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062315CompleteAgenda l�` /� ' r e . SPECIAL CONCURRENT CITY COUNCIL AND COMMUNITY SERVICES COMMISSION WORKSESSION RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM JUNE 23, 2015 5:45 PM Cali to order 1. Discussion regarding organized garbage collection (Council Memo No. 60) _ Adjournment Auxifiary aids for individuals with disabilities are available upon request.Requests must be made at{east 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MfNNESOTA Office of City Manager June 18, 2015 Council Memorandum No. 60 The Honorable Mayor and Members of the City Council Subject: Organized Garbage Collection (Worksession Agenda Item No. 1) Council Members: City Council is scheduled to hold a joint meeting with the Community Services Commission at a study session on June 23, 2015 at 5:45 p.m., in the Bartholomew Room, Richfield Municipal Center, 6700 Portland Avenue. The purpose of the joint meeting is to: 1. Present the requirements of State Statutes that streamline the process for a . municipality to consider organized garbage collection. 2. Present an update on the City of Bloomington's progress of establishing organized collection and that of other cities. 3. Dialog between the City Council, Community Services Commission and staff on the topic. The City of Bloomington is expected to decide on organized collection on June 22, 2015. Bloomington has contracted a consu{tant, Foth LLC, to provide technical and strategic support throughout their process of determining if the City should proceed with organized collection. Representatives from Foth will present requirements of the Statutes and information regarding the process that other cities have employed to orga ize collection. Re p Ily submitted, , / Ste n . Devich ity Manager SLD:jt Email: Assistant City Manager Department Directors / ' � � � �� REGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS JUNE 23, 2015 7:00 PM 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. Piedge of Allegiance Approval of the minutes of the Regular City Council Meeting of June 9,2015. PRESENTATIONS 1. Update on the Metropolitan Airports Commission's 2035 Long Term Comprehensive Plan(Council Memo No. 55). COUNCIL DISCUSSION 2. Hats Off to Hometown Hits AGENDA APPROVAL 3. Approval of the agenda. 4. Consent Calendar contains several separate items,which are acted upon by the 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 a second amendment to the Site Lease Agreement at 7401 Logan Avenue South between the City of Richfield and Sprint Spectrum Realty Company, LP(successor-in-interest to Sprint Spectrum LP)with regard to the location of an antenna system. Staff Report No. 91 B. Consideration of the approval of a Reservation of Funds Financial Policy. Staff Report No. 92 C. Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license for the activities scheduled to take place July 4,2015,for the Minneapolis-Richfield American Legion Post #435, located at 6501 Portland Avenue South. Staff Report No. 93 D. Consideration of the approval of an annual request for a Community Celebration Event license,with a fee waiver and a Temporary On-Sale Intoxicating Liquor license,from the Fourth of July Committee for the events scheduled to take place at Veterans Memorial Park, July 1 -5, 2015. Staff Report No. 94 E. Consideration of the approval of the lease agreement between the City of Richfield and the United States Postal Service for the use of fourteen parking spaces in the lower parking lot of the Wood Lake Nature Center. Staff Report No. 95 5. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 6. Public hearing regarding the approval of new On Sale Intoxicating Liquor and Sunday licenses for GM Richfield, LLC, d/b/a Four Points by Sheraton Minneapolis Airport, located at 7745 Lyndale Avenue South. Staff Report No. 96 RESOLUTIONS 7. Consideration of a resolution regarding land use approvals that would allow construction of a community band shell at Veterans Memorial Park. Staff Report No. 97 OTHER BUSINESS 8. Consideration of the agreement between the City of Richfield and David Linner Architects for professional services in the design of a community band shell. Staff Report No. 98 9. Consideration of a developer selection for the Cedar Point Housing Area redevelopment. Staff Report No. 99 CITY MANAGER'S REPORT 10. City Manager's Report CLAIMS AND PAYROLLS 11. Claims and payrolls 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. 12. 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 COUNCIL MEETING MINUTES Richfield, Minnesota � ` � � Regular Meeting t June 9, 2015 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Garciac at 7:00 p.m. in the Council Chambers. Council Members Edwina Garcia, Mayor Pro Tempore; Michael Howard; Pat Elliott; Present: Tom Fitzhenry. Council Member Absent: Debbie Goettel, Mayor. Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Public Safety Director/Police Chief; John Stark, Community Development Director; Wayne Kewitsch, Fire Services Director/Fire Chief; Robert Hintgen, Acting Public Works Director; Mike Koob, Deputy Public Safety Director/Deputy Police Chief; and Mary Tietjen, City Attorney. OPEN FORUM Mary Barnes, 7544 Bryant Avenue, spoke in opposition to the proposed bandshell. PLEDGE OF ALLEGIANCE Mayor Pro Tempore Garcia led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Elliott; S/Fitzhenry to approve the minutes of the (1) Special Concurrent Citv Council & HRA Meetinq of Mav 26 2015� and (2) Reaular Citv Council MeetinQ of Mav 26, 2015. Motion carried 4-0. Item #1 PRESENTATION OF THE GENE AND MARY JACOBSEN CITIZEN OF THE YEAR FOR 2015 AWARD TO RUSS KING (COUNCIL MEMO NO. 45) Mayor Pro Tempore Garcia introduced the Gene and Mary Jacobsen Award for 2015. Ms. Garcia commended Russ King (Miss Richfield 1981)for his significant contribution in assisting the Council Meeting Minutes -2- June 9,2015 City of Richfield to become a friendly, open, tolerant and caring community. She thanked him for his loyalty to Richfield and for being a champion for the underdog. Mayor Pro Tempore Garcia acknowledged the attendance of Kim and Marietta Jacobsen who are the son and daughter of Gene and Mary Jacobsen and thanked them for being present for this important award. Ms. Garcia introduced Human Rights Commission Chair Mark Westergaard who will present the award. Human Rights Commission Chair Westergaard summarized the many contributions of Mr. King and his worthiness of receiving this award. Kim Jacobsen presented the Gene and Mary Jacobsen Citizen of the Year Award for 2015 to Russ King (Miss Richfield 1981). Mr. King accepted the award and thanked the Human Rights Commission and the City Council. He spoke of his continuing affection and admiration for the community. Item #2 ANNUAL MEETING WITH THE HUMAN RIGHTS COMMISSION Human Rights Commission Chair Mark Westergaard presented the 2014-2015 status and accomplishments report to the City Council. Among the highlights were the Human Trafficking Forum, the Richfield School Lunch Policy, and a Landlord Tenants Rights Forum coming up soon. Council Member Elliott spoke to positive growth of the Human Rights Commission. Council Member Howard stated that as the liaison to the Human Rights Commission, he thoroughly enjoys working with that commission. Mayor Pro Tempore Garcia commended the Human Rights Commission for their work. Item #3 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Howard mentioned that the municipal pool is open. Council Member Fitzhenry stated that people are maintaining their lawns. Mayor Pro Tempore Garcia asked residents to help keep storm drains clean. She also announced the upcoming Taft Lake Fishing Clinic, the Farmers' Market is open; and the Internet Safety for Parents Forum at the Municipal Center. Item #4 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Elliott to apqrove the apenda. Motion carried 4-0. Item #5 CONSENT CALENDAR A. Consideration of the approval of a Cooperative Agreement with Hennepin County for the Portland Avenue Reconstruction Project S.R. No. 84 Council Meeting Minutes -3- June 9,2015 B. Consideration of the approval of a resolution authorizing an interim use permit to allow construction of a temporary 75-foot telecommunication tower at the Penn Avenue Water Tower/Richfield Fire Station#2 RESOLUTION NO. 1088 RES�LUTION APPROVING AN INTERIM USE PERMIT TO ALLOW CONSTRUCTION OF A TEMPORARY 75-FOOT TELECOMMUNICATION TOWER AT 6401 PENN AVENUE This resolution appears as Resolution No. 11088. C. Consideration of the approval of a resolution authorizing an accounting change from an Enterprise (Proprietary) Fund to a Capital Project Fund for the Recreation Enterprise Fund S.R. No. 86 RESOLUTION NO. 11089 RESOLUTION AUTHORIZING ACCOUNTING CHANGE FROM AN ENTERPRISE (PROPRIETARY) FUND TO A CAPITAL PROJECT (GOVERNMENTAL) FUND— RECREATION ENTERPRISE FUND (RICH ACRES GOLF COURSE) This resolution appears as Resolution No. 11089. D. Consideration of the approval of the purchase of Self-Contained-Breathing-Apparatus (SCBA) for the Fire Department from Emergency Response Solutions in the amount of $229,297.85 S.R. No. 87 M/Fitzhenry, S/Howard to approve the Consent Calendar. Motion carried 4-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #7 PUBLIC HEARING REGARDING A RESOLUTION GIVING HOST APPROVAL FOR THE CITY OF COLUMBUS TO ISSUE CONDUIT BONDS FOR THE BENEFIT OF RICHFIELD SENIOR LIVING, INC. IN ORDER TO REFINANCE ITS INDEPENDENT LIVING AND ASSISTED LIVING FACILITY LOCATED AT 7609 LYNDALE AVENUE S.R. NO. 88 Council Member Fitzhenry presented Staff Report No. 88. M/Fitzhenry, S/Elliott to close the public hearina. Motion carried 4-0. Finance Manager Regis explained why Richfield was not issuing the conduit debt. He stated the City as of 2015, no longer has bank qualified debt available so Senior Living, Inc. obtained another option for financing. However, since the facility is located in Richfield, the Council Meeting Minutes -4- June 9,2015 City must give host approval. He also explained the City is under no obligation for the debt and does receive the benefit of administrative fees. M/Fitzhenry, S/Elliott that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11090 RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE, SALE, AND DELIVERY BY THE CITY OF COLUMBUS OF ITS REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF COLUMBUS; AND TAKING OTHER ACTIONS WITH RESPECT THERETO Motion carried 4-0. This resolution appears as Resolution No. 11090. Item #8 CONSIDERATION OF A RESOLUTION REGARDING A REQUEST TO DEMOLISH THE BUILDING AT 7528 LYNDALE AVENUE AND CONSTRUCT A TWO-STORY ADDITION TO 7524 LYNDALE AVENUE IN ITS PLACE S.R. NO. 89 Council Member Howard presented Staff Report No. 89. Community Development Director Stark stated that staff views the project favorably. He stated that the project would be a beautiful addition to the community. M/Howard, S/Elliott that the followina resolution be adopted and that it be made part of these minutes and include that it is continaent upon staff's definition of substantial comqletion: RESOLUTION NO. 11091 RESOLUTION GRANTING APPROVAL OF A SITE PLAN TO ALLOW CONSTRUCTION OF A TWO-STORY BUILDING ADDITION AT 7524 AND 7528 LYNDALE AVENUE Motion carried 4-0. This resolution appears as Resolution No. 11091. Item #9 CONSIDERATION OF: 1. AWARD OF CONTRACT FOR THE PORTLAND AVENUE RECONSTRUCTION PROJECT(67T" TO 77T" STREET) 2. AUTHORIZATION FOR THE CITY MANAGER TO APPROVE CHANGES IN THE CONSTRUCTION CONTRACT UP TO $100,000 3. PROPOSAL FOR KIMLEY HORN &ASSOCIATES TO PROVIDE CONSTRUCTION ENGINEERING SERVICES S.R. NO. 90 Council Member Elliott presented Staff Report No. 90. Council Member Elliott stated that this project has been well vetted with the City Council, residents and community. Council Meeting Minutes -5- June 9,2015 Council Member Howard asked about the estimated timeline of the project. Acting Public Works Director Hintgen explained there is no timeline yet but there is an open house on June 18 at the Municipal Center. M/Garcia, S/Howard to approve the award of the contract for the Portland Avenue Reconstruction Proiect to S.M. Hentaes & Sons, Inc. in the amount of$6,893,975.08. Motion carried 4-0. M/Fitzhenry, S/Howard to approve authorizinq the Citv Manaaer to approve contract chanqes under$100 000 without further Citv Council authorization. Motion carried 4-0. M/Howard, S/Fitzhenry to approve hirinq of Kimlev Horn &Associates to pertorm construction enqineerinq services for the Portland Avenue Reconstruction Proiect for a fee not to exceed $508,320. Motion carried 4-0. Item #10 CITY MANAGER'S REPORT None. Item #11 CLAIMS AND PAYROLLS M/Fitzhenry, S/Elliott that the followina claims and pavrolls be approved: U.S. Bank 06/09/15 A/P Checks: 241149-241476 1,149,434.48 Payro11: 110571-110921 $ 573.961.73 TOTAL $ 1,723,396.21 Motion carried 4-0. OPEN FORUM None. ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 7:40 p.m. Date Approved: June 23, 2015 Edwina Garcia Mayor Pro Tempore Steven L. Devich Steven L. Devich Acting City Clerk City Manager C1TY OF RICHFIELD, MINNESOTA Office af City Manager June 18, 2Q15 Council Memorandum No. 55 The Honorable Mayor and Members of the City Council Subject: Metropolitan Airports Commission (MAC) 2035 Comprehensive Plan (Agenda Item No. 1) Council Members: A#the June 23, 2Q15 City Council meeting, MAC Airport Pfanner, Neil Ralston, will give a brief update on the MAC's 2035 Long Term Comprehensive Plan (LTCP). The purpose of the LTCP is to update the MACs view of facility needs for the next 20 years and to serve as fihe "road map" to guiding its development strategy for MSP. The plan recommends concepts for the types and locations of facility imprpvements needed to accommodate projected demand and to provide gu9dance on phasing and scheduling throughout the 20-year program. The LTCP is routinely updated every five years. As part of that update process, the MAC conducts stakeholder outreach, including meeting with the communifiies surrounding MSP to gather feedback. Mr. Ralston will briefly provide an overview of the LTCP's purpose, process, preliminary findings and timeline and be available to answer questions. If you have any questions about this presentation, please contact Assistant City Manager/HR Manager, Pam Dmytrenko at 612-861-9708. R ully sub ' d, ��.,,:� Ste . e ' ity anager SLD:pd Email:Assistant City Manager Department Directors AGENDA SECTiON: CONSENT CALENDAR AGENDA ITEM# 4.A. ,■� STAFF REPORT NO. 91 � . � . CITY COUNCIL MEETING � 6/23/2015 � REPORT PREPARED BY: Chris Regis, Finance Manager DEPARTMENT DIRECTOR REVIEW: Steven L. Devich,Administrative Services Director 6/17/2015 OTHER DEPARTMENT REVIEW: None. CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a second amendment to the Site Lease Agreement at 7401 Logan Avenue South between the City of Richfield and Sprint Spectrum Realty Company, LP (successor-in- interest to Sprint Spectrum LP)with regard to the location of an antenna system. EXECUTIVE SUMMARY: On May 24, 1999, the City of Richfield entered into a Site Lease Agreement with Sprint Spectrum LP (Tenant)at the 7401 Logan Avenue South location. The original Site Lease Agreement allowed the Tenant to erect a cellular telephone antenna system on the City water tower located at the 7401 Logan Avenue South location. The Site Lease Agreement allowed the Tenant to erect a maximum of six cellular telephone antennas on the Logan Avenue water tower. On November 13, 2012, a First Amendment to the Site Lease agreement was approved by the City Council. This amendment involved the modification of the site by upgrading its antennas, equipment, and equipment shelter. At the end of the upgrade, the tenant removed the original six antennas and installed three new antennas and three remote radio units. The Tenant now desires to modify its installation on the site a second time by increasing the number of antennas from three to six and installing three more remote radio units. As a result of the changes in equipment, a second site lease amendment is warranted. RECOMMENDED ACTION: By Motion:Approve the second amendment to the Site Lease Agreement at the 7401 Logan Avenue South location between the City of Richfield and Sprint Spectrum Realty Company, LP (successor-in- interest to Sprint Spectrum LP). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • None. B. POLICIES(resolutions,ordinances, reaulations.statutes.etcl: • The Tenant has completed the required permitting process for site modification. C. CRITICAL TIMING ISSUES: • None. D. FINANCIAL IMPACT: • Any costs incurred in the upgrade of the facility will be borne by Sprint Spectrum Realty Company, LP. • As part of the amendment, the annual rent will be increased to be$31,000.00 beginning 2016. E. LEGAL CONSIDERATION: • The City Attorney has reviewed the second amendment to the Site Lease Agreement. ALTERNATIVE RECOMMENDATIONIS): None. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type o Second Amendment Site Lease Sprint-Logan Site Contract/Agreement >print Site 1D: MSl3XC821 SECOND AMENDMENT TO SITE LEASE AGREEMENT BETWEEN THE CITY OF RiCHFIELD AND SPRINT SPECTRUM REALTY COMPANY, LP This Second Amendment to Site Lease Agreement ("Second Amendment") is made and entered effective the day of March, 2D 15, by and between City of Richfield, a Minnesota municipal corporation (t`Landlord"),whose address is 6700 Portland Avenue South, Richfield, Minnesota 55423, and Sprint Spectrum Realty Company, LP, a Dela�vare Limited Partnership ("Tenant"),whose address is Sprint Nextel Property Service, 6391 Sprint Parkway Overland Park, KS 66251-2650, successor-in-interest to Sprint Spectrum L.P. RECITALS A. Landlord and Tenant's predecessor in interest, Sprint Spectrum L.P., entered inxo a Site Lease Agreemen# dated May 24, 1999. Landlord and Tenant entered into that First Amendment to Site Lease Agreement dated November 13,2012 {together, "Lease"), B. The Lease permits Tenant to install certain facilities on and adjacent to the water tower located at 7401 Logan Avenue South, County of Hennepin, State of Minnesota ("Structure"); C. As of the date of this Second Amendmetzt, the antennas, equipment, equipment shelter and other facilities that Tenant is permitted to install and maintain on the Structure and Leased Premises is described and depicted in Exhibit B-1 to the Lease; D. Landlord and Tenant mutually desire to amend certain terms of the Lease to: (i)authorize modifications to the antennas, equipment, and other facilities as depicted and described herein, and; (ii)provide for an increase in the rent payable to Landlord. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Leased Premises. The Lease is hereby amended by the replacement of Exhibit B- l with Exhibit B-2, attached hereto. All references to "Exhibit B" or "Exhibit B-1" in the Lease shall be replaced with "Exhibit B-2." Upon full execution of this Second Amendment, Tenant is permitted to do all work necessary to install or otherwise modify ihe Antenna Facilities as described and contemplated in Exhibit B-2. 2. Rent. The annual rent for 2016 shall be Thirty One Thousand Dollars ($31,000.00). Paragraph 2(a)of the Lease is amended accordingly. 3. Landlord Costs. Landlord acknowledges the receipt of a cash deposit from Tenant in the sum of Five Thousand and No/100 Dollars ($5,000.00) {"Deposit"j. Such Deposit iprint Site ID: MS13XC821 ��ill be used to reimburse Landlord for costs incurred by Landlord associated with reviewin�and approving Tenant's requested modifications set forth in this Second Amendment, including but not limited to attorney's fees, staff and administrative review time and third party consultant fees and expenses. Within thirty (30) days following completion of the proposed modifications, Landlord shall refund the remaining balance of the Deposit, if any, to Tenant and provide Tenant with reasonable documentation itemizing the amounts taken from the Deposit used to reimburse Landlord. In the event Landlord's documented fees and expenses, including consultant fees, and expenses, exceed the Deposit, Tenant will reimburse the Landlord in such additional amount within thirty{30)days of receipt of the documentation. 