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062414CompleteAgenda CITY OF RICHFIELD, MINNESOTA TUESDAY, JUNE 24, 2014 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:15 P.M. AGENDA Call to order 1. Discussion regarding branding (Council Memo No. 62) Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Adjournment ********************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Pledge of Allegiance Approval of the minutes of the (1) Special City Council Meeting of June 10, 2014 and (2) Regular City Council Meeting of June 10, 2014 PRESENTATION 1. Consideration of a resolution authorizing the acceptance of a grant from CenterPoint Energy to the Richfield Fire Department for the purchase of carbon monoxide detectors and a carbon monoxide oximeter Staff Report No. 109 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ COUNCIL DISCUSSION 2. Council discussion  Hats Off to Hometown Hits Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ AGENDA APPROVAL 3. Council approval of the agenda Consent Calendar contains several separate items, which are acted upon by the 4. City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of the approval of an annual request for a temporary on-sale intoxicating liquor license for the activities scheduled on July 4, 2014 for the Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue S.R. No. 110 B. Consideration of the approval of an annual request for a community celebration event license and a temporary on-sale intoxicating liquor license, with a fee waiver, for the Fourth of July Committee for the annual events scheduled at Veterans Memorial Park on July 1-5, 2014 S.R. No. 111 C. Consideration of approval of a resolution authorizing the lawful gambling premises permit application for the Fred Babcock VFW Post #5555 to conduct lawful gambling at the Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue S.R. No. 112 D. Consideration of the approval of a resolution authorizing the execution of an amended Joint Cooperation Agreement between the City of Richfield and Hennepin County for the participation in the Urban Hennepin County Community Development Block Grant program for fiscal years 2015-2017 S.R. No. 113 E. Consideration of the approval of an amendment to the commercial lease with the Minnesota Department of Transportation and amendment to the license agreement with the Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard S.R. No. 114 F. Consideration of the approval of setting a public hearing on July 22, 2014 regarding the issuance of new on-sale intoxicating and Sunday liquor licenses with the optional 2 a.m. closing for Last Call Operating Co II, Inc., d/b/a Champps Americana, 790 th 66 Street West S.R. No. 115 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 5. Consideration of item(s), if any, removed from Consent Calendar Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ CITY MANAGER’S REPORT 6. City Manager’s Report Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 7. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 8. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager June 19, 2014 Council Memorandum No. 62 The Honorable Mayor � and Members of the City Council Subject: Discussion Regarding Branding (Worksession Agenda Item No. 1) Council Members: The Richfield Tourism Promotion Board, the Richfield Chamber of Commerce and the City of Richfield have jointly embarked on an effort to review and update the "Brand" of the City of Richfield. The Richfield Tourism Promotion Board (RTPB) engaged the NemerFieger advertising firm to complete the first phase of the branding pro�ect. NemerFieger has done similar corporate branding work in the past. The cost of the first phase was paid for by the RTPB. The first phase of the branding exercise is now complete and before embarking on the next phase of the project, Tom Whelen, NemerFieger, will present a summary of work done in Phase I. Mr. Whelen will cover the following: • How we came to look at Branding and Identity for Visit Richfield, Richfield Chamber and the City of Richfield • Collecting impressions of Richfield o First from the Visit Richfield group and special guests o Subsequently from two focus groups ■ Business community (people who work at or own Richfield businesses) ■ Residents • Developing a Logo/Identity o What happened/didn't happen in Austin o A look at other city logos/marks o Color palettes from which we might work o Sample taglines that can give us indicators for what form the logo might take • Next steps Mr. n hopes to make this an interactive discussion. r'�e p�c ubmitt , % ;> , ,r �� ' � �, ;� � r f � te . De ic i y anager SLD:sId Email: Department Directors Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting � � � � Advisory Board/Commission ' Applicant Interviews June 10, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:15 p.m. in the Babcock Room. MEMBERS PRESENT: Debbie Goettel, Mayor; Suzanne Sandahl; Edwina Garcia; Pat Elliott; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted interviews of the following applicants for appointment to a City , Advisory Board and Commission: Celestin Radison Frank Juskulke Robert Hall Linda Vigen Dan Edgerton Alison Groebner Andy Kahn ADJOURNMENT The meeting was adjourned by unanimous consent at 7:05 p.m. Date Approved: June 24, 2014. Debbie Goettel Mayor Cheryl Krumholz Pam Dmytrenko Executive Coordinator Acting City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota �'' � ' � � Regular Meeting June 10, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:06 p.m. Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom Fitzhenry. Staff Present: Pam Dmytrenko, Acting City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Jay Henthorne, Acting Public Safety Director; Chris Regis, Finance Manager; Jeff Pearson, Transportation Engineer; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Susan Myers, 6226 Fourth Avenue, representing Richfield Open Space, spoke in opposition to the proposed band shell location in Veterans Memorial Park and encouraged the City to work with the Lyndale Garden Center developer to have a band shell at their location. She requested the City Council reconsider the use of public funds and donations and schedule a date for a public discussion and vote. Kathy Kline, 6312 Portland Avenue, agreed with the comments of Ms. Myers and requested the City Council remember their role and civil discourse as representatives of the citizens. Carol Propotnik, 6400-11t"Avenue, spoke in opposition to the proposed band shell location in Veterans Memorial Park and asked the City Council to keep the green space because it is an important resource. Jeff Wright, 136 East 70th Street, agreed with the comments of the previous speakers and stated it does not make economic sense to have a band shell in Veterans Memorial Park since there is already a band shell being proposed at the Lyndale Garden Center redevelopment site. Jim Grupe, 7609 Second Avenue, spoke in opposition to the band shell in Veterans Memorial Park because it could detract from the Honoring All Veterans Memorial and agreed with the location at the Lyndale Garden Center redevelopment site. He stated the funds could be used to improve overall park maintenance. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- June 10,2014 APPROVAL OF MINUTES M/Garcia, S/Elliott to approve the minutes of the Reqular Citv Council Meetinq of May 27, 2014. Motion carried 5-0. Item #1 PRESENTATION OF THE GENE AND MARY JACOBSEN OUTSTANDING CITIZEN OF THE YEAR AWARD TO SUSIE LUTTENEGGER (COUNCIL MEMO NO. 58) Kim Jacobsen, son of Gene and Mary Jacobsen, presented the award. Item #2 PRESENTATION ANNUAL MEETING WITH THE HUMAN RIGHTS COMMISSION Sean Hayford OLeary, Chair, and Deborah Eng, Vice Chair, presented the annual report. Item #3 COUNCIL DISCUSSION • City Council Meeting schedule ✓ Cancel or reschedule the August 12, 2014 Regular City Council Meeting due to the Primary Election ✓ Schedule a Special City Council Meeting to discuss the 2014 Revised/2015 Proposed Budget • Hats Off to Hometown Hits Mayor Goettel recognized the appointment of Jay Henthorne as Acting Public Safety Director/Acting Police Chief. The City Council canceled the August 12, 2014 Regular City Council Meeting; scheduled the Special Council Meeting to discuss the budget on Wednesday, September 3, 2014 at 6 p:m.; and scheduled a Special Concurrent City Council and Transportation Commission Worksession on Wednesday, July 9, 2014 at 7 p.m. to discuss the proposed 66th Street project. Item #4 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Elliott to approve the aqenda. Motion carried 5-0. Item #5 CONSENT CALENDAR A. Consideration of the approval of a resolution authorizing the acceptance of a $200 grant from O'Reilly Auto Parts to the Richfield Fire Department S.R. No. 100 Council Meeting Minutes -3- June 10,2014 RESOLUTION NO. 10939 RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT RECEIVED BY THE CITY OF RICHFIELD FIRE DEPARTMENT FROM O'REILLY AUTO PARTS This resolution appears as Resolution No. 10939. B. Consideration of the approval of a resolution authorizing the acceptance of a $5,774 grant from the U.S. Department of Agriculture to the Richfield Recreation Services Department to administer the funds in accordance with the grant agreement to operate the Supplemental Nutrition Assistance Program at the Richfield Farmers Market S.R. No. 101 RESOLUTION NO. 10940 RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM THE U.S. DEPARTMENT OF AGRICULTURE IN THE AMOUNT OF $5,774, AND AUTHORIZING RECREATION SERVICES STAFF TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENT AND TERMS PRESCRIBED BY DONORS, TO OPERATE THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AT THE RICHFIELD FARMERS MARKET This resolution appears as Resolution No. 10940. C. Consideration of the approval of resolutions establishing an absentee ballot counting board, authorizing the use of the ES&S Central Counter Model DS850 for the tabulation of all absentee ballots, and appointing election judges for the August 12, 2014 Frimary Election and the November 4, 2014 General Election S.R. No. 102 RESOLUTION NO. 10941 RESOLUTION ESTABLISHING AN ABSENTEE BALLOT COUNTING BOARD FOR THE STATE PRIMARY AND GENERAL ELECTIONS This resolution appears as Resolution No. 10941. RESOLUTION NO. 10942 RESOLUTION APPROVING ABSENTEE BALLOT COUNTING EQUIPMENT, ES&S CENTRAL COUNTER MODEL DS850 TO BE USED AT THE STATE PRIMARY AND STATE GENERAL ELECTIONS This resolution appears as Resolution No. 10942. RESOLUTION NO. 10943 RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF AUGUST 12, 2014 AND THE GENERAL ELECTION OF NOVEMBER 4, 2014 This resolution appears as Resolution No. 10943. D. Consideration of the approval of a lease agreement with Verizon Wireless to construct a monopole antenna tower on City property at the Central Maintenance Facility S.R. No. 103 E. Consideration of the approval of Change Order No. 1 in the amount of$103,265.64 to Northwest Asphalt, Inc. for the North Richfield Parkway Project S.R. No. 104 Council Meeting.Minutes -4- June 10,2014 M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #7 CONSIDERATION OF THE: • ACCEPTANCE OF THE BID MINUTES/TABULATION AND AWARD OF CONTRACT TO BELAIR BUILDERS, INC. IN THE AMOUNT OF $915,947 FOR THE TAFT LAKE/LEGION LAKE WATERSHED QUALITY IMPROVEMENT PROJECT; • AUTHORIZATION FOR THE CITY MANAGER TO APPROVE CONTRACT CHANGES UP TO $100,000 WITHOUT FURTHER CITY COUNCIL AUTHORIZATION; AND • APPROVAL OF CHANGE ORDER NO. 1 IN THE AMOUNT OF $115,220 TO ELIMINATE THE IRRIGATION SYSTEM NEAR LEGION LAKE TO REDUCE THE TOTAL CONTRACT AMOUNT TO $800,727 S.R. NO. 105 Council Member Fitzhenry presented Staff Report No. 105. M/Fitzhenry, S/Sandahl to approve acceptance of the bid minutes/tabulation and award of contract to Belair Builders Inc in the amount of$915 947 for the Taft Lake/Leqion Lake Watershed Qualitv Improvement Proiect� authorize the Citv Manaqer to approve contract chanqes up to $100 000 without further Citv Council authorization� and approve Chanqe Order No. 1 in the amount of$115 220 to eliminate the irriqation svstem near Leaion Lake to reduce the total contract amount ta$800,727. Motion carried 5-0. Item #8 CONSIDERATION OF THE KIMLEY-HORN AND ASSOCIATES, INC. WORK PROPOSAL FOR THE FINAL DESIGN AND COORDINATION SERVICES FOR THE PORTLAND AVENUE RECONSTRUCTION PROJECT BETWEEN 67T" AND 77T" STREET AT A COST NOT TO EXCEED $383,950 S.R. NO. 106 Council Member Garcia presented Staff Report No. 106. M/Garcia, S/Sandahl to approve the Kimlev-Horn and Associates, Inc. work proposal for the final desiqn and coordination services for the Portland Avenue Reconstruction pro�ect between 67 and 77 Street at a cosf not to exceed $383,950. Motion carried 5-0. Item #9 CONSIDERATION OF THE FORMATION OF AN ADVISORY WORKGROUP, AS RECOMMENDED BY THE COMMUNITY SERVICES COMMISSION, TO ASSIST IN THE CREATION OF VISUAL QUALITY GUIDELINES FOR USE IN THE DESIGN OF THE COUNTY ROAD RECONSTRUCTION PROJECTS S.R. NO. 107 Council Meeting Minutes -5- June 10,2014 Council Member Elliott presented Staff Report No. 107. M/Elliott; S/Fitzhenry to approve the formation of an advisorv workqroup, as recommended bv the Communitv Services Commission to assist in the creation of Visual Qualitv Guidelines for use in the desiqn of the Countv Road Reconstruction Proiects. Transportation Engineer Pearson provided an update on the projects. Council Member Elliott stated the reconstruction of 66th Street should also address regional traffic patterns, including Crosstown 62. Motion carried 5-0. Item #10 CONSIDERATION OF AN APPOINTMENT TO THE PLANNING COMMISSION S.R. NO. 108 Council Member Sandahl presented Staff Report No. 108. M/Sandahl, S/Goettel to appoint the followinq persons to the City Advisorv Commissions` PLANNING COMMISSION Name Term Expires Alison Groebner January 31,2015 COMMUNITY SERVICES COMMISSION Name Term Expires Celestin Radison January 31, 2016 ARTS COMMISSION Name Term Expires Linda Vigen January 31, 2017 Motion carried 5-0. Item #11 CITY MANAGER'S REPORT None. Item #12 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the followinq claims and pavrolls be approved: U.S. Bank 06/10/14 A/P Checks: 231643-232035 $ 1,297,397.85 Payroll: 101765-102119 $ 572,162.41 TOTAL $ 1,869,560.26 Motion carried 5-0. Council Meeting Minutes -6- June 10,2014 OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:14 p.m. Date Approved: June 24, 2014 Debbie Goettel Mayor Cheryl Krumholz Pam Dmytrenko Executive Coordinator Acting City Manager �GENI'iA SECTION: PRESENTATION �.GENDA ITEM# 1 REPORT# 109 STAFF REPORT �,�r � !