gambling devices will be used: From �! '�'' PM To Qa r 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 Apo If yes, will a chane be made for such refreshments? ❑ ves ❑ no 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 pM To PM Maximum number of player: Will prizes be paid in money or merchandise? 0 money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If Yes, will a chane be made for such refreshments? ❑ ves ❑ no Officers of the dr anization (necessary, lest additional names on s. t A �eom-& L C <-c Name . r. c }� rbc. � .-• -� ..- Title 3Zr beic S7 5F X-eAl Residence Address •ter � Z-A:5LE-a Name /6 79Z 70S7 4LIr-- Residence Address City State Sc�P- 7A � r-`/ Title .S5.35� zip City State Zip City ofmurchinson Application for Bingo Gar tiling bevtces License Page 3 of Name Residence Address Title /1.Lj State Officers or Other Persons Paid for Services Information necess list additional names on se arate sheet Name Title Residence Address City State zip Name Title Residence Address City State Zip Name Title Residence Address 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 Cha er 349)? GamblingManager �.r ��L� g � yes ❑ no Authorized Officer u�yes ❑ no Initial Initial I declare that the infonnnation I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information sn mitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling I will familiarize myself with the conicats thereof. Signature of authoriz d of cer o. f organization Signature manager of organization Internal Use Only City Council 0 approved © denied Notes: Date Date HUTCHINSON CITY COUNCIL c`=y-f 0, a_ � Request for Board Action 79 M-W Agenda Item: Airport engineering work order Department: PW/Eng LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Public Works is requesting the City Council to approve Work Order #2 with Bolton-Menk to engineer and architectural work in preparation for constructing a T-hangar. This approval would allow work to begin in time to have an early-season bid date, which will likely result in more favorable bid pricing. This project is reimbursable under a FAA grant at 90%, with the City's 10% match being $7,500. This work would be done prior to the grant application, as the intent is to complete construction of a T-hangar. If, for whatever reason, that were not possible, a grant would be applied for to include costs incurred to-date, including this work order. BOARD ACTION REQUESTED: Approval of Work Order #2 with Bolton-Menk for 2018 T-hangar construction Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 74,998.00 Total City Cost: $ 7,500.00 Funding Source: Airport construction Remaining Cost: $ 67,498.00 Funding Source: Federal Aviation Administration grant November 7, 2017 To: Resource Allocation Committee From: John Olson, Public Works Manager City of Hutchinson Hutchinson Municipal Airport — Butler Field Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 Subject: Proposed construction of an 8 -unit T -hangar at the Airport Last year, airports in Minnesota experienced sticker shock for building construction projects. Prices were significantly higher than expected. Public Works staff believes this is a result of the timing of FAA grants. FAA grants are not usually available until late in the construction season. Bids are usually let in May or June for late summer/fall construction. This is much later than traditional building projects, so the thought is prices were higher because most builders had already planned their season's work. Based on these observations, it may be in the City's financial interest to conduct design and bid administration so bids can be let earlier in the construction season, prior to and contingent upon receipt of a FAA grant. Attached is a proposed work order from Bolton & Menk, Inc. for design and bid administration for a proposed hangar project in 2018. This work order would cover necessary preliminary work, design of site improvements and the hangar building, and preparation and administration of bids for the project. The work order cost estimate is $74,998. This work is eligible for a Federal Aviation Administration (FAA) Airport Improvement Project (AIP) grant. FAA allocates $150,000 of AIP funds to the City annually, with a maximum accumulation of $450,000. For this project, the FAA share would be $67,498, and the local share would be $7,500. Were the City to pursue this project with the goal of securing better pricing, the cost of the work would need to be carried into the summer of 2018, prior to a FAA AIP grant becoming available. Once a grant was secured, the City could reimburse itself for 90% of the project costs. A decision should be made whether it would be reasonable to carry costs of up to $74,998 until a grant is received. Based upon the difference in pricing for last year's construction projects for various airports, this is a risk that may come with at least a commensurate reward. Until a grant is in hand there is, of course, a risk that the City would not receive a grant adequate to cover the costs. This appears unlikely, considering the work is eligible under the FAA AIP grant program. The City's 2018 balance is anticipated to be the full $450,000 maximum allowed under the program, following repayment of AIP funds that were lent to other airports last year. Q M& ENK Real People. Real Solutions. October 9, 2017 Mr. John Olson Public Works Manager City of Hutchinson 1400 Adams Street SE Hutchinson, MN 55350 RE: Hutchinson Municipal Airport — Butler Field (HCD) 2018 T -Hangar Construction BM Work Order No.2 Proposal for Professional Services Dear Mr. Olson, 7533 Sunwood Drive NW Suite 201, Ramsey, MiV 55303-5119 Ph: 17631433-2851 Fax: [7631427-0833 Bolton-Menk.com Bolton & Menk is pleased to submit our proposal for Design and Bid Administration services for the construction of an 8 -Unit T -Hangar at the Hutchinson Municipal Airport. This is Work Order No.2 to the Professional Services Contract between the City and Bolton & Menk, Inc. with contract effective date of April 11, 2017. Our understanding of the project is the City desires to construct an 8 -Unit T -Hangar southwest of the existing T -Hangar on the northern end of the Apron. The T -Hangar will be designed to meet the following minimum standards: • Pre -engineering metal building. • Concrete slab and foundations. • Bi -fold doors. • 14' door opening clearance. • Light emitting diode (LED) ceiling lights. • Electrical receptacles. • Embedded 4' pedestrian door. • Truss roof with gutter system. The dimensions of each T -Hangar unit will be finalized upon completion of a pre -design meeting with the City. H:\HUTC\Genera 1\2018T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design(092217).docx 1 of The T -Hangar will be designed for cold storage. If the Sponsor desires to install liner panels with wall insulation, this can be completed as an Alternate Bid Schedule. A Bituminous Apron will be also constructed to tie into the existing pavement southwest of the existing T -Hangar. The project will be let for bids in early 2018. The project will include multiple bid schedules to maximize the available Federal funding. Funding shall be combination of Federal, State, and Local funds. The anticipated funding participation rates are 90% Federal, 5% State, and 5% Local. Construction Administration services will be completed via a separate Work Order. SCOPE OF SERVICES: TASK 1: DESIGN & BID ADMINISTRATION 1.1 Project Scoping Consultant shall confer with the Sponsor on, and ascertain, project requirements, finances, schedules, and other pertinent matters affecting the project and shall arrive at a mutual understanding of the scope of services. Consultant shall coordinate with the Sponsor, FAA, State, subconsultants, and other applicable agencies to complete the work elements in Task 1. One (1) preliminary design meeting will be conducted with the Sponsor to review project requirements. This meeting shall include the Sponsor, Consultant, and Architectural Subconsultant. 1.2 Topographical Survey Consultant shall verify existing survey data completed in 2015. It is anticipated survey field work will require one trip to the Airport by a one-person survey crew. Consultant shall convert survey date to a CAD format for use in design. 1.3 Geotechnical Investigation Consultant shall determine the type and frequency of geotechnical testing required for the project. Field work will be performed by a qualified geotechnical subconsultant. The geotechnical investigation will include the following: • Three (3) soil borings to a depth of 15 -feet. • Three (3) subgrade soil gradations. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx BLALon & Menk i6 air equal opporwnly einniayec 2 of 6 • Three (3) sieve/hydrometer tests. Geotechnical subconsultant shall submit a report summarizing existing soil conditions, soil impacts to structure design, footing design, subgrade modulus for slab design, and vapor barrier recommendations. 1.4 Construction Safety and Phasing Plan (CSPP) Consultant shall complete FAA Form 7460-1 and the Construction Safety and Phasing Plan (CSPP), through the FAA's Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) website portal. The 7460 form and the CSPP will be prepared according to current FAA guidelines. 1.5 Prepare Modification of Airport Design Standards Consultant shall complete the FAA Dakota -Minnesota Region's Modification of Airport Design Standards to allow the use of MN DOT Specifications for certain construction bid items. The request will be submitted to the FAA prior to completing Preliminary Design services for review and approval. 