4. Miscellaneous. a. Except as specifically modified by this Second Amendment, all terms and conditions of the Lease remain in full force and effect and are hereby ratified. In the event of a conflict between any term or provision of the Lease and this Seeond Amendment,the Second Amendment shall control. b. All capitalized terms in this Second Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Lease. c. This Second Amendnient may be executed in duplicate counterparts, each of which will be deemed an Qriginal. d. Each party represents and warrants that it has the right, power, legal capacity and authority to enter into its respective obligations under this Second Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this Second Amendment to be executed by each party's duly authorized representative on the date written below. LANDLORD: TENANT: City of Richfield Sprint Spectrum Realty Company,LP By: By: Its: Mayor Its: By: BY� lts: City Manager Its: Date; Date: The r�c�mainder of this pugle iniet7tioncrll�T lefi blar�k iprint Site ID: MS13XC821 Exhibit B-2 See Attached Drawings �681ZEVIATIONS s�A-z Fat cnu�rsctn '�' A/r. ua c�nrtroN[a .. _��P� R I� NF ABOVE FlNISHED FLOON Sprint ! AGI. A30�F.GR/�UE I.EVEL ° +^ ^� � � WJSL nbOVE MCMI SFA ICVEI eioo sraivr raeKwnv Y PPf'HO% NPPRO%IMA1F � BLDG BULINNC VnRF CAUf.F �1 ' i O i ,,. ONF D� 67 1 � . BTS B�Sf TRANSMISSItlN$TA7KMJ '� � � GB (:V3NYti /EXISIIN4 �� . $ ' co� cauuN cawss FdNI�0AtE1" conc coNCHne � at�� ( � f.N� CfMWR /FA'SPRINt 4.5 ANfENNA--...I.... I .. 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Slgnatu • SYMBOIS `� -� b � R�� . _ //f� Date: : Ucense k 43012 .��, Q) ri'ORK VL M 'I //,{ '-E%671NC I � 7 CIGMED DATE:.-`.�/11J4Q15_._..� ��Q� IlTI11I"FOIf. / M AS SITi:NNAE � f%ISIING E%ISiING A9PHAL1 • �i�� eeu:u "Fitia��t nccess oarvtwnr 35W&494 ;� co+a�rsuo srrnn: � RICHFIELD WATER � �.'`�.T.�>�a caNCArc TOWER r .- 9rE I.n. � • . .. �. El�R1H ��°,°O,�o,°„o o�,o�?,a CRAHL � � P-ll/Tl/T.r/,I Mns,Nm � ---- MS13XC821 �� SiEEL /` I � -... .-. ...._ ��x� ��txsrmc ` sire nnw+rss g —""-""— GPtl7ERfY LINE __'..._.._'__-_" '_-- .�. PARKMG p.. 7401 LIX'JN AVENUE S ,ry -"—"- lFASE LNJE MEl��- PoCHFlEID�MN SS�P3 '_""_'_""'_' FA5t11FU1 IM.Y FENCE )(--X— CNHNtIqk "_U_Q__ p,� �_ � I � , _ CY.......p.....-. W90JW710.M1 � SHEEi NAMC � . —£—t— EIECiRL --.� . .. -..::- __...._- ... � ..-�—. --_ - __ ::---- - _ __ — ----- �=�--0i�``== °ocRC�'0mur+o l OVERALL � _.___{____;--' i1BER —�---�-- �� —w �STH STREEr- - SITE PLAN �—u-- unancrmoNO � ' a —T—T— 7ELE%IONC --{1F--0c'— WENF�M . 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SfCTOR:2 p"�rr.s`o�j 2's� ENLARGED � 5EE M�k A-B FDP[ETMS SITE PLAN g ISHGET NUAN3CR � _"___'_.-_."'x ___y' K ." —__� 0 10 20 30 A � ENLARGED SITE PLAN �:�'-zo'-o' � " '_� „ t i ADDITIONAL NOTES 1. PROP03E0 MlIE?!MS RND PIPE 1,4�515 MSfN1E0 ON THE E%TERIOR OV'TNE WATER tbNER 5lU�LL BE SVqP PAMfED � � TO MATCH I/E COIOR OF 7IPE WAIEft TOWE/t(VEAIFY CqAP). �� tt . Y. N.L AT�ACIiGEMS t0 P.VMm SUFYACFS ME TO INCLUDE 1NE PlAC�1FN1 OF NEOPRENE SIMVS Bk�NEkTI IVAD'IME IJJD PdN75 OF COMACT TD RFAUCE/ELMNAE UWAACE TO iF�VAMfFD SURFACE MEfN.SHIMS ME ' xFWWN M 9RWTpNS Wf1ERE 7MHTEMNG A C1AMP WY CMGE 1HE NEOPREIIE TO iFAR 1Y0.151NG MEfAL TO 610D SPmM PnRKWAr �j YEU�L C61RAC7.MFQtE POSSIBLE EmO5E0 NEOPRENE Sf10UD BE Y/RIPPEO NATH WHIiE TAPE.FASIIIIING p p u SEQUENCE SHOULD RItItA..UOE NYLON WASHERS BEINTIN 7VIE FAHifED 5URFAGE AND TNE GLV�N12E0 IYASHER. J. NEW MPE GISIS ARE TO HAVE WEIOFD END GPS.EX6fW0 W7E WSTS(IF NOT CAOPEO)ME TO BE GVPED AT � � ' 80'IH ENDS WIIN WM7E RUBBER CJWS. �. N.L IXPO$D JUNPF��CW%AND d91E5 NALL BE PRONDED M'lIH WNRE JACKfl170 OR TAPED WMTE. � . S. N.L MlIFNW1 fEm IlNE3,JIMPEflS�CO�X Ni0 GBlES G+NNtlT IHIERiERE YflIN TOP OF iHE WN�IWL MUST 9E ROUIFD AS S1C11 1NAT 1NEY COMPLV WI1FI OSNA PEOlNRF11ENTS RECMURIG HWOPAKS. Y 8. TN�INSfN1A1qN Oi NEW EOUIPMEM WILL BE PULED BEHINU 711E NAFHNAS AND RI A MMINFR TIAT MNNTNtS Fas�/�&�"dAdEI^' �i � 7NE WWdWIS WhNUV�ICE WIIN CURRENT OSH4 CUOEUNfS iDR ACCE55 ' 7. CONiWiGTOR TO TOUCN UP 7MMING ON EXISfING Nt1EN1KS.SPOT REP/dR5 MWE HrtH 9RUSH IUA W/O uTMIFl[L�D,�M�NAS.S355 � FFw7NENNC,SNpriD 9E COMPLEf[U/RoU.EO foft NWFbWAM. 8. COMftACTOR 70 TOULH UP E%6R91G ANTENNA RCE AL�lSTS.�EPQ7dNG U('ON 7FEIR COMORION N�MGED/F7JLE0) . 711E pIV MAY REOUEST REPIACENENT. e. /d1 MOUMING HApONM11E 14 TO BE CrLLVlNRED NN/OR FRO.iOFD M A NtlN-CORROOMG MMEIML y' 10.ALL�BMlOONED AtREtW13.COA%W.GBIE MID DEfACHABI.E EIXAPMINf TH4T 5 NO LONGER USFb ME TO BE UL TON , Rp10NE0 WfaNC 1FE FlNLL NMM110N. C tl�i I N F.fi R 1 V n D 2 S 1 Q I! b 11.�W.EOUIPMENT IS TO BE IOEN71F7E0 BY 7HE iENPNf. � 9600W.P0.YNM�WRR�'E,aJITE100 Y' Rosvr+«+r.uinioasaie F ic�e�r.ivi.uxoo r�,w>-�nawc p' .,.....tia..«�,�...K...„. � ortc�co en Po p nrno�.[o ev MO M � a�[ ocsunqM 3 16 li BOX IiEY1EW AIS � �nsnNC u+isuru(iw.f is io i� �wu. us� �', ELEV.u 1fi1�-�0�3 A.G.I.. � —E%1571NG HANDRNL S OJ iG ER SEII REVISIO PL �7 15 ER SEH REYI51 AU� ' 5 I1 15 ER SEH RCNSI AV� � E%IST,NG Sf`MM M/NJIEMN g (S TOTALj f a oasmic svrtwr rrv�nrx(s)8 NG S�'NIM NV RRJ'S � . �a N�w s�nrr Za,wr�r�rus ��roru) I hereby cerlNy that Is p1en,speciticatlon,or � ��-r��—o*�cL uper slon end t�h t I am aUduly Llc nlg d � NEW SPkMT 2.S.WIENNA(S TOTAL) Professional Engin er under the laws of th ntw srar�r 2s�au(a ro�u) Steta ot Minnasota. Pdnt Neme: HE Y M.BELLAC,Fl n Sfgnatu • S r.xisnuc Hnwio cnniES..._. ._ .___._. ._. ._. . 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Ml ANTkY7NA/StMNH5 ME TO BE L+�KF71 FltON 1RUE NdtM S p ri n t � J.SPRINf NEEDS TO VEid%ALL IWfFIiN�.4(NEW k E7tl511NG) 61W SPRIM PARKWAY Sf S E W. � OVFR�ANp ApK KS BZ RF WARNING SIGNAGE&EMERGENCY SIGNAGE NOTE: � nw a cowA.wrt ra�x � `.RULE k�IFADURY 9dW:F AS NEVWf1ED BY 11!�EDF11K W�EIINFS WRAMm WIM1IW OET 15 BIM1flIN J�A9 GOt SPNM 6UIOF1M6. �S 7RUE .Fdtl��OA�'Br" � NOPTH MO ChYW000 nVCMUE (g �orsn�� IRCMFLD,41N SSt�S r %ISPN(:�MiFNNAS RY pTHE175 --EXi51iNC AN7EN4A5 HY OTHfRS "�7 FULLERTQN � ��no� ��.� E�'71NG WATS.R T01MFR —:%IS17NC WATER TOWFF ��N F e N 1 N tl tl H'u 1 A H � '�-- —_ T--.,...�Z„ M-0OW.9NTNMAWNA"E.4XTE]W � % ." � � .-EXISTINF CAIWALK ISfING GTNALN �OSIHOM.RUNOA60tl18 ,.—..�-�""��----.�,� .. prc.J \ TEb8OA13-0NO � / .-' � (nv.) rweao.ra.oma SEC70R• 1 """'`aMw„�`i'"'""c`"" SECTOR:3 SECTOR: 1 P AZIMUTH:80' SECTOR:3 arc�no ar: ei AZIMUTH:320' AZIMUTH: 320' AZIMUTH: B0� ��y�. Mg � m�rt fwwnmtro� u�.,p 3 18 1; 80S fiEVIEw fIS f� 1�10 1� iMI1 MS 3 a1 15. ER SEN REVISiO. AU� /}t 9 7 15 ER SEH REVI510. Atl� EkISiIHG SPIiINT!N AN7ENNA A ��• $ 11 15 R SfN REN51 AU (1%1'.Of t PER$FCTOF) XfSi1NG SPnYM W AMFIJtJA / . � _ F.XISIINC (7YP,pF 1 pER$[CTpR) � � WATEfi L E%151'IN(; tOWER�1 N'�R � � /�\ ^ �� certify thet hle plen,speclf�ation,or � �'`=% � \�� re r was prapare by me or undor my dlrect � C 1 au o isbn and th t 1 am a duly Licensed �„ / Pr le slonal Engi r under tho laws ol th # �,,� St e t Minnesota. �1 Pr t ame: H6 Y M.�ELLAGl1 A � 9 w S - --NEW SA11M HNipW�MWNf e: Ltcense fi 43012 �! ..... �E A��FON OEfNIS R� SRNFD��c;_5/fi/>n•.. .� $IIE N�ML: � . exisrwuc rowei��tc— exisnnc row¢a i,rc 35W 8�494 �� ""�� RICH�IELD WATER � TOWER .� ""_-_---_'_' _ �,.�..._ SITF I.D. 1f =T,:_-._:�^�._- NEIY SPFNR 2.5 PPU—...... ... . �-' �n. -ERISi1NC SPRMT MJ RRU ��g'�'8��T'� � i ' MS73XC821 p (im.or�vcR�[c:Tat> �srwc sonun ra rtau (M.Or 2 PEH SF.C10R) �' NfW SPHINT Q.3lWfE11W1----� �-- SITf ADOFESS � SECTOR: 2 (7yp °F�P�"�� SEE A-4 h A-d fCIR D�MS 71U1 LdGW AVENUE S nziMUrH: 200• SECTOR:2 PICHFlEID,/AN 55123 � AZIMUTH:200' � SHEEf NN,rt y . ANTENNA LAYOUT � � SHER NUAIEf[F � M 0 i' 8' 16 74' 0 1' 8' IC' 74' /�_�� k EXISTING ANTENNA&RRU LAYOUT SGLE:1/i8"+ 1'-0" 1 FINAL ANTENNA 8 RRU LAYOUT SCN.E: 1/18"� 1'-0' Q H °� �, � I I i AGENDA SECTION: CONSENT CA�ENDAR AGENDA ITEM# 4.B. ■� STAFF REPORT NO. 92 � , � . CITY COUNCIL MEETING I 6/23I2015 � REPORT PREPARED BY: Chris Regis, Finance Manager DEPARTMENT DIRECTOR REVIEW: Steven L. Devich,Administrative Services Director 6/17/2015 OTHER DEPARTMENT REVIEW: None. CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a Reservation of Funds Financial Policy. EXECUTIVE SUMMARY: Within the 2015-2016 City of Richfield goals, City Council Goal#3, Planning for future financial needs, there was an action item to establish a mechanism to begin to reserve funds for recurring City costs. The attached Reservation of Funds financial policy addresses that action item and will allow the City to systematically reserve or set aside funds for future capital projects that are recurring, but capital in nature. RECOMMENDED ACTION: By Motion: Approve the Reservation of Funds Financial Policy. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT None. B. POLICIES (resolutions,ordinances, reaulations.statutes,etc): It is the practice of the City of Richfield to follow established financial policies governing the City's practices related to fiscal management. C. CRITICAL TIMING ISSUES: None. D. FINANCIAL IMPACT: None. E. LEGAL CONSIDERATION: None. ALTERNATIVE RECOMMENDATION(Sl: None. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type ❑ Reservation of Funds Policy Exhibit RESERVATION OF FUNDS POLICY City of Richfield Financial Policy Date: June 23, 2015 Subject: Reservation of Funds Policy Introduction The City of Richfield has a responsibility to reinvest in its infrastructure and to establish a financial plan in order to do. By reinvesting in it infrastructure,the City ensures that it will be capable of continuing to provide City services to the community. I. SCOPE This fiscal policy provides the framework that will allow the City to reserve or set aside funds each year in order to fund future projects or costs that are capital in nature and recurring. This policy will include, but not be limited to the following City Funds: 1. General Fund 2. Capital Improvement Reserve Fund 3. Liquor Operations Fund 4. Water Utility Fund 5. Wastewater Utility Fund 6. Storm Water Utility Fund 7. Central Garage and Maintenance Fund 8. Information Technologies Fund II. PURPOSE The purpose of this policy is to establish the mechanism and authority where by the City can begin the process to systematically reserve or set aside funds for future projects that are recurring, but capital in nature. For example the painting and reconditioning of City water towers, which is required approximately every fifteen years. III. AUTHORITY The Finance Manager is authorized to reserve amounts in established City Funds, when such amounts are available and to insure that these reserves are not spent until such time that a project is due and there are sufficient funds available. Approved: /s/Steven L. Devich City Manager AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM# 4.C. .� STAFF REPORT NO. 93 s , � • CITY COUNCIL MEETING � 6/23/2015 � REPORT PREPARED BY: Betsy Osbom, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 6/16/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license for the activities scheduled to take place July 4, 2015,for the Minneapolis-Richfieid American Legion Post#435, located at 6501 Portland Avenue South. EXECUTIVE SUMMARY: On May 27, 2015 the City received application materials for a Temporary On Sale Intoxicating Liquor license for the Minneapolis-Richfield American Legion Post#435. This annual request is in conjunction with the Richfield Fourth of July Community Celebration. The American Legion plans to have an open house with a live band in their parking lot and would like to serve food and refreshments, including alcohol. The Director of Public Safety has reviewed and approved of the license application and sees no reason it should be denied. The applicant has agreed to adhere to the traffic and parking conditions set by the Public Safety Department. Attached is the summary explaining the conditions. All required information has been provided. All licensing fees have been received. RECOMMENDED ACTION: By Motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for the Minneapotis-Richfield American Legion Post#435, located at 6501 Portland Avenue South for the activities scheduled to take place on July 4,2015. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The applicant has satisfied the following requirements for the issuance of this license: • The required licensing fee has been paid. • Proof of liquor liabiliry 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. POLICIES (resolutions, ordinances, reaulations,statutes, etc1: 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 Statue Chapter 340A. C. CRITICAL TIMING ISSUES: The sale of intoxicating liquor must cease no later than midnight. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATIONISI: The Council could 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 activities. PRINCIPAL PARTIES EXPECTED AT MEETING: John Wortman - Legion Manager ATTACHMENTS: Description Type � Summary of traffic and parking conditions for 4th of July Backup Material SUMMARY OF TRAFFIC AND PARKING CONDITIONS FOR MINNEAPOLIS RICHFIELD 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, 66th 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 Iot 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 onto these streets. AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM# 4.D. ■� STAFF REPORT NO. 94 � , � . CITY COUNCIL MEETING , 6/23/2015 � REPORT PREPARED BY: Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 6/16/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of an annual request for a Community Celebration Event license,with a fee waiver and a Temporary On-Sale intoxicating Liquor license,from the Fourth of July Committee for the events scheduled to take place at Veterans Memorial Park,July 1 -5, 2015. EXECUTIVE SUMMARY: On May 29, 2015, the City received applications for the Community Celebration Event, with a request of a fee waiver and Temporary On-Sale Intoxicating Liquor license, from the Fourth of July Committee for the events scheduled to take place at Veterans Memorial Park, July 1-5, 2015. The fee for the Temporary On-Sale Intoxicating Liquor license has been received, along with all required documentation, including liquor liability insurance. The Director of Public Safety has reviewed and approved of the license application and sees no reason for it to be denied. The street dance is on July 3, 2015, and begins at 6:00 p.m. and ends at 12:00 a.m. Alcohol will be served from 6:00 p.m. to 11:30 p.m. This year the 4th of July Committee is requesting an additional day of serving alcohol which will take place on July 4, 2015, from 7:00 p.m. to 10:00 p.m. Alcohol will be served in an enclosed fenced in area with monitored entrance points. Both nights will be selling strong beer and wine coolers only. Public Safety Police Officers have been hired by the Fourth of July Committee to patrol the area for these events. Food vendors will be available both days and the appropriate procedures will be followed. It should be noted that on July 1 st and 5th, there are no scheduled activities but the set up and take down are scheduled and therefore must be included for the purpose of insurance coverage. RECOMMENDED ACTION: By Motion: Approve the request for an annual Community Celebration Event ticense,with a fee waiver and a Temporary On-Sale Intoxicating Liquor license from the Fourth of July Committee for the events scheduled to take place at Veterans Memorial Park,July 1 -5, 2015. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT 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. 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 and applications have been received for the food concessions. • Proof of liquor liability insurance has been submitted showing West Bend Mutual 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. B. POLICIES (resolutions,ordinances, repulations,statutes,etc): 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 only, is valid for the street dance on July 3, 2015, from 6:00 p.m. to 11:30 p.m. and in the beer garden on July 4, 2015, from 7:00 p.m. to 10:00 p.m. D. FINANCIAL IMPACT: The required license fees have been received. E. LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(Sl: The Council could decide to deny the approval of the Community Celebration Event and Temporary On- Sale Intoxicating Liquor licenses. This would result in the applicant not being able to conduct activities, especially those concerning food preparation and alcohol sales. 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 CALENDAR AGENDA ITEM# 4.E. �� STAFF REPORT NO. 95 s , �. CITY COUNCIL MEETING , 6/23/2015 �� REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer 6/15/2015 OTHER DEPARTMENT REVIEW: City Attorney CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the lease agreement between the City of Richfield and the United States Postal Service for the use of fourteen parking spaces in the lower parking lot of the Wood Lake Nature Center. EXECUTIVE SUMMARY: The United States Postal Services operates a post office in Richfield located at 825 West 65th Street. This post office is in need of additional parking for employees and postal delivery vehicles. Wood Lake Nature Center is within walking distance of the Post Office and has the capacity to accept additional parking in the lower lot. The Postal Service had a temporary parking arrangement with the City for 2 months in 2012, paying rent for a small number of parking spaces and no issues were reported. The new agreement will commence on July 15, 2015 and will be in effect for two years. Under the agreement, the Postal Service will park their vehicles in fourteen marked parking spaces in the lower lot. Postal employees will swap parking spaces during operating hours. The Postal Service will pay rent for the parking spaces in the amount of$10,080 per year. RECOMMENDED ACTION: By Motion: Approve the lease agreement between the City of Richfield and the United States Postal Service for the use of fourteen parking spaces at the Wood Lake Nature Center from July 15,2015 to July 14,2017 with an annual rental of$10,080, and to authorize the Recreation Services Director to execute the agreement. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The Postal Service had a temporary parking arrangement with the City for 2 months in 2012, paying rent for the same number of parking spaces. No issues were reported during that period. B. POLICIES (resolutions,ordinances. repulations.statutes,etc): City Council considers and executes these types of agreements for the City by policy. C. CRITICAL TIMING ISSUES: There are no critical timing issues with this item. D. FINANCIAL IMPACT: The financial impact of this item is favorable to the Wood Lake Nature Center by providing a new revenue source from the rental of parking spaces in the amount of$10,080 annually for two years. E. LEGAL CONSIDERATION: The City Attorney has reviewed the attached agreement and has reviewed this staff report. ALTERNATIVE RECOMMENDATIONIS): Reject the attached agreement and forgo the additional rental revenue. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type o Wood Lake Parking Lot LEase Agreement Cover Memo _�� _� UIIIITED STIJTES I�OSTISL SERVICEThi Ground Lease MINNEAPOLIS-RICHFIELD BR ADDTL PRKG (266360-179) 6710 LAKE SHORE DRIVE, MINNEAPOLIS, MN 55423-9998 FINAL Dated: 06/12/2015 �� UNlTED STATES I/POST/�LSERVICE Ground Lease Facility Name/Location MINNEAPOLIS-RICHFIELD BR ADDTL PRKG (266360-179) County:Hennepin 6710 LAKE SHORE DRIVE, MINNEAPOLIS, MN 55423-9998 Lease:QB0000452717 This Lease made and entered into by and between CITY OF RICHFIELD hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and t he Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the'General Conditions to USPS Ground Lease,' attached hereto and made a part hereof: 14 Parking Spaces located in the lower lot. Total Site Area: 3,000.00 Sq. Ft. 2. RENTAL: The Postal Service will pay the Landlord an annual rental of: $10,080.00 (Ten Thousand Eighty and 00/100 Dollars) payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. Rent checks shall be payable to: CITY OF RICHFIELD C/O WOOD LAKE NATURE CENTER 6710 LAKE SHORE DRIVE RICHFIELD, MN 55423-2206 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: FIXED TERM: The term becomes effective July 15, 2015 with an expiration date of July 14, 2017, for a total of 2 Years. February 2004 � �UN/TEDST/�TES Ground Lease POST/!L SFRVICE,. 4 RENEWAL OPTIONS: None 5. TERMINATION: None, except as specified elsewhere in this Lease. 6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: Refer to attached Addendum. 