`� CITY COUNCIL MEETING �I�ul JuNE 24, 2014 REPORT PREPARED BY: WAYNE KEWITSCH,FIRE CHIEF Natit TzTLE DEPARTMENT DIRECTOR REVIEW: � . I 7T1RE OTHER DEPARTMENT REVIEW: � N/ - � ,SlGNATU ' REVIEWED BY CITY MANAGER: � %� =f , ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing acceptance of a grant received by the Richfield Fire Department from Centerpoint Energy and to authorize deposit of the grant in the General Fund to be utilized by the Fire Department for the purchase of carbon monoxide detectors and a carbon monoxide oximeter. I. RECOIVIlvIENDED ACTION: By Motion: Approve resolution authorizing acceptance of a grant to the Fire Department from Centerpoint Energy and deposit funds in the General Fund to be utilized by the Fire Department for the purchase of carbon monoxide detectors and a carbon monoxide oximeter . II. EXECUTIVE SUMMARY Centerpoint Energy has developed the Centerpoint Energy Community Partnership Grant program which helps fund the public safety needs of communities in their service area. The Fire Department applied for and was awarded a $2,500.00 grant to help fund the purchase of carbon monoxide detectors and a carbon monoxide oximeter. Frequently, patients present with signs and symptoms of the flu but in reality are suffering from carbon monoxide poisoning. While the Fire Department carries advanced gas detection equipment, these carbon monoxide detectors will be used on every EMS call. This combination of equipment will help firefighters deliver � a more robust response to this type of call. Donations received by the City require acceptance via a resolu#ion acted upon by the City Council. III. BASIS OF RECOMMENDATION A. BACKGROUND • Centerpoint Energy will be making a donation of $2500.00 to the Richfield Fire Department at the June 24, 2014 city council meeting. • The grant funds were made with the stipulation to purchase carbon monoxide detectors and a carbon monoxide oximeter. B. PoLicY • City policy requires that all grants to the City to be accepted by a Council resolution. • Minnesota Statute §465.03 requires that the resolution receive at least a two-thirds majority. C. CRITICAL TIMING ISSUES • None D. FINANCIAL • Grant funds are restricted and will be used by the Fire Department to purchase carbon monoxide detectors and a carbon monoxide oximeter. • The grant also stipulates that the funds cannot cover more than 50% of a funded project. The Fire Department estimates that the total cost of the equipment purchased will be $5,700.00 requiring a match of $3,200.00. . The Fire Department budget will accommodate an expenditure of the $3,200.00 in matching funds. • The funds will be deposited in the General Fund for use by the Fire Department. E. LEGAL . Minnesota Statute § 465.03 requires that every acceptance of a grant or dsvise of real or personal property by Council resolution passed by at least a two-thirds majority. F. ENVIRONMENTAL CONSIDERATIONS . None IV. ALTERNATIVE RECOMMENDATION�S� • None V. ATTACHMENTS • Council Resolution VI. PRINCTPAL PARTIES EXPECTED AT MEETING • A representative(s) from Centerpoint Energy to present a check to the City. RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT RECEIVED BY THE CITY OF RICHFIELD FIRE DEPARTMENT FROM CENTERPOINT ENERGY WHEREAS, the City of Richfield received a check from Centerpoint Energy in the amount of$2,500.00 designated to the Richfield Fire Department; and, WHEREAS, Centerpoint Energy has a charitable donation program in which funds are donated to a community as part of the Centerpoint Energy Community Partnership Grant program; and, WHEREAS, the terms of the grant require that the grant not cover more than fifty percent of an awarded project; and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the purchase of carbon monoxide detectors and a carbon monoxide oximeter for the Richfield Fire Department. ; and NOW, THEREFORE, BE IT RESOLVED that the City will accept the donation of $2,500.00 from Centerpoint Energy to be placed in the General fund account and used to purchase equipment for the Richfield Fire Department. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of June, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk \GENDA SECTION: CONSENT �GENDA ITEM# 4A ZEPORT# 110 STAFF REPORT ,,i � � � ' CITY COUNCIL MEETING JUNE 24, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER •,T!' E DEPARTMENT DIRECTOR REVIEW: � ' S AfUttr: OTHER DEPARTMENT REVIEW: � N/ � ;;`l SIGNATU .s' i /.� REVIEWED BY CITY MANAGER: �� r � ITEM FOR COUNCIL CONSIDERATION: Consideration of an annual request for a temporary on-sale intoxicating liquor license for the activities scheduled to take place July 4, 2014, for the Minneapolis-Richfield American Legion Post #435, located at 6501 Portland Avenue South. I. RECOMMENDED ACTION: By Motion: Approve a temporary on-sale intoxicating liquor license for the Minneapolis-Richfield American Legion Post #435, located at 6501 Portland Avenue South for the activities scheduled to take place on July 4, 2014. II. EXECUTIVE SUMMARY On May 29, 2014, the City received an application for temporary on-sale intoxicating liquor license for the Minneapolis-Richfield American Legion Post #435. Their plans are to have an open house with a live band located outside on their property. This request is an annual request and is in conjunction with the Richfield Fourth of July Celebration. All required information and documents have been provided. All licensing fees have been received. 062414 Legion 4th of July PH IIL BASIS OF RECOMMENDATION A. BACKGROUND On May 29, 2014, the Minneapolis-Richfield American Legion Post #435 submitted their request for a temporary license to serve on-sale intoxicating liquor for the Fourth of July activities. This request is in conjunction with the Richfield Fourth of July Celebration and is being organized by the Fourth of July Committee. The American Legion plans to have an open house with a live band located outside on their property and would like to serve refreshments, including alcohol. This year the Legion is requesting a temporary on-sale intoxicating liquor license, opposed to the 3.2 percent malt liquor license they have requested in years prior. The applicant has satisfied the following requirements for issuance of these licenses: • The required licensing fee has been paid. • Proof of liquor liability insurance has been submitted showing Integrity Mutual Insurance Company affording the coverage. • The applicant has contacted the sanitarians from the City of Bloomington to ensure proper food handling practices are followed. • Private security has been hired by the American Legion to patrol the area for this event. B. PoLICY • Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A. C. C�TICaL TIMnvG IssuEs • The sale of intoxicating liquor must cease no later than midnight. . The applicant must adhere to the traffic and parking conditions set by the Public Safety Department. D. FINANCIAL • The required licensing fees have been received. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS . N/A IV. ALTERNATIVE RECOMMENDATION�S� • The Council couid decide to deny the requested license, which would mean the applicant would not be able to serve alcohol outside to the public during the Fourth of July festivities. V. ATTACHMENTS • Summary of traffic and parking conditions set by the Public Safety Department. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • John Wortman, Legion Manager, has been notified of the date for Council consideration of this request. SUMMARY OF TRAFFIC AND PARKING CONDITIONS FOR MINNEAPOLIS RICHF(ELD AMERICAN LEGION POST 435 4T" OF JULY EVENT Richfield Public Safety staff has spoken with management from the American Legion to address some specific Public Safety issues and concerns. As a condition of the approval of their license it was decided Portland Avenue will be closed from 8:00 p.m. to 12:00 a.m. In addition, 66t" Street will also shut down between the hours of 11:00 a.m. to 11:30 p.m. No through traffic will be allowed on 66th Street and Portland Avenue and all traffic will be routed away from the event. American Legion patrons will be allowed to enter the Legion parking lot until approximately 8:00 p.m. when Portland Avenue closes. Patrons will not be allowed to leave the Legion parking !ot after 8:00 p.m. All patrons parked in the lot at 8:00 p.m. will be required to remain in the lot until 11:15 p.m. when all pedestrian traffic is clear on Portland Avenue. ONLY cabs and limos that are contracted with the Legion to provide sober cab services will be allowed to access the site from Portland Avenue after 8:00 p.m. These vehicles will have placards provided to them by the American Legion to identify their right to enter. At 11:15 p.m. when patrons are allowed to exit the American Legion lot, they will be able to go either direction on Portland Avenue and 66th Street. Also, vehicles that are parked at the ice arena will be instructed they need to remain in place until 11:15 p.m. All residents living on 66tn Street and Portland Avenue will be allowed entrance or�to these streets. �GENDA SECTION: CONSENT �GENDA ITEM# 4B :EPORT# 111 - STAFF REPORT ar ' �'� CITY COUNCIL MEETING r JuN� 24, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER AMF., TLE DEPARTMENT DIRECTOR REVIEW: � NATU/tE OTHER DEPARTMENT REVIEW: / j � SIGNrITURL �. REVIEWED BY CITY MANAGER: �� ; ITEM FOR COUNCIL CONSIDERATION: Consideration of an annual request for a Community Celebration Event license and a temporary on-sale intoxicating liquor license, with a request of a fee waiver, for the Fourth of July Committee for events scheduled to take place at Veterans Memorial Park, July 1 - 5, 2014. I. RECOMMENDED ACTION: By Motion: Approve a Community Celebration Event license and a temporary on—sale intoxicating liquor license, with a fee waiver, for the Fourth of July Committee for the annual events scheduled to take place at Veterans Memorial Park, July 1 - 5, 2014. II. EXECUTIVE SUMMARY On May 30, 2014, the city received applications for the Community Celebration Event license, with a fee waiver, and a temporary on-sale intoxicating liquor license from the Fourth of July Committee, for events scheduled to take place at Veterans Memorial Park, July 1 - 5, 2014. The fee for the temporary on-sale intoxicating liquor license has been received, along with all required documentation, including liquor liability insurance. This year the Street Dance begins at 6:00 p.m., and ends at 12:00 a.m. The Committee is requesting to extend alcohol service to 11:30 p.m. 062414 4th of July Committee III. BASIS OF RECOMMENDATION A. BACKGROUND • Each year the Fourth of July Committee completes an application for a community celebration event license and requests the licensing fee of $5,000 be waived for the activities taking place throughout the City for this celebration. The Committee is again requesting a temporary on-sale intoxicating liquor license which will allow them to sell strong beer and wine coolers only. They plan to sell strong beer and wine coolers during the Street Dance on July 3, 2014 only. This year the Street Dance begins at 6:00 p.m., and ends at 12:00 a.m. The Committee is requesting to extend alcohol service to 11:30 p.m. The applicant has satisfied the following requirements for issuance of these licenses: • The required licensing fee has been paid for the temporary on- sale intoxicating liquor license. • All fees for each professional concession have been received. • Proof of liquor liability insurance has been submitted showing Founders Insurance Company affording the coverage. • A detailed plan of the days' events is currently on file. • The applicant, as well as each professional concession, has contacted food sanitarians from the City of Bloomington to ensure proper food handling practices are followed. • Public Safety Police Officers have been hired by the Fourth of July Committee to patrol the area for this event. B. POLICY • Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A. C. CRITICAL TIMING ISSUES • The temporary on-sale intoxicating liquor license, allowing for the sale of strong beer and wine coolers, is valid only for the street dance on July 3, 2014 from 6:00 p.m. to 11:30 p.m. D. FINANCIAL • The required licensing fees have been received. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • The Council could decide to deny the approval of a community celebration event license and a temporary on-sale intoxicating liquor license. This would result in the applicant not being able to conduct activities, especially those concerning food preparation and temporary on-sale intoxicating liquor sales. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Katherine Robison of the Fourth of July Committee has been notified of the date for Council consideration of this request. AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 112 STAFF REPORT �/ r ' '' CITY COUNCIL MEETING JUNE 24, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER AME,TITLE DEPARTMENT DIRECTOR REVIEW: d OTHER DEPARTMENT REVIEW: `LJ N �� SIG �`°' .��` 1 REVIEWED BY CITY MANAGER: �� ' _ ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the application for a premises permit by Fred Babcock VFW Post#5555 to conduct lawful gambling at the Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue South. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the lawful gambling premises permit application for Fred Babcock VFW Post #5555, to conduct lawful gambling at the Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue South. II. EXECUTIVE SUMMARY On June 2, 2014, the City received a copy of an application for a premises permit submitted to the Minnesota State Gambling Control Board by Fred Babcock VFW Post#5555, to conduct lawful gambling at the Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue South. If approved, the application would allow lawful gambling to continue at the Minneapolis-Richfield American Legion Post#435, following a one year revocation of the Legion's gambling license due to gambling violations. The Fred Babcock VFW Post #5555 would be responsible for managing the conduct of lawful gambling on the American Legion's premises. 062414 VFW Gambling Permit 445253v1 MDT RC160-3 III. BASIS OF RECOMMENDATION A. BACKGROUND • The Minnesota Gambling Control Board recently revoked the lawful gambling license of American Legion Post 435 for a period of one year due to gambling violations. The Legion wishes to continue to offer lawful gambling at its location during the period of revocation. The VFW, which is currently a licensed gambling organization and conducts gambling at its own location, is interested in operating and managing the gambling activity at the Legion site. B. POLICY • City Code, section 1100.13, subd. 7, allows a licensed gambling organization to lease or occupy an on-sale liquor establishment at a different location for the purpose of conducting gambling. The Legion is an on-sale liquor establishment. • The Minnesota Gambling Control Board requires that a licensed gambling organization submit a premises permit application and lease form for lawful gambling activity at another site. The Board requires that the City Council approve the permit application by Resolution. • Because the Fred Babcock VFW Post#5555 is already a licensed gambling organization, no investigation or fee is required. C. CRITICAL TIMING ISSUES • The Minnesota Gambling Control Board approves permit applicants at the beginning of each month. If the Council adopts the Resolution at the meeting on June 24, 2014, the VFW could begin operation and management of the gambling activity at the Legion after July 1, 2014. Otherwise, the applicant would be required to wait until August 1. D. FINANCIAL • N/A E. LEGAL • The City Attorney consulted with the Minnesota Gambling Control Board regarding the process. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� . Deny the request for the premises permit for Fred Babcock VFW Post #5555. This would mean the applicant would not be able to conduct gambling activities at the American Legion site. V. ATTACHMENTS . Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from the Fred Babcock VFW Post #5555 and Minneapolis- Richfield American Legion Post#435. 062414 VFW American Legion Gambling RESOLUTION NO. A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR FRED BABCOCK VFW POST#5555 TO CONDUCT LAWFUL GAMBLING AT THE MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST #435 AT 6501 PORTLAND AVENUE SOUTH WHEREAS, Fred Babcock VFW Post #5555 is submitting an application to the Minnesota Gambling Control Board for approval of a Premises Permit application to conduct lawful charitable gambling at the American Legion Post #435 at 6501 Portland Avenue South, Richfield, MN; and WHEREAS, the gambling premises is located within the City limits of Richfield, Minnesota; and WHEREAS, the Fred Babcock VFW Post #5555 is a lawful gambling organization within the City; and WHEREAS, the Fred Babcock VFW Post #5555 will be responsible for operating and managing the lawful gambling activity at the American Legion site and will comply with all applicable requirements of city code and state statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City Council does hereby approve the issuance of a Premises Permit to the Fred Babcock VFW Post #5555 to conduct lawful charitable gambling activities at the American Legion Post #435, 6501 Portland Avenue South, Richfield, Minnesota. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of June, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 062414 VFW American Legion Gambling �GENDA SECTION: CONSENT. �GENDA ITEM# 4D ZEPORT# 113 STAFF REPORT ,�"' � f' CITY COUNCIL MEETING .TUNE 24, 2014 REPORT PREPARED BY: JULIE URBAN/KATE AITCHISON, HOUSING PECIALISTS NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: � - SIGNAT � / REVIEWED BY CITY MANAGER: � ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the execution of an amended Joint Cooperation Agreement between the City of Richfield and Hennepin County for participation in the Urban Henne in Count Communit Develo ment Block Grant ro ram in Fiscal Years 2015 —2017. I. RECOMMENDED ACTION: By motion: Approve a resolution authorizing the execution of an amended Joint Cooperation Agreement between the City of Richfield and Hennepin County for participation in the Urban Hennepin County Community Development Block Grant program in Fiscal Years 2015 - 2017. II. EXECUTIVE SUMMARY In 2008, the City of Richfield executed a Joint Cooperation Agreement (JCA) with Hennepin County that allows it to receive federal Community Development Block Grant (CDBG) entitlement funding. The U.S. Department of Housing and Urban Development (HUD) has made several administrative changes to the JCA and is requiring participating communities to approve an amended JCA. A new Joint Cooperation Agreement between the City and Hennepin County is needed in order for the City to participate in the CDBG program for Fiscal Years 2015-2017. 06242014 CDBG JCA changes.docx In the past, Richfield has used CDBG funds to fund the Housing and Redevelopment Authority's Deferred Loan Rehabilitation Program, New Home Construction Program, and public service agencies providing assistance to low- income homeowners and renters. Funding a new Penn Avenue Fa�ade Improvement Program is also proposed in 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND • On June 10, 2008 the City authorized the execution of a Joint Cooperation Agreement between the City and Hennepin County for participation in the Urban Hennepin County CDBG Program. That agreement is on-going unless the City notifies the County that it no longer wishes to participate in the CDBG Program. • On April 25, 2014, HUD released Notice CPD-13-04 which required changes to the JCA for 2015-2017. The following changes have been made: 1) The addition of language stating that the agreement covers not only the CDBG Entitlement Program and the HOME Investment Partnership (HOME), but also the Emergency Solutions Grants (ESG) Programs. 2) The addition of a provision that a unit of general local government may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act. This new requirement is contained in the FY2014 HUD appropriation bill. 3) Clarification of Fair Housing language. 4) Moving contract term language specific to the CDBG contract year from the JCA Section D to the annual CDBG subrecipient contracts for awards (beginning in FY 2015) 5) Expanding Planning and Administrative cost language to reflect the County's growing costs associated with compliance and timeliness monitoring and the potential need for future increases within the term of the JCA (the County has retained 13 percent since 2002; the maximum allowed by HUD is 20 percent). B. POLICY • The JCA ensures the ongoing opportunity to fund CDBG programs and projects. • All CDBG-funded activities must meet ane of three national objectives: benefitting low and moderate-income persons, preventing or eliminating slums and/or blight, or meet an urgent need. In addition, activities must be consistent with priorities identified in the County's Consolidated Plan. Those priorities include a variety of housing activities such as housing rehabilitation, public services to maintain or increase self-sufficiency, and neighborhood revitalization activities. C. C�TICaL T�rNG IssuEs • The resolution approving the amended JCA must be returned to Hennepin County by July 18, 2014. D. FnvaNClaL • These are Federal funds awarded to the City of Richfield through Hennepin County. Failure to approve the amended JCA will result in the City losing its federal CDBG funding. • The City was most recently awarded $205,188 in CDBG funds. E. LEGAL • The changes to the JCA require a certified City Resolution approving the amended JCA. F. ENVIlZONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S� . Do not adopt the Resolution. V. ATTACHMENTS • Resolution authorizing the execution of the CDBG Joint Cooperation Agreement for FY 2015-2017 • Amended Joint Cooperation Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF RICHFIELD AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2015 — 2017 WHEREAS, the City of Richfield, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG), Emergency Solutions Grants (ESG) Program, and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant, ESG and HOME Programs. BE IT THEREFORE RESOLVED that a new Joint Cooperation Agreement between the City and County be executed effective October 1, 2014 and that the Mayor and the City Council be authorized and directed to sign the Agreement on behalf of the City. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of June, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Contract No. 140805 JOINT COOPERATION AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota,hereinafter referred to as "COUNTY,"A-2400 Government Center,Minneapolis,Minnesota,55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT,"said parties to this Agreement each being governmental units of the State of Minnesota,and made pursuant to Minnesota Statutes, Section 471.59. WITNESSETH: COOPERATING IJNIT and COi1NTY agree that it is desirable and in the interests of their citizens that COOPERATING LTNIT shares its authority to carry out essential community development and housing activities with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefore,in consideration ofthe mutual covenants and promises contained in this Agreement,the parties mutually agree to the following terms and cvnditions. COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it: 1. May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. 