1.6 Prepare Preliminary Plans, Specifications, and Cost Estimate Consultant will prepare preliminary plans. The plan sheets will be limited to those sheets necessary to carry out the construction of the proposed project. Consultant shall assemble the technical specifications necessary for the intended work. Standard FAA and MNDOT Specifications will be utilized where possible. Additional specifications will be prepared to address work items or materials that are not covered by FAA or MNDOT Specifications. Architectural services shall be completed by IS Group from Mankato, MN. Services shall include architectural, structural, mechanical, and electrical engineering. Construction specifications shall meet all applicable local, state, and national building code requirements. Consultant shall prepare preliminary construction cost estimate. 1.7 Final Plans, Specifications, and Cost Estimate Consultant shall submit 90% plans, specifications, and cost estimate to the Sponsor for review. One (1) in person design review meeting will be held to review the bidding documents and discuss Sponsor comments. The final set of plans, specifications, and cost estimate will be prepared which incorporates revisions, modifications, and corrections determined during the Sponsor review meeting. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx BoLLon & Menk i6 air equ at oppl E wiwy ei rtulaye+ 3of6 1.8 Prepare Disadvantaged Business Plan (DBE) Since the project is anticipated to use Federal funds in excess of $250,000, the bi-annual Disadvantaged Business Enterprise goal for the Airport will be updated to reflect the current project. This task includes research of the current state highway certified DBE listings and are contractors to determine the availability of potential DBE contractors, preparation of preliminary construction estimates, and identification of potential DBE work items. The DBE work goal sheets will be finalized for the Sponsor submittal to the FAA Civil Rights Office. 1.9 Prepare Advertisement for Bids Required advertisement and bidding dates will be established. Consultant shall submit a copy to the Sponsor for distribution to local and selected publications of the project. The Sponsor shall pay for the associated cost of advertising. 1.10 Furnish Bid Documents Consultant shall prepare, reproduce, and distribute 10 sets of bidding documents for the project. In addition, electronic copies of the bidding documents will be made available for download through the Quest Construction Document Network website (QuestCDN). The Consultant shall keep a current list of plan holders and distribute this to interested parties upon request. This task also includes coordination required to facilitate these requests. 1.11 Respond to Bidders Questions During the bidding process, Consultant will be available to clarify bidding issues with contractors and suppliers, and for consultation with various entities associated with the project. This item also includes contacting bidders to generate interest in the project. 1.12 Prepare and Distribute Addendums Consultant shall issue addenda as appropriate to interpret, clarify, or change the bidding documents as required by the Sponsor, FAA, or the State. Addenda will be made available to the plan holders either though mail, electronic mail, hand delivering, or via facsimile transmission. 1.13 Pre -Bid Meeting and Bid Opening No pre-bid meeting will be scheduled for this project. Consultant shall attend the bid opening and assist the City with the bid opening process. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx BLALon & Menk i6 air equal opporwnly einnicyu 4of6 1.14 Bid Review and Bid Tabulation Consultant shall advise the Sponsor as to the acceptability of any subcontractors, suppliers, and other persons and organizations proposed by the bidders and as to the acceptability of substitute materials and equipment proposed by bidders. Consultant shall prepare a spreadsheet that includes all bid items for the purpose of evaluating the lowest bidder. Consultant shall input the as -bid unit prices into the spreadsheet to verify mathematical computations of the bids. 1.15 Prepare Recommendation for Awards Consultant shall prepare a recommendation of award for the Sponsor to accept or reject the bids as submitted. If rejection is recommended, Consultant shall supply an explanation for their recommendation and possible alternative actions the Sponsors can pursue to complete the project. Once the Contract Award is made, Consultant shall distribute the bid tabulations on the request of the Sponsor. 1.16 Prepare Grant Application Consultant shall prepare the Federal Grant Application after project design has been completed and the bids are accepted. Consultant shall submit the Grant Application to the Sponsor for approval and signatures. After obtaining the necessary signatures, Consultant will submit copies to the FAA and State for further processing. COMPENSATION: The services described above in this proposal shall be completed on an LUMP SUM NOT TO EXCEED basis of $ 74,998. SCHEDULE: We anticipate the work can be performed to the following schedule: • Design: November, 2017 — February, 2018 • Bid Letting: March, 2018 • Construction: September 2018 —July, 2019 (Contingent upon Federal Grant) Bolton & Menk, Inc. puts a high priority on ensuring that our company's efforts are consistent with our clients' needs. If you find this proposal acceptable, please return to me a signed and dated copy of this document. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx RuUm & Menk ie air equal opportunity einnlayer 5 of 6 Sincerely, Bolton & Menk, Inc. ,9A4&)1:6P~ Silas Parmar, P.E. Project Manager Enclosures: • Fee Analysis • Project Sketch ************************************************************************************* I hereby accept the terms defined in this letter proposal. Mr. Gary Forcier Mayor Mr. Matt Jaunich City Administrator H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx Date Date BaLlm & Menk ie air equal opportunity einnlayer 6of6 DETAILED WORK PLAN ESTIMATED PERSON -HOURS AND FEES SPONSOR: HUTCH NSON MUNICIPAL AIRPORT - BUTLER FIELD (HCD) PROJECT: T -HANGAR HANGAR CONSTRUCTION CONSULTANT: BOLTON & MENK, INC. DESIGN & BID ADMINISTRATION BOLTON &MENK, INC. I Engineering Fe TASK 1- DESIGN & BID ADMINISTRATION 1 $74,998.0 Item No. Principal/Senior Project Manager $180.00 Project Manager $148.00 Project Engineer $110.00 Engineering Technician $95.00 Licensed Land Surveyor $125.00 Airport Planner $148.00 Clerical $75.00 Total Hours Cost Summary TASK 1- DESIGN & BID ADMINISTRATION 1.1 Project Scoping 1 8 8 0 0 0 0 17 $2,244.00 1.2 Topographical Survey 0 1 0 0 8 0 0 9 $1,148.00 1.3 Geotechnical Investigation 0 1 2 0 0 0 0 3 $368.00 1.4 Construction Safety and Phasing Plan (CSPP) 0 2 8 8 0 0 0 18 $1,936.00 1.5 Prepare Modification of Airport Design Standards 0 12 4 4 0 0 2 22 $2,746.00 1.6 Prepare Preliminary Plans, Specifications, and Cost Estimate 0 24 60 32 0 0 0 116 $13,192.00 1.7 Final Plans, Specifications, and Cost Estimate 0 12 32 16 0 0 0 60 $6,816.00 1.8 Prepare Disadvantaged Business Plan (DBE) 0 4 0 0 0 0 20 24 $2,092.00 1.9 Prepare Advertisement for Bids 0 1 0 0 0 0 2 3 $298.00 1.10 ffurnish Bid Documents 0 0 0 0 0 0 8 8 $600.00 1.11 Respond to Bidders Questions 0 8 0 0 0 0 2 10 $1,334.00 1.12 Prepare and Distribute Addendums 0 4 4 0 0 0 4 12 $1,332.00 1.13 Pre -Bid Meeting and Bid Opening 0 6 0 0 0 0 0 6 $888.00 1.14 Bid Review and Bid Tabulation 0 2 0 0 0 0 2 4 $446.00 1.15 Prepare Recommendation for Award 0 i0 0 0 0 2 4 $446.00 1.15 Prepare Grant Application 0 4 2 0 0 0 4 10 $1,112.00 1.16 Estimated Total Man-hours 1 91 120 60 8 0 46 326 Summary Costs $180.00 $13,468.00 $13,200.00 $5,700.00 $1,000.00 $0.00 $3,450.00 $36,998.00 Expenses Rate Geotechnical Subconsultant -AET 1 $3,000.00 $3,000.00 Architectural Subconsultant - IS GROUP 1 $35,000.00 $35,000.00 Total Expensesl $38,000.00 TASK 1- DESIGN & BID ADMINISTRATION $74,998.00. H:\HUTC\_General\2018 T-Hangar\Work_Order\HCD-Work Order No.2-Hangar Design Fee Analysis (092217).xls n PROPOSED 8 UNIT T -HANGAR PROPOSED PAVEMENT vc�2c 0� m EXISTING HANGARS ja- ja v 1 �p O � o a 100 zoo /s33suNw0000aNW, swTFza6 aAnnsev, MWNEso3-2 ssaos HUTCHINSON MUNICIPAL AIRPORT Roaz ® SCALE FEET ®BOLTON & M E N K Fhooe.. (]63)4332851 FinaikWa 8 UNIT T -HANGAR CONSTRUCTION PROJECT LAYOUT 0omm�sMein, m�. zov, au a'��ncs ae:e,�ee n:�nuTCLea��eai�zoie Tnn��,�nnNcaR rwn.a�,�g a/zc/zov 9.z4AM mbol t4=11.7.1.com SEPTEMBER, 2017 FIGURE NO.1 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/25/2017 - 11/14/2017 Check Date Check Vendor Name Description Amount 10/24/2017 198475 MINNESOTA RURAL WATER ASSN WATER SYSTEMS CLASS - E. LEVINE & M. LIEN 250.00 10/27/2017 EFT572 EFTPS PAYROLL 10/8- 10/21/2017 63,926.16 10/27/2017 EFT573 Aflac PAYROLL 10/8 - 10/21/2017 170.41 10/27/2017 EFT574 MN Dept of Revenue PAYROLL 10/8 - 10/21/2017 12,164.95 10/27/2017 EFT575 PERA PAYROLL 10/8 - 10/21/2017 47,510.53 10/27/2017 EFT576 TASC-Flex PAYROLL 10/8 - 10/21/2017 1,886.76 10/27/2017 EFT577 TASC-H S A PAYROLL 10/8 - 10/21/2017 11,913.00 10/27/2017 EFT578 ICMA PAYROLL 10/8 - 10/21/2017 2,222.40 10/27/2017 EFT579 VOYA PAYROLL 10/8 - 10/21/2017 990.00 10/27/2017 EFT580 MNDCP PAYROLL 10/8 - 10/21/2017 305.00 10/27/2017 198476 MNPEA PAYROLL 10/8 - 10/21/2017 624.00 10/27/2017 198477 UNUM Life Insurance PAYROLL 10/8 - 10/21/2017 966.03 10/27/2017 198478 HART PAYROLL 10/8 - 10/21/2017 662.21 10/31/2017 198479 MINNESOTA DEPT OF NATURAL RESOURCES WATER CROSSING LICENSE APPLICATION FEE 2,250.00 10/31/2017 198480 HUTCHINSON CO-OP CEMETERY #1: NEW TIRE 3,179.38 11/10/2017 EFT581 EFTPS PAYROLL 10/22 - 11/04/2017 63,512.99 11/10/2017 EFT582 Aflac PAYROLL 10/22 - 11/04/2017 170.41 11/10/2017 EFT583 MN Dept of Revenue PAYROLL 10/22 - 11/04/2017 12,104.12 11/10/2017 EFT584 PERA PAYROLL 10/22 - 11/04/2017 47,789.15 11/10/2017 EFT585 TASC-Flex PAYROLL 10/22 - 11/04/2017 1,886.76 11/10/2017 EFT586 TASC-H S A PAYROLL 10/22 - 11/04/2017 11,913.00 