7. LEGAL DESCRIPTION: Refer to Exhibit A-Legal Description, attached hereto and made a part hereof. Commonly known as the Wood Lake Nature Center located at 6710 Lake Shore Drive, Richfield, MN. February 2004 2 �UNITEDST/JTES Addend um POST/�L SERV/CE Faci IityName/Location MINNEAPOLIS—RICHFIELD BR ADTL PRKG (266360-179) County: Hennepin 6710 LAKE SHORE DRIVE, MINNEAPOLIS, MN 55423-9998 Lease: Q60000452717 8. OTHER PROVISIONS: A. Postal Service shall not be authorized to park in the designated areas on two specifics dates each year. These dates are: December 31 st 3rd Saturday of October B. Landlord shall maintain parking lot, including but not limited to paving, sealing, snow removal, and lighting. C. Both parties agree that the following paragraphs were deleted in their entirety at time of lease execution: General Conditions to USPS Ground Lease, Paragraph 3— Mortgagee's Agreement General Conditions to USPS Ground Lease, Paragraph 6-Sublease General Conditions to USPS Ground Lease, Paragraph 7—Alterations D. Both parties agree that the following paragraph was added at time of lease execution: Paragraph 8- Indemnification Clause 9. INDEMNIFICATION CLAUSE: The Postal Service hereby agrees to save harmless and indemnify the landlord from all claims, losses, damages, actions, causes of action, expenses, and/or liabilities resulting from the use of said property by the Postal Service whenever such claim, loss, damage, action, cause of action, expense, and/or liability arises from the negligent or wrongful act or omission by an employee of the Postal Service while acting within the scope of his or her employment, under circumstances where the Postal Service, if a private person, would be liable in accordance with the law of the place where the negligent or wrongful act or omission occurred. Nofinrithstanding the above, the Postal Service is under no obligation to save harmless and indemnify the landlord where any negligent or wrongful act or omission by the landlord, its employees or agents, in any way causes or contributes to the claim, loss, damage, action, cause of action, expense and/or liability. Addendum �UNITEDSTATES Ground Lease POST/.l L SERVICE EXECUTED BY LANDLORD this day of GOVERNMENTAL ENTITY By executing this Lease,Landlord certifies that Landlord is not a USPS employee or contract employee(or an immediate family member of either),or a business organization substantially owned or controlled by a USPS employee or contract employee(or an immediate family member of either). Name of Governmental Entity: CITY OF RICHFIELD im opi o er, ecrea ion ervices irec or: Name&Title: �andlord's Address: C/O WOOD LAKE NATURE CENTER 6710 LAKE SHORE DRIVE RICHFIELD, MN 55423-2206 �andiord's Telephone Number(s): (612) 965-0575 (612)965-0575 Federal Tax Identification No.: �'XXX5490 Witness Witness a. Where the Landlord is a governmental entity or other municipal entity,the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies)to execute the Lease to bind the governmental entity or municipal entity for which he(or they)purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above,or at an address that Landlord has othervvise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to"Contracting Officer,U.S.Postal Service"at the address specified below,or at an address that the Postal Service has othenvise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: Esther M Tinort Contracting Officer Signature of Contracting Officer FACILITIES REAL ESTATE 7029 ALBERT PICK ROAD, GREENSBORO, NC 27498-1103 Address of Contracting Officer Signature Page Grdlease Gvt.Entity(April 2009) 4 �UN►TEDST/�TES General Conditions to USPS Ground Lease POSTAL SERVI[E 7. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. ASSIGNMENTS a.The terms an d provisions of t his Lease and t he conditions he rein are binding on the Landlord and the Postal Service,and ali heirs, executors, administrators,successors,and assigns. b. If this contract provides for payments aggregating$10,000 or more,claims for monies due or to become due from the Postal Service under it may be assigned to a bank,trust company,or other financing institution,including any federal lending agency,and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment,together with a true copy of the instrument of assignment,is filed with: 1. the contracting o�cer;and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises,provided that: 1.such transfer is subject to this Lease agreement; 2.both the original Landlord and the successor Landlord execute the standard Certi�cate of Transfer of Tit/e to Leased Properfy and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer. 4. APPLICABLE CODES AND ORDINANCES The Landlord,a s part of the rental consi deration,agrees to comply with all codes and ordinances applicable to the ownership and operation of th e parcel on which the premises are situated and to obtain all necessa ry permits and related items at no cost to the P ostal Service. When the Postal Service or one of its contractors(other than the L andlord)is performing work at the premises,the P ostal Service will be responsible for obtaining al I necessary and applicable permits,related items,and associated costs. 5. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978(41 U.S.C.601-613)("the AcY'). b. Except as provided in the Act,all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim,"as used in this clause,means a writt en demand or written assertion by one of the co ntracting parties seeking,as a matter of right,the payment o f m oney in a su m ce rtain,t he a djustment o r in terpretation o f co ntract t erms,o r o ther r elief a rising u nder o r r elating t o this contract. However,a written demand or written assertion by the Landlord seeking the payment of money exceeding$100,000 is not a claim u nder the Act until certified as required by subparagraph d below. A voucher,invoice,or other routine request for payment that is not in dispute when submitted is not a groundgc (Oct 2009) �c-1 ��.. UN/TEDST/.lTES General Conditions to USPS Ground Lease POSTdL SERV/CE. claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certificati on requirements of this clause,if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim b y the Landlord must be made in writing and submitte d to the contracting officer for a written decision. A claim b y the Postal Service against the Landlord is subject to a written decision by the contra cting officer. For Landlord claims exceeding$10 0,000,the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith,that t he supporting data are accurate and complete to the best of my knowledge and belief,that the amount requ ested accurately reflects the contract adjustment for which the Landlord believes th e Postal Service is liable, and th at I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of$100,000 or less,the contracting officer must,if requested in writing by the Landlord,render a decision within 60 days of the request. For Landlord-certified claims over$100,000,the contracting officer must,within 60 days,decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g.When a claim is subm itted by or against a Landlord,the parti es by mutual consent may agree to use an alternative dispute re solution(ADR) process to assist in resolving the claim. A certification as described in subparag raph d of this clause must be provided for a ny claim,regardless of dollar amount,before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1.the date the contracting officer receives the claim(properly certified if required);or 2.the date payment othenvise would be due,if that date is later,until the date of payment. i. Simple interest on claims wili be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with perFormance of th is contract,pendin g final reso lution of an y request f or relief, claim,appeal,or action arising under the contract,and comply with any decision of the contracting officer. 6. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material"(ACBM)means any material containing more than 1%asbestos as determined by using the method specified in 40 CFR Part 763,Subpart E,Appendix E."Friable asbestos material"means any ACBM that when dry,can be crumbled,pulverized,or reduced to powder by hand pressure. The Lan dlord m ust identify and disclose,to the best of its kn owledge,the p resence,location and quantit y of all ACBM or pres umed asbestos containing mater ial(PACM) which includes all thermal s ystem insulation,spra yed on and t roweled on surtacing materials,and a sphalt and vin yl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose,to the best of its knowledge, any information concerning the presence of lead-based paint,radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have an y contaminated soil or water above applicable federal,state or local acti on levels or undisclosed under ground storage tanks. Unless due to the act or negligence of the Postal Service,if contaminated soil,water,underground storage tanks or piping or friable asbestos material or an y ot her ha zardous/toxic m aterials or substances as define d b y applicable Local,State or Federal la w ar e subsequentl y i dentified on the premises,the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines;prior to accomplishing this task,Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work,such approval not to be unreasonably withhefd. If ACBM is subsequently found in the building which reasonably should have been determined,identified,or known to the Landlord,the Landlord agrees to conduct,at Landlord's sole expense,an asbestos survey pursuant to the standards of the Asbestos Hazar d Emerge ncy Response Act(A HERA),establish an Operations and Mainte nance(O&M) plan fo r asbestos management,and p rovide the surve y r eport and plan t o the Po stal Service. If the Landlord fails to remove an y f riable asbestos o r hazardous/toxic materials or subst ances,or fails to complete an AHERA asbestos su rvey and O&M plan,the Postal Service has the right to accomplish the work and deduct the cost plus administrative cost s,from future rent payments or recover these costs from Landlo rd by other means, or may,at its sole option,cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises,or any part thereof,are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers,agents,representatives,and employees from all claims,loss, damage,actions,causes of action,expense,fees and/or liability resulting from,brought for,or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. that,to the best of its knowledge, the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances,including friable asbestos materials,as defined by applicable State or Federal law; groundgc (Oct 2009) cc-2 ��+ UNITEDST/�TES General Conditions to USPS Ground Lease POST/�L SERV/CE. b. that,to the best of its knowledge,there are no undisclosed underground storage tanks or associated piping,ACBM,radon,lead-based paint,or lead piping or solder in drinking water systems,on the property;and c. it has not received,nor is it aware of,any notification or other communication from any govemmental or�egulatory entity conceming any environmental condition,or violation or potential violation of any local,state,or federal environmental statute or regulation,existing at or adjacent to the property. 7. FACILITIES NONDISCRIMINATION a. By executing this Lease,the Landlord certifies that it does not and will not maintain or provide for fts employees any segregated facilities at any of its establishments,and that it dces not and will not permit its employees to perform services at any tocation under its control where segregated facilities are maintained. b. The Landlord will insert this Gause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules,regulations, or orders issued under Executive Order 11246. 8. CLAUSES REQUIRED TO IMPLEMENT POLICIES,STATUTES,OR EXECUTIVE ORDERS The following dauses are incorporated in this Lease by reference. The text of incorporated terrns may be found in the Postal Service's Supplying Principles and Practices,accessible at www.usps.com/publications. Ciause 1-1,Privacy Protection(Ju y Clause 1-5,Gratuities or Gifts(March 2006) Clause 1-6,Contingent Fees(March 2006) Clause 42,Contra�t Terms and Condftions Required to Implement Poticies,Statues or Executive Orders(July 2009) Clause 9-3,Davis-Bacon Act(March 2006)' Clause 9-7,Equal Opportunity(March 2006)Z Clause 9-13,A�rmative Action for Handicapped Workers(March 2006)' Clause 9-14,A�rmative Action for Disab/ed Veterans and Veterans of the Vietnam Era(March 2006)� Clause&25,Advertising of Contract Awards(March 2006) Note: For purposes of applying the above standard dauses to this Lease,the terms"supplier,""contractor,"and"lessor"are synonymous with "Landlord,"and the term"contract"is synonymous with"Lease." ' xcess of 6,500 SF and involving construction work over$2,000. 2 For leases aggregating payments of$10,000 or more. 'For leases aggregating payments of$10,000 or more. `For leases aggregating payments of$25,000 or more. groundgc (Oet 2008) cc-3 ��UNITEDST/�TES Exhibit A //POST/�L SERV/CE Legal Description That part of Government Lot 7, Section 28, lying east of Interstate Hwy No 35W and that part of Government Lot 6, Section 28, lying east of west 20 acres thereof of south line. Note: This Is A Partial Metes & Bounds Description. Exhibit A AGENDA SECTION: PUBLIC HEARINGS AGEIVDA ITEM# 6. .� STAFF REPORT NO. 96 s , � . CITY COUNCIL MEETING � 6/23/2015 � REPORT PREPARED BY: Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 6/4/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the approval of new On Sale Intoxicating Liquor and Sunday licenses for GM Rich�eld, LLC, d/b/a Four Points by Sheraton Minneapolis Airport, located at 7745 Lyndale Avenue South. EXECUTIVE SUMMARY: On May 4, 2015, the City received the application materials for new On Sale Intoxicating and Sunday Liquor licenses for GM Richfield, LLC, d/b/a Four Points by Sheraton Minneapolis Airport, located at 7745 Lyndale Avenue South. GM Richfield, LLC acquired Four Points by Sheraton Minneapolis Airport from Financial Guidance, Inc. on May 15, 2015, and is applying for On Sale Intoxicating Liquor and Sunday licenses. The previous owner, Financial Guidance, Inc., had On Sale Intoxicating and Sunday licenses for Four Points by Sheraton Minneapolis Airport. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the background investigation report. None of the information in the report would cause the Public Safety Director to recommend denial of the requested licenses. All required information and documents have been provided.A pro-rated fee for the duration of six months has been received. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the issuance of new On Sale Intoxicating Liquor and Sunday licenses for GM Rich�eld, LLC,d/b/a Four Points by Sheraton Minneapolis Airport, located at 7745 Lyndale Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The app{icant has satisfied the following requirements for issuance of licenses: • The required license fees have been paid. • Real estate taxes are current. • Proof of commercial and liquor liability insurance have been received showing Liberty Mutual affording the coverage. As a result of this being a new request for On Sale Intoxicating and Sunday Liquor licenses, there is no need for an accountant's statement regarding the food/alcohol ratio. As stated in the Executive Summary, the Public Safety Director reviewed the background information and saw no basis for denial. On Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance of On Sale Intoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on June 11, 2015. B. POLICIES (resolutions, ordinances, reaulations,statutes. etc): Richfield City Code Section 1202 requires owners of On Sale Intoxicating and Sunday Liquor license establishments to comply with all the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES: GM Richfield, LLC, has not been able to serve alcoholic beverages since acquring Four Points by Sheraton Minneapolis Airport from Financial Guidance, Inc., on May 15, 2015, due to the fact that their alcohol licenses hadn't yet been approved. They are aware of this and have agreed not to sell alcohol until Council approves of their license. D. FINANCIAL IMPACT: The required licensing fees have been received. E. LEGAL CONSIDERATION: The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. ALTERNATIVE RECOMMENDATIONISI: • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to serve intoxicating liquor; however, Public Safety has found no basis to deny the licenses. • Schedule the hearing for another date. However, this will delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Victoria Nelson -On Premise Manager ATTACHMENTS: Description Type � Summary of Background Investigation-Four Points Backup Material SUMMARY OF BACKGROUND INVESTIGATION FOR GM RICHFIELD, LLC, D/B/A FOUR POINTS BY SHERATON MINNEAPOLIS AIRPORT Officers: Shannon Harvey Gangl— President David Alan Meyer—Vice-President Criminal Histories: Criminal history checks were conducted on the applicants. Since 2009, Shannon Gangl has been a defendant in eleven minor traffic and vehicle-related incidents and currently has a suspended driver's license. Since 2013, David Meyer has had five minor traffic related citations. Victoria Nelson, the On-Premise Manager, had one minor traffic infraction in 2000. Premises: The property is owned by the applicants with a mortgage for the property. The mortgage company on record is First National Bank. Record of Service Calls: Being this is a new business, there are no records of service cal{s. Violations: Being this is a new business, there are no violations for sale of alcohol to underage youth. Routine Information: On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on June 11, 2015. 062315 PH Four Points AGENDA SECTION: RESQLUTIONS AGENDA ITEM# 7. ■J STAFF REPORT NO. 97 s , � • CITY COUNCIL MEETING � 6/23/2015 � REPORT PREPARED BY: Melissa Poehlman, City Planner DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 6/16/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding land use approvals that would allow construction of a community band shell at Veterans Memorial Park. EXECUTIVE SUMMARY: The City of Richfield has long-planned for an outdoor performance facility. The 1985 Veterans Memorial Park Master Plan identified a desire for a 1,500 seat amphitheater; the Richfield 2020 Visioning Project Report (2001) identified a desire for an amphitheater to support an expanded summer concert schedule; and finally, an outdoor pertormance stage is identified as a potential park improvement for Augsburg Park in the City's 2008 Comprehensive Plan. The preparation of these policy documents involved significant input from the community. At the direction of the City Council, a Band Shell Committee was established by the Community Services Commission in August of 2011 and a public meeting was held in December of that year to introduce the idea to the community. A capital campaign feasibility study conducted by the Excelsior Group, Inc., found that there was support for the Richfield Parks System in general, including the concept of building a band shell. Surveys conducted online and at summer concerts during the 2013 season indicated a slight preference for Veterans Park as the location of the band shell. In February of 2014, the City Council adopted a resolution to officially declare Veterans Park as a preferred band shell site over Augsburg Park and the Lyndale Gardens site. A new planning and fundraising Band Shell Task Force was formed in February of 2014. The group has met approximately once a month to discuss issues related to moving the project forward. The proposed plans are the culmination of this multi-year process. The proposed band shell would be constructed to the east of the Ice Arena. The selection of Veterans Park as the location of the band shell will help to ensure that ample parking is available to concert attendees. There are two large City-owned lots on-site and for exceptionally large events the American Legion is willing to lease excess parking to the City. The fact that the City controls all facilities, rentals, and permits at this location gives the City the ability to adjust programming and reduce the possibility of spill-over parking in the adjacent neighborhoods. The design and materials of the proposed structure have been modified based on community and Task Force feedback. The back of the structure has been opened up to provide a natural backdrop, and steel and stone architectural elements have been added. The proposed plans meet stormwater management requirements and no undue adverse impact to wildlife is anticipated. The City has discussed noise issues with other cities that operate band shells as well as with the Minnesota Pollution Control Noise experts. A Noise Control Plan to ensure that noise levels are kept within reasonable limits has been proposed. The Planning Commission conducted a public hearing related to the band shell proposal on May 27, 2015. A number of people voiced opposition to the project for a variety of reasons including aesthetics and a perceived detriment to area wildlife. Summary minutes have been provided for reference. The Planning Commission voted to recommend approval of the proposed plans(4-1, Vrieze Daniels dissenting). RECOMMENDED ACTION: By motion: Approve the resolution allowing construction of a community band shell at 800 66th Street East(Veterans Memorial Park). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The community and Council have identified construction of a band shell in a community park as a goal in a variety of long-range plans, as discussed in the Executive Summary. B. POLICIES (resolutions,ordinances. reuulations,statutes,etc1: Parks and related recreational facilities owned by a governmental unit are permitted in all zoning districts. Site plan approval is required prior to the construction of any building in the City. General Requirements The proposed band shell meets alf dimensional (setback, height, bulk, lot coverage, impervious surface) requirements for nonresidential buildings as stated in Section 514 of the Code. Pertormance standards related to screening, architectural design, stormwater management, and lighting are all met. Final material selections must be approved by the Community Development Department to ensure compliance with Zoning Code requirements. A final landscaping plan with additional parking lot screening added along the eastern edge of the south parking lot shall be required prior to the issuance of building permits. Landscaping along the southern edge of the parking lot should be considered as part of the reconstruction of 66th Street. Parking The Code requires 90 parking stalls for a public place of assembly of this size that is within one-quarter mile of a frequently operating transit line. The lot immediately adjacent to the proposed band shell can accommodate 175 vehicles. The northern pavilion parking lot can hold an additional 110 vehicles and an agreement with the American Legion would allow shared parking for exceptionally large crowds. Additionally, the Richfield Recreation Department operates both the Ice Arena and the Pool, and will program the band shell facility such that events are not scheduled simultaneously. The available parking, in addition to the fact that many users will potentially use alternate modes of transportation (bike, walk), exceeds Code requirements. Noise To comply with Code Section 930 related to noise, the following Noise Control Plan will be established: All band shell performances shall be conducted by permit through the Recreation Services Department. A staff member of the Recreation Services Department will be present at all performances and will monitor the use of sound equipment and noise levels to ensure compliance with City Codes. A noise monitoring device will be required to be stored at the site at all times and noise measurements will be taken by City staff at intervals throughout each perFormance. No performances will be permitted beyond 10:00 p.m. or earlier than 7:00 a.m. unless approved by the City Council through a Community Event License. General Criteria for Site Plan Evaluation ln evaluating a site p{an, the Planning Commission and Council shall consider its compliance with the seven criteria outlined in Subsection 547.13 of the City Code. A full discussion of these requirements is provided as an attachment to this report. In general, the Council must consider the following: • Consistency with the various elements and objectives of the Comprehensive Plan and other long- range plans; • Site and building designs that offer integrated and thoughtful transitions from adjacent land and buildings; • Functional connections for drivers, pedestrians and bicyclists; • Energy-conservation through site or building design; and • Protection of adjacent and neighboring properties from substantial negative effects. C. CRITICAL TIMING ISSUES: • 60-DAY RULE: The 60-day clock'started'when a complete application was received on May 11, 2015. A decision is required by July 10, 2015 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total)for issuing a decision. • If approved tonight, construction is anticipated to begin this year. Delay in a decision may result in construction being pushed to 2016. • A contract with Linner Architects for preparation of construction documents is scheduled to be considered tonight by the Council. If the proposed plans are either tabled or rejected, the Council should consider removing this subsequent item from tonight's agenda. D. FINANCIAL IMPACT: The total budget for the band shell project is$400,000. • Sources: • $250,000-Capital Improvement Budget • $75,000-Additional City funds approve by Council (July 8, 2014) • $75,000 -Donations E. LEGAL CONSIDERATION: • A public hearing was held before the Planning Commission on May 27, 2015. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the site. • Minutes from the Planning Commission meeting are attached for reference. • The Planning Commission recommended approval of the request(4-1, Vrieze Daniels dissenting). ALTERNATIVE RECOMMENDATION(SL: • Recommend approval of the attached resolution with modifications. • Recommend denial with findings that the proposal does not meet requirements. PRINCIPAL PARTIES EXPECTED AT MEETING: Jim Topitzhofer, Recreation Services Director ATTACHMENTS: Description Type o Resolution Resolution Letter a Requirements document Backup Material Cf Proposed plans Exhibit ❑ Draft Planning Commission Minutes Cover Memo � Planning &Zoning Maps Exhibit RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN TO ALLOW A COMMUNITY BAND SHELL AT VETERANS MEMORIAL PARK WHEREAS, an application has been filed with the City of Richfield which requests approval of site plan to allow a community band shell Veterans Memorial Park; WHEREAS, the requested site plan has been reviewed by the City Council and meets City requirements; and WHEREAS, the proposed site plan will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval of the site plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. A site plan for a community band shell as described in City Council Report No. , on the Subject Property legally described above is approved. 3. The approved site plan is subject to the following conditions: • Final building material selections must be approved by the Community Development Director prior to the issuance of a building permit; • A final landscape plan including shade trees along the eastern parking lot edge is required. The final landscape plan, including tree/plant selection, must be approved by the Community Development and Public Works Departments; • A Noise Control Plan similar to, or more robust than, that described City Council Report No. must be continuously in place; • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report and compliance with all other City and State regulations. Permits are required prior to the commencement of any work; • This approval shall expire one year following the date of approval unless the use has commenced or a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Site Plan Approval (Subsection 547.13) In evaluating a site plan, the Planning Commission and Council shall consider its compliance with the following: a) Consistency with the various elements and objectives of the City's long range plans including, but not limited to, the Comprehensive Plan. A community band shell and/or amphitheater has been identified in numerous long-range policy documents over the past many years. These documents include the 1985 Veterans Memorial Park Master Plan, the 2001 Richfield 2020 Visioning Report, and the 2008 Comprehensive Plan. b) Consistency with the purposes of the Zoning Code. The purposes of the Zoning Code include: assisting in the implementation of the Comprehensive Plan; creating harmonious and workable relationships among land uses; and more. The proposal is not inconsistent with the purposes of the Zoning Code. c) Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas. The proposed building has been designed so as to compliment the surrounding area. d) Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development. Building materials, building location and building orientation have all been designed to coordinate with the surrounding natural and man-made amenities, in addition to the nearby residential neighborhoods. e) Creation of a functional and harmonious design for structures and site features including: i. Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community; ii. Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development; iii. Appropriateness of the materials, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions; and iv. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. The proposed plans address internal circulation through the provision of adequate parking on site; additional accessible parking spaces and an accessible walkway; convenient additional bicycle parking; and integration with existing park paths/walkways. The building and location are sensitive to the surrounding buildings and park. fl Creation of an energy-conserving design through design location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. As a protective measure for area birds, no glass will be used in the structure. g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. Adequate provisions are in place to protect neighboring land uses from substantial effects, including a noise control plan. 1 � ___ _ � ; � � � . 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Chairperson Jabs called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES M/Rosenberg, S/Vrieze Daniels to approve the minutes of the March 23, 2015 regular meeting. Motion carried: 5-0. OPEN FORUM No members of the public spoke. PUBLIC HEARING(S) ITEM #1 15-SP-01 — Consider a request for site plan approval to allow demolition of an existing 2,211 sq. ft. building (7528 Lyndale Avenue) and construction of a new two�story addition to the existing building at 7524 Lyndale Avenue. City Planner Melissa Poehlman presented the staff report. M/Rosenberg, S/Vizecky to close the public hearing. Motion carried: 5-0 May 27, 2015 M/Rosenberg, S/Vizecky to recommend approval of the Site Plan. Motion carried: 5-0 ITEM #2 15-IUP-01 —Consider a request for an interim use permit to allow a temporary 75- foot telecommunications tower at 6401 Penn Avenue. Planning Technician Matt Brillhart presented the staff report. M/Vrieze Daniels, S/Vizecky to close the public hearing. Motion carried: 5-0 M/Vizecky, S/ Rosenberg to recommend approval of the Interim Use Permit. Motion carried: 5-0 ITEM #3 15-SP-02—Consider request for site plan approval to allow construction of a community band shell at Veterans Park. Poehlman presented the staff report. Chair Jabs asked speakers to sign in and limit comments to three minutes or less. Eleven speakers expressed various concerns with the location, design, materials, sustainability, funding, and potential noise impacts of the proposed bandshell. Speakers also stated concerns regarding potential impacts on wetlands and bird species at Veterans Park. Speakers also stated concerns that the bandshell would be duplicative, referencing the possibility of a bandshell at the Lyndale Gardens redevelopment site. One speaker noted support for the bandshell by the Richfield Symphonic Band. The following individuals spoke at the public hearing: Ann Lau hlin Minnea olis Audubon Societ Mar aret Scheirman 6856 Oliver Ave Bir it Johnson 6332 13 Ave Carol Pro otnik 6400 11 Ave Steve Lavictoire 4308 15 Ave Minnea olis Heidi Gaibor 6915 Wentworth Ave Steve Harris 6715 Portland Ave Grover podds 6612 12 Ave Rene Anderson 701 66 St E Julie O itz 6500 12 Ave Susan M ers 6226 4 Ave Jon Cla 6600 Columbus Ave Robert Hall 7309 Oliver Ave 2 May 27, 2015 M/Rosenberg, S/Hayford Oleary to close the public hearing. Motion carried: 5-0 In response to questions from Commission Hayford Oleary, Nature Center Director Karen Shragg stated that the Raptor Center and Minnesota DNR had been consulted and did not anticipate impacts on birds at Veterans Park. Recreation Services Director James Topitzhofer stated that the proposed hours were written to match the City's noise ordinance. In response to questions from Commissioner Vrieze Daniels, Topitzhofer stated that most performances would be small groups. The present budget did not include sound amplification equipment, but groups could provide their own equipment. Topitzhofer stated that noise levels would be monitored on site, and further described noise ordinance thresholds, set by the Minnesota Pollution Control Agency. Poehlman stated that The Cornerstone Group had not yet applied for building permits for the Lyndale Gardens site, but had recently been granted an extension by the City Council. In response to a question from Commission Hayford Oleary, Topitzhofer stated that the City Council had voted to select the Veterans Park site over the Lyndale Gardens site, citing issues regarding site ownership and parking availability at Lyndale Gardens. M/Rosenberg, S/Vizecky to recommend approval of the Site Plan. Commissioner Vrieze Daniels stated concerns regarding noise levels and the lack of information on that issue. Motion carried:4-1 (Vrieze Daniels dissenting) NEW BUSINESS None. OLD BUSINESS None. LIAISON REPORTS Community Services Advisory Commission: Commissioner Rosenberg City Council: No report HRA: Commissioner Vrieze Daniels Richfield School Board: No report Transportation Commission: Commissioner Hayford Oleary Chamber of Commerce: Commissioner Vizecky 3 May 27, 2015 CITY PLANNER'S REPORT Poehlman noted that training sessions were available for commissioners if interested. ADJOURNMENT M/Vizecky, S/Hayford Oleary to adjourn the meeting. Motion carried: 5-0 The meeting was adjourned by unanimous consent at 8:08 p.m. Gordon Vizecky Secretary 4 Veterans Park Bandshell Site Plan 6/2015 Surrounding Zoning �S �� H�f�lY6 HIGHWqY 62 OR ��"�— R _ _._- R R R —j R R _ R R R -- R ` o -� _ : . ; ` -- 0 R _ _ R - R R ��I } � °v � ;_ ` - - �_ R R R il R R �- r ;�J � � J °J-. D . 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I . ___ — --� - — � -_ .-. _ -- _- __ -- —� I I�— ' � - I I � 67 H _ --- -- - _- -- .--1 - -- -- -- _ ---- r— --- Feet p 25p 500 1,000 1,500 2,000 PRK-Parkland 1�I LDR- Low Density Residential 1 V MDR- Medium Density Residential MHD -Medium-High Density Residential HDR- High Density Residential CC- Community Commercial NC- Neighborhood Commercial Path: I:\GIS\Community Development\StafflPlanning Tech\Projects\Vets Park Bandshell CP.mxd � AGENDA SECTION: OTHER BUStNESS AGENDA ITEM# 8. ■�' STAFF REPORT NO. 98 s , �. CITY COUNCIL MEETING , 6/23/2015 �� REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director 6/16/2015 OTHER DEPARTMENT REVIEW: Mary Tietjen,City Attorney CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of the agreement between the City of Richfield and David Linner Architects for professional services in the design of a community band she{I. EXECUTIVE SUMMARY: On June 13, 2015,the Band Shell Committee passed a motion to recommend City Council to enter in an agreement with David Linner Architects to prepare final drawings, specifications and construction documents for the band shell project, and to pertorm construction phase services. The Band Shell Task Force was initially working with Bentz/Thompson/Reitow(BTR) to develop a conceptual design for the Band Shell. The Task Force reached a dead-end earlier this year with the discovery of bad soils in the proposed site in Veterans Memorial Park, bringing the project over budget. The Task Force then began looking for ways to reduce the project cost including redesign and finding a qualifled architect and engineer to perForm the needed work for less money. Local architect David Linner was selected for his past experience in designing band shells and his favorable fee. David Linner, has more than 20 years of experience and has recently designed a band shell for the City of Victoria. The attached contract outlines the basic services including schematic design phase, design development phase, construction documents, bidding phase and construction phase for a sum of$30,000. If the City would have retained BTR for the project, their fee would have been 17% of the construction cost, or about $59,674 including the cost of their conceptual design fee of$18,000. The total project budget is $400,000 and the anticipated project schedule is as follows: Council consideration of Architect Contract June 23, 2015 Construction Documents Completed July 21 Bid Opening August 13 Council Considers Construction Contract September 8 Construction Begins September 9 Substantial Completion November 20 RECOMMENDED ACTION: By Motion: Approve the agreement between the City of Richfield and David Linner Architects to perform professional services in the design of a community band shell in the amount of$30,000. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The City of Richfield has adopted the Richfield 2020 Visions Strategic Plan and the 2008 Revised Parks Master Plan, which both include recommendations to construct a band shell on park property. City Council was presented general information about the benefits and costs of band shell facilities at their study session on June 28, 2011 and directed staff to continue planning a Band Shell project. A band shell committee was established by the Community Services Commission, with committee members actively planning a potential project since August 11, 2011. A public meeting was conducted on December 18, 2012, introducing the idea of a community band shell. A capital campaign feasibility study was conducted by F�ccelsior Group, Inc.; finding that there was widespread support for the Richfield parks system in general, including the concept of building a band shell. The Band Shell Committee initially considered all parks as a possible band shell site. The Committee used the below criteria and the three parks that received the highest scores were Augsburg Park, Lyndale Gardens, and Veterans Park. Scoring results of the top three locations include: • Existing Grade for Seating • Parking • Compatibility to Other Uses • Restrooms and Water Fountain • Aesthetics • General Accessibility • Shade • Airport Noise • Concessions • Neighborhood Buffer Surveys at Summer Concerts in 2013 were conducted by the Community Services Commission to gain feedback from the public on the top three site choices. The results of 299 written surveys collected at the concerts indicated that Veterans Memorial Park was slightly favored in the areas of street noise, parking and site aesthetics. The results of 308 online surveys indicated that Lyndale Gardens was slightly favored in the areas of airplane noise, street noise, accessibility and site aesthetics. Overall the combined survey results slightly favored Veterans Park by a small margin. City Council approved a transitory ordinance on March 10, 2015 including an expenditure of $250,000 for the Band Shell from the Recreation Fund (Liquor Store Proceeds). City Council approved a request for additional City funding of the Band Shell on July 8, 2015 in the amount of$75,000. The Planning Commission approved a site plan for the band shell and conducted a public hearing on May 27, 2015. B. POLICIES(resolutions, ordinances, reaulations,statutes,etc): Under the City's Purchasing and Spending Authority Policy, all contracts from $25,000 to $100,000 must be approved by City Council. C. CRITICAL TIMING ISSUES: Pending approval of the attached agreement, the bid opening for this project is scheduled on August 13, 2015 and Council consideration of construction contract is scheduled on September 8, 2015. This schedule will allow construction of the facility to begin this fall with the potential of substantial completion on November 20, 2015. Delay of the attached architect agreement could delay construction of the band shell to next spring. D. FINANCIAL IMPACT: The total project budget is $400,000. Funding for the project comes from two sources. The City has appropriated funds in the amount of$325,000 and the remaining funds come from fundraising efforts: City Contribution (2015 CIP) $250,000 Additional City Contribution $75,000 Task Force Fundraising Proceeds 75 000 Total Project Budget $400,000 So far, $75,817 of donations have been pledged to date and additional fundraising efforts are being planned. If additional funding efforts are successful, other enhancements will be planned including sound and light equipment, landscaping, a memorial garden and other items. However, it is not the intention of the Band Shell Task Force to request any additional City funds for this project. E. LEGAL CONSIDERATION: The City Attorney has reviewed and prepared revisions to the attached agreement. ALTERNATIVE RECOMMENDATION(S1: Alternative recommendations include rejecting the contract or renegotiating the contraet. Either recommendation would delay or discontinue the project. PRINCIPAL PARTIES EXPECTED AT MEETING: David Linner, Owner of David Linner Architects Rick Jabs, Band Shell Task Force Chair David Butler, Band Shell Task Force Fundraising Coordinator Band Shell Task Force Members ATTACH M ENTS: Description Type ❑ Architect Agreement Contract/Agreement o Exhibit A Architect Hourly Rates Backup Material ❑ ArchitecYs Insurance Certificate Backup Material ��Y' � � TM -�� Document B101 — 2007 Standard Form of Agreement Between Owner and Architect AGREEM ENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added information needed for its Ci of Richfield completion.The author may also tY have revised the text of the original 6700 Portland Avenue AIA standard form.An Additions and Richfield,MN 55423 Deletions Report that notes added information as well as revisions to the standard form text is available and the Architect: from the author and should be (Name, legal status, address and other information) reviewed.A vertical line in the left margin of this document indicates David Linner Architects where the author has added 10100 Morgan Avenue necessary information and where Bloomington,MN 55431 the author has added to or deleted from the original AIA text. This document has important legal for the following Project: consequences.Consultation with an (Name, location and detailed description) attorney is encouraged with respect Ito its completion or modification. City of Richfield Veteran's Park Community Bandshell The Owner and Architect agree as follows. AIA Document B701 TM—2007�formerly B151 T'"—1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution � of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which e�ires on 04/O6/2016,and is notforresaie. 