3. May not receive a formula allocation under the Emergency Solutions Grants(ESG)Program except through the Urban County. I. DEFINITIONS The definitions contained in 42 U.S.C. 5302 of the Act and 24 CF'R §570.3 of the Regulations are incorporated herein by reference and made a part hereof,and the terms defined in this section have the meanings given them: A. "Act"means Title I ofthe Housing and Community Development Act of 1974,as amended,(42 U.S.C. 5301 et seq.). B. "Activity" means a CDBG-funded activity eligible unde�• Title I of the Housing and Community Development Act of 1974, as amended. Example: single family rehab activity. C. "Annual Progcam"means those combined activities submitted by cooperating units to COUNTY for CDBG funding as pait of the Consolidated Plan. D. "Consolidated Plan" means the docwnent bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is 1 developed by the COLJNTY in conjunction with COOPERATING LINITS as part of the Community Development Block Grant Program. E. "Cooperating Unit(s)"means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County,which is a party to each Agreement. F. "HUD" means the United States Department of Housing and Urban Development. G. "Metropolitan City"means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. H. "Program"means the HUD Community Development Block Grant Program as defined under Title I of the Housing and Community Development Act of 1974, as amended. I. "Program Income"means gross income received by the recipient or a subrecipient directly generated from the use of CDBG. J. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. K. "Urban County"means the entitlement jurisdiction within the provisions of the Act and inc(udes the suburban Hennepin County municipalities which are signatories to this Agreement. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING LTNIT to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING LJNIT which will be funded from annual Community Development Block Grant, Emergency Solutions Grants (ESG) Programs and HOME appropriations for the Federal Fiscal Years 2015,2016 and 2017 and from any program income generated from the expenditure of such funds. III. AGREEMENT The initial term of this Agreement is for a period commencing on October l,2014 and terminating no sooner than the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2017, as authocized by HUD,and for such additional time as may be required for the expenditure of funds granted to the County for such per'tod. Prior to the end of the initial term and the end of each subsequent qualification period, the COUNTY, as the lead agency of the URBAN HENNEPIN COLJNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,shall provide a written notice to the COOPERATING UNIT of their right not to participate in a subsequent qualification period. The written notice will provide the COOPERATING UNIT a minimum thirty(30)day period to submit a written withdrawal. Ifthe COOPERATING UNIT does not submit to the COUNTY a writte►�withdrawal during the notice period,this Agreement shall be automatically extended for a subsequent three-year qualifying period. This Agreement must be amended by written agreement of all parties to incorporate any future changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification ofthe County is scheduled. Failure by either party to adopt 2 such an amendment to the Agreement shall automatically terminate the Agreement fotlowing the expenditure of all CDBG and HOME funds allocated for use in the COOPERATING UNIT's jurisdiction. This Agreement shall remain in effect until the CDBG, HOME and ESG funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewals)are expended and the funded activities completed. COLTNTY and COOPERATING i1NIT cannot terminate or withdraw form this Agreement while it remains in effect. Notwithstanding any other provision of this Agreement,this Agreement may be terminated at the end ofthe program period during which HUD withdraws its designation of the COLINTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING L1NIT and COLJNTY pursuant to authority granted them by their respective governing bodies,and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of Housing,Community Works and Transit so that the Agreement can be submitted to HUD by July 25, 2014. COOPERATING I1NIT and COUNTY shall take all actions necessary�to assure compliance with the urban county's certifications reyuired by 8ection 104(b)of the Title I of the Housing and Community Development Act of 1974,as amended, including Title VI of the Civil Rights Act of 1964;the Fair Housing Act,and affirmatively furthering fair housing. COOPERATING UNIT and COLINTY shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act Of 1973 and the Age Discrimination Act of 1975), and other applicable laws. IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carty out,within the terms ofthis Agreernent,certain activities eligible for funding under the Act. The COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements ofthe Act and the Regulations and other relevant Federal andlor Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the COIJNTY's responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated Plan, pursuant to 24 CFR Part 91. COOPERATING i1NIT further specifically agrees as follows: A. COOPERATING UNIT will,in accord with a COUNTY-established schedule,prepare and provide to the COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated Plan. B. COOPERATING UNIT acknowledges that,pursuant to 24 CFR§570.501 (b),it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR§570.503. The Subrecipient Agreement will cover the implementation requiremeirts for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by the COUNTY. C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to 3 this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party Agreement shall be du(y executed between the agency and COOPERATING i1NIT in a form prescribed by COIJNTY. D. COOPERATING LINITS shall expend all funds annually allocated to activities pursuant to the Subrecipient Agreement. 1. All funds not expended pursuant to the terms of the Subrecipient Agreement will be relinquished to the COLJNTY and will be transferred to a separate account for reallocation on a competitive request for proposal basis at the discretion of the COLINTY where total of such funds is$100,000 or greater. Amounts less than$100,000 shall be allocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. E. COLINTY and COOPERATING LTNITS shall expend all program income pursuant to this Agreement as provided below: 1. Program income from housing rehabilitation activities administered by the COLJNTY will be incorporated into a pool at the discretion of the COLINTY. The pool will be admittistered by COUNTY and will be used for housing rehabilitation projects located throughout the entire Urban County.When possible,COUNTY will give priority to funding housing rehabilitation projects within the COOPERATING LTNIT where the program income was generated. Funds expended in this manner would be secured by a Repayment Agreement/Mortgage running in � favor of the COLTNTY. Program income generated by certain COOPERATING LTNITS that administer their own housing rehabilitation activities may be retained by the COOPERATING L1NIT at its discretion; however, such COOPERATING UNITS will be bound by the conditions of D.2.,above. Only COOPERATING UNITS that were administering their own activities pursuant to the Joint Cooperation Agreement pertaining to the HUD fiscal years 2012-2014 will be eligible to retain their program income. 2. COUNTY reserves the option to recapture program income generated by non-housing rehabilitation activities if said funds have not been expended within twelve(12) months of being generated. These funds shall be transferred to a separate account for reallocation on a competitive request for proposal basis administered by COUNTY or,where the total of such funds does not exceed$100,000,shall be reallocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. F, COOPERATING LINITS are encouraged to undertake joint activities involving the sharing of funding when such action furthers the goals of the Consolidated Plan and meets the expenditure goals. G. If COUNTY is notified by HUD that it has not met the performance standard for tt�e timely expenditure of funds at 24 CFR 570.902(a)and the COUNTY entitlement grant is reduced by HUD according to its policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not met its expenditure goal shall be reduced accordingly. H. COOPERATING UNIT will take actions necessary to assist in accomplishing the community development program and housing goals, as contained in the Urban Hennepin County Consolidated Plan. I. COOPERATING UNIT sha11 ensure that all acti��ities funded,in part or in full by grant funds received pursuant to this Agreement,shall be undertaken affirmatively with regard to fair housing,emp[oyment and business opportunities for minorities and women. It shall, in implementing all programs and/or 4 activities funded by the basic grant amount,comply with all applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civit rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. J. COOPERATING L1NIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COLINTY to comply with its fai�•housing certification shall be prohibited from receiving CDBG funding for any activities. K. COOPERATING UNIT shall participate in the citizen participation process, as established by COUNTY,in compliance with the requirements of the Housuig and Community Development Act of 1974, as amended. L. COOPERATING LTNIT shall reimburse COLJNTY for any expenditure determined by HUD or COUNTY to be ineligible. M. COOPERATING IJNIT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COtTNTY. N. COOPERATING L1NIT has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. O. COOPERATING UNIT shalt not sell,trade,or otherwise transfer all or any portion of grant funds to another metropolitan city,urban county, unit of general local government,or Indian tribe,or insular area that directly or indirectly receives CDBG funds in exchange for any other funds,credits or non- Federal considerations, but must use such funds for activities eligible under Title I of the Act. _ COUNTY further specifically agrees as follows: A. COLTNTY shall prepare and submit to HIJD and appropriate reviewing agencies,on an annual basis, all plans,statements and program documents necessary for receipt of a basic grant amount under the Act. B, COtTNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING iJNIT in the preparation and submission of a request for funding. C. COiINTY shall provide ongoing technical assistance to COOP�RATING UNIT to aid COi1NTY in fulfilling its respo.nsibility to HIJD for accomplishment of the community development program and housing goals. D. COUNTY shall, upon official request by COOPERATING tJNIT, agree to administer local housing rehabilitation activities funded pursuant to the Agreement, provided that COLJNTY shall receive Twelve percent(12%)of the allocation by COOPERATING UN IT to the activity as r•eimbursement for costs associated with the administration of COOPERATING UNIT activity. 5 E. COtJNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer, for a possible fee, other activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. F. COUNTY may,as necessary for clarification and coordination of program administration,develop and implement Administrative Rules consistent with the Act,Regulations,HUD administrative directives, and administrative requirements of COLJNTY. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COtJNTY under Section 106 of the Act shall be allocated as follows: A. Planning and administration costs are capped to 20 percent of the sum of grant plus program income that is received during the program year. During the term of this Agreement the COLJNTY anticipates planning and administrative retainage of thirteen to fifteen percent (13-15%);included in this administrative amount is funding for annual county-wide Fair Housing activities. B. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING LJNITS in accordance with the formula stated in part C and the procedure stated in part D of this section utilizing U.S. Census Bureau data. The allocation is for planning purposes only and is not a guarantee of funding. C. Allocation of funding will be based upon a formula using U.S.Census Bureau data that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING i1NIT and the population of all COOPERATING UNITS. 2. The extent of poverty in COOPERATING L1NIT and the extent of poverty in ail COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING IJNITS. 