11/10/2017 EFT587 ICMA PAYROLL 10/22 - 11/04/2017 2,326.24 11/10/2017 EFT588 VOYA PAYROLL 10/22 - 11/04/2017 990.00 11/10/2017 EFT589 MNDCP PAYROLL 10/22 - 11/04/2017 305.00 11/10/2017 198481 NCPERS PAYROLL 10/22 - 11/04/2017 336.00 11/10/2017 198482 HART PAYROLL 10/22 - 11/04/2017 662.21 11/14/2017 198483 AARP OCTOBER SMART DRIVING CLASS - AARP INSTR 260.00 11/14/2017 198484 AASE, LAURA REFUNDABLE DAMAGE DEPOSIT 300.00 11/14/2017 198485 ACE HARDWARE VARIOUS R&M SUPPLIES 664.42 11/14/2017 198486 VOID - 11/14/2017 198487 ACOMATOWNSHIP GAP REPAIRS ON KOGLIN ROAD 1,418.50 11/14/2017 198488 ALBERTS, LESLIE REIMB: FOOD FOR PRCE COACHES CLINIC 26.09 11/14/2017 198489 ALPHA TRAINING & TACTICS LLC POINT BLANK ARMOR, CONCEALABLE CARRIER 909.78 11/14/2017 198490 ALPHA WIRELESS MONTHLY UHF DISPATCH 53.44 11/14/2017 198491 AMBORN, THERESA REFUND DAMAGE DEPOSIT - EVENT CENTER 300.00 11/14/2017 198492 AMERICAN BOTTLING CO MISC BEVERAGES 346.96 11/14/2017 198493 AMERICAN PUBLIC WORKS ASSN RENEWAL FOR 1/1/18 - 12/31/18 1,000.00 11/14/2017 198494 AMERIPRIDE SERVICES TOWEL BARS, MOPS, MATS, LAUNDRY BAGS 216.70 11/14/2017 198495 ANCHOR SCIENTIFIC, INC. SOLO -FLOAT 10' BLUNT 38.92 11/14/2017 198496 ANIMAL MEDICAL CENTER ON CROW RIVER PROCESSING/BOARDING FEES 911.00 11/14/2017 198497 ARCTIC GLACIER USA INC. ICE CUBES 369.66 11/14/2017 198498 ARNESON DISTRIBUTING CO OCTOBER COST OF GOODS - LIQUOR 890.70 11/14/2017 198499 ARROW TERMINAL LLC CABLE TIES, HEX WASHERS, GROMMETS, LED L 206.65 11/14/2017 198500 ARTISAN BEER COMPANY OCTOBER COST OF GOODS - LIQUOR 2,804.75 11/14/2017 198501 AUTO VALUE - GLENCOE 3/8 DRIVE SOCKETS 219.94 11/14/2017 198502 AUTOMATIC SYSTEMS CO ADDED WTP FLOW & CHEM USEAGE TO CICODE S 2,543.45 11/14/2017 198503 AXON ENTERPRISE, INC. HANDLES, HOLSTERS, BATTERY PACKS, TASERS 4,108.72 11/14/2017 198504 B & C PLUMBING & HEATING INC MECHANICAL PERMIT PM17-0197 WORK NO LONG 51.00 11/14/2017 198505 BARR ENGINEERING COMPANY HUTCH RIVER BASIN IMPROVEMENT STUDY: 8/1 3,813.00 11/14/2017 198506 BELLBOY CORP OPERATING SUPPLIES - MISC 4,724.11 11/14/2017 198507 BERNICK'S MISC BEVERAGES 270.35 11/14/2017 198508 BETTER HALF EMBROIDERY SHIRTS W/ EMBROIDERY 262.92 11/14/2017 198509 BIOBAG AMERICAS INC BIO BAG PROGRAM - 1 YR BAG SUPPLY 8,658.00 11/14/2017 198510 BLUE WATER ENTERPRISES LLC LADDER 1: EVACUATE A -C SYSTEM REPLACE CO 193.41 11/14/2017 198511 BNO SHEET METAL INC DUCTWORK FOR DEHUMIDIFIERS - MAT & LABOR 5,000.00 11/14/2017 198512 BRANDON TIRE CO UNIT#302: DISMOUNT & MOUNT W/ NEW TUBE, 838.66 11/14/2017 198513 BREAKTHRU BEVERAGE OCTOBER COST OF GOODS - LIQUOR 8,681.87 11/14/2017 198514 BUSINESSWARE SOLUTIONS OCTOBER Cost per Print 1,959.48 11/14/2017 198515 C & L DISTRIBUTING OCTOBER COST OF GOODS - LIQUOR 52,300.67 11/14/2017 198516 CALIFORNIA CONTRACTORS SUPPLIES THERMAL GLOVES - PUBLIC WORKS 539.64 11/14/2017 1198517 CARLOS CREEK WINERY NOVEMBER COST OF GOODS - LIQUOR 612.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/25/2017 - 11/14/2017 Check Date Check Vendor Name Description Amount 11/14/2017 198518 CARS ON PATROL SHOP LLC LABOR - DECOMMISSION OLD SQUAD #4 1,045.00 11/14/2017 198519 CARTER, RON REIMB FOR SAFETY GLASSES 100.00 11/14/2017 198520 CENTRAL HYDRAULICS O -RINGS, SWIVELS, HOSE 371.63 11/14/2017 198521 CHEF CRAIG'S CAFE & CATERERS RECOGNITION BANQUET 10/26/17 1,922.80 11/14/2017 198522 CHEP RECYCLED PALLET SOLUTIONS LLC 07 - B GRADE 48 X 40 7,237.78 11/14/2017 198523 CIVIL AIR PATROL MAGAZINE SPACE ORDERED 1/18 PAGE 145.00 11/14/2017 198524 CJW TRUCKING INC FREIGHT - FRATTALLONES TO CREEKSIDE 300.00 11/14/2017 198525 CORE & MAIN LP OMNI MTR 1000 GAL; IPERL 1G 3 -TERN SCREW 4,198.95 11/14/2017 198526 CORPORATE MECHANICAL LABOR/MAT TO REPLACE HONEYWELL SPYDER CO 1,382.00 11/14/2017 198527 CORRAGROUP CREDIT REPORTS 22.00 11/14/2017 198528 CROW RIVER AUTO & TRUCK REPAIR OIL CHANGE - PD 2 VEHICLES 69.44 11/14/2017 198530 CROW RIVER GOLF CLUB EVENT ON 10/19/17, BANQUET OPEN FOOD, CU 536.88 11/14/2017 198531 CROW RIVER PRESS INC SENIOR NEWSLETTERS 86.14 11/14/2017 198532 CROW RIVER SIGNS SQUAD 1 & SQUAD 4: GRAPHICS 1,550.00 11/14/2017 198533 CROW RIVER WINERY OCTOBER COST OF GOODS - LIQUOR 1,401.97 11/14/2017 198534 DAKTRONICS BASKETBALL SCOREBOARD, DOWNLOAD, SW LICE 322.13 11/14/2017 198535 DOG -ON -IT -PARKS WASTE STATION & BAG DISPENSER & BAGS, LI 767.10 11/14/2017 198536 DOUGLAS COUNTY SHERIFF'S OFFICE PROCESS SERVICE: T CRAIG 90.00 11/14/2017 198537 DROP -N -GO INC OCTOBER MAILING SERVICE AND POSTAGE 2,725.82 11/14/2017 198538 DUDE SOLUTIONS MAINTENANCE EDGE - ANNUAL CONTRACT 1,389.15 11/14/2017 198539 DUNDEE VARIOUS FLOWERS 34.99 11/14/2017 198540 DYNA SYSTEMS CABLE TIES, CRYOBIT 99.48 11/14/2017 198541 E2 ELECTRICAL SERVICES INC ELECTRICAL R&M AT VARIOUS LOCATIONS 930.41 11/14/2017 198542 ELECTRO WATCHMAN LIBRARY: CHECKED ALARM PANEL BATTERY & PHONE 147.50 11/14/2017 198543 EMERGENCY MEDICAL TRAINING SPECIALI EMR TRAINING - 10/3/17 1,350.00 11/14/2017 198544 EMPLOYMENT RESOURCE CENTER TEMPORARY STAFFING - CREEKSIDE 3,553.26 11/14/2017 198545 ERICKSON ENGINEERING CO LLC PROJ: SAP 133-109-008 7/2/17 - 9/30/17 8,776.00 11/14/2017 198546 EWERT BROS INC CAMERA INSPECTION: GOING EAST ON ROBERTS 250.00 11/14/2017 198547 FARM -RITE EQUIPMENT LENS, GASKETS, BULBS 119.36 11/14/2017 198548 FASTENAL COMPANY BLACKSTONE CUT OFF WHEEL 65.14 11/14/2017 198549 FAUTH, DAVID A UB refund for account: 3-486-4160-3-00 202.45 11/14/2017 198550 FRATZKE, MARK E CITY HOME IMPROV LOAN - HRA 4,616.21 11/14/2017 198551 G & K SERVICES MATS, TOWELS, COVERALLS, WET MOPS 184.44 11/14/2017 198552 GAUGER, LARRY UB refund for account: 3-080-2470-0-00 21.40 11/14/2017 198553 GAVIN, DONLEY & OSTLUND, LTD FLAT FEE AGREEMENT - SEPTEMBER 2017 3,300.00 11/14/2017 198554 GOODPOINTE TECHNOLOGY PAVEMENT CONDITION SURVEY- STREETS, TRAI 19,040.00 11/14/2017 198555 GOPHER STATE FIRE EQUIPMENT CO. ABC HYDRO -TEST, O-RING, VALVE STEM 3,249.69 11/14/2017 198556 GRAINGER REDUCING TEE SOCKET 143.24 11/14/2017 198557 GRO-WELL BRANDS, INC ALL WEST CEDAR - CREEKSIDE INVENTORY 5,555.74 11/14/2017 198558 HACH COMPANY FLUORIDE REAGENT SET 984.21 11/14/2017 198559 HANSEN TRUCK SERVICE LADDER 1- REPLACE FILTER ON FRONT DIFFE 515.65 11/14/2017 198560 HARRINGTON INDUSTRIAL PLASTICS LABEL PRINTER, STARTER KIT & TAPE ROLL 5,414.25 11/14/2017 198561 HARTFORD, THE 2017/18 INSURANCE - SOLAR ARRAY 5,631.00 11/14/2017 198562 HAWK PERFORMANCE SPECIALITIES LABOR/MATERIALS/TRAVELTO PAINT ARENA 1,815.00 11/14/2017 198563 HCVN-TV 3RD QUARTER MEDIACOM FRANCHISE FEES 24,102.81 11/14/2017 198564 HILLYARD / HUTCHINSON CLEANING SUPPLIES / BATTERIES FOR ZAMBONI 4,333.12 11/14/2017 198565 HJERPE CONTRACTING EMERGENCY REPAIR OF WATER LEAKS 5,549.00 11/14/2017 198566 HOFF, RANDY ARRANGEMENT FOR STEVEN BORSTAD SERVICE 50.00 11/14/2017 198567 HOHENSTEINS INC OCTOBER COST OF GOODS - LIQUOR 623.75 11/14/2017 198568 HOLDEN ELECTRIC CO INC ANNUAL SERVICE -CLEANED BEACON LIGHTAIRPORT 497.50 11/14/2017 198569 HOLT TOUR AND CHARTER INC. MONDAY, DEC 11, 2017 - COYOTE MOON GRILL 640.00 11/14/2017 198570 HP INC LAPTOPS -J BURMEISTER AND FD #7 1,940.38 11/14/2017 198571 HUTCH AUTO BODY 2014 EQUINOX: DAMAGE REPAIR - INSUR CLAIM 4,349.98 11/14/2017 198572 HUTCH CAFE 6/28 11 MEALS; 7/25 20 MEALS FOR EDA MEETINGS 277.41 11/14/2017 198573 HUTCHINSON CO-OP VARIOUS PARTS/SUPPLIES 9,156.54 11/14/2017 198574 HUTCHINSON CONVENTION & VISITORS BU SEPTEMBER 2017 LODGING TAX 9,861.49 11/14/2017 198575 HUTCHINSON EVENT CENTER 15% FOOD/BEVERAGE CHGS - RECOGNITION EVENT 288.42 11/14/2017 198576 HUTCHINSON FIRE DEPT RELIEF ASSN HALF OF COST FOR YOUTH FB PIZZA PARTY 140.00 11/14/2017 198577 HUTCHINSON HEALTH CARE NOV CAM: CREDIT FROM 2016 CAM, USED FOR 794.77 11/14/2017 198578 HUTCHINSON HRA PROJECT ADMIN REIMB FOR R FRATZKE IMPR L 1,982.40 11/14/2017 1198579 HUTCHINSON LEADER MONTHLY ADVERTISING/PUBLICATIONS-VARIOUS 1 2,310.16 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/25/2017 - 11/14/2017 Check Date Check Vendor Name Description Amount 11/14/2017 198580 HUTCHINSON SENIOR ADVISORY BOARD ADVERTISING FOR WEDDING EXPO REIMB 53.69 11/14/2017 198581 HUTCHINSON UTILITIES OCT UTILITIES OCT 1-NOV 1'2017 83,520.50 11/14/2017 198582 HUTCHINSON WHOLESALE #1550 UNIT 613 - SIGNAL LAMP 118.66 11/14/2017 198583 HUTCHINSON WHOLESALE#1552 SHOP USE: REDUCER 24.03 11/14/2017 198584 HUTCHINSON WHOLESALE #2520 SHOP SUPPLIES: YELLOW SHRINK BUTTS 59.33 11/14/2017 198585 HUTCHINSON, CITY OF WATER & SEWER 9/1-9/30'17 814.19 11/14/2017 198586 HUTCHINSON, CITY OF REPLENISH ATM AT CITY CENTER 5,000.00 11/14/2017 198587 I.M.S. SHARPENING SERVICE CATCH BASIN REPAIR 900.00 11/14/2017 198588 INDIAN ISLAND WINERY OCTOBER COST OF GOODS - LIQUOR 129.12 11/14/2017 198589 INTERSTATE BATTERY SYSTEM MINNEAPOL SHOP PARTS 407.43 11/14/2017 198590 ISD423/PRCE BROCHURE ADVERTISING 275.00 11/14/2017 198591 JACK'S UNIFORMS & EQUIPMENT LADIES SHIRTS - HOSPITAL SECURITY 108.89 11/14/2017 198592 JEFF MEEHAN SALES INC. SEPTEMBER 2017 CREEKSIDE COMMISSIONS 762.03 11/14/2017 198593 JESSE TREBIL FOUNDATION SYSTEMS INC REFUND PERMIT FOR CANCELLED PROJECT 52.62 11/14/2017 198594 JJ TAYLOR DIST OF MN OCTOBER COST OF GOODS - LIQUOR 5,540.15 11/14/2017 198595 JOE'S SPORT SHOP T-SHIRTS FOR RECREATION 937.50 11/14/2017 198596 JOHNSON BROTHERS LIQUOR CO. OCTOBER COST OF GOODS - LIQUOR 29,760.76 11/14/2017 1198597 JOHNSON, SKYLER REFUND DAMAGE DEPOSIT - EVENT CENTER 300.00 11/14/2017 198598 KAHNKE BROTHERS NURSERY TREES FOR POLICEMAN'S/EAST RIVER PARKS 2,208.60 11/14/2017 198599 KDUZ KARP RADIO PRO SPORTS COMBO BILLING 401.00 11/14/2017 198600 KELLER, MATTHEW SAFETY GLASSES REIMBURSEMENT 100.00 11/14/2017 198601 KERI L WILLIAMS 10/16-10/31: CONTRACT CLEANING 3,344.00 11/14/2017 198602 KEYSTONE INTERPRETING SOLUTIONS INC CASE INVESTIGATION W/ DEAF ADVOCATE & TR 315.00 11/14/2017 198603 KLOSS, TOM REIMB FOR ALLEN WRENCHES 13.95 