1832275283) User Notes: � TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A,Initial Information: (Complete Exhibit A,Initial Information,and incorporate it into the Agreement at Section 13.2,or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Worl� authorized representatives, anticipated procurement method, and other information relevant to the Project.) The Owners Program for the Project: The project is described as a community band shell to be constructed in Veterans Memorial Park,636 East 66"' Street,Richfield,Minnesota. The Projects Physical Characteristics: The approximate stage size is 30 feet x 46 feet and is raised 2 feet from ground level.The structure will have a gable roof that is slanted to project sound forward. The Owners Budget for the Scope of Work: $400,000 The Owners Anticipated Schedule for the Work: Drawings and construction documents are to be completed by July 21,2015,bid opening scheduled on August 13, 2015,construction begins on September 8,2015 and substantial completion by November 20,2015. The Owners Intent to Procure the Project: City Council will consider awarding a contract to the lowest bidder in accordance with State bidding law. Init. '�`�A Document B101 TM—2007�formerly B151 T'"—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 2 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. UserNotes: (1832275283) Owners Designated Representative: Jim Topitzhofer,Recreation Services Director Professional Services Retained under this Agreement: Architecture,Civil,Electrical, Structural Engineering § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: I September 8,2015 .2 Substantial Completion date: � November 20,2015 § 1.3 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the schedule,the ArchitecYs services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.T'he Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall furnish proof of insurance confirming that it has procured the foregoing required insurance coverages prior to execution of this Agreement. Such proof shall also confirm that the insurer has agreed that it will not cancel the insurance without giving the Owner thirty(30)days advance written notice of its intent to cancel.The Architect shall likewise demand from its consultants proof of insuxance meeting the foregoing requirements as a condition precedent to their engagement to perform services on the Project. (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability � See attached Certificate of Liability Insurance .2 Automobile Liability � See attached Certificate of Liability Insurance .3 Workers' Compensation � See attached Certificate of Liability Insurance .4 Professional Liability AIA Document 8101 T"'—2007�fortnerly 6151 TM-1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 3 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is notforresale. UserNotes: (1832275283) I See attached Certificate of Liability Insurance ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES I § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural,civil,and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services,consult with the Owner,research applicable design criteria,attend Project meetings,communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants.The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit for the Owner's approval a schedule for the performance of the ArchitecYs services.The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Informarion. The schedule shall include allowances for periods of time required for the Owner's review,far the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,rime limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect ar Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall,at appropriate times,contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project.In designing the Project,the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Arcl�itect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and the proposed procurement or delivery method and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project,including the feasibility of incorporating environmentally responsible design approaches.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner,the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.A single concept design option will be developed.Development of multiple options or development of estimates for mulriple design options will be billed hourly in addition to the basic scope.The Architect may identify bidding alternates for singular systems or components to balance the scope of the work with the Owner's available budget, § 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Owner's approval.The Schematic Design Documents shall consist of drawings and other AIA Document B101 TM—2007�fortnerly B151 TM-1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 4 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum e�ctent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which e�ires on 04/O6/2016,and is not for resale. User Notes: (1832275283) documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital modeling.Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials,building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3.Upon completion of the approved Schematic Design,if the scope or Cost of the Work has increased from the anticipated values provided in Article 1,the Architect's services and fee shall be increased to compensate for the additional Scope of Work. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and request the Owner's approval.Any material changes to the procurement method,design concept,scope,architectural features or other previously approved elements shall constitute a change in services. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's written approval of the Schematic Design Documents,and on the Owner's written authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,and electrical systems,and such other elements as may be appropriate.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels.Audio visual and special stage lighting is not included in the Scope of Work. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's written approval of the Design Development Documents,and on the Owner's written authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construcrion of the Work.The Owner and Architect acknowledge that in order to conshuct the Work the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 T'he Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of(1)bidding and procurement information that describes the time,place and conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Owner and Contractor;and(3)the Conditions of the Contract for Construction(General,Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. AIA Document 6101 TM'—2007�fortnerly B151 TM-1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 5 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/O6/2016,and is not for resale. User Notes: (1832275283) § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors.Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner in(1)obtaining either competitive bids or negotiated proposals;(2)confirnung responsiveness of bids or proposals;(3)determuung the successful bid or proposal,if any;and,(4)awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders,requesting their return upon completion of the bidding process,and maintaining a log of distribution and retrieval and of the amounts of deposits,if any,received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda;and .5 organizing and conducting the opening of the bids,and subsequently documenting and distributing the bidding results,as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 NEGOTIATED PROPOSALS � (Paragraphs deleted) § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM 2007,General Conditions of the Contract for Construction.If the Owner and Contractor modify AIA Document A201-2007,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work.Subject to the requirements of Sections 2.2 and 3.6.2.1,the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terininates on the date the Architect issues the final Certificate for Payment. AIA Document B107 T"—2007�fortnerly B151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. �served.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 6 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities perfornung portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and sha11 not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Inirial Decision Maker,as that term is defined in AIA Document A201-2007,the Architect shall render initial decisions on Claims by the Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractar's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval.The Architect's action in reviewing submittals shall be taken in accordance with the approved AIA Document B101 T"'—2007�fortnerly B157 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 7 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which e�ires on 04/06/2016,and is not for resale. UserNotes: (9832275283) submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect-approved submittal schedule,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of any deviation from the requirements of the Contract Documents unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation,of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The ArchitecYs approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth in the Contract Documents the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 43,the Architect shall prepare Change Orders and Construcrion Change Directives for the Owner's approval and execution in accardance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect,upon receipt of written request by the Contractor and Owner,shall schedule and conduct one(1)Punch List/Substantial Completion inspection of the area of work.When the Architect determines the date of Substantial Completion and Final Completion,the Architect shall issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Contractor;and issue a final Certificate for Payment based upon a final inspection indicating the Wark complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. AIA Document B101 T""—2007 ifortnerly B151 TM'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. �served.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 8 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/O6/2016,and is notforresale. User Notes: (1832275283) § 3.6.6.3 When the Work is found to be substantially complete,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum,if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Contractor under the Contract Documents. I § 3.6.6.5 Prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below.In the third column indicate whether the service description is located in Section 4.2 or in an attached e,xhibit.If in an exhibit, ident�the exhibit.) Additional Services Responsibility Location of Service Description (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified below) 4.1.1 Pro rammin B202TM-2009 Architect 4.1.2 Multi le relimin desi s Architect Up to Two 4.1.3 Measured drawin s N/A N/A 4.1.4 Existin facilities surve s Owner 4.1.5 Site Evaluation and Plannin B203TM-2007 Architect § 4.1.6 Building Information Modeling Not Provided Additional Services (E202T�2008) 4.1.7 Civil en ineerin Not Provided Foundation Design 4.1.8 Landsca e desi Not Provided Additional Services § 4.1.9 Architectural Interior Design(B252TM-2007) Not Provided Additional Services 4.1.10 Value Anal is B204TM-2007 Not Provided Additional Services 4.1.11 Detailed cost estimatin Architect Additional Services 4.1.12 On-site Pro'ect R resentation B207T"'2008 Not Provided Additional Services 4.1.13 Conformed construction documents Not Provided Additional Services 4.1.14 As-Desi ed Recard drawin s Architect Additional Services 4.1.15 As-Constructed Record drawin s Not Provided Additional Services 4.1.16 Post occu anc evaluation Not Provided Additional Services 4.1.17 Facili Su ort Services B210T"'�2007 Not Provided Additional Services 4.1.18 Tenant-related services Not Provided Additional Services 4.1.19 Coordination of Owner's consultants Not Provided Additional Services 4.1.20 Telecommunications/data desi Not Provided Additional Services § 4.1.21 Security Evaluation and Planning Not Provided Additional Services �B2�6TM-2�� 4.1.22 Commissionin B211TM-2007 Not Provided Additional Services 4.1.23 Extensive environmentall res onsible desi Not Provided Additional Services 4.1.24 LEED Certification 214TM-2012 Not Provided Additional Services 4.1.25 Fast-track desi services Not Provided 4.1.26 Historic Preservation B205T"'-2007 N/A N/A § 4.1.27 Furniture,Furnishings,and Equipment Design Not Provided �B253TM-2�� 4.1.28 Public Meetin Process Architect One(1)is included 4.1.29 Ener Modelin Not Provided Additional Services AIA Document 6101 T"'—2007 Sfortnerly 8751 TM-1997).Copyright�O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 9 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. UserNotes: (1832275283) 4.1.30 Storm Water Mana ement Desi n Not Provided Additional Services 4.1.31 Utili Munici al Connections/Desi Not Provided Additional Services 4.1.32 Environmental Assessment/Im act Owner 4.1.33 Seismic/Tornado Anal sis Architect Included 4.1.34 Dee Foundation Anal sis Architect Included 4.1.35 Wa Findin /Si a e Not Provided N/A 4.1.36 Mass Notification Not Provided Additional Services 4.1.37 Ener Mana ement Audit Not Provided Additional Services 4.1.38 General Buildin Li htin Controls Architect Included 4.1.39 Audio Visual Desi Not Provided Additional Services 4.1.40 Fire Marshal Review Owner 4.1.41 Multi le Bid Packa es Not Provided Additional Services 4.1.42 S ecial Sta e Li tin Not Provided Additional Services § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility,if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including,but not limited to,size,quality, complexity,the Owner's schedule or budget for Cost of the Work,or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives,such as unique system designs,in-depth material research,energy modeling,or LEED� certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes,laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,and attendance at,a public presentation,meeting or hearing; .8 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker,if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If the Owner subsequently deternvnes that all or parts of those services are not required,the Owner shall give prompt written notice to the Architect,and the Owner shall have no further obligation to compensate the Architect for those services: AIA Document B101 TM—2007�fortneAy B157 T"'—1997).Copyright�O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution �� of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is notforresale. UserNotes: (1832275283) .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data,or the preparation or revision of Instruments of Service,except that the Architect's Basic Services shall include preparing Change Orders or Constructive Change Directives when the need therefor arises from the Architect's error or omission; .4 Evaluating more than 5 Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom;or .6 To the extent the Architect's Basic Services are affected,providing Construction Phase Services 60 days after(1)the date of Substantial Completion of the Work or(2)the anticipated date of Substantial Completion identified in Initial Information,whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: .1 One ( 1 )reviews of each Shop Drawing,Product Data item,sample and similar submittal of the Contractor .2 Four ( 4 )visits to the site by the Architect over the duration of the Project during construction .3 One ( 1 )inspections for any portion of the Work to deternune whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 )inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within twelve ( 12 )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements.Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.If tt�e Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect.The Owner and the Architect shall thereafter agee to a corresponding change in the Project's scope and quality. § 5.2.1 Reasonable contingencies shall be deternuned in consultation with the Architect as appropriate for the type of project to pay for changes which occur during the course of the design and changes in the Work during construction of the Project for: 1)revisions requested by the Owner;2)concealed or unknown conditions encountered;and 3)an allowance for errors and omissions in the Conshuction Documents consistent with Section 2.2 of this Agreement.No other representation to the Owner,and no warranty or guarantee,either express or implied,is included or intended in this Agreement or in any document prepared by the Architect. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf only with respect to specific matters delegated to the representative in writing by the City Council.In no event shall the Owner's representative have authority to agree to any adjustments in the Contract Sum or Contract Time,unless expressly authorized to do so in writing by the City Council.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. AIA Document 6101 TM—2007�formerly B151 TM'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 11 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mazimum extent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) § 5.4 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restricrions,boundaries and contours of the site;locations,dimensions and necessary data with respect to existing buildings,other improvements and trees; and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers,which may include but are not limited to test borings,test pits,deternunations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations,including a provision for a conference to review the Architect's plans and specifications and a letter from the geotechnical engineers stating that the final plans and specifications have complied with the intent of the foundation investigation and meet or exceed the recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.8 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement,or when direct communications have been specially authorized,the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents.The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. I § 5.11 The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors'general conditions costs, overhead and profit.The Cost of the Work dces not include the compensation of the Architect,the costs of the land, rights-of-way,financing,contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Wark is provided in Initial Information,and may be adjusted throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost of the Work,the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect,represent the Architect's judgment as a design professional.It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials or equipment;the Contractor's methods of determining bid prices; or competitive bidding,market or negotiating conditions.Accordingly,the Architect cannot AIA Document B701 TM'—2007 sfortnerly B151 T"'—7997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution �2 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which e�ires on 04/06/2016,and is not for resale. User Notes: (1832275283) and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work,the Architect shall be pernutted to include contingencies for design,bidding and price escalation;to dete�Ynine what materials,equipment,component systems and types of construction are to be included in the Contract Documents;to make reasonable adjustments in the program and scope of the Project;and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work.The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques.If the Owner requests detailed cost estimating services,the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,through no fault of the Architect,the Owner's budget for the Cost of the Wark shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4,the Architect,without additional compensation,shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services,or the budget as adjusted under Section 6.6.