4. In determining the average of the above ratios,the ratio involving the extent of poverty shall be counted twice. D. Funds will be made available to communities utilizing the formula specified in C ofthis Section in the following manner: � 1. All COOPERATING UNITS with aggregate formula percentages of greater than three and one half percent(3.5%)of the total using the procedure in part C.of this section will receive funding allocations in accordance with the COUNTY formula allocations. 2. COOPERATING UNITS with aggregate formula percentages of three and one half percent (3.5%)or less of the total using the procedure in part C. of this section will have their funds consolidated into a pool for award in a manner determined by COUNTY on a competitive request for proposal basis. On(y the COLINTY and COOPERATING UNITS whose funding has been pooled will be eligible to compete for these funds. 6 E. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COiJNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. F. In the event COOPERATING UNIT does not request a funding allocation,or a portion thereof,the amount not requested shall be made available to other participating communities, in a manner determined by COIJNTY. VL METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING UNIT is advised by HUD,prior to the completion of the re-qualification process for fiscal years 2015-2017,that it is eligible to become a metropolitan city and the COOPERATING L1NIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT's eligibility as a metropolitan city prior to June 20,2014,the COOPERATING L7NIT must remain a part of the COUNTY program for the entire three-year period of the COLJNTY quali�cation. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney,having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the COOPERATING L1NIT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities,specifically urban renewal and publicly-assisted housing. Assistant County Attorney 7 VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on , 2014, and pursuant to such approval and the proper County official having signed this Agreement,the COLJNTY agrees to be bound by the provisions herein set forth. COUNTY OF HENNEPIN, STATE OF MINNESOTA APPROVED AS TO FORM: By: Chair of its County Board Assistant County Attorney And: Date: Assistant/Deputy/County Administrator Attest: Deputy/Clerk of the County Board RECOMMENDED FOR APPROVAL Assistant County Administrator- Public Works Date: Department, Housing,Community Works and Transit Date: 8 IX. COOPERATING UNIT EXECUTION COOPERATING UNIT,having signed this Agreement,and the COOPERATING iJNITS governing body having duly approved this Agreement on ,2014,and pursuant to such approval and the proper city official having signed this Agreement,COOPERATING UNIT agrees to be bound by the provisions ofthis Joint Cooperation Agreement. CITY OF By: Its Mayor And: Its City Manager ATTEST: CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter 9 �GENDA SECTION: CONSENT. �GENDA ITEM# 4E ZEPORT# � 114 , STAFF REPORT �►" � J'` CITY COUNCIL MEETING JUNE 24, 2014 REPORT PREPARED BY: CHRISTINE COSTELLO, ECONOMIC DEVELOP ENT SPECIALIST NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: � � SIGNAT RE REVIEWED BY CITY MANAGER: � ,� / ITEM FOR COUNCIL CONSIDERATION: Consideration of an Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the arkin lot at Cedar Avenue and Dia onal Boulevard. I. RECOMMENDED ACTION: By Motion: Approve attached Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar Avenue and Dia onal Boulevard. II. EXECUTIVE SUMMARY In 2001 the City of Richfield (City) worked with the Minnesota Department of Transportation (MnDOT) to secure a commerciai lease for the construction of a parking lot on excess MnDOT right-of-way. In return, the City leases the parking lot to the Transmission Shop, Inc. (Transmission Shop) located at 6958 Cedar Avenue to remedy a neighborhood parking problem that occurred from the relocation of the business. The Transmission Shop constructed the parking 1ot and has paid the taxes for the property since 2001. The parking lot has been successful in remedying any parking problems that had existed in the neighborhood. The agreement between all the parties has been successfully renewed every two-years per MnDOT's request since 2001. 062414-Amed Comml Lease 6958 Cedar Trans Shop.docx III. BASIS OF RECOMMENDATION A. BACKGROUND • In August 2001 the City approved a Commercial Lease between the City and MnDOT for the construction of a parking lot on excess right- of-way land (45,750 sq. ft.) at approximately Cedar Avenue and Diagonal Boulevard. • At the same time, the City also approved a License Agreement between the City and the Transmission Shop for the use of the parking lot. The City pursued this arrangement with MnDOT as a way to remedy neighborhood parking problems resulting from the relocation of a transmission shop from 6409 Cedar Avenue to 6958 Cedar Avenue. The property located at 6409 Cedar Avenue was acquired for the 66th Street/TH 77 Interchange bridge and ramp project. • The original Lease and License Agreements were set to expire on June 30, 2006. The Lease and License Agreements were continued via an amendment by the City Council in 2006, 2008, 2010 and 2012. • The parking lot has been successful over the years, remedying any parking problems in the area and the Transmission Shop is interested in extending the License Agreement. • MnDOT has provided an amendment to the Lease to extend it for � another two years, after which time, additional extensions can be considered. The License Agreement is also being extended for the same term. • Barring any redevelopment in the area or use of the excess land by MnDOT, it is understood by all parties to the Lease and License Agreements that the excess land can be used until at least 2016. B. POLICY • The original Commercial Lease and License Agreements allow for term extensions. • Amendments to the Lease and License Agreements are set for another two years. Term extensions can be made once the proposed term expires. G CRITICAL TIMING ISSUES • MnDOT could terminate the Lease if the subject land is needed for highway purposes. Currently it continues to be considered excess right-of-way. • The City could terminate the Lease with MnDOT. However, the Lease is tied to the License Agreement, which calls for use of the premises until at least 2016. This date was set to protect the Transmission Shop's business interests and to amortize the cost of construction of the parking lot, which was borne by the business owner. The cost of construction of the parking lot was $91,000. D. FINANCIAL • Neither Agreement calls for rent to be paid. The Transmission Shop's construction of the improvements on the excess land was the consideration for this transaction. • Taxes are current and being paid by the business owner through a personal property tax account. Taxes for 2014 are $14,645.73 and disbursed by Hennepin County to the appropriate taxing jurisdictions. • Maintenance and repair of the licensed premises are the responsibiiities of the Transmission Shop. E. LEGAL • Kennedy and Graven prepared the original License and the Amendment to the License Agreement for the City. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Do not extend the lease with MnDOT or License Agreement with the Transmission Shop, Inc. However, parking could again become an issue for the neighborhood. V. ATTACHMENTS • Amendment of Commercial Lease No. 5 • Amendment of License Agreement No. 5 • Original Commercial Lease • Original License Agreement • Map of the general area surrounding the leased property VI. PRINCII'AL PARTIES EXPECTED AT MEETING • N/A Minnesota Department of Transportation Metro District 1500 W. County Road B2 Roseville, MN 55113 651-234-7598 C.S. 2758 (77=279) 901 LEASE NO. 27692 PARCEL: 0009 AMENDMENT OF COMMERCIAL LEASE No. 5 THIS AGREEMENT, is made by and between the State of Minnesota, Department of Transportation ("Landlord") and City of Richfield ("Tenant"), and shall be an amendment and addition to Lease No. 27692. WITNESSETH: WHEREAS, Landiord and Tenant entered into Lease No. 27692 ("Lease") involving the rental of a commercial property; WHEREAS, the parties deem certain amendments and additional terms and conditions mutually beneficial for the effective continuation of said Lease; and NOW THEREFOR, Landlord and Tenant agree to substitution and/or addition of the following terms and conditions which shall become a part of the Lease No. 27692, effective as of the date set forth hereinafter. 1. Effective on June 30, 2014, this Lease No. 27692 shalt be renewed for a period of two (2) year(s) commencing on July 1, 2014 and continuing through June 30, 2016, with the right of termination in both Landlord and Tenant as set forth in the Lease. 2. Effective June 30, 2014, Sections 9 of the Lease are deleted in their entirety and the following Sections of the Lease is substituted thereof: 9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shail provide Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below, and provide that such insurance will not be canceled, except on 30 days' prior written notice to Landlord. 9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance or equivalent form including Premises-Operations Liability, Products/Completed Operations Liability (if applicable), Contractual Liability, and Fire Legal Liability with a limit of not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it will be equal to or greater than $2,000,000 and apply separately to this Lease. Commercial Amendment Page 1 of 3 LS1022 5l13/2014 The insurance shall name the State of Minnesota as an Additional Insured with respect to performance of the Lease. 9.1.2 This insurance shall be primary with respect to any insurance or self-insurance programs covering Landlord, its officers and employees. 9.2 Tenant shall maintain during the full term of this Lease workers' compensation insurance with statutory limits and employers' liability insurance with limits not less than $100,000 bodily injury by disease per employee, $500,000 bodily injury by disease aggregate and $100,000 bodily injury by accident. If Minnesota Statute 176.041 exempts Tenant from Workers' compensation insurance or if the Tenant has no employees in the State of Minnesota, Tenant must provide a written statement, signed by the authorized signer of the contract, stating the qualifying exemption that excludes Tenant from MN Workers' Compensation requirements. If during the course of the contract the Tenant becomes eligible for Workers' Compensation, the Tenant must comply with the Worker's Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance. An Umbrella or Excess Liability insurance policy may be used to supplement the policy limit to satisfy the full policy limits required by the Lease. 3. Effective June 30, 2014, Section 20 of the Lease is hereby deleted and the following Section 20 is substituted therefore: Section 20 HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS. Tenant shall not cause or permit any hazardous substance or pollutant or contaminant to be used, generated, stored or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors or invitees. If the Tenant causes or allows the Premises to become contaminated in any manner by hazardous substances or pollutants or contaminants, during the term of this Lease, Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. This indemnification is intended to, and shall, survive the termination of this Lease. Without Iimitation of the foregoing, if Tenant causes or permits the presence of any hazardous substance or pollutant or contaminant on the Premises, and that presence results in contamination, Tenant sha11 promptly, at its sole expense, take any and all necessary actions approved by the Landlord to return the Premises to a condition that is in accordance with all applicable Federal, State and Local regulations. 4. The terms of the original Lease and its amendment(s) are expressly reaffirmed and remain in full force and effect. By this reference the original Lease. and its amendment(s) are attached and incorporated into this agreement. Commercial Amendment Page 2 of 3 LS1022 5/13/2014 TENANT City of Richfield Signature Print Name Title Date Signature Print Name Title Date LANDLORD, STATE OF MIN'NESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION By Tom O'Keefe, P.E. Metro Program Delivery Engineer � Date Approved as to form and execution OFFICE OF CONTRACT MANAGEMENT By Title Date Commercial Amendment Page 3 of 3 LS7022 5/13/2014 AMENDMENT 5 June 24,2014 AMENDMENT TO LICENSE AGREEMENT THIS AMENDMENT is made and entered into as of June 24,2014, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation ("Grantor") and the TRANSMISSION SHOP, INC., a Minnesota corporation ("Grantee), and amends that certain License Agreement between Grantor and Grantee dated August 16, 200L Recitals A. Crrantor and Grantee entered into a License Agreement involving the use of certain land at 6945 Cedar Avenue, Richfield, Minnesota, depicted on the attached E�iibit A. B. The parties desire to extend the term of the License Agreement by this Amendment. Terms 1. Effective on June 30, 2014, the License Agreement shall be renewed for a period of two years, commencing on July 1, 2014 and continuing through June 30, 2016, with the right of termination as set forth in the License Agreement. 