11/14/2017 198604 KNIFE RIVER CORPORATION 1-31317-03 #2 FOR 9/26-10/23'17 122,002.56 11/14/2017 198605 KOHLS SWEEPING SERVICE 10/12 & 10/16 LEVELED WHERE CRUSHER WAS 520.00 11/14/2017 198606 KONERZA, STACY KARAOKE NIGHT 75.00 11/14/2017 198607 KRANZ LAWN & POWER CEMETARY MOWERS: KNOBS, DISCHARGE SHIELD 202.67 11/14/2017 198608 KUE CONTRACTORS INC HRA RENTAL REHAB LOAN: GATEWAY CENTRAL 95,215.50 11/14/2017 198609 KULLY SUPPLY BUBBLER KIT 23.85 11/14/2017 198610 L & P SUPPLY CO VARIOUS MOWER/EQUIP SUPPLIES 488.18 11/14/2017 198611 LANO EQUIPMENT OF NORWOOD DEFLECTORS, HEX BOLTS 33.48 11/14/2017 198612 LIEN, MIKE REIMB 10/21-10/26'17 - CONFERENCE IN DALLAS TX 1,733.03 11/14/2017 198613 LIND, ERIN REFUND DAMAGE DEPOSIT - EVENT CENTER 300.00 11/14/2017 198614 LOCHER BROTHERS INC OCTOBER COST OF GOODS - LIQUOR 38,375.69 11/14/2017 198615 LOGIS NETWORK THRU9/23/17-VARIOUS 287.50 11/14/2017 198616 LUBE -TECH ESI FREIGHT CHARGES GRACO CART & PUMP ASSEMB 63.00 11/14/2017 198617 M -R SIGN SIGNS - STREETS DEPT 500.01 11/14/2017 198618 MATHESON TRI -GAS INC ACETYLENE LG, HIGH PRESSURE MD 17.52 11/14/2017 198619 MAYTAG LAUNDRY & CAR WASH SERVICES 9/12 - 9/26 - EVENT CENTER LINEN 280.26 11/14/2017 198620 MCKIMM MILK TRANSIT FREIGHT CREEKSIDE TO BFG SUPPLY 307.44 11/14/2017 198621 MCLEOD COUNTY COURT ADMINISTRATOR FTA - DISHONORED CHECKS: S LARSON 600.00 11/14/2017 198622 MCLEOD COUNTY RECORDER RESOLUTIONS 14744 & 14745 138.00 11/14/2017 198623 MCLEOD COUNTY SOLID WASTE MANAGEMEN BAG FILM DISPOSAL FROM BAGGING BUILDING 15.00 11/14/2017 198624 MEEKER WASHED SAND & GRAVEL SAND - CREEKSIDE INVENTORY 1,932.35 11/14/2017 198625 MENARDS HUTCHINSON VARIOUS R&M SUPPLIES 922.03 11/14/2017 198626 MES - MIDAM SCBA - SERVICE CALL & TESTS 943.00 11/14/2017 198627 MESSAGE MEDIA NOVEMBER MONTHLY ACCESS FEE 30.00 11/14/2017 198628 MIDWEST PLAYSCAPES INC. ROTARY VANDALISM - LIFE FITNESS EQUIP - 668.90 11/14/2017 198629 MINI BIFF 10/4-10/31'17 RENTAL 69.10 11/14/2017 198630 MINNEAPOLIS, CITY OF APS TRANSACTION FEES FOR SEPT 2017: SECU 62.10 11/14/2017 198631 MINNESOTA DEPT OF AGRICULTURE 2018 SPECIALTY FERTILIZER REGISTRATION R 100.00 11/14/2017 198632 MINNESOTA DEPT OF PUBLIC SAFETY APPLICATION FEE FOR RETAILERS CARD 20.00 11/14/2017 198633 MINNESOTA SHERIFFS' ASSOCIATION ADVANCED DATA PRACTICES: CINDY 480.00 11/14/2017 198634 MINNESOTA VALLEY TESTING LAB BOD, PHOSPH, NITROGEN, FECAL COLIFORM 2,367.70 11/14/2017 198635 MN DEPT OF NATURAL RESOURCES LICENSE #UWAT011130 - COVERING CERTAIN P 293.00 11/14/2017 198636 MN FALL MAINTENANCE EXPO FALL EXPO ATTENDEE 300.00 11/14/2017 198637 MORRISON COUNTY SHERIFF'S OFFICE CR161421 T TISDELL SUBPOENA 100.00 11/14/2017 198638 NELSON, KELLY REFUND DAMAGE DEPOSIT - EVENT CENTER 300.00 11/14/2017 198639 NERO ENGINEERING HARMONY LIFT STATION REHAB 2,174.20 11/14/2017 1198640 NEUBARTH, JULI REFUND NCV & DEC HANGAR RENT 1 80.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/25/2017 - 11/14/2017 Check Date Check Vendor Name Description Amount 11/14/2017 198641 NICOLLET COUNTY COURT ADMIN DAS & SPEED W/ GUILTY PLEA: C SILLIVENT 455.00 11/14/2017 198642 NORTHERN BUSINESS PRODUCTS VARIOUS OFFICE SUPPLIES 241.20 11/14/2017 198643 NORTHERN SAFETY & INDUSTRIAL FASTFIT GLOVES 142.77 11/14/2017 198644 NORTHERN STATES SUPPLY INC LADDER, LO -SIDE BOX 2,339.41 11/14/2017 198645 NORTHERN TIER TRANSPORTATION LLC FREIGHT CREEKSIDE TO BISMARCK, ND 950.00 11/14/2017 198646 NU -TELECOM November Phone Service 4,155.13 11/14/2017 198647 O'HARA, LISA REIMB FOR BOOTS - PD CHAPLAIN 111.99 11/14/2017 198648 O'REILLY AUTO PARTS VARIOUS AUTO R&M SUPPLIES 334.61 11/14/2017 198649 OBERG FENCE CO FENCING AND GATES FOR DOG PARK 30,170.00 11/14/2017 198650 OEM SERVICE CO, LLC MCCLOSKEY SCREENER: MAKE NEW CYLINDER MO 120.49 11/14/2017 198651 OENOPHILIA DECANTERS, PUMPS, CUPS, VINO GIZMOS, HIG 228.38 11/14/2017 198652 OFFICE DEPOT VARIOUS OFFICE SUPPLIES 237.47 11/14/2017 198653 OFFICE OF MN IT SERVICES SEPTEMBER CHARGES 599.97 11/14/2017 198654 OSSEO CONSTRUCTION CO, LLC L4P16-04: WATER TOWER #3 (FINAL) FOR PER 36,148.00 11/14/2017 198655 PAPER ROLL PRODUCTS PERFORATED ROLL W/ CUE MARK 164.85 11/14/2017 198656 PAULSON, DEB REIMB 8/7-10/5'17 290.52 11/14/2017 198657 PAUSTIS WINE COMPANY OCTOBER COST OF GOODS - LIQUOR 2,206.37 11/14/2017 198658 PEOPLEREADY INC TEMPORARY STAFFING - CREEKSIDE 3,258.60 11/14/2017 198659 PHILLIPS WINE & SPIRITS OCTOBER COST OF GOODS - LIQUOR 33,679.66 11/14/2017 198660 PIONEER MANUFACTURING CO QUIK STRIP ARCTIC WHITE 175.50 11/14/2017 198661 PIONEERLAND LIBRARY SYSTEM 4TH QTR FUNDING 2017 41,660.50 11/14/2017 198662 POSTMASTER SR NEWSLETTERS - DEC 98.00 11/14/2017 198663 POSTMASTER POSTAGE FOR UTILITY BILLS 1,600.00 11/14/2017 198664 PRECISION CONCRETE CUTTING 7 LG REPAIRS CITY CENTER; 6 LG REPAIRS L 1,144.00 11/14/2017 198665 PROFESSIONAL WATER TECHNOLOGIES INC SPECTRAGUARD ANTISCALANT 5,369.00 11/14/2017 198666 QUADE ELECTRIC MAX BALLAST 140.00 11/14/2017 198667 QUALITY FLOW SYSTEMS SERVICE CHECK: 12 OF 13 STATIONS (HARMON 1,800.00 11/14/2017 198668 QUILL CORP KLEENEX, BOUNTY, CENTER PULL TOWEL, LABE 242.25 11/14/2017 198669 R & R EXCAVATING 1_21317-02 #6 FOR 9/26-10/23'17 186,601.18 11/14/2017 198670 RADTKE, ALESHA REFUND DAMAGE DEPOSIT - EVENT CENTER 300.00 11/14/2017 198671 RANDY'S REPAIR SERVICE SEMI 805: INSTALL NEW WHEEL SEAL, INSTAL 400.79 11/14/2017 198672 RATH RACING INC HERTTRAILER: 3 LIGHT BRACKETS 210.00 11/14/2017 198673 REFLECTIVE APPAREL FACTORY INC PARKAS, SWEATSHIRTS - STREETS & WATER 468.33 11/14/2017 198674 REID, ANDY REIMB 9/27/17 FOR MILEAGE TO GFOA CONFERENCE 124.12 11/14/2017 198675 RIDGEWATER COLLEGE EMR REFRESHER 44 PLAN COURSE 9/28/17 1,326.00 11/14/2017 198676 ROSTI CONSTRUCTION COMPANY OF MN 1_61317-06 #2 FOR 9/25-10/23'17 175,914.97 11/14/2017 198677 RUNNING'S SUPPLY VARIOUS R&M SUPPLIES 733.40 11/14/2017 198678 SAM'S TIRE SERVICE GRINDER: SERVICE CALL, LABOR; O-RING; SE 230.38 11/14/2017 198679 SCARCELY LTD HRA DOWNTOWN RENTAL REHAB: G SCHAUST 250.00 11/14/2017 198680 SCHAUST, GEORGE HRA DOWNTOWN RENTAL REHAB: G SCHAUST 614.00 11/14/2017 198681 SCHIMMEL CONSTRUCTION LLC HRA DOWNTOWN RENTAL REHAB: G SCHAUST 15,451.00 11/14/2017 198682 SCOTT COUNTY SHERIFF'S OFFICE SUBPOENA CR161903 70.00 11/14/2017 198683 SEBORA, MARC REIMB 9/12-10/10'17 136.95 11/14/2017 198684 SEPPELT, MILES REIMB 9/12-9/22'17 61.16 11/14/2017 198685 SHAW, KAREN OCTOBER 2017 PILATES/YOGA INSTRUCTION 210.00 11/14/2017 198686 SHORT-ELLIOT-HENDRICKSONINC 2016ANTENNAPROJECTS 7,131.47 11/14/2017 198687 SOUTHERN WINE & SPIRITS OF MN OCTOBER COST OF GOODS - LIQUOR 24,470.25 11/14/2017 198688 SPECIAL OPERATIONS TRAINING ASSOC TYLER SCHMELING 2017 BASIC SWAT 5 DAY 795.00 11/14/2017 198689 SPRING LAKE ENGINEERING WW LIFT STATION CONTROLS: PROGRAMMING TH 9,720.00 11/14/2017 198690 ST. JOSEPH'S ATHLETICS 5TH GRADE VOLLEYBALL TOURNAMENT 10/28/17 85.00 11/14/2017 198691 STAPLES ADVANTAGE PAPER, TOWEL ROLLS, INK, TOILET PAPER 1,119.45 11/14/2017 198692 SUBWAY WEST EDA: 2 SANDWICH PLATTERS, 12 COOKIES 74.00 11/14/2017 198693 TAPCO FOR RADAR SIGNS ON SCHOOL RD: UNIVERSAL 375.12 11/14/2017 198694 TASC December 2017 Flex Adm. Fees 104.12 11/14/2017 198695 THOMSON REUTERS -WEST DISCOUNT PLAN CHARGES - LEGAL 1,358.84 11/14/2017 198696 TOWN & COUNTRY TIRE MOUNT & BALANCE 4 COOPER WEATHER MASTER 802.40 11/14/2017 198697 TRIMBO, DAVID WORK ON 10/17; 10/30; 10/31'17 945.00 11/14/2017 198698 TRIPLE G COMPANIES PREP/INSTALL CONCRETE PADS FOR DEHUMIDIF 4,430.00 11/14/2017 198699 TRUE BRANDS UNIVERSAL BEER RINGS SINGLE REEL 400.97 11/14/2017 198700 TWO WAY COMMUNICATIONS INC REPROGRAM TRUNKING RADIO 152.50 11/14/2017 1198701 UNITED FARMERS COOP FUEL 14,077.96 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/25/2017 - 11/14/2017 Check Date Check Vendor Name Description Amount 11/14/2017 198702 UNUM LIFE INSURANCE CO OF AMERICA November Life Insurance 2,181.39 11/14/2017 198703 US BANK EQUIPMENT FINANCE 10/20 - 11/20'17 CONTRACT ALLOWANCE 395.03 11/14/2017 198704 VERIZON WIRELESS SEPT24-OCT23'2017 3,252.89 11/14/2017 198705 VIKING BEER OCTOBER COST OF GOODS - LIQUOR 21,782.45 11/14/2017 198706 VIKING COCA COLA MISC BEVERAGES - LIQUOR STORE 729.94 11/14/2017 198707 VINOCOPIA INC OCTOBER COST OF GOODS - LIQUOR 985.75 11/14/2017 198708 VIVID IMAGE INSTALL & CONFIGURE LET'S ENCRYPT SSL CE 1,190.00 11/14/2017 198709 WACONIATREE FARMS 2" REDPOINTE MAPLE TREES 2,640.00 11/14/2017 198710 WASTE MANAGEMENT OF WI-MN REFUSE OCT 1ST-15TH 8,921.09 11/14/2017 198711 WASTE MANAGEMENT-SPRUCE RIDGE LANDF DUMPED GARBAGE FROM RANGE: THEY COUPED M 13.24 11/14/2017 198712 WATER CONSERVATION SERVICE INC LEAK LOCATE 10/9/17 @ 207 4TH AVE NE 617.58 11/14/2017 198713 WEST CENTRAL SANITATION INC. 1400 ADAMS - SEPTEMBER 385.12 11/14/2017 198714 WINE COMPANY, THE OCTOBER COST OF GOODS - LIQUOR 467.30 11/14/2017 198715 WINE MERCHANTS INC OCTOBER COST OF GOODS - LIQUOR 40.61 11/14/2017 198716 WM MUELLER & SONS - SEPARATE CK 111316-01 FINAL PAY REQUEST #10 83,773.71 11/14/2017 198717 WOLD ARCHITECTS & ENGINEERS MASTER FACILITIES PLANNING: REIMBURSABLE 120.38 11/14/2017 198718 WRIGHT COUNTY SHERIFFS OFFICE MILEAGE & SERVICE: CP201701692 B FIECKE 88.00 11/08/2017 1198719 DODGE OF BURNSVILLE 2017 DODGE GRAND CARAVAN - IT DEPT 21,282.00 Total - Check Disbursement 1,728,314.47 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 10/25/2017 - 11/14/2017 Check Date Check Vendor Name Description Amount 11/14/2017 198529 CROW RIVER GLASS LEXON WITH HOLES 102.47 Total - Check Disbursement 102.47 HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: Discussion on Proposals of the Preservation of Historical City Plats Department: Administration LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Communications, Requests Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: A few weeks back, staff was directed by Council to look at ways