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project.If the Owner and Architect intend to transmit Instruments of Service ar any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section pernuts the Owner to authorize the Contractor, Subcontractors,Sub-subcontractors,and material or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely and exclusively for use in perfornung services or construction for the Project. In the event of ternunation,the Owner's non-exclusive license to use the Instruments of Service shall be governed by Section 9.8. AIA Document B101 T'"—2007 fortnerly 6151 T""—1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 13 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which e�ires on 04/06/2016,and is notforresale. UserNotes: (1832275283) i � (Paragraph deleted) § 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.'The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or otherwise,against the other arising out of or related to this Agreement m accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by.property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties enumerated herein. � (Paragraph deleted) § 8.2 MEDIATION § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation.Mediation is not a condition precedent to commencing litigation,but if litigation is commenced,the parties agree to mediate before any dispositive motions or trial. § 8.2.2 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Arbitrarion pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other(Specify) ( (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 Except for amounts that are the subject of a good faith dispute,if the Owner fails to make payments to the Architect in accordance with this Ageement,such failure shall be considered substantial nonperformance and cause for tennination or,at the Architect's option,cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services,the Architect shall give seven days' written notice to the Owner before AIA Document B701'"�—2007 Sfortnerly 6761 T""—7997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 14 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which eupires on 04/O6/2016,and is not for resale. 1832275283) User Notes: � suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums that are not the subject of a good faith dispute due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project far more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may ternunate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of ternunation not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated,plus an amount for the ArchitecYs anticipated profit on the value of the services not performed by the Architect. § 9.8 In the event of Ternunation,and upon payment to the Architect of all sums due that are not the subject of a good faith dispute,the Owner and its designated agents and consultants,shall have a non-exclusive license to use the Architect's,and its consultant's,Instruments of Service,documents,data,and recards relating to the Project,in the condition they were in on the date of Tennination,for the limited purpose of completing,operating,and maintaining the Project.The Architect's contracts with its consultants shall incorporate provisions whereby its consultants agee to be bound by the terms of this section.Upon request,the Architect and its consultants shall promptly furnish the Owner with legible copies of their Instrwnents of Service,documents,data,and records relating to the Project,and the Owner shall reimburse the Architect and its consultants for their reasonable copying and clerical expenses therefor. ARTICLE 10 MISCELLANEOUS PROVISIONS � § 10.1 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 2007,General Conditions of the Contract for Construcrion. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. AIA Document 6101 T"'—2007 Sformerly 6151 TM—7997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 15 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. UserNotes: (1832275283) § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 T'he Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as"confidential"or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees,(2)those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project,or(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information. § 10.9 Pursuant to Minnesota Statutes§ 16C.05,Subd. 5,Architect agrees that the books,records,documents,and accounting procedures and practices of Architect,that are relevant to the contract or transaction,are subject to examination by the Owner and the state auditor for a minimum of six years. Architect sha11 maintain such records for a minimum of six years after final payment. § 10.10 Pursuant to Minnesota Statutes§ 13.05,Subd. 11,a11 of the data created,collected,received,stored,used, maintained,or disseminated by Architect in performing this contract is subject to the requirements of the Minnesota Government Data Practices Act("MGDPA"),Minnesota Statutes Chapter 13,and Architect must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes§ 13.08 apply to Architect. Architect does not have a duty to provide access to public data to the public if the public data are available from the Owner. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: (Insert amount of,or basis for, compensation.) Basic Services,as described in Article 1 are as follows: Architectural,Electrical,Structural Design and Cost Estimating $30,000 § 11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows: (Insert amount of,or basis for,compensation.If necessary, list specific services to which particular methods of compensation apply.) § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.3,the Owner shall compensate the Architect as follows: (Insert amount of,or basis for compensation.) § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3,shall be the amount invoiced to the Architect plus one and one tenth percent( 1.1 %),or as otherwise stated below: AIA Document B101 TM—2007 Sformerly B751 TM'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution �s of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum eutent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18l2015 under Order No.6638754078_1 which expires on 04/06/2016,and is notforresale. User Notes: (1832275283) § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase twenty percent ( 20 %) Design Development Phase twenty-five percent ( 25 %) Construction Documents thirty-five percent ( 35 %) Phase Bidding or Negotiation Phase five percent ( 5 %) Construction Phase fifteen percent ( 15 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions,in accordance with the schedule set forth in Section 11.5 based on(1)the lowest bona fide bid or negotiated proposal,ar(2)if no such bid or proposal is received,the most recent estimate of the Cost of the Work for such portions of the Project.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) � E�ibit A Employee or Category Rate � (Paragraphs deleted) § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE In the event this Agreement is te�niinated,the Owner's right to use the Architect's Instruments of Service shall be governed by Section 9.8. § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 Unless otherwise agreed,payrnents for services shall be made monthly in proportion to services performed.Payrnents are due and payable upon presentation of the Architect's invoice.Amounts unpaid forty-five ( 45 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) twelve percent (12%) per annum § 11.10.2 (Paragraphs deleted) The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect.The Owner's right,if any,to offset sums due the Architect shall be governed by applicable law. § 11.10.3 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. � (Paragraphs deleted) AIA Document B101 T'"—2007 fortnerly 6151 T"'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. �served.WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution �7 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mauimum extent possible � under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/O6/2016,and is not for resale. 1832275283) User Notes: � ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B101T'"-2007,Standard Form Agreement Between Owner and Architect I (Paragraphs deleted) .2 Other documents: (List other documents, if any, including Exhibit A,Initial Information, and additional scopes of service, if any,forming part of the Agreement.) I Exhibit A—Hourly Rate Schedule This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) I David P.Linner President (Printed name and title) (Printed name and title) AIA Document B701 TM—2007�formerly B151 TM-1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution �8 of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible � under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resaie. User Notes: (1832275283) Additions and Deletions Report for AIA�Document B101TM— 2007 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 09:30:21 on 06/18/2015. PAGE1 Citv of Richfield 6700 Portland Avenue Richfield.MN 55423 David Linner Architects 10100 Morgan Avenue Bloomington,MN 55431 City of Richfield Veteran's Park Communitv Bandshell PAGE2 The Owners ProQram for the Proiect: The proiect is described as a communitv band shell to be constructed in Veterans Memorial Park,636 East 66�` Street,Richfield,Minnesota. The Proiects Phvsical Characteristics: The apnroximate staee size is 30 feet x 46 feet and is raised 2 feet from�round level.The structure will have a�able roof that is slanted to proiect sound forward. The Owners BudQet for the Scone of Work: 400 000 The Owners Anticinated Schedule for the Work: Drawin�s and conshuction documents are to be completed bv Julv 21,2015,bid openinQ scheduled on Aueust 13, 2015 construction be�ins on September 8.2015 and substantial comnletion bv November 20,2015. The Owners Intent to Procure the Project: Citv Council will consider awardine a contract to the lowest bidder in accordance with State bidding law. Owners DesiQnated Representative: Jim Topitzhofer,Recreation Services Director Professional Services Retained under this Aexeement: Architecture,Civil,Electrical, Structural En�ineerin� Additions and Deletions Report for AIA Document 6107 T"'—2007(fortnerly 8151 T'"—7997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. � Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) PAGE 3 Sevtember 8,2015 November 20,2015 § 2.5 The Architect shall * *w c n e c_.we a,...,..:,... „�.w:� n,,,.o�...e... rc..,,y,,.F.i.o a' � :furnish nroof of insurance confirnung that it has nrocured the foregoine reciuired insurance coveraees vrior to execution of this A�reement. Such proof shall also confirm that the insurer has a�reed that it will not cancel the insurance without�ivin�the Owner thirtv(301 davs advance written notice of its intent to cancel.The Architect shall likewise demand from its consultants nroof of insurance meetin� the foregoine reauirements as a condition nrecedent to their enea�ement to uerform services on the Proiect. See attached Certificate of Liabilitv Insurance See attached Certificate of Liabilitv Insurance See attached Certificate of Liabilitv Insurance PAGE 4 See attached Certificate of Liabilitv Insurance § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural,�eska�ies�civil,and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.2.4 Based on the ProjecYs requirements agreed upon with the Owner,the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.A single concept desiQn ovtion will be develoned Develonment of multiple ontions or development of estimates for multivle desiQn options will be billed hourlv in addition to the basic scone.The Architect mav identifv biddine alternates for singular svstems or components to balance the scope of the work with the Owner's available bud�et PAGE 5 § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3.Upon completion of the anuroved Schematic Design if the scone or Cost of the Work has increased from the anticipated values nrovided in Article 1 the Architect's services and fee shall be increased to compensate for the additional Scope of Work. Additions and Deletions Report for AIA Document 8101 TM—2007(formerly B157 TM'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. 2 Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mauimum extent possible under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and request the Owner's approval.Anv material chanees to the procurement method,desi�n concept,scone,architectural features or other �reviouslv apnroved elements shall constitute a chanee in services. § 3.3.1 Based on the Owner's written approval of the Schematic Design Documents,and on the Owner's written authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,� and electrical systems,and such other elements as may be appropriate.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels.Audio visual and snecial staQe liehtinQ is not included in the Scove of Wark. § 3.4.1 Based on the Owner's written approval of the Design Development Documents,and on the Owner's written authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information,including Shop Drawings,Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. PAGE 6 . , ; �1 r�a ..rf: ..4:« u�o..ti H4e_ ..4�. e..1�: u «4«..i.i.. . «.� �. ^f • � f ' • • • ) f § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precaurions and programs in connection with the`I'��,-,--��'�°„`'�° "��Work.Subiect to the reauirements of Sections 2.2 and 3.6.2.1,the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. PAGE 7 Additions and Deletions Report for AIA Document B107 T"'—2007(fortnerly 6157 T'"—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. 3 Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2007,the Architect shall render initial decisions on Claims�e�weer�e Ar�e�-a�-bv the Contractor as provided in the Contract Documents. PAGE 8 § 3.6.4.2 In accordance with the Architect-approved submittal schedule,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantiUes,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of a� deviation from the reauirements of the Contract Documents unless the Contractor has specificallv informed the Architect in writinQ of such deviation at the time of submittal and the Architect has Qiven written annroval to the snecific deviation,of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.6.1 The ' ;Architect,unon receint of written rec�uest bv the Contractor and Owner,shall schedule and conduct one(1)Punch List/Substantial Comnletion insnection of the area of work.When the Architect determines the date of Substantial Comnletion and Final Completion,the Architect shall issue Certificates of Substantial Completion;receive from the Contractor and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Contractor;and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. PAGE 9 § 3.6.6.5 , ' Prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. 4.1.1 Pro rammin B202T"�2009 Architect 4.1.2 Multi le relimin desi s Architect U to Two 4.1.3 Measured drawin s N/A N/A 4.1.4 Existin facilities surve s Owner 4.1.5 Site Evaluation and Plannin B203T"'-2007 Architect § 4.1.6 Building Information Modeling Not Provided Additional Services (E202T"�-2008) 4.1.7 Civil en ' eerin Not Provided Foundation Desi 4.1.8 I.andsca e desi Not Provided Additional Services 4.1.9 Architectural Interior Desi B252TM-2007 Not Provided Additional Services 4.1.10 Value Anal sis B204T"'-2007 Not Provided Additional Services 4.1.11 Detailed cost estimatin Architect Additional Services 4.1.12 On-site Pro'ect Re resentation B207T'"-2008 Not Provided Additional Services 4.1.13 Conformed construction documents Not Provided Additional Services 4.1.14 As-Desi ned Record drawin s Architect Additional Services 4.1.15 As-Constructed Record drawin s Not Provided Additional Services 4.1.16 Post occu anc evaluation Not Provided Additional Services 4.1.17 Facili Su ort Services B210T"'-2007 Not Provided Additional Services § 4.1.18 Tenant-related services Not Provided Additional Services Additions and Deletions Report for AIA Document 6101 T'"—2007(fortnerly B151 T"'—1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. 4 Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mauimum extent possible under the law.This document was produced by AIA software at 09:30:21 on 06/1 S/2015 under Order No.6638754078_1 which expires on 04/O6/2016,and is not for resale. User Notes: (1832275283) 4.1.19 Coordination of Owner's consultants Not Provided Additional Services 4.1.20 Telecommunications/data desi Not Provided Additional Services § 4.1.21 Security Evaluation and Planning Not Provided Additional Services �82,�6TM-2�� 4.1.22 Commissionin B211T"'-2007 Not Provided Additional Services 4.1.23 Extensive environmentall res onsible desi Not Provided Additional Services 4.1.24 LEED Certification 214TM-2012 Not Provided Additional Services 4.1.25 Fast-track desi services Not Provided 4.1.26 Historic Preservarion 205TM-2007 N/A N/A § 4.1.27 Furniture,Furnishings,and Equipment Design Not Provided B253TM-2,�� 4.1.28 Public Meetin Process Architect One 1 is included 4.1.29 Ener Modelin Not Provided Additional Services 4.1.30 Storm Water Mana ement Desi Not Provided Additional Services 4.1.31 Utili Munici al Connections/Desi Not Provided Additional Services 4.1.32 Environmental Assessment/Im act Owner 4.1.33 Seismic!Tornado Anal sis Architect Included 4.1.34 Dee Foundation Anal sis Architect Included 4.1.35 Wa Findin /Si a e Not Provided N/A 4.1.36 Mass Notification Not Provided Additional Services 4.1.37 Ener Mana ement Audit Not Provided Additional Services 4.1.38 General Buildin Li tin Controls Architect Included 4.1.39 Audio Visual Desi Not Provided Addirional Services 4.1.40 Fire Marshal Review Owner 4.1.41 Multi le Bid Packa es Not Provided Additional Services 4.1.42 S ecial Sta e Li tin Not Provided Additional Services PAGE 11 .3 Preparing Change Orders and Construction Change Directives that reyuire evaluation of Contractor's proposals and supporting data,or the preparation or revision of Instruments of�erro�e�Service, excevt that the Architect's Basic Services shall include prenarin�Chanee Orders or Constructive Chan�e Directives when the need therefor arises from the Architect's error or omission; .4 Evaluating°� °-�`°-��-�°�"-�''°"�`more than 5 Claims as the Initial Decision Maker; .1 One ( 1 )reviews of each Shop Drawing,Product Data item,sample and similar submittal of the Contractor .2 Four ( 4 )visits to the site by the Architect over the duration of the Project during construction .3 One ( 1 �inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 )inspections for any portion of the Work to deternune final completion § 4.3.4 If the services covered by this Agreement have not been completed within twelve ( 12 )months of the date of this Agreement,through no fault of the Architect,eactension of the Architect's services beyond that time shall be compensated as Additional Services. & 5 21 Reasonable continQencies shall be determined in consultation with the Architect as annronriate for the tvpe of nroiect to nav for chanQes which occur during the course of the desi�n and chanees in the Work durin� construction of the Project for: 1)revisions reauested bv the Owner;2)concealed or unknown_conditions encountered•and 3)an allowance for errors and omissions in the Construction Documents consistent with Section 2 2 of this Asreement No other renresentation to the Owner and no warrantv or�uarantee either exvress or imnlied is included or intended in this AQreement or in anv document nrenared bv the Architect. Additions and Deletions RepoR for AIA Document B101 TM—2007(fortnerly B151 TM-1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.WI rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. 