2. The terms of the original License Agreeinent are expressly reaffirmed and remain in full force and effect, except as modified by this Amendment. GRANTOR THE CITY OF RICHFIELD BY Debbie Goettel, Mayor - By Steven L. Devich, City Manager 1 GRANTEE: TRANSMISSION SHOP,INC. B -'�C � It resident ST'ATE OF MINNESOTA ss.. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2012 by Debbie Goettel and Steven L. Devich, the �nayor and city manager, res�ectively, of the City of Richfield, a municipal coiporation under the laws of Minnesota, by and on behalf of said coiporation. Notary Public STAT� OF MINNESOTA ss.. COUNTY OF HENNEPIN Tlie foregoing insh•ument was acicnowledged before me this q� da}�of�U��, 2014, Uy ��s�,�� sr the �resident of Transmission Shop, Inc., a . corporation under tlie laws of Minnesota,by and on behalf of said corporation. / , ��_ .� ' -'"`� / � 1 . CHRISTINE H.cosT�uo �._.�� - � .�- .�/ NOTARYPUB4IC•MINNESOTA. ptaTy PUbI1C My Commiss�oo EKpireoJm.31,2018 2 EXHIBIT A (Sketch De�icting Location of Licensed Premises) Minnesota Department of 7ransportation O�ce of Land Management Transportatron Building Maiistop 631 395 John Ireland Boulevard S�. Paul, Minnesota 55155-1899 651.296.9744 S.P.: 2758 (36=279j LEASE NO.: H-06047 PARCEL: 9 ACCOUNT Nfl.: 27D078 C�MMERCIAL LEASE THIS LEASE is made between ihe Siate of Minnesota, Department of Transportation ("Landlord"), City of Richfieid, a politicai subd+vision of the State ("7enant"). Mail Lease to: Mr. Perry J.Thorvig Community pevelopment Specialist 6700 Portland Avenue Richfietd, Minnesota 55423 IT IS AGREED: S 1. In consideration of payment af the rent hereinafter specified to be paid by Tenant, and The covenants and agreements herein contained, Landlord hereby leases to Tenant that certain p�operty("Premises")in the Gounty of Hennepin, State of Minnesota, described as follows: Address of Premises: adjacent to the intersection of Cedar Avenue and Diagonal Boufevard, in the City of Richfield as shown an Exhibit A atiached hereto and by this reference incorporated herein. Type of Property: approximately 45,750 usable square feet of commercial vacant land This �ease includes improvements, if any, and is in effect for the term af fve (5}years cammencing on July 1, 2001 and continuing thraugh June 30, 2006, with the right of terminaiion in both �andlord and Tenant as hereinaher set forth. 2. REtJ7. The cvnsideration for this Lease shall be the muivai benefits to both parties of this Lease. 3. USE OF PREMISES. Tenant shall use the Prem+ses for the follawi�g purpose only: pub(ic parking and no other use whatsoever. It shall be ihe sole responsibi)ity of Tenant to comply with all laws, regulations, or ordinances imposed by any juriscict�on governmg the use of the Premises. Faiiure to comply will not relieve Tenant of the t�bligation to pay rent. Tenant's use of the Prgmises must not interfere with the public's use of any adjacent highway. Signs or displays will be restncted to those indicating proprietorship and type of activities conducfed on the Premises, and wili be subject to regulation by Landlord as to number, size, locatian, and design, 1 � ._ ;-�t � 4. MAINTENANCE AND REPAIRS. Tenant shall keep the Premises in good condit�on ai Tenani's own expense, and shall not call on Landiord to ma►ce any fmprovements or repairs. 5. CNARGES AND �XPENSES. Tenant shali pay when due all utility charges and any ather charges or expenses connected with Tenan2's use of the Premises_ 6. NOTiCES. Ail notices herein provided to be given, or which may be given, by either party ta the other, shall be deemed to have been fully given when served personaily on Landlord or Tenant, or when made in writing and deposited in the United States Mail and addressed as fopows: To Tenant at the mailing address above stated and to Landlord, pepartment of Transpartation, O�ce of Land Management, Transportaiion Building Mailstop 631, 395 John Iretand 8oulevard, St. Paui, Minnesota, 5�155-1899. The address ta which notices are mailed may be changed by written notice given by either party to the other. 7. CANCELLATION, This Lease shaN be subject to canceilation by either party at any time during the terrr� hereof by giving the other party notice in writing at least sixty j60)days prior to the date when fhe canceltation wil! become effective. Furthermore, this Lease shall be subjecf to canceiiation by Landlord if the Premises become needed for highway purposes (as determined solely by Landlord) by giving 7enant nokice in writing at least thirty (30)days prior to the date when the cancellation will bect�me effective. In the event of cancellaGan any unearned rent paid by Tenant will be retumed. ; 8. INDEMNIFICATION AND RELFASE. Tenant shall defend, indemnify, save harmless, and release Landlord and Landlord's em�loyees from and against aA claims, demands, and causes of actian tor injury to or death of persons or loss of or damage to property (inciucJing Tenant and Tenant's property) occurring on the Premises and conr,ectp��,vith Tenant's use and accupancy of;he�remises,regardiess of�.vhz:�er;ac`:injury, death,loss, or damage is caused in patf by: (i) the negl�gence of Landlord or (ii)is deemed to be the responsibitity of Landlord. because of its failure to supervise, inspect, or control the operations of Tenant or otherwise discover or prevent aciions or operations of Tenant giving rise to liability to any person. If any negiigence or responsibility of Landlord is unrelated to TenanYs occupancy or use of the Premises,Tenant wii!not be obligated to indemnify and hold harmless as set forth above. 9. INSURANCE. Prior to execution of this Lease by Landiord, the Tenant shall provide Landlord with a properly executed certificate(s) of insurance which shall clearfy evidenee the insurance required betow, and provide ihat such insurance wi11 not be canceied, except on thirty{30)days'prior written notice to Landlard. 9 i Tenant shal� maintain during the fuN term ofi this Lease commercial general liability insurance or equivalent form including Premises-Operatians Liability, Products/Completed Operations Liability (if appiicable), Contractual Liability, and Fire Legal Liability with a limit of not less than S1,Q00,000 each accurrence. If such insurance contains a general aggregate limit, ii will apply separately ta this Lease. Q �-1 This insurance shall inclu�e State of Minnesota as an insured with respeci ta 2 performance of Lease. 9-1.2 This insurance shall be pnmary with respect to any insurance or seif-insurance programs covermg Tenani, its offrcers and emptoyees. 9.2 7enant shall maintain dunng the full term of this Lease workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than S5Q0,000 each accident. 10. FIRE INSURANGE. Tenant shall not be required to keep the Premises insured against fire and extended coverage loss. Tenani shall make no claim against Landlord ansing out of any loss to the Premises. 1 L RIGHT TO ENTER. Tenant shall allow Landlord and l.andlord's contractors and authonzed licensees to enter upon the {�remises for any of the following purposes: to survey the land, to take soil borings, to perfoRn utility relocation or repair woric, or to perform any other work which is preparatory to a highway �onstruction project; also t� make emergency repairs required for highway safety. If there fs a highway bndge above any part of the Premises, Tenant shafl ailow Landlord to enter upon the Premises to inspect, maintain, and repair the bridge and its structural supports. If any af these operatians substantially restrict the Tenant's use of the premises, rent wifl be reduced proportianal to the restricted use of the Premises during the period of the restricted use. The reduction (or abatement)of rent will be Tenant's anly claim againsi Landlord based on such restriction{or abatementj of use. Tenant shall allow Landlord to inspect the premises�and to show the premises by appointment to prospeclive buyers or renters. Before entering the Premises for any of the purposes under ' this paragraph, Landlord will make a reasonable effori to notify Tenant, provided, however, that in case of an emergency affecting highway safety (the existence of which will be determined solely by Landlord), if Tenant is not present ta permii entry onto the Premises, Landlord or its representatives may enter withoui notice to Tenant, and for such entry Landlord or its representatives wili not be liable to Tenant. 12. A�JACENT HlGHWAY FAClUTY. Tenant shaH not permii the s#arage of any substance ar material on the Premises which may create a f'rre hazard to the adjacent highway faciiity {including any averhead bridge and its structurai supports). If Landlord determines that Tenant is using ihe Premises in such a way as to create a danger to the adjacent highway faciGty or the traveling public thereon,and if, upon receiving notiee,Tenant daes not immediately remedy the danger to the satisfaction of Landlord, then Landlord may immediately cancel this Lease and take possess�on of the Premises. Any requirement far giving natice of cancellation sei out elsewhere in this Lease will not apply to cancellation under this section. Uneamed rent paid by Tenant will be retumed. If a part of the Premises is situate under or adjacent to a highway bridge, Tenant acknowiedges that�andlord's pfowing and sweeping of the bridge may cause snow, ice, sand, or raad sweepings to be pushed aff the sides of the bridge or othennrise expelled off the bridge, falling onto the Premises. Tenant agrees that this risk is specifically included in the Tenant's indemnifccation and release of Landlord appeanng elsewhere in ihis Lease. 13. ASSIGNMENT AND SUBLETTlNG. Tenant shaN not assign this Lease or sublet the Premises. Notwithstanding anything to the contrary coniained in this Section 13, Tenani may sublet the Premises one time during the term, without the consent of Landlord, provided: a the operation being conducied in the Premises shaN remain unaffected; b the sublessee shali assume in writing the terms and conditions set tarth hereunder to be observed and perfarmed by Tenant; �. �Nith�n five (5) days after receipt by Tenant, Tenant sha!! pay to Landlord at( revenue from any sublease; �- copy of such sublease shal! be fumished ten {1Q) days pnor to the effective date ofi the 3 subiease; an� e nathing contained herem shali refease Tenant from any of its tiabilities or obligations hereunder. 14. CIVIL R(GHTS ACT. Tenant sha11 not discriminate on the ground of race, color, sex, or nai�onai origin against any person in access to and use of ihe facitities and services operated or otherwise maintained on the Premrses; and Tenant shall operate and mainiain such facilities and services in compliance with Title V1 of the C+vil Rights Act of 1964, and Title 49, Code of Federai Regulations, Part 21. 15. DEFAULT BY TENANT- LANDLORD'S REMEDIES. 7he fallowing occurrences are "events of default": (a) 7enant defaults in the due and punctual payment of rent, and such default continues for five(5)days aher notice fram Landlord; hawever, Tenant wiil not be entitled to more than one notice for default in paymeni af rent during any twelve month period, and if, within twelve months after any such notice, any rent is not paid when due, an event of defauit shall have occurred without further noti�e. (b) 7enant breaches any of the other agreements, terms, covenants, or conditions which this Lease requires Tenant to perform, and such breach ca�tinues for a period af thirty (30) days after notice by Landlord to Tenant. At any time after the occurrence of either af the above events of detault, Landlord may terminate this Lease upon giving written notice to Tenant ahd may then re-enter and 2ake possession of the;�remises in such manner as ailowed or provided by law. Tenant shall pay Landlorti all costs and expenses, including attomey's fees, in any successful action brought by landlord to recover unpaid rent, or fo rec3ver damages for breach of any of the other covenants, agreements, terms, or conditions which this Lease requires Tenant to perform, ar to recover possession of the Premises. 16. HOLD4NG OVER. If Tenant remains in possession of the Premises after the end of this Lease with the consent of Landlord, express ar implied, Tenant shall occupy the Premises as a Tenant from month to month, subject to all conditions, provisions, and obligations of this Lease in effeck on the iast day of the term. 17. MOVlNG OUT. At tha exp�ration ar sooner termination of this Lease, Tenant shall leave the Premises in as good condition as when delivered to Tenant (except for ordinary wear and any loss covered by insurance paymen±to Landlord). 