to preserve the historic city plats in the city council chambers. Attached is a proposal from the McLeod County Historical Society to preserve these plats. The cost to do it is minimal and that is not the reason behind the need for a discussion. The question that staff is raising with the Council is whether or not we want to donate the original plat maps to the Museum or retain them. Staff has received mixed messages on where the Council would like to go with this. If we donate them, we will receive a digital copy of the image for personal use. BOARD ACTION REQUESTED: No action sought. Just discussion. Fiscal Impact: $ 290.00 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: City of Hutchinson Plat daps: The McLeod County Historical Society and Museum would like to let the Council know that the two original town plat maps of Hutchinson, MN may be damaged by the following in their current location and display methods: • Ultra Violet rays from interior lights -this will overtime fade the printing on the paper and it will disappear. • Hanging Stress from gravity -hanging the maps on the wall adds stress to the fibers of the paper and over time the paper will tear at the stress points. • Acidic Exposure -Adhesives or other mounting/framing techniques can cause the paper to dry out and become brittle overtime due to the migration of acid from one item pressed against the maps. • Temperature and Humidity Fluctuation -Although I would have to take readings over a year at day and evening intervals to know if the maps could be suffering ill effects from this, paper is very susceptible to damage with the fluctuation of temperature and humidity. The more stable and constant the temperature and humidity can be kept throughout the year the aging process of the paper can be slowed. McLeod County Historical Society and Museum staff would recommend the following steps to ensure the prolonged life of the original Hutchinson Plat Maps: • Remove the Plat Maps from their current frames/mats, being tremendously careful and aware that any adhesive products that may have been used need to be removed using paper conservation methods. • High Resolution, (1200 to 2400 dpi) scans or photos of the Plat Maps should be taken and along with their history, provenance information, measurements and a detailed condition report should be taken to prevent handling and regulate their preservation plan in the future. • Create a custom Mylar enclosure that is at least two inches wider than the actual document and allows for air circulation and uses no adhesive, creates no holes or damage of any sort to the maps. (Rule of thumb, never do anything to a piece that cannot be undone.) • The Encapsulated Maps should then be placed in acid free boxes or custom made envelopes. I would recommend two metal edge acid free boxes, stored flat in a dry temperature and humidity controlled space. Currently when artifacts like the Plat Maps are donated to the Museum, the Museum will cover all supply and labor costs to do the above_ The Maps would then be stored in our archive that can be accessed by the public via our research library, or the images and history via our online website and in-house database. As a thank you to the donor, Museum staff will create a digital copy of the image for the donor's personal use. If the donor wishes to retain the original, the Museum will take a high resolution scan or photo of the artifact for our records and to share with the public. The Museum will do the preservation work for the donor at a cost for supplies and labor. The cost to preserve the two Hutchinson Plat maps would be: • Mylar with breathable enclosures on three sides -$50.00 • Two Acid Free Metal Edge boxes -$180.00 • Shipping -$20.00 • Labor to remove from the frame/matting and custom encapsulation -$40.00 Total Cost: $290.00 If you have any questions, please feel free to contact me via email or phone below: Lori Pickell-Stangel MCHS Executive Director 320-587-2109 asa@hLitchtel.net Recommendations and Guidelines for Preservation Damage Caused by Displays Acidic Storage: "Some of the deterioration that items in storage suffer is caused by the acids and other harmful substances in the containers, supports, and mounts that are used to protect them. These harmful substances migrate from storage materials into the items, causing such problems as discoloration, corrosion, and embrittlement. For example, discoloration caused by an acidic window mat can disfigure and hasten the deterioration of a drawing on paper that has been matted and framed." -Storage Containers, Supports, and Mounts. Conservation Office of MNHS Light Damage: "Any exposure to light, even for a brief time, is damaging, and the damage cannot be reversed. Although all wavelengths of light are harmful, ultraviolet (IJV) is particularly harmful. One of the most common sources of UV is the sun. Certain types of lamps, such as fluorescent tubes, also emit high amounts of UV energy and should be avoided. If they cannot be avoided, they can be filtered with relatively inexpensive plastic filtration films that reduce UV emissions." -80sic Preservation Considerations. How Much Light Is Too Much? Conservation Office of MNHS Proper Storage Boxes or Drawers: "Oversize materials, such as maps and large prints, are best stored flat in the drawers of map cases or in large covered boxes. Place the items in folders, and cut all the folders to fit the size of the drawer or box. Allow adequate room where oversize materials are stored to remove them safely from drawers or shelves, and make sure there is a place to put them down once they are removed." -paper: Oversize Items. Conversation {office of MNHS Acid -Free: "Folders, envelopes, tissue, and papers for interleaving sheets should be lignin -free and made of chemically stable fibers. The board for boxes should also be lignin -free and chemically purified. The board used for matting drawings and other sorts of items should be a 100 percent cotton or linen rag board or an otherwise lignin -free, chemically purified conservation mounting board. Tapes for making mats, folders, and boxes should be chemically stable, non -staining, and free of damaging components if possible. Such materials commonly are described as acid -free. It is important to be aware that not all paper based materials are acid -free. Standard museum preservation practice maintains, however, that only acid -free materials should be used." -Storage Containers, Supports, and Mounts: Paper -Based Storage Materials Should Be Acid - Free. Conservation Office of MNHS Substitutions "Substitution works especially well for paper items. While all materials are susceptible to the environmental and security hazards presented by display, paper is particularly vulnerable. Many items made of paper are easy to copy, and thanks to new technologies, the copies look similar to the original. Some examples follow: • High-quality laser color copiers produce excellent substitutes of documents, newspapers, book pages, and some art on paper. If the substitute is made on a sheet of paper that is similar in texture to the original, it is even more convincing. Check your telephone directory for a copy service in your area. • A substitute of a photograph can be made from the original negative, if it is available and in acceptable condition, or from a copy negative, if that is available. If not, it can be made from the original print. This latter alternative will give you a copy negative to keep for future use. Often a local photographer can do this. * Digital scanning technology also can be used to produce substitutes of documents, newspapers, book pages, photographs, and some art on paper. This technology allows the image to be manipulated in a variety of ways so that blemishes and evidence of physical damage can be lessened if this is deemed appropriate." -Display: Use of Substitutions. Conservation Office of MNHS HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: CITY COUNCIL AUTHORIZATION TO APPLY THE MINNESOTA INVESTMENT Department: EDA LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Staff is requesting City Council authorization to apply to the Minnesota Department of Employment & Economic Development for business assistance funding through the Minnesota Investment Fund (MIF) grant program on behalf of UPONOR. This funding would be used to encourage and assist UPONOR with establishing business operations in the City of Hutchinson, leading to significant job creation. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Approval of Attached resolution. Fiscal Impact: $ 0.00 Funding Source: N/A 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: RESOLUTION # 14803 AUTHORIZATION TO APPLY TO MINNESOTA INVESTMENT FUND BE IT RESOLVED that the City of Hutchinson act as the legal sponsor for the project contained in the Minnesota Investment Fund Application to be submitted on or about November 30, 2017 and that the City Administrator and the Economic Development Director are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of City of Hutchinson. BE IT FURTHER RESOLVED that the City of Hutchinson has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to administer the proposed project. BE IT FURTHER RESOLVED that the City of Hutchinson has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Hutchinson may enter into a Grant Contract with the State of Minnesota for the approved project, and that the City of Hutchinson certifies that it will comply with all applicable laws, statutes, regulations and rules as stated in the Grant Contract and described in the Project Compliance Certification of the Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Hutchinson has obtained credit reports and credit information on UPONOR. Upon review by the City of Hutchinson and its City Attorney, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that the City Administrator and the Economic Development Director, or their successors in office, are hereby authorized to execute the Grant Contract and amendments, thereto, as are necessary to implement the project on behalf of the City of Hutchinson. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Hutchinson on November 14, 2017. Mayor, Gary Forcier ATTEST: City Administrator, Matt Jaunich HUTCHINSON CITY COUNCIL c`=y-f 0, a_ � Request for Board Action 79 M-W Agenda Item: MnDNR License For Utility To Cross Public Waters Department: PW/Eng LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The City of Hutchinson is in the process of obtaining a license to install a water main underneath the South Fork of the Crow River south of the 2nd Ave SE bridge. The water main will be directionally drilled underneath the river which requires a 50 year license with the Department of Natural Resources (DNR) to own/operate a utility on DNR managed lands. This construction method is considered "low impact" and is a preferred method by the DNR for installation of a utility such as this. The City has submitted an application to install the water main under the river and it is currently being reviewed by DNR Lands and Minerals staff. That application will be attached, upon its approval, to the License being considered here. City staff will provide an overview of the water main project and will be available at the meeting to answer any questions. BOARD ACTION REQUESTED: Approve/Deny MN DNR "License For Utility To Cross Public Waters". Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: MDEPARTMENT OF i NATURAL RESOURCES November 1, 2017 John Paulson City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 RE: License # UWAT011130 Legal Description: Covering certain public water in McLeod County Dear Licensee: Enclosed is one copy of the above license for execution by your company. The application is not included in this mailing but will be made a part of the final license when completed. This liquids pipeline license is for a 50 year period commencing on November 1, 2017. Please comply with the following concerns: 1. Inspect and clean all equipment prior to bringing it to the project areas to prevent the introduction and spread of invasive species. Refer to the attached information sheet on equipment cleaning and Best Practices far Preventing the Spread of Aquatic Invasive Species and refer to Term 5. C. of the license. 2. Use effective erosion prevention and sediment control measures to protect land and waters of the state. Refer to Term 3 of the license. 3. Use only wildlife -friendly erosion control materials (non -plastic, non -welded, and not chicken wire). Refer to the attached information sheet on Wildlife friendly Erosion Control. 4. Re -vegetate disturbed soil with native species suitable to the local habitat immediately after construction completes. Refer to the attached standard State Seed Mixes and refer to Term 3 of the license. 5. Use only weed -free mulches, top soils, and seed mixes. Refer to Term 3.C. of the license. Minnesota Department of Natural Resources • South Region • Division of Lands and Minerals 21371 State Highway 15, New Ulm, MN 56073 License # UWAT011130 Page 2 Please have the license document signed by the proper officials of the company. Return the license to this office for execution by the State along with a check for $293.00 made payable to the department of Natural Resources. Payment is for the term of the license. Within two or three weeks, one executed license form complete with application and attachments will be sent to you for your files. If you have any questions, please contact me at 507-359-6072 or email me at karla.ihns@state.mn.us. Sincerely, "ia 'QT� Karla ihns Real Estate Technician cc: Army Corps of Engineers MINNESOTA DEPARTMENT OF NATURAL RESOURCES LICENSE NUMBER UWAT01 1130 COMPANY PROJECT NO: L2 P18-02 LICENSE FOR UTILITY TO CROSS PUBLIC WATERS This license is issued by the State of Minnesota, acting by and through its commissioner of natural resources, and hereafter called the "State", under authority and subject to Minnesota Statutes, section 84.415, and Minnesota Rules Chapter 6I35 and other applicable law, to the Licensee as named and for the fee and term as specified below. Name and Address of Licensee: City of Hutchinson 11 I Hassan Street SE Hutchinson, MN 55350 License Fee: Two Hundred and Ninety Three and NO/I00 Dollars ($293.00) Term (years): 50 Years Effective Date: November 1, 2017 Expiration Date: October 31, 2067 Purpose of License: Construction, maintenance and operation of a liquids pipeline under water under the covenants and agreements of the Licensee to use the following described waters: That part of the following descriptions as shown on the attached application and map, all of which are made a part hereof by reference. NE 1/4 NE 'A in Section 6, Township 116 North, Range 29 West, in McLeod County This license is granted subject to the following provisions: 1. Use of premises. A. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules Chapter 6135. All standards of Chapter 6135 are incorporated as terms and conditions of this license, except such variations as are identified and approved by the State in the license applications, plans and specifications which are attached and made part of the terms and conditions of this license. The Licensee is bound by the crossing location and installation method as detailed in the application and approved by the State. The Licensee shall not deviate from the terms and conditions of this license or the application as approved by the State unless it has first obtained written permission from the State. B. When the installation occurs more than six months after the issuance of the license, the Licensee shall contact the State 20 days prior to installation. C. No merchantable timber shall be cut, used, removed or destroyed without first paying the State the timber value in the sum stated above as determined by the State. Slash material on state water crossings must be disposed of within 30 days of clearing activities. D. For overhead crossings of state waters, lines shall have a minimum clearance of 25 feet above the water, unless otherwise approved by the State. E. When directed by the State as a condition of the license, flight diverters shall be placed on overhead utility lines. F. Any cable or conduit located at a shoreline shall be sufficiently buried so that it does not become exposed. G. When directed by the State as a condition of the license, underwater crossings shall be marked by permanent signs on the banks at the points where the line enters and leaves the public waters. H. To protect fish spawning activities, the State may prohibit work in the public water or within a specified distance of the public water during the spawning season. License Number UWAT011130 1 of 5 2. State's rights and reservations. The use of these waters by the Licensee in constructing or maintaining the lines for which this license is granted shall be subject to the use, sale, or leasing for mineral or other legal purposes. The Licensee will not cause any unnecessary hindrance to the activities of the State and shall allow access across the license area by the State when needed. Erosion and Revegetation. A. Erosion control measures shall be adequately designed for site characteristics. They shall be installed prior to commencement of construction and maintained for as long as needed. All erosion control measures installed next to a water body shall run parallel to the contours. B. All disturbed areas shall be restored to original contours and elevations and stabilized as soon as possible following construction. Areas of subsidence and crowing shall be repaired. Topsoil shall be reserved on site and used to re -dress disturbed areas. C. All disturbed areas shall be revegetated using state approved seed mixes. All seed and plant materials shall be certified weed -free. Weed -free straw or hay shall be used for mulching and erosion control. Native species plants should be used, whenever possible, to revegetate disturbed areas. This revegetation should occur as early in the season as possible to permit adequate regrowth. D. The Licensee shall monitor revegetation at state water crossings until the site is stabilized and the vegetation is self-sustaining. Where severe or repeated damage is occurring or where measures have not been successful, preventative and corrective actions shall be taken by the Licensee, including construction of appropriate barriers, installation of warning signs, and other methods in consultation with the State. E. The Licensee shall routinely inspect for erosion that may develop during the term of the license. Areas of erosion shall be stabilized by the Licensee. F. If a disturbed area cannot be stabilized with vegetation before September 15 in the year that the utility was installed, the Licensee shall submit a written site stabilization plan to the State for approval. This plan shall describe erosion control, mulching, dormant seeding and monitoring. Seeding shall occur as soon as soil conditions are suitable. G. Excavated materials shall not be deposited or stored alongside public water in a manner where the materials can be redeposited into the public water by reasonably expected high water or storm run-off. Herbicides and Pesticides. A. The Licensee must request and obtain written permission to apply herbicides or pesticides to state waters from the State prior to treatment. This request shall consist of (1) a map identifying proposed treatment areas and (2) a description of the proposed treatment plan, including target species, herbicide or pesticide name, rate of application, a description of application method, and