5 Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 0930:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf ' . onlv with resnect to snecific matters dele�ated to the renresentative in writine bv the Citv Council.In no event shall the Owner's renresentative have authoritv to a�ree to anv adiustments in the Contract Sum or Contract Time,unless expresslv authorized to do so in writing bv the Citv Council.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. PAGE 12 § 5.5 The Owner shall furnish services of geotechnical engineers,which may include but are not limited to test borings,test pits,dete�7ninations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations,includin�a provision for a conference to review the Architect's vlans and snecifications and a letter from the�eotechnical enaineers statin�that the final nlans and snecifications have complied with the intent of the foundation investi�ation and meet or exceed the recommendations. § 5.11 � , ' , The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. PAGE 13 § 7.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Ageement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. . , . .In the event of ternunation the Owner's non-exclusive license to use the Instruments of Service shall be eoverned bv Section 9.8. . . � , . > > , � , , PAGE 14 . . , , . � , , . . Additions and Deletions Report for AIA Document 6101 T""—2007(fortnerly B151 T"'—7997).Copyright�O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. s Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to , , 41. 1' 4' �1;«.�,]e...71;«0 ' 4,.«0.,..1„t:......F}L�._ -..__..1'__"'___"_ •'"' _�t_'7_"�_ __ __ __'__ _ ........,... ..'.,... ,��_,,,�__._ ^ �'""' _�"'_" `."" ____. __. r s. N �e�rmediation Mediation is not a condition vrecedent to commencing liti�ation,but if IitiQation is commenced the parties a�ree to mediate before anv disvositive motions or trial. § 8.2.2 The � , � , � . , , , , , • .parties shall share the mediator's fee and anv filin�fees eauallv. The mediation shall be held in the nlace where the Proiect is located unless another location is mutuallv aereed upon A�reements reached in mediation shall be enforceable as settlement a�reements in anv court havin� jurisdiction thereof. § 8.2.3 ' , • � F �, *�, + +� • -��-�•,:�^• •�a:�+:�--�'�°�°�rIf the narties do not resolve a vv czxxoxooaoxc ao ovccxcxxxcixc agc°oxix°cixco a:aixTvvaxc:xava:�aix disnute throu�h mediation pursuant to this Section 8 2 the method of bindinQ disnute resolution shall be the followine: jCheck the appropriate box If the Owner andArchitect do not select a method of bindin�dispute resolution below. or do not subseauentiv agree in writin�to a bindinQ dispute resolution method other than litiQation, the dispute will be resolved in a court ofcompetent iurisdiction.) f 1 Arbitration nursuant to Section 8.3 of this Agreement � X 1 Litieation in a court of comvetent iurisdiction f 1 Other(Specifv) . . • � � 1 A«l.:t.-.,r:.,.,.. ..f�..C�o..�;..« 4 2 ..F��'::;.A.,..ee.v.e«♦ ,,..�,,.. _'_' r'___"'__"_ _-_'__— _" __ -___._ .�.�.. �.... r1 T;s'....�;.. ,,,-t�i',, e o z�� r � n.i,e..ic,.o,.;�,� ��4�AN . . , ' , , , � Additions and Deletions Report for AIA Document B101 T""—2007(fortnerly 6151 T""—1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. 7 Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mauimum extent possible under the law.This document was produced by AIA software at 0930:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) . � A e..4 «.�{�v�e.�. .:4�.41.0 or.ti4..narr� ' ) f � ) . ' • • � • . � ) f f � � . • ) f ) • ) f § 9.1�€Excent for amounts that are the subiect of a�ood faith disnute,if the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums that are not the subiect of a�ood faith disnute due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.T'he Architect's fees for the remaining services and the time schedules shall be equitably adjusted. PAGE 15 § 9.8 ' ' ' . .In the event of Ternunation,and upon pavment to the Architect of all sums due that are not the subiect of a Qood faith disnute,the Owner and its desiQnated a�ents and consultants shall have a non-exclusive license to use the Architect's.and its consultant's,Instruments of Service, documents data and records relatin¢to the Proiect in the condition thev were in on the date of Termination,for the limited purpose of completing oneratin� and maintainin�the Proiect.The Architect's contracts with its consultants shall incornorate provisions wherebv its consultants a�ree to be bound bv the terms of this section.Uvon reciuest,the Architect and its consultants shall promutiv furnish the Owner with legible conies of their Instruments of Service. documents data and records relatine to the Proiect and the Owner shall reimburse the Architect and its consultants for their reasonable convin�and clerical expenses therefor. Additions and Deletions RepoR for AIA Document B101 T"—2007(fortnerly B151 T"'—1997).Copyright�O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. 8 Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mazimum extent possible under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/O6/2016,and is not for resale. User Notes: (1832275283) § 10.1 This Agreement shall be governed by the law of the place where the Project is , � $es�ierr8� located. PAGE 16 § 10 9 Pursuant to Minnesota Statutes� 16C.05 Subd.5 Architect aerees that the books,records,documents,and accountinQ nrocedures and practices of Architect that are relevant to the contract or transaction,are subiect to examination bv the Owner and the state auditor for a minimum of six vears. Architect shall maintain such records for a minimum of six vears after final na i�ent. § 1010 Pursuant to Minnesota Statutes� 13 OS Subd 11 all of the data created,collected received stored used maintained or disseminated bv Architect in uerformin�this contract is subiect to the reauirements of the Mimiesota Government Data Practices Act("MGDPA") Minnesota Statutes Chanter 13 and Architect must complv with those reauirements as if it were a eovernment entitv The remedies in Minnesota Statutes� 13.08 anplv to Architect. Architect does not have a dutv to nrovide access to public data to the public if the public data are available from the Owner. Basic Services.as described in Article 1 are as follows: Architectural Electrical Siructural DesiQn and Cost Estimatine $30,000 § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 112 or 11.3,shall be the amount invoiced to the Architect plus one and one tenth percent( 1.1 %),or as otherwise stated below: PAGE 17 Schematic Design Phase twen percent ( 20 %) Design Development Phase twentv-five percent ( 25 %) Construction Documents thi -five percent ( 35 %) Phase Bidding or Negotiation Phase five percent ( 5 %) Construction Phase fifteen percent ( 15 %) Exhibit A A �A 4/�A�ADCI�ICATIAAI CAD DCItAQ11DCAIIl C CYDCI�ICCC . . ' � � � T «s..s:,.« ..«,7....�1.....:.,e.7....♦ ..0�.......4r.�:.e1 »:`��»1...:,.se«..o. . .. ...,..,...... ..� . � e � � e . e AD«:«s;«.. « «..,7,...�:.,«� ,.1..t� ��,,.�,.a�r.af.-... � � e e �n� Additions and Deletions Report for AIA Document B101 T"'—2007(fortnerly 6151 TM'—1997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. 9 Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) • , ; . , ; • � , , , �e-Aw�e�; , , � v « +w ,.c,.aa;.:,...,.i. ..i:...;+..:c.�.,n., e e o..�.. ,.w ..�e e o e ..F4�.n4«i.«.v.n��.... o.��+..��+e /�nn�i4or4�n.. ++�4....kn. . ) �n c:.e,.r�,.o o ..a � o e�. �'vir�8i'-9-8vnSl��9-��ra'3---p°vrc°virc��-�r�mo° ��....,»..�... . � � . � � � c'�In the event this A�reement is terminated the Owner's ri�ht to use the Architect's Instruments of Service shall be Qoverned bv Section 9.8. § 11.10.1 ��t�a�-�a3�e��e€—F$ ,,.o...,,ae,,..,,,,o e ..,:,.,, ,.c.w:� �....00...o.,....,a:.,«,,o...:..:........ � , ' .Unless otherwise agreed navments for services shall be made monthlv in nroportion to services nerformed.Pavments are due and �avable unon nresentation of the Architect's invoice.Amounts unvaid foriv-five ( 45 )davs after the invoice date shall bear interest at the rate entered below or in the absence thereof at the legal rate prevailinQ from time to time at the nrincival vlace of business of the Architect. jlnsert rate ofmonthlv or annual interest a�reed upon.) twelve nercent (12%1 per annum § 11.10.2 , , , °� The Owner shall not withhold amounts from the Architect's compensation to impose a nenaltv or liquidated dama�es on the Architect.The Owner's ri�ht if anv,to offset sums due the Architect shall be�overned bv �plicable law. § 11.10.3 ' , �g-Records of Reimbursable Expenses expenses pertainine to Addirional Services and services nerformed on the basis of hourlv rates shall be available to the Owner at mutuallv convenient times. . . , � �T�o� � CDC/`IAI TCD�IIC AW11 /`AIJ�IITIAIJC C ..1 se««.,..«.7,. «.7:�:,.«..sl...�«....7:F.,�1.:� A�m..�e..�.. �F 71,....�. �.». .........,......�.."..."'..".....»."'.,..._� ._�.,"�__'""_"""�_�.,'____.._. Additions and Deletions Report for AIA Document B101 T"—2007(fortnerly 8151 T"'—7997).Copyright OO 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. �0 Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:30:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) PAGE 18 � ��168H�33823�=DA2TM �nn� r�:..:s,.�r�,...,n..,.,�,.,.t n.,t,;t.:s :r,.,......te«ea ,....�.o c ii,....:..,.. � � � �-- .2 Other documents: E�ibit A—Hourl�Rate Schedule David P.Linner President Additions and Deletions Report for AIA Document B707 T"'—2007(fortnerly B151 TM-1997).Copyright O 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties. �� Unauthorized reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mauimum extent possible under the law.This document was produced by AIA software at 09:30:21 on O6/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) Certification of Document's Authenticiiy AIA�Document D401 T"' - 2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:30:21 on 06/18/2015 under Order No.6638754078 1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA�Document B101TM—2007,Standard Form of Agreement Between Owner and Architect,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 T'"—2003.Copyright OO 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any portion of it, � may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 0930:21 on 06/18/2015 under Order No.6638754078_1 which expires on 04/06/2016,and is not for resale. User Notes: (1832275283) Consultant Rates Hourly Rates: EXHIBIT `A' Architectural Principal Architect ......................................$105.00/hoLu Architect...................................................$ 95.001hour CAD Operator............................................$ 70.00/hour AdministrationlClerical................................. $ 40.00/hour Structural En ing_eerin� Principal Engineer.....................................$125.00/hour Associate Engineer.....................................$120.00�our Engineer II, EIT........................................$125.00/hour Engineer II...............................................$120.00lhour CAD Technician I ....................................$ 80.00/hour Adini�ustrationlClerical............... ............. $ SO.00/hour Mechanical/Elecn•ical En in� eerin� Principal Engineer......................................$180.00/hour Design Engineer—Mechanical. ......................$125.00/hour Design Engineer—Electrical ..........................$125.00/hour Design Technician—Mechanical.....................$114.00/hour Design Technician—Electrical ........................$110.00/hour CAD Technician Mechanical I........................$ 90.00/hour CAD Technician Elechical I..........................$ 90.00/hour CAD Technician Mechanical II.......................$ 85.00/hour CAD Technician Electrical IL.........................$ $5.00lhour Administration/Clerical.................. ............. $ 90.00/hour Civil Engineerin� Sr Landscape Architect.................................$120.00/hour Project Engineer.......................................................$140.00/hour Engineering Technician..................................$85.00/hour Acoustial En�......................................$187.50/hour Client#:993 LINNARCI DATE(MM/DD/YYY7) ACORD� CERTIFICATE OF LIABILITY INSURANGE 6/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTA T NAME: MN-A/E P,,,"��"N�t;612 349-2400 a� No; 612 349 2490 COBB STRECKER DUNPHY&ZIMMERMANN E-MAIL ADDRESS: 150 S FIFTH STREET STE 2800 INSURER(S)AFFORDINGCOVERAGE Nac# MINNEAPOLIS, MN 55402 CONTINENTAL CASUALTY COMPANY INSURER A: INSURED INSURER B: DAVID P LINNER ARCHITECTS INSURER C: 10100 MORGAN AVE S INSURER D: BLOOMINGTON,MN 55431 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE NSRL WVD POLICY NUMBER MMNDY� MMI IDY� LIMRS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENER.4L LIABILITY PREMISES EaEoNcaurrence $ CLAIMS-MADE �OCCUR MED EXP(Any one person) $ PERSONAL&ADVINJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY �ERa LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Peraccident $ UMBRELLA LIAB pCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPR{E70RIPARTNEWEXECUTIVE Y�N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A ARCHITECTS&ENGR SFH713761148 4/22/2015 04/22/201 EACH CLAIM:$1,000,000 PROFESSIONAL LIAB ANNUAL AGG: $1,000,000 CLAIMS MADE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attacb ACORD 101,Addidonal Remarks Schedule,H more space is required) ALL WORK PERFORMED CERTIFICATE HOLDER CANCELLATION CITY OF RICHFIELD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN JIM TOPITZHOFER ACCORDANCE WITH THE POLICY PROVISIONS. 6700 PORTLAND AVE S RICHFIELD,MN 55423 AUTHORIZED REPRESENTATIVE �,(,t�� O 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S718105/M698674 DLL This page has been left blank intentionally. AGENDA SECTION: OTHER BUSINESS AGENDA ITEM# 9. .� STAFF REPORT NO. 99 s , �. CITY COUNCIL MEETING � 6/23/2015 � REPORT PREPARED BY: Karen Barton, Community Development Assistant Director DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 6/16/2015 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 6/17/2015 ITEM FOR COUNCIL CONSIDERATION: Consideration of a developer selection for the Cedar Point Housing Area redevelopment. EXECUTIVE SUMMARY: In 2004 the Cedar Point Housing area was designated by the City Council as a redevelopment project area, included within the larger Cedar Corridor Redevelopment. The Cedar Point Housing area, bounded by 63rd Street to the north, 65th Street to the south, 16th Avenue to the west, and Richfield Parkway to the east is guided in the City of Richfield 2008 Comprehensive Plan for High-Density Multi-family housing, calling for a minimum of 24 units per acre. The zoning of this area was changed in 2010 to reflect this designation. Over the past several months, a number of developers have approached the City offering development proposals for the Cedar Point Housing area. The developers were invited to present their proposals to the City Council and the Richfield Housing and Redevelopment Authority(HRA) at a work session on April 14, 2015. Given the large number of proposals, the Council and HRA directed staff to gather additional information from the developers and subsequently held a second work session on May 12, 2015 to further discuss the proposals, and on May 26, 2015 a special meeting of the City Council and HRA was held to rank the preliminary development proposals. Staff subsequently tallied the rankings and conducted project-reference verifications on the top two development teams. A memo (council Memo No. 48)was distributed to the City Council and HRA on June 4, 2015 summarizing the rankings and reference information. The three proposals that ranked highest are as follows: 1) Boisclair Corporation -Cedar Point II 2) Anderson Companies-Cedar Point Villas 3) Kristi Olson/Gary Tushie-Cedar Point Residential Living All references received for the top two candidates were positive and reflective of development teams with the ability and integrity to complete the development project. Upon selection of a preferred preliminary proposal, staff will begin drafting a development agreement with the developer. The developer will also be asked to begin the development process by commencing a comprehensive public input undertaking to refine their proposal in such a way that incorporates the community needs and desires to the fullest extent possible. RECOMMENDED ACTION: By Motion: 1) Accept the preliminary proposal of the preferred development team, Boisclair Corporation; and 2)direct staff to draft a development agreement with Boisclair Corporation for the development of the Cedar Point Housing Area. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The Cedar Point Housing area was designated as a redevelopment area in 2004. • The Cedar Point Housing area is guided in the City of Richfield's 2008 Comprehensive Plan for high-density, multi-family housing at a minimum of 24 units per acre. • The Cedar Point Housing area is currently zoned for high-density, multi-family housing. • There have been several proposals for development of the area between 2008 and 2014. • City Staff issued a Request for Qualifications (RFQ) in 2008 and two Request for Proposals (RFP) in 2008 and again in 2013. • The HRA selected LaNel Financial to develop a senior housing project for the area in 2008. However, due to the economic downturn, the development did not materialize. • In 2013 Sherman and Associates presented a proposal for the development of senior housing in the project area. However, policy makers were not interested in a senior housing development at that time. • In 2014 Projectus International submitted a proposal for a market-rate rental housing development in the project area. Projectus later withdrew their proposal. • As part of the Richfield Parkway project in 2013-2014, the City acquired 15 homes along 17th Avenue for needed right-of-way for the Parkway. • Property acquisition was funded by the issuance of Special Assessment Bonds. • The City transferred the properties to the HRA and the special assessments were paid via an intertund loan to the HRA. • In the past several months, six developers have approached the City with various development proposals for the project area. • Letters have been sent to the neighbors across from the project area notifying them of the current proceedings. • Community and resident feedback was solicited via Richfield Connect, the City's Website, Facebook, Twitter, and mailings. A summary of the comments received was provided to the City Council and HRA in a memo dated May 21, 2015. B. POLICIES (resolutions,ordinances.reaulations,statutes,etc): • City of Richfield 2008 Comprehensive Plan Goals and Policies: � Ensure sufficient diversity in the housing stock to provide for a range of household sizes, income levels, and needs. � Ensure redevelopment and infill projects maintain the integrity of existing neighborhoods. � Maintain an appropriate mix of housing types in each neighborhood based on available amenities, transportation resources and adjacent land uses. � Limit redevelopment of single-family neighborhoods into other uses except where such neighborhoods are directly adjacent to commercial areas or areas adversely affected by major roadways, the airport, or other major developments. � Maintain a housing supply that meets changing needs while sustaining the integrity of existing neighborhoods. � Develop residential standards(scale, density, etc.)for redevelopment areas that creates neighborhood character. � Maintain and provide quality amenities and a safe living environment. � Maintaining a diversity of housing types and price ranges. � Provide housing options for all points in a person's life. C. CRITICAL TIMING ISSUES: • Selection of a developer is critical in ensuring timely commencement of the development process and avoiding delay of construction. • The HRA is scheduled to begin repayment of the special assessments loan in 2017. D. FINANCIAL IMPACT: • Development of the Cedar Point Housing area will likely require the use of Tax Increment Financing. • The City has provided an intertund Ioan to the HRA in the amount of$780,000 to pay for the special assessments on the Cedar Point Housing development property associated with the construction of Richfield Parkway. • The HRA must begin making payments of approximately $44,000 to the City on that loan in 2017. • The Developer will be required to deposit funds with the City to pay for administrative costs associated with the development (i.e., legal, financial consultant, and staff time). E. LEGAL CONSIDERATION: • The HRA attorney will draft the development agreement. ALTERNATIVE RECOMMENDATIONISI: • Select an alternative developer for the project. PRINCIPAL PARTIES EXPECTED AT MEETING: Representatives of Boisclair Corporation ATTACHMENTS: Description Type o Boislcair Proposal 05012015 Cover Memo �� k i �lr' � . J '1 (tii ) ! t k � � � - � . �.. . . . i , ' . . ��,r�'�g-��#'�``, � ( 1�,��_,jr�('lll�� !ili!I ��'It�llji�){�Il1tl %'�t'(i� f `.Itili' '�11Sf (' I <Il'! 