18, SRLE OR 7RANSFER OF PREMISES. If Landlord seils or transfers the Premises, Landlord's liability fior the performance of its covenants under this Lease shall end on the date oi the saie or transfer, and Tenant shaH look solely to the purchaser or transferee for ihe performance of those covenants. 19. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations, and other entities {hereinaffer collectively referred to as Tenant) dispiaced by cancellation or terminatian af this Lease, ar by moving out prior to cancell�tion or termination of this Lease, are not ciassified as "displaced persons" and are not eiigible for relocation assistance under the Unitorm Relocation ,4ssistance and Real Property Acquisition Policies Act of 1970 and its amendments. Sy signing this Lease, TENANT affirms that they are not a displaced person. 4 20. HAZARDpUS SUBSTANCES. Tenant shafl nat cause or permit any pollutant, contaminant, or hazardous substance wastes, or matenal to be used, stared, generated pr disposed af on ar in the Premises by Tenant, Tenant's agents, emplayees contractors, or invitees, other than tho5e pollutants, contaminants, or hazardous substances, wastes, or materials commoniy associated with operauon of Tenant's use. If p�llutants contaminants, hazardous substances, wastes, or materials are used, stored, or generated in any manner, or if the Tenant has caused or aUowed the Prem�ses to become contammated in any manner by pol�ertants, contaminants, or hazardous su5stances, wastes, or materials during the ierm of this Lease, Tenant shatl indemnify and hold harmless the Landiord in accordance with Seciion 8 of this Lease. 7his indemnification is intended to,and shall, survive the termination of this Lease. Without timitation of the foregoing, if Tenant causes or permits the presence of any pollutant, contaminant, or hazardous substance, waste, or matenal on the Premises and that presence results in contamination, Tenant shall promptly, at its soie expense, take any and all necessary actions to return the Premises to the condition existing prior to the contamination. Tenant shall first obtain Landtord's approval for any such remedial action. (a) As used herein,"hazardous substance(s)"means any substance,material,or waste that is tnxie, ignitable, reactive, or corrosive, and that is regulated by any local govemment, State of Minnesota, or the United States govemrnent. (b) Any pollutant, contaminant, or hazardous substance, waste, or material permitted on the Premises as provided above, and afl containers therefor, shall be used, kepi, stored, and disposed of in a manner that compliss with all federal, state, and local laws or regulations applicable to those pallutants, contaminants, or hazardous substances,wastes, or materiats. {c) Tenant shail not discharge. leak or emit, ar permit ta be discharges, ieaked or emitted, any material inta the atmosphere, ground, sewer system, or any body of water, if thai material (as is reasonably determined by the Landlord or any governmentai authority}does or may pollute the same, or may adversely affect (a) the health, welfare, or safery of persons, whether located on the Premises or elsewhere, or(b)the condition, use, or enjoyment of the land. 21. LEASEH4LD IMPROVEMENTS. Tenant and �andlord acknowledge and agree, Tenant may make improvements to ihe Premises pursuant to the plans and specificatians approved by Landlord's Metro Division Permits Office, which approvals shall not be unreasonably withheld or delayed. Such improvements shall be at 7enant's expense and may include a five foot (5') in height perimeter security fence, grading and bituminous paving on the Premises. At anytime during the term, if Landlord in its sole opinion determines the grading and the drainage is adversely affecting the suITOUnding praperty, Tenant shall make such reasonable changes/improvements to the grading as requested by Landlord. ln addition, at the �xpiration or earfier termination of the tertn, Landlord has the option to require Tenant to remove any improvements (including the security fence and grading) and resfore the Prernises to its condition at the commencement of the Lease. Landlord shall provide a thirty (30) day prior written notice to Tenant advising of the Landlord requirement to remove the 7enant-made improvements from the Premises. In the event Landlord does not require Tenant 2o remove such improvements from the Premises upon Tenant's su�render of the Premises the Tenant-mede improvements shall become the praperty of Landlorcl. ?.2. ENT(RE AGREEMENT. This l.ease contains the entire agreement between Landlord and Tenant with respect to its subject matier and may be amended only by subsequent written agreement between them. Except for those which are set farth in this [.ease, no representations, warranties, oe agreements have k�een made by L,andlord�r 7enant to one another with respect to this Lease. FI�ENAME; H:IPROPA,iGNT1WpDATA127 Hennepinl27W78 Cityof Richfic�d leaae.wpd � TENANT CJRPORATE ACKNOWLEDGMENTFOR TENANT CiTY OF RiCHFIELD STATE OF N�'i��'��i• � ' �,/ � )ss. S�gnature h�C��'�''7 C�UNTY OF �►� � Print Name '�'�'�� ✓✓ /�/iE S�'f� �ORPORATE On this �0� day of �(��+��Y" ,20 D� Title ��yD/� Date ��f� � �r`a� and twimp(� �wme� `}��• �r�� , personalty known ta me,did swear that they are respectively the Signatu �` i✓ � �� and � � of Print e MAn�'7/�/ 6R t.��N�i cr,r.,�� G �� ,,,,�„� � ,a ��T corporaGon u�der the laws of the Stats of�_, and did Title y �i9NA4k� p��e execute this instrument on behatf o1 the corporation by authority of its Board of Directors on behalt of the corporation. �. . � � 7 RY PUBL1C • My Commission Expires: � � �� '�5 �ANDLORD, STATE OF MINNESOTA � DEPARTMENT OF TRANSPORTATlON � _;,ti; ` JULIE A.URBAN COMMiS510NER OF TRANSPORTATION �� +�coMMSSIDBEY.vjp�SESOU� ■ Sy �l�t.�t..�� , • K f Rasmussen.Dizctor [,Offica ol Land Management �f�r Date �--�/� d / Approved as to form and execution FOR 7HE ATTORNEY GENERAL %`� �� y' /' `' � Ti;le _ �i�S,i�� (�lr,,, �?rti�<1 Date �1��UI .. : _ - . , ---_ .... -�o�s�. _ .-�..._.---- �� ...,U ,..,„.... .:; �� .w n .r.,r+.�w. �N�� -�u.. 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Fy I � 1 �-�-_�� „�__�� i ' - :[� � -.; / ,� , f i ' o �___i 1_ �m q�' m J ' � � 1�-�- °� � ;� �-._. . ; a �i , { °�._ ' f " (� � 1 � cc�;_ � � ' 1 � >- �i ! � � � � f - a° � f o � � , �n LL c� ,r m , i � � c� � :i � , O � , ' �i � f^�� _ �� ,� .:� � . � . t �� I � Q' t 'i _ , 'i .- � _ << ' { �i .i�lr7 i � �Jr � � 3'J I \ � i � „ i - � . � � - ..� ` � � �, i ': � j-' ,(� ' 1 j � C m � ,1� � , � v V i ` �� ! � �� . � � �� ' ' � , , ' i o � � ' , _._......_. � c9�_, , '� � � � __.._____ .-_.-....___.__._..._._ �. � , _ _-_____,_,__..__--__._. _"_ _'�___.___.�_.__ '� , . � � � � � lV � � August 1, ZO{Il LICENSE AGREEMENT '1'HIS AGREEML'NT made and entered into as of this 1 b 1�> day of��v.% T , 2001, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation, (hereinafter referred to s�s "Grantc�r"), and the TRANSMISSION SHOP, INC. , a Minnesota corporation (hereinafter referred to as "Grantee"). WITNE.SSETH: BACKCROUND. Grantor currently holds an interest in the property that is the subject of this license a�reement by virtue of a lease agreement between it, a.5 tenant and the State of Minnesota, Department of Transportation (I�1nDOT), as Landlord. A copy of the lease agreement is attached hereto as Exhibit A.(hereafter referred to as the "Lease"). Grantee acknowledges that until such time as Grantor acyuires title to the property,al! of Grantor's rights to and in the property that is subject to this Agreement derive from the Lease, and are subject to the prnvis�ons and terms of the Lease. ARTICLE 1- CRANT, TERM. 1.1 I.ICENSED PREMISES. In consideration of the lees, covenat�ts and agreements herein reserved and contained on the part of Grantee to be perfornied, Grantor does hereby license to Grantee the tract of land located at 6945 Cedar Avenue, Richfield, Minnesota and located on land legally described in the attached Exhibit A (hereinafter referred to as the "Licensed Premises"). 1.2 TERM AND EXTENSIONS. The term of this License shall commence on the Commencement llate, and, unless extended as hereinafter provided, will terminate June 30, 2006 or such earlier date as may be detern�ined in accordance with the provisions of this Agreement. At the expiration of the term the Grantee agrees to vacate the Licensed Premises and deliver the satne to the Grantor. Urantee acknowledges that as Iang as the MnDot Lease or its extension is in place, Grantor's ability to extend this A�;reement is dependent upon whelher ihe Grantor's Lease is extended. Urantor agrees that so long as Grantee requests an extension, and is not in default of its oblig�tions hereunder, and further assuming that the use of the LicenSed Premises remains appropriate, that it will utilize its best efforts to obtain an extension of the Lease, and if successful, will extend this Agreement as wetl. Up�n the acquisitic�n of the property, Grantor shall be entitled to tem�inate this Lieense at any time fallowing the giving of 180 days written notice of such termination. Provided, however, that such termination must be based upon a f'ailure oi' the pariies to agree upon an appropriate license fee applicable hc;yond the periad desc�ibed in Section 4.l. Grantor n�ay also termitsate the License after August 13, 201 1 based on a good faith determination by the Grantor that the properiy alan�; with the property owned by Grantee l�cated at 695�3 C'edar Avenue is needed for redevelo�inent or other public purpases. JF3U-198267v3 RC 160-4 Page 2 ARTICLE II- IISE OF LICENSED PREMISES 2.l GRANTEE'S USE. During the tsrm of this License, the Licensed Premises may be used only for the purpose of the temporary parking of passenger motor vehicles for continuous periods of not more that seven days. At Grantor's written direction, the Grantee shall immediately remove from the lot any vehicle, eyuipment or item that does not in Grantor's reasc►nable judgment comply with that purposc. ARTICLE III—IMPRO vEMENTS 3.1 CONSTRUCTION OF IMPROVEMENTS. The Grantor, acting through its City Council has previously approved the plans and specifications and authorized the advertisement for bids on constructian of the parking lot. (City Project 917-25-957, the "Project"). Subject to its ability to award the contract,the Grantor will commence and prosecute to completion the construction of the parking lot and related site work all as described in the approved�lans for the I'roject. It is anticipated that the work will be completed so that the parking Iqt will be available for use by September 15, 2001. 3.2 PAYMENT OF C�STS OF IMPROVEMENTS. The Grantee shall be respansible to the Grantor f�r reimburseme�it of Urantor's expenses incurred in connection with constructing the Project including the transplanting of any trees that need to be moved for construction. FolJowing the tabulation of bids for construction of the Project, but prior to the award, the Grantor wilt confer with the Grantee as to the amount of the bids. Grantee shall deposit with the Grantor security in a form acceptable tn the Grantor equal to 125%of the low�st responsihle bid. The Grantor shall be entitled to draw upon the security to reimburse itself for payments made for consiruction of the Project. If the Grantee, for whatever reason, does not make such deposit, Ehis Agreement shall became null and void, the parties shall t►e released from any further obligation hereunder, and the Grantor shall have no abligation to Grantee to construct the Project. However,ihe Grantee shall pay the project design and city administration costs incurred prior to the �ime that this agreement becomes null and void. 3.3 COM�'LLTION UF CONSTI2UCTION--CGMMENCEMENT DATE. Provided that Grantee is ❑ot in default of any of its obligations hereunder, and has fully reimbursed the Grantor fc�r the cost of the Project, the Cirar�tor shall make the Licensed Premises available to the Grantee upon completion of' construction of the Project. The date on which Grantor notifies Grantee that the l.icensed Premises are available (or such later date as may be stated in the notice j shall be the Commencement Uate. 3.4 TREE PRESERVA"I'IUN AND PR07�sCTION. Any trees that need to be ren�toved f'�r ilie construction shall be transplanted elsewhere on the �arking lot site at a (oeation designated by the Grantor. Furthern�ore, any iree that dies within one year of the Commcnccment Date shatl be replaced by the Grantee with a tree of similar variety and of two and one-half inch caliper. �xt�-�vs2��V� RC I 60-4 Page 3 ARTlCLE