beginning and end dates. All applications must be according to label regulations and as otherwise specified by the State. The Licensee shall not apply pesticides that are restricted for use on certified state forest land administered by the State. B. The Licensee must submit annual reports detailing herbicide or pesticide application on areas covered under the license. The report must include the dates, acres, location expressed as quarter -quarter section, township and range, herbicide or pesticide used, target species, and such other information as may be reasonably required by the State for the purpose of verifying herbicide or pesticide use. C. The Licensee shall post all places commonly used by the public for access along the utility corridors treated with herbicides or pesticides. Invasive Species. A. The Licensee shall inspect all state water crossings for the presence of invasive species and noxious weeds prior to commencing clearing activities and take action to prevent their spread. For installation of the utility line, the State will identify on a map the known infested sites to be avoided. For maintenance and operation, the Licensee is responsible for obtaining updated information on known infested sites. B. If the State or the Licensee discover additional invasive species infestation areas on state water crossings during construction, the Licensee shall immediately take action to prevent spread from the newly discovered infested area and then consult with the State on a resolution. License Number UWATOI 1130 2 of 5 C. The Licensee shall prevent invasive species from entering into or spreading within state water crossing by cleaning equipment and clothing prior to arriving at the license area. The Licensee shall legally dispose of material cleaned from equipment and clothing at a location offsite and the materials must be secured prior to transport to avoid dispersal. D. Whenever possible, parking, staging areas and travel routes shall not be within known infested sites. Where there are multiple state water crossings and at least one contains invasive species, the Licensee shall to the extent practicable start work at the site with the fewest number of invasive plants, leaving the most heavily infested sites to last. The Licensee shall make every effort to schedule operations and site visits to avoid the spread of weed seed. E. The Licensee shall continue to control invasive species on state water crossings for the terms of the license using methods approved by the State. 6. Crossing of State Trail, A. The location of any crossing of a state trail must be approved in advance by the State. The State may provide written instructions as to specific construction standards to be followed for the crossing of the state trail. B. Utility installation and maintenance activities shall be conducted in a manner so as to minimize disturbance of state trail use and to separate the public from work areas. The Licensee must provide signs to warn state trail users of construction hazards. C. The Licensee is responsible for repairing any damage to the state trail in a manner satisfactory to the State. D. For maintenance and operations, prior approval must be obtained from the State for the cutting or trimming of trees within the state trail right-of-way. E. The Licensee may not close the state trail right-of-way without the prior written approval of the State. Maintenance, operations and repairs. A. The Licensee must keep the premises in a neat and orderly condition, and shall remove all refuse and debris that may accumulate thereon. B. After initial installation, no merchantable timber shall be cut, used, removed or destroyed by the Licensee without first contacting the State at least 60 days in advance to determine if a timber payment is needed. Slash material on state water crossings must be disposed of within 30 days of maintenance activities. C. Emergency repairs and replacements may be made without prior notification to the State by the Licensee according to conditions and standards prescribed by Minnesota Rules, Chapter 6135 and the method of installation identified in this license. The Licensee shall notify the State of this activity as soon as practicable. D. The Licensee shall employ appropriate erosion and sedimentation measures at the site during any emergency repairs. The State must approve plans for restoration of the site after the emergency repairs are conducted. E. Other than the herbicide or pesticide application reporting as provided in paragraph 4, the Licensee shall notify the State of the extent and method of any routine maintenance and the proposed schedule. The notification must be in writing and must be provided either annually or at least 20 days prior to commencing any routine maintenance work on state water crossings subject to this license, The Licensee shall include a specific description of the proposed maintenance activities including location, clearing methods, erosion and sedimentation control measures, removal of merchantable timber, revegetation plans, and plans for preventing the spread of invasive species. The Licensee may commence any routine maintenance work unless notified to the contrary by the State within 20 days after the State's receipt of the maintenance plan. The State may require the Licensee to adjust its maintenance plans due to natural resource management concerns. State inspection. The project hereunder shall at all times during and after construction be subject to inspection by the State and for that purpose the Licensee shall grant access to the premises at all reasonable times. Compliance with laws. The Licensee shall comply with all federal, state and local laws and regulations, including municipal ordinances, affecting said lands or the area in which they are situated. License Number UWAT011130 3 of 5 10. Taxes and assessments. The Licensee will pay when due all taxes and assessments levied against said waters or any improvements owned, used, or controlled by the Licensee, provided that the taxes or assessments are imposed due to this license. 11. Enforcement. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of any of its rights. 12. Liability. This license is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its officers, agents, or employees, officially or personally, on account of the granting of the license or on account of any damage to any person or property resulting from any act or omission of the Licensee or any of its agents, employees, or contractors relating to any license matter. This license shall not be construed as estopping or limiting any legal claims or right of action of any person against the Licensee, its agents, employees, or contractors for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the State against the Licensee, its agents; employees, or contractors, for violation of or failure to comply with the provisions of the license or applicable provisions of law. The Licensee shall indemnify and hold harmless the State from all claims arising out of the Licensee's use of the above described lands whether such claims are asserted by civil action or otherwise. 13. Termination and cancellation. A. At the end of the license period and if both parties wish to renew, the renewal fee will be determined by the State. B. This license shall be cancelable upon reasonable notice by the State for violation of any of its terms, or if at any time its continuance will conflict with a public use of the land over or upon which it is granted, or for any other reason_ Licensee shall ensure that Licensee's employees, agents and contractors have received and thoroughly understand all conditions of this license. C. Unless otherwise authorized by the State, upon the surrender, expiration or cancellation of this license, the Licensee shall remove from the above described lands all the utility lines and related structures owned by it. If Licensee does not remove such lines or related structures, all such lines or structures remaining shall become the property of the State, to be used or disposed of as the State elects. If the State requires the Licensee to remove utility lines and related structures and Licensee fails to do so, the Licensee agrees to pay the State for the costs of removing and disposing of such lines or structures. 14. Assignment or transfer. The Licensee shall not without the State's prior written consent: a) assign, convey or otherwise transfer this license or any interest under it; b) sublet the license corridor or any part thereof, or c) permit the use or occupancy of the license corridor or any part thereof by anyone other than the Licensee. This license shall extend to, and bind the successors, heirs, legal representatives and assigns of the Licensee, if any. The State may require a party who has requested to sublet, use or occupy the license corridor to obtain a separate license from the State prior to occupying or using the license corridor. 15. Reports. The Licensee must submit reports on herbicide and pesticide use as provided in paragraph 4 and maintenance and repair work as provided in paragraph 7. 