IV-LICENSE FEE 4.1 LICENSE FEE. The parties have determined that the payments made by Grantee for the construction of the Project are equal to the fair value of the license for ten years. Consequently, the parties agree that for the term of the license, and for any extension thereof, not to exceed a total time of ten years fram the Commencement Date, no license fee will be charged Grantee. ARTICLE v- TAXES 5.1. TAXES. The Grantee shall be responsible for all real estate taxes and instailments on special assessments which are due and payable in any year following the Commencement Date and continuing until the termination of this Agreernent or any extensions thereof. ARTICLE t�l- UTILITIES 6.1 CHARGES. Grantee shall pay for all utility services furnished the Grantee for use on the Licensed Yremises. ARTICLE VII-MAINTENANCEAND REPAIRS 7.l ACCEPTANCE OF LICENSED PREMISES. The Grantee accepts the Licensed Premises AS IS, and WHERE IS with all faults and defects. Grantee shall be responsible, at its cost and expense to rnaintain and repair the Licensed Premises to the required standards of the City of Richfield, during the term of this Agreement. Grantee acknowledges that the Grantor shall have no obligation af any nature to maintain, preserve or repair the Licensed Premises. ARTICLE VIII-ALTERATIONS 8.1 NOTICE Tn CrRAN'I'UR. Prior to the initiation of any alterations costing more than $�,0O0, Urantee shall give Grantor written notice there�f and specify the work to be �erformed in reasanable detail and include the names of the cantractors and materialmen to be utiliz�.d. �.fter receipt of said notice, Grantor shall have a reasonable periad of time during which it sha11 make a determination, in its sole discretion, whether or nc�t to permit the work. Urantee shall provicie Grantor upon request with any further inf'ormation reasonably necessary for such detennination by Grantar and Grantee shall not eommence work or accep# materials priar to receivin�;written notice of Uranior's determinatian. J8[1148267v3 RC)bt!-0 Page 4 ARTICLE IX-DESTRIICTIONAND RESTORATION 9.1 DAMAGED. If a significant partion of the Licensed Premises shall be damaged by a.ny casualty whether insured or uninsured, the Grantor shall have no obligation to repair or rebuild the Licensed Premises. Grantee shall have the option ta rebuild or repair or to terminate this License by exercise of notice to Grantor. ARTICLE�-PUBLIC LL4BILITY, INDEMNITY 10.1 URANTEE'S LIABILITY iNSURANCE. Graniee shall during the entire term hereof keep in fult force and effect a policy of liability and property damage insurance with respect to the Licensed Premises, and the business operated by Grantee, in which the limits of liability shall exceed the Policy limits which Grantee currently carries on the Licensed Premises to cover the automobiles that wi�1 be parked on the premises.. 1 U.2 INDEMNIFICATIC)N. Except for claims arising aut of the willful or negligeni act of the other party or its representatives, each party shall indemnify and def'end the other party a�ainst all claims, expenses and liabilities incurred, includin� reas�nable attorneys' fees, in connection with loss of life,personai injury, ar property darnage arising out of any occurrence in, upon or at the Licensed Premises, or the occupancy or use thereof by said party, or occasioned wholly or in part by any act or omission of said party, its agents, employees, contractors. This provisiou shall n�t be deemed as a waiver of any statutory liability limits available to Grantor. ARTICLE Xt-ASSIGNMENT AND StIBLICENSING i 1 NO ASSIGNMENT BY GRANTEE. Grantee may not assign this Lieense to a third party, including, without limitation, a purchaser of Grantee's business at 6958 Cedar Avenue, without the prior written consent of�the Grantor. ART7CLE XII- GRANTEE'S DEFAIILT 12.1 EVENTS OF DEFAULT. The following events shall be deemed ta be events of default by tirantee under this License: (a) Grantee shall fail to pay when due any paymenis or other charges provided herein, or any portion thereaf and the same shall remain unpaid for a period of ten -- (10) days after the same has become duc; or (b) Urantee shall do or permit to be done ai�ythin� which creates a lien of� record upon the Licensed Premises; and does not cause said lien to be released within ten (10} days after written notice from Grantar, or J{3D-1982b7v3 RC1G0-4 Page 5 (c) Grantee has failed to comply with any other provision of this License and has not cured any failure within thirty (30) days, [five (5) days in the case of non- compliance with Section 2.1], or such longer period of time as may be reasonably required to cure such default, after Grantor, by written notice, has informed Cirantee of such noncompliance. 12.2 GRANTOR'S REMEDIES. Upon the nccurrence of any of ihe above events of default, Grantor may without providing a notice of termination, or without affordin�; Grantee an opportunity to cure (except as to matters for which the right to cure is specifically �iven in this Agreement), immediately notify Grantee of such default and may, with such notice, retake possessian of the Licensed Premises. 12.3 COS7'S,EXY�NSES AND ATTORNEYS' FEES. If one party is required to seek legal counsel for collection or ta commence or defend liiigation in order to enforce or enjoy the covenants and agreements in this License, the party prevailing in such collection, litigation shall have the right to reimbursement from the other party of all reasonable costs, expenses and attorneys' fees. ARTI('LEXIII— GRANTOR DEFAULT 13.1 DEFAULT NOTICE TO GRANTOR. Should Grantor defauit in the performance of any of the covenants on the part of the Grantor to be kept or performed and such default shall continue for ten (10) days after written notice to Grantor from Grantee specifying such default, Grantee shall have the same remedy as is available to the Grantar in section 12.2 above. ARTICLE XIV-MISCELLANEDIIS PROVISI4NS 14.1 COVENANT OF QUIET ENJOYMENT. Grantee, subject to the terms and provisions of'this License, on payment of the license fee and abserving, keeping and performing ail of the terms and provisions of this License on its part t� be observed, kept and performed, shall lawfully, peaceably and quietly and exclusively have, hold occupy and enjoy the Licensed Premises durin�the term hereof without hindrance or objectian by any pers�ns lawfully claiming under Grantor. ]4.2 ACCESS TO LICENSED PREMISES. Urantee shall allow Grantor and its ofticers, agents, assigns, cantractors and employees access to the Lieensed Premises during regular business haurs, on 24 hours' �riar notice f�r purposes af inspecting, surveying, testing and any other pre-demolitian activities which are deemed tiecessary to the Grantor for purposes af reuse of the Licensed Premises. The Grantor will use reasonable efforts not to intetrupt or disturb Cirantee's business in the course of cc�nducting said activities, and shall indemnify Grantee for any damage to inventary, stock, movea�le trade fixlures and iike items oecasioned by such activities. 14.3 SURRENDER OF LICENSED PREMISES. At the expiration or tern�inatian of' JAD-198267v3 RC 16U-4 Page 6 this License, Grantee shall surrender the Licensed Prerr►ises in an "as is" condition, but may remove therefrom all advertising signs and devices and.all other property ptaced on the Licensed Premises by Grantee. All such items not removed shall forfeit to and be deemed the exclusive property of Granior. 14.4 LIENS. Grantee agrees not to suffer or allow any liens to be placed against the Licensed Premises as a result of Grantee's activities during the term of this Agreement; including, without limitation any liens for labor or materials provided for any repair, maintenance, modification, atteration or construction of the Licensed Premises. 14.5 NO DAMAGES, NO RELOCATION BENEFITS. Grantee understands and acknowledges that Grantor is willing to enter into this Agreement sind carry out its obligations hereunder only because Grantee has agreed that it will make no claim for damages upon termination of this Agreement. Specifically, and without lirnitation of the foregoing, Grantee understands that upan the expiration or other termination of this Agreement, Grantor has no abligation to provid� it with other parking, to compensate it for the value of lost parking, to compensate it for the impact of the lost parking on the value of the business, or on the income or profitability of the business, to acquire the business or any part thereof, to pay or offer relocati�n benefits or relocation assistance. 14.6 NO PROPERTY INTEREST. This instrument is not a lease, creates no landlord- Tenant relationship,and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 14.7 GOVERNING LAW. 1�he laws of the State of Minnesota will govern the validity and interpretation of this Agreement. t4.8 NOTICES. Any notic� which is required under this License shail be deemed "given" upon ha�id delivery or three {3) days after prepaid posting in the U. S. Mail whichever shall frst occur. IN WITNESS WHERE�F, the parties hereto have affixed their signatures the day and year first above written. GItANTOI2: THE CITY OF RICHFIELD , ,., , �t _ , By: < �� !•,'' ; �..z i,.>_: 1� Martin Kirsch 1ts: Mayor _..._ .____, �,.- .,. \ i i By: `-__-�� . - , ��.-c.,�.c � " , , Samant a Ofd o JAU-1�8267v3 Rt 160�d Page � lts: City Manager GRANTEE: TRANSMISSION SH(3P, INC. .�-- By: � �"_. Its: Presiden STATE OF MINNESOTA f ss.. COUN"I'Y OF HENNEPIN � The foregc�ing instrument was acknowledged bef�re me this /ro day of Mi�ttsf`' , 2001., by Martin Kirsch, the Mayor of the CitS� of Richfield, a pubiic corporation, on behalf of the co ration. � . - j,� �_ FRANCES M.FLET �.�(_.LF.,a / �J ' �, �". rr�rnxr auauc- MY COMMISSI bliC � JANUAFSY 31,2005 ■W1�AMMr✓�r:.1ti�• ■ JE3i)-1'�82G7c3 RCI60-0 Page s STATE OF MINNES(7TA } ss.: COUNTY O��HENNEPIN , J The oregoing instrument was acknowledged before me this � day of y`f� .�c�� , 2001, by Samaniha Orduno, the City Manager of the City of Richfield, a Min sota public co oratio �co ration. o� • / FRAt�ES M.R.ETCFtEA -- ��, �I j. rroraFrvv��c-Mw�sau ,�. Cc K�C_� C�f=C'�� `f-Q'� MY COMMiSSK}N public ,IANUARY 31, ■W�AlPlbrNi\i+�tNW' ■ STATE OF MINNESnTA } ss.. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this �� day of � � , 2001, by ��7�,Y� �.,.�,,h �t� , the President ofTransmission Shop, nc., a corporation under the la of the State af Minnesota, on behalf of the corporation. Notary Public PAMEU J.BOOKHOIJr y � JHD•198267v 3 RC I b{)-4 Parking Lot at Cedar Avenue and Diagonal Boulevard ,-�---� �- -- . ._, � . � � 4 : � ;, ,, I� �� ,��' � � � ;�S ,.�� ,. 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AGENDA SECTION: CONSENT AGENDA ITEM# 4F REPORT# 115 STAFF REPORT � � ' �'� CITY COUNCIL MEETING JUNE 24, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER , TLE DEPARTMENT DIRECTOR REVIEW: � NA . OTHER DEPARTMENT REVIEW: � N a n l G ATUR• r; REVIEWED BY CITY MANAGER: � a � �� Q� � � � ITEM FOR COUNCIL CONSIDERATION: Consideration of the issue of new on-sale intoxicating and Sunday liquor licenses with the optional 2:00 a.m. closing for Last Call Operating Co II, Inc., d/b/a Champps Americana, 790 66th Street West. I. RECOMMENDED ACTION: By Motion: Approve the setting of a public hearing to be held on July 22, 2014, for the consideration of new on-sale intoxicating and Sunday liquor licenses with the optional 2:00 a.m. closing for Last Call Operating Co II, Inc., d/b/a Champps Americana, 790 66t" Street West. II. EXECUTIVE SUMMARY —� On April 21, 2014, the City received the application materials for new on-sale intoxicating and Sunday fiquor licenses with the optional 2:00 a.m. closing for Last Call Operating Co II, Inc., d/b/a Champps Americana. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 062414 Set liearing Champps A. BACKGROUND • Applications far new on-sale intoxicating and Sunday liquor licenses with the optional 2:00 a.m. closing for Last Call Operating Co II, Inc., d/b/a Champps Americana were received by the City on April 21, 2014. B. PoLICY • City ordinance requires the City Council to conduct a public hearing to consider all on-sale intoxicating and Sunday liquor license applications and a date be set for the public hearing prior to the hearing. • The hearing must be scheduled and held before a new license may be considered. • The new process has been initiated. G CRITICAL TIMING ISSUES • Holding the public hearing on July 22, 2014 will provide ample time to complete the licensing process. D. FINANCIAL • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • Reject the application for new on-sale intoxicating and Sunday liquor licenses with the optional 2:00 a.m. closing for Last Call Operating Co !I, lnc., d/b/a Champps Americana. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A