16. Contacts. The contact for the State is the Regional Lands and Minerals Operations Supervisor, who is Cheryl Kelley -Dobie at 218-308-2627. Any questions about this license shall be directed to the Regional Lands and Minerals Operations Supervisor. The Regional Lands and Minerals Operations Supervisor may direct the Licensee to contact additional State staff for reviews and approvals. License Number UWAT01 1130 4 of 5 17. Special provisions. This license is subject to the SPECIAL PROVISIONS attached hereto (if none, state none). None. ACCEPTED AND ACKNOWLEDGED CITY OF HUTCHINSON Licensee(s) By Gary Forcier Title Mayor By Matthew Jaunich Title _ City Administrator Date 11/14/2017 Form approved by Lands and Minerals Division, DNR. March 5- 2015. STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES By Date Regional Lands and Minerals Operations Supervisor License Number UWATOI 1130 5 of 5 HUTCHINSON CITY COUNCIL c`=y-f 0, a_ � Request for Board Action 79 M-W Agenda Item: Approve/Deny Directing Staff to Develop a Plan for Gateway Park Department: Administration LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: At our last meeting Council Member Cook brought up the idea of developing a plan for Gateway Park. Following a short discussion, the City Council asked for an item to be placed on this agenda for discussion/action on developing that plan. I've attached a drawing from our Imagine Hutchinson plan showing this initial concept back in 2013. Staff will be looking for direction on this item Tuesday night. A couple of things to keep in mind as you consider this item: -- The current site proposed for Gateway Park is located within a floodplain. Staff looked at this during our wayfinding study and it was determined that because of the floodplain issue the construction of a structure at the site would be extremely difficult with the likely need to "build up" the site. -- If the City implements a multi-use trail along the west side of the TH 15 bridge (study currently being completed), then ideally there would be extensive bike parking at this location with destination info/kiosk. Also, the northerly limits of the 2020 reconstruction project will be adjacent to this site, but shouldn't significantly impact it. -- Depending on what we are looking at in regards to a budget and a time line, if it's over $10,000, we should look to include it in our Capital Improvement Plan. -- In 2015 we did a Levee Area Walkway study in this same area. Are we looking to have this be a completely separate project from that one, or do we want to incorporate that project into this one as well? BOARD ACTION REQUESTED: Approve/Deny Directing Staff to Develop a Plan for Gateway Park Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: ra anauny uvn 1-1119 water Potential housing above Permeable paving for parking �& - = #2. Townhomes or Mixed -Use Walk-up townhomes Parking under unit with alley access Provide views of Crow River K_ #3. Gateway Park Public restrooms fi Wayfinding and signage for downtown Mural and garden areas { � f= rT� r c 4 =� fill.. N �z i+ I dear Franklin Street Figure 5.11: Potential housing and mixed use .................................................................................................................................................................................... HUTCHINSON DOWNTOWN VISION AND ACTION PLAN 75 HUTCHINSON CITY COUNCIL c`=y-f 0' a_ � Request for Board Action 79 M-W Agenda Item: Calling a Special Workshop Meeting for 4:00 pm on November 28 Department: Administration LICENSE SECTION Meeting Date: 11/14/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: In early October, the City Council was approached about putting up a digital sign in Library Square. As a follow up to that request, the Council asked that a workshop be held to discuss the merits of the sign and the possibility of amending our sign ordinance to allow for the sign. Along with discussion on the Library Square sign, Council Member Cook has asked if we could talk about an extra contribution to the Center for the Arts at this workshop as well.. So the workshop will be two-fold. One is to discuss the library square sign and the other is to discuss an extra contribution to the Center for the Arts. BOARD ACTION REQUESTED: Approval of calling a special workshop meeting for 4:00 p.m. on November 28 Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Library Board Meeting Minutes September 25, 2017 Present: Steve Bailey, Carolyn Ulrich, Julie Lofdahl, Kristine Leuze, Jack Sandberg, Gerry Grinde, Mary Christensen, Katy Hiltner, Ex -Officio Motion by Carolyn, seconded by Gerry to approve minutes from the August 27, 2017 meeting. Minutes approved as written. Presentations - Summer Reading Wrap -Up & Upcoming Fall Programs: Sherry Lund, Children's Librarian reported that 486 kids signed up for the program. This is about the same number as last year; 282 finished which is 30 more than before. Kids who were 12 -years -old could pick which program to be in, children or teen. There were 10 Stories in the Park which had 1,657 kids attend. The ZooMobile was partnered with 4H and had 548 kids attend. Daycares brought buses with kids. This program is usually capped at 300 kids, but Sherry did not know this. The ZooMobile presenter said it went fine and they would come again with that many kids because of the help of the staff. The Lego Guy also came as a featured summer program. A total of 193 kids came to the two Lego programs. The Schiffelly Puppets performed at the State Theatre this year. It was standing room only with 319 people attending. Next month will start the fall programming. Sherry would like to do a family program once a month. Some programs include the author of Nettie's Garden Heather Rae Weseman to visit, an origami program, and painted rocks. Rachelle Golde, Teen Services Library, gave an update on the teen program. A total of 63 teens signed up and 32 logs were returned in. See Rachelle's written report for the rest of the update. Old Business: 1. Friends of Library Annual Book Sale: Sale was very good despite rain. Thanks to all the volunteers who helped make the sale a success. Katy should have figures for us at a future meeting (official totals will be announced in the Friends' newsletter). 2. Program Reminder: Little Golden Books, Tuesday, Sept. 26 at 6:30 p.m. 3. Review: Library Goals - We edited the Board Information Flyer. See attached copy. We did not get to goals. Board members to think about goals and will discuss next meeting. New Business: 1. Senior Expo, Tuesday, Sept. 26th at Hutchinson Event Center. Katy and Jackee to have a booth at the event. 2. Upcoming Legacy Programs: • Mark Mitten, Thursday, Nov. 9th at 6:30 p.m. Sipping Whiskey in a Shallow Grave and Hard to Quit. Books are westerns. He will also present a program for writers on Wednesday, Nov. 1St as part of NalloWriMo activities at the Winsted Library. • Mary Krugerud, Sunday, Jan. 14th at 2 p.m. at the McLeod County Historical Society. Author of Interrupted Lives: The History of Tuberculosis in Minnesota and Glen Lake Sanatorium. • Katy would like to set up an adult program each month. Reorganizing Archive Room: To free up space, 30 bound newspapers were donated to the McLeod County Historical Society. These were volumes that the museum did not have. There are still earlier editions that need to find a new home. 4. Library Buzz — What Have You Been Reading/Watching? We ran out of time for our discussion, but Carolyn emailed her list. We can talk about more next time. In Farleigh Field, Evan's Gate, Her Royal Spyness - all written by Rhys Bowen Stealing the Countess by David Housewright (really good) Tony Hillerman's Landscape by Anne Hillerman and Don Strel The Cottingley Secret by Hazel Gaynor Y is for Yesterday by Sue Grafton Song of the Lion by Anne Hillerman A Talent for Murder by Andrew Wilson Meeting adjourned at 5:34 pm Next meeting: Oct. 23, 2017 at 4:30 p.m. August 2017 Donations Patron Donation $20.00 Celia Smykalski (QuiltMaker magazine subscription) $27.97 Total $47.97 Meeting Notes- Teen Services September 20, 2017 and September 25, 2017 1. Teen Summer Reading Program: a. 63 teens signed up b. 32 Logs were turned in c. Teens liked the prizes! i. The four $25 gift cards were purchased using a SAMMIE Summer Reading Grant for $100 ii. iPad-donated (anonymously) iii. Buffalo Wild Wings coupons- donated d. Based upon the number of reading logs turned in: estimated 192 books read e. We offered 3 maker programs- one each month through the summer i. Mini Garden Designs- 6 teens attended ii. Book Bag Designs- 6 teens attended iii. Rock Your Locker- 4 teens attended f. We did 3 Art Journaling sessions- one per month i. Average of 5 teens in attendance g. Bookmark Contest: i. 5 entries ii. 82 public votes 2. Teen Fall Programs: a. Harry Potter Party— held Tuesday, September 19, 2017 i. Huge success! b. October schedule: i. Tuesday, October 3, 2017- Teen Advisory Board Meeting —there will be pizza! 1. Working on finding away to get the pizza donated ii. Week of October 8: TEEN READ WEEK 1. Display and put out bookmarks for the public- Bookmark contest winner's bookmark 2. Oct. 10: M.G. Nelson Author Visit a. SAMMIE Teen Read Grant for $100 to help cover the authorfees 3. Passive Program: Bookface photo contest c. November Schedule i. Tuesday, Nov. 211- Teen Advisory Board Meeting ii. Tuesday, Nov. 14th- Silent Reading Party 3. Contact me through email - a. Please give people my email address if they have questions, comments, concerns, ideas, etc. I check my work email at home and can usually get back to people faster through email. Email is listed on all the teen activity flyers and on the Hutchinson Public Library Website Teen page. 4. Thanks for all your help throughout the summer! Teen Sum mer Reading Program 2017STATS Date Name of Program and/or Performer Signed up Total Attendance 6/6/2017 Mini Garden Designs 5 6 7/11/2017 Book Bag Designs 8 6 8/8/2017 Rock Your Locker 2 4 6/20/2017 Art JournalingJune n/a 7 7/18/2017 Art JournalingJuly n/a 4 8/15/2017 Art Jou rnal i ng August n/a 0 Totals Teens Signed Up 63 Logs Turned In 32 Participants in Prize Drawing#1: $25 Starbucks card 19 Participants in Prize Drawing #2: $25 iTunes card 48 Participants in Prize Drawing#3: $25 Applebee's card 67 Participants in Prize Drawing #4: $25 Google Play card 34 Total prize drawing entries 168 Participants in Grand Prize Drawing: iPad 32 Estimated # of books read based upon the number of logs turned in 192