1 Cedar Point II Apartments Cedar Point II Townhomes Richfield, MN May l, 2015 EXECUTIVE SUMMARY Boisclair Corporation is locally owned and celebrating 41 years of commitment—We have been devetoping and managing quality investments in real estate since 1974. We are pleased to submit our qualifications and proposed prelirninary project summary for Cedar Point ll housing develupment bounded by 16'h Avenue on the west,65 Street on the south and the ; new Richfield Parkway on the east and north. PRUJECT SUMMARY Development Team: Lori Boisclair, Boisclair Corporation Adam Seraphine,NHH Properties Frank Jermusek, Sperry Van Ness Mark Stenglein Theresa Carr Dean Dovolis, DJR Architects Project Name: Cedar Point II Housing Type: Multi-family rental For-sale townhomes Unit Counts: Approximately 230 Apartments and 25 Townhomes Rent Per Sq. Ft. Market Dependent Current market rate proforma'd rent per square foot averages$1.50* Current at�ordable proforma'd rent per square foot averages$.90** *Maxfield Research's Demand for Housing Assessment for the City of Richfield dated January 2015 indicates new construction rental rates averaging$1.50-$1.80 *Existing Richfield Housing stock average rental rates$1.08 *Lyndale plaza$1.39-$1,48 **20%of the units are set aside at 50%Area Median Gross Income Estimated Market Value: $35,000,000 Parking Stalls Per Unit: Underground 275 or 1,2 per unii Surface 48 i Project Development Plan: The proposed development consists of two freestanding independent aparanent buildings and nine townhome ' buildings, The development can be completed in 3 phases, however given the current market demand; the Developer proposes 2 phases — Phase I consisting af the largest apartment building to be accompanied by the 31 townhomes. Phase II—the second apartment building. Cedar Point ll's Target Market: Target market for Cedar Pt II is professional singles and couples withaut small children mid 20's to mid-40's who work in Richfieid or nearby communities. They are seeking an active lifestyle. In addition empty nesters who will appreciate the entertainment, dining, shopping amenities of Richfield. Development Team Experience: 7'hc I3ois�:lair Corporatic��i 1�a5 cxtensi��c de��cliiprncnt and maii��emei�t experiencc in Market Rute, l.uxtu•y }-iousi�i�;, � Altordable Housing-Sc;ction fS, Sectic�n 42, Se.ction 236, � I:ldcriy and Disabled i-{uusin�;. , Se� tttlt�ched Ue��eloper Qu�lilication worksheet ai�d I)cvelUrrr's fterresrnt;�ti�c I.ist 7'ax lncrement T'inancin�: TII� Housing I)istri�ta must mcc:t onc c�I'the ii+Uoa�in�tc►usc 7'lf-' re��enucs: 20'S0 or 40/6(1 Area m�di�in incomc. Oui- }�ropc�sal has set asidc d(l;fi0% AMI or 92 units, Pcr tht Se�tiuil�42 �uidclines nU units are tv he of like-kinei c�uality. and finiShrs. ns thr ��it� t�f (tichfirl�!'s I�ousing sic�cl; a��: {'edar I't. II', ,cr-��sidc ��ill allc►�i� fi�r nc�� uc�nsti•uctiun afii�rdablc hausin� v��tiuns (��r il�c �r�orki'c►rce ��o��ulalicm ol' t�,� c�ty ��f�Rich(ielcl and ils lo�t� ttrin re:sid�nls: �h� �ny,t�, nestvi:ti. It ��ill assisi in accommadati��r yuun�:��r��('�s>ii»ials in thc b�ginnin� ol' ti�cir cur��rs as we11 as assisi cin�t�• nesters in ilieu• �c+lden years. lt al►i��i��s li�r new inilux oi' Residcnts all whilc attcnclin;� to il�c needs ol' lun�-teitin Residc:itts. 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" r'N ;�M;�� .*v�'�' � � � �-�= . �!!� ... _ .�� b, �� ' , � _ B D I S C L A I R 3033 Excclsior Blvd.,5«.z�s Minneapolis,MN 55416 Main 95a-9u•388i Fax:95a-9��-3a71 , , „ ... info(,alBolsclairCorporation.com www.Boi sda irCarporation.com Developer BOISCLAIR CORPORATI�N Minority Owned-Celebrating 41 years of Commitment—Est. 1974 Since �974, #he Boisclair Corporation has been at the foretront of real estate development and construction in areas of multi-family housing,commercial,office and retail space. While meeting a wide range of development needs from Section 8 housing to luxury condominiums and mixed-use developments, the corporation has established new standards in design, planning and management. The result has been innovative, award winning developments, many the first-of-a-kind in their communities or in the nation. Among the firsts are: �• �n �974, the first Section 8 leased subsidized housing project was buiit in the country located in Robbinsdale, Minnesota. This first was acknowledged in the Congressional Record; z. Lake Point condominiums was the first Minneapolis luxury high-rise condominium, buiit in i975; 3. The first large scale mixed use project with a substantial housing component calfed Riverplace, a $�ZO Miflion housing, retail, entertainment and office complex on the east bank of downtown Minneapolis. Riverplace was the November, �985 featured mixed use project by the Urban Land Institute. Also in �985, Riverplace received woridwide recognition with its International Council of Shopping Centers Award for Innovative Design and Construction. The company is founded on strict attention to detail,comprehensive research and a creative approach to building developments which contribute both aesthetically and economically to the local community. Since its beginning, the Boisclair Corporation has consistently exceeded performance promises in tax base projections and construction quality. The reason is best summarized in an underlying philosophy of planning the worst while working toward the best. In short,the Boisclair Corporation is a proven performer delivering quality real estate developments beyond expectations. The first development of its kind in Minneapolis, Lake Point gave validity to Boisclair's insights into a new trend in housing preferences by a large segment of the population. Because of a desire to conserve energy have access to better transportation, cultural and shopping offerings within the city, people wanted to live nearer to the center of activity. Though this concept is taken for granted today, the idea was considered radical at the time Lake Point was first proposed. Behind a II of the Boisclair Corporation's diverse developments is the philosophy: Each project is approached from the point of view of showing a benefit to the community. The venture should result in helping the city increase its tax base, ease its housing needs or add more jobs to the community. If you serve the community, the success will follow. Boisclair Corporation combines a commitment to the c�mmunity witt� attention to construction quality and detail so that projects built in one decade will continue serving the city for generations to come. Multifamily acquisitions and development is the primary corporate mission with emphasis on rehabilitation on properties acquired to enhance their value. Mission Statement: Our mission is to provide residents with exemplary service in a safe, quality-driven home environment, to provide employees unparalleled opportunities for personal and professional development, to provide partners and clients with maximized real estate asset values and provide communities with increased tax base, ease their housing needs or add more jobs to the community. We quickly adapt to the diversity of individual investors, markets and residents through sound leadership, an unparalleled industry expertise and our unwavering commitment to service. Boisclair Corporation believes if you serve the community and its residents, success will follow. New Construction Projects: - Grain Belt Terrace - Phase I - 54 Units - Opening ��.�.zo�4; Phase II - 96 Units Opening March �5, Zo�S - Culvers Restaurant-Opening January zo�5-Williston ND - GrandStay Hotel-�pening March Zo�S-Williston ND - The Element-�65 Units and i5,000 Sq. Ft.of Retail-Opening Fall zo�6 Project References: �) Oakoia County Cammunity �evelopment llgency- Karly Schoeneman 65�•��75•448� zo�o-zoii Redevelopment of Kidder Park Iownhomes. Project Financing - Dakota County LIHTC /American Recovery & Reinvestment Act; CDA HOPE funds and Minnesota Housing Finance Agency LMIR program. Pagc 2 of 4 Project Description— The 8oisclair torporation, third part management agent since January zoo4, stabilized the property to the extent possible. However, excessive and chronic resident turnover continued due to its dysfunctional design. The project's exterior stair is extremely hazardous during winter and inclement weather. All units were 3 bedrooms housing an inordinate number of children for its "postage stamp" (3.7 acre) site whose high energy activities imposes severe noise transmission thru minimally sound attenuated walls and floors—a major contributing factor for the project's excessive turnover. We did a major overhaul of Kidder Park Apartments starting with de-constructing the exterior stairs providing thereby more open space where it is critically needed to create an open interior resident friendly courtyard. The courtyard was detailed to encourage resident's social interaction. The project took a New Urbanist approach to design. Engaging the street with traditional covered entries provides shelter, human scale and opportunities for neighborhood interaction. New front walks linked to existing and city sidewalks, integrating the project with the greater community. Each unit is accorded a semi-private courtyard patio, differentiated from, yet connected to clearly defined communal walkways. Unit changes were required; instead of the existing dysf�nctional 3 bedroom flats that afford minimal living space we introduced Z story townhomes thus eliminating overhead neighbors noise transmission while introducing significantly larger downstairs living space. The interior living areas were converted to loft-like spaces with open floor plans,maximizing usable space and dramatically improving the livability of the units. Larger bedrooms with significantly more closet space, a washer and dryer in each unit, and main (evel powder rooms further enhanced livability. The present "barracks" type garage were interrupted every 3�a with the softening effect of landscaped green space in between. The building's monolithic barrack's style exterior was reducted with shed roofs over entry's that turn the corner at the buildings'end. Also gables were introduced intermittently along the roofline to soften the building's "barracks" look while introducing a significantly more residential face to its surrounding neighbors. Hardie board with its 50-year warranty, durability and wood-like good looks will more than offset any cost premium to cheaper, shorter lived vinyl or steel siding over time. Constrained by re-constructing within the existing buildings' footprint/envelope the units internal stairs necessarily displace space thereby reducing the development's bedroom mix from all 3's to 8 — � bedrooms, zo — z bedrooms and 8 — 3 bedrooms — a much more rnanageable property with its lessened congestion enhancing thereby future residents liveability that has resulted in substantially less turnover. Page3of4 Significant cost savings were realized by retaining the building's foundation, wood joists, trusses and roof substrate. Moreover, special attention was given to maintaining the existing plumbing stacks further contributing to addit�onal savings. Furthermore, operating energy savings was achieved by compliance with Minnesota Energy Code requirements including increased building envelope insulation, high efficiency insulated windows and high efficiency heating, ventilation and air conditioning. High efficiency (energy star rated) appliances and the use of low maintenance, long lasting, "green" building materials such as fiber cement siding wil! ultimately provide additional operating savings and support the sustainability of material resources. z) City of St. Paul - Dave Guntarek 65�.zG6.6G74 See attached article- Finance&Commerce;July z8, zo�4 3) City of Edina - Mayor Jim Hovland G�z.874�85So See attached article- Finance& Commerce;June i3,io�4 Pagc 4 of 4 �--- �_. —------,—�,—_ I BOISCLAIIZ � � ,,.:.,,. „ �,,,.,,;�. � � �I� � .,H.�n�. r..,. ,rm c , , � . �� . M►►�;� �j �-�M.� ' '��;. �� .sy • �� a _ REPR�SENTATIVC PRa'J�CT Li�i �,. . ,r. , a �„--•�� b%+�� ;f,-:: _:.��_�.; PROJE:CT DESCRiPTInN LOCATION Andover Shopping Center Retail - 135,000 Sq. Ft. Andover, MN At The lake Apartments 20A Multifamily Units Plymouth, MN Bloomington Associates 212 Seniors&94 Multifamily Units Bloomington,MN BNR Partners 329 Multifamily Unita Red Wing& liutcliinson, MN and River Falls, WI Campus Partners, LLC Mixed Use,Historical Superior,WI Century Hill Townhomes 55 Multifamily Units Whit.e aear Lake, MN CulveYS Franchisee Williston,ND Element Pending;Construction,Mixed-Use Retail& Edina,MN Apartment Development Finea la Anita Rainforest Ranch Ricon Rainforest Research Lab Costa R�ca Mix�d Use Oevelopment 450,OOOsf consisting of G�Itier Plaza Towers-46 Floors 500 condominiurY�and renta{housin�;units, St. Paul,MN (pveriooking Mears Park) 400,OOOsf office space, 120,OOOsf retail space and 1,000 stall undergro�md parking garage Gianni's Steakhouse Restaurant-- Fine Dinin� Wayzata,MN Glen Condominiums 84 Condomir�iurn Units Minnetonka,MN Glen Lake Landing 97 Seniors Units Minnetonk�3,MN Hampden Square Apts&7H 8G Multif.ami�y Units St. Paul,MN Highlands Apts&TH 97 Multifamily Units Bloomington, MN 107 Condominium Units;overlooking lake Calhoun Lake Point Condominiums -it is the City of Minneapofis' first major Minnerjpolis,MN tondominium hi-ri,e Park Pldce Townhomes 3G Units/Arnerican (tecovery&Reiitveshnent Act Rosemuunt,MN Phalen Village PENDING NPN/COilSIYUCtl011 - Projected Completio��Spring 2017 Provence Apartment Homes 15G Lux��ry llnits t3u�nsville,MN Reprise Associates 110 Senior, 14t;N7ultifamily Unitti Ncw Ilopr,fiobbinsdale and f3iooklyn I�ark, MN Mixed Use Dcvelopment 350,000�.�consistin�;of 400 condominiums and rental hi�=,h rise�housin�;, Riverplace 200,OOOsf of office spacc, 10U,00Usf of retail linked Minneapo'is,MN by skyway and servired�v�th�i 3,000 stall ca�,�city iii twc.w�dc rerc�und gara�;es Robhins I.ana ing Apartmenis 110 Senio�ti 11�,it, Robbinsdale,MN f3oisclafrCorporation•3033[xcelsior Hlvd—Ste 215•Minneapolis,MN 55416•Main:9;2-912-3881•fax:952-9223071 REV.2015.04.29 6/24/2014 Aparlment de�etoper:'We all otent to be in E�6na'�FinanCe 8 Carrnerce I �l�;�\\i( 'l-�; ( :� �,1�1�\�il .1Z( '1-� . . , - - . �. '►..rw tl� - . �� ` � +., . _`C" _ y'' t .' . �„� � # `' �� . ��..� - 1 .�i R"�T '�.�.t, � `��.,. • �L,1 ��j �,' �� f. .1� �p ` tl(1( '! '�`` ►.i '. „ w ,•i t+,► �� a� ,-.'� ,(`��y��j iS�. �+.yt f ��;:�� . 'f} �t;�4'i i..,�., ��r ,� L�� ' ��. y: � i. / ~�' +s�� .��I��. t � � �� ! f- ^�:T�qp++�e� ?��• ..�i' :�,�.� � � - .. , � ,� ��+��y� �� ^�� :x � "' r• � �,��`� ti��., �1��- '�� •�' &� � . ��."��:� '��~ ,�'r- �� ' M� � ., °�., a� . inA''' 'j��:', Y - �;. � h t• �; ,l . • .��•�i -s � � . �� ,;�:��=��-''�`• � '`'� � • �,. �, '��-,.�s ��''%`� '� � � �� M,`�le�`+�� •�� } y I � I.Y� � � 4~ � ?� r��I��,�ir.�;��Yd F��ru��rsh.�i hati prutwsFi�i�� . ,�, unit�rKirl�Hrttal and n�t�tl clrv<:4opuiant a� �;�:, �r.•, � i�, an�� Tl��a {nu��v�,:f ap�iruwel,�4�I�d:v_ ��;��H:s��r��rn.r ��i"I.Ot�..f'iii4:nl•h.l�e�n�lerhKi �1> >�,�.� c �� y Apartment developer:`We all wani to be in Edina' ' i y lune I:t, i��l•# : St:�nr� The area around Southdale Center in Fdina has attractc�yet anuther _._�.,,.,.,....., high-end apa�tment project,but the propo�al could be too dentt:fc�r city <�fticials ro swallow. ��. ,�4 l".l:,�I:��: �Minnr��lis-based{�artne�tShip uf , and •-..,Tj�' ^- '• ;;. ��t!- • s has a new six-story, 195•unit luxury apattmenl and �Z �,,:�:; � �� tc�vmhome complex at 7206 Frence itve.5.,alwut thi��e blocics south��f � Southdale,The plan wouid briny the total apartments propased�r under constnu,tion within biocks o(the rEgional mait to 915 units. Woric is underway to twild �4G apartments and a new Byeriy"s store (le(t)a� 7t71 France Ave.S.in Edina. Alony with thr apaitment units,the dc�vr.lo�x.is ate ptoposing dbnul The existing store(nght)reniains J6,500 syu�irc fccl ol rest�iw�mt,retail nr ofhce spar.e.Abour.20 perr.ent �p��for hus+n��ss dunnn cons[ructipn.(Staff phulo: Bill Klutr) o�thc bwlding -•.�9 units- vrill he a(fardablF. A skr:lch pl��n toi the pru)[x.t will hc�considFrcYl Werh��scfay b�� khe F.dina Planrnng Cnmmi,siun. .I think ti��:ill w�nt tc�he ii� Edma, Luri Huiul�iii, pre,ident ot Boiselair Curp.,•,�iid Mund.ty . . fhat locahor� is yre<d lur t�dnspwttdiun,�:rnploym��nt,edu�uUun 1 v��ythu�p is nqht n�tht+t n��iqhbc;rhund.,, I lu:u�u�ixt,i:utn�ntly u+�na�n��t1�IS�)IU(]OtiLY) !Q� �� i.b-m.rc Ic,i r� /2ou�r��nu�nv�� `,.,on tli��:onthw�•tit qu�uirant uf f iaii��•11vi7w��nntl Wi�sl 7'lnd Street. ihe silr is currenUy lirnne lu lhu 3:t.6Fi9 SyiwrF rrn,t ofFic�- h�iil�linr�, Nliir h is nwn��ci liy,m Nnlity a( L�1ina-b�,sFd I hr:I��II(.IltiSi;Of II/P�)fO�)F�I�Y IS F,k(/P,(tl'(I U�C.IU',i•;hf111,�+;rnnlinn+n pr��jrv1 �tt�hiLri 1 I��m I)uvuU��, �nri Irn, iiuilrlinr� �.:tiuld b�•turu�lown to�nakc runm rur lh!•ap;ntrn�,iifs . I li^.�I�.�ilnwnl cuiuplex i�,"be�uiiful"an�i 'hd� ti Inl t�f Nu��hui�.��.ihc uty i�,lur�fQllll f��•.�.(1111111111?II�/d��v��lo�nn��nl c�irr�lur t;ny I i�at�uo tiaid Mr�nci�iy,Uul qu��sU;m�.�en�iui,+I�v�u wh�lh%• d ;�u��. 4in W��µ:.�huilribu� au�i nu� nlany r.i:n��lr. uii lou srn�tU a Slli,. ,�I�II�d'� tiir hu��iirtutt�y�.u•,i�r�n tirn•�mtirh�.nn Ilii� eu��i rr�:�il�;,,�ip��u��•.,Sai�l I��g�r� .ul�lin��th,d th�•�,��id uf a ��I:��I�I s�l,in i��ir,vl i��fnr Ihe Pl�iutlnq Curnnils�.iui��nrl('iiy(_o�nr il tu�rr;�w�� :ii�I�ryw�.linn�. fli��ity frr��u�•ntiy Y�t��7i�,r�nnal;�uNs ahc��d Iralfic in Uir.5uuthdal.��r�a +Ile:xlti•,h��,aul, hllp://Iiranco-cumnorce.cad�J'�4/tHila�k�rtn�enl•dowloper-+nti:ill•wanf-taUe•in-edii�! 1/3 � '��.'l�� ' �,� �� \� �I'. Hub�itH�11La� � , � ') ��. l�.��i icti�. ':- �� .... ..,... � 7r. � � r 1 . i e 1� � +�1� H�n��:/ ly��.�1;, / Cc.�nstructi�r� &..Dc��elo�nient/ Revitalizing Phalen ViflageJ 7uly z8, 201��4:23 pm �� ` '- � • y f-�', ,w' .•�••�v�.�� + �� ,�,`��-�' � xJ r, '`�' ' ,. � -4 Y�,�.�y . :,,' � � . . �. ,� �.a ,'�.�.� .��, ,•.... _. '�,.,� •� � ,, � �a �;� �' ,� ~��,��:• tiy';. �.'�` �`i�� ''��,�`� �`y ��.t �T) ��.,��1 ��'.•r :.l `�::}' ` )(� • �'t�.�✓.1�+�•!` � � :j�Y• �/ � ' i?w ^s�+ L/ ��•�.-ti. �y� • i�t ? ,'i` � ��r � ' - � �•�� ♦ �� ' `{�.al• `';� '1 1 j J'h"'r��:� � •� ��'•M � t K ' �,�y� � t � v ' .� _ �°�j(� o � ,• �. � �� .Y Y •�j��,j��+ `T .r��i��w � ' � ('', �' �� „ + �� ` i� � .�� .��• �f r �/ ` � ••� . �. rsi � r ��,��:�1 • �F.�� t w �-` �.`��. �'� ` ,�r w�,� ' �'�;'� '� `�►'� , � �" ��.��. �;,� . � ,�'�,�'a� c� ,`��:_ �,v �, . �► "�,� _,:.��,�b � '�. . � , ;� � �� .� �, `l►�`� , .°o~3►�'�� , � � : f'I,��.,w� tne(J.;.�� ,,,;�:,�V+;! Center show a tn«., stix��,,..,: us�bui{�L��on the noKhe�st quadrant ot Ph�len [3oulevard and Clarence Street in St. Pa�d, with new townhomes planned to thE� north (L�ackyround). (Submitted renderin+,�� DJR Architecture) � Revita(izing Phalen VillagE� f3y: Adam Voye July 2K, 2014 4;23 pm 0 !� +I�.. . �I�.�,i,<<��:r,} �� ,�!i�_. ,I� i` i' ,`;';. ,;ii�.� to I'ti;l . � i�t)', I (� , . � I; :I �i , '� �;1}�i ,��1 rll�. I '''I ��.' �..ti.�1fL�a 11�Y.�.�� . �;•id , ,.i . �i i �',e. 1 . ,.��. i�.:i? .i � u;i d Ci+ . owned . ;� t� �, ,��: --•- �; � ._� -� �� ,i ��: .� , �,�. . � " � �'i hll . � � ,iliil . � f�i . 51i.- il'. S� � :;I� . (`ri.,i!'i �t� ;,� � � � .5.��.:r. I,1�'r� . . . . .- �: � � " - ' The city of St, Paul and fc�ur developers are , . - -��= hatching a plan to develop � key stretch of � �� PP��I�:n Br;�.ilrv�rcl ;m I:he cily'�� st �,icle, hiit tl c � ¢ �� - � project likely needs a $1 million grant to mo��e for�vard. Uevelopers , , and architect ��e proposiny � roughly two-block mixed-use project on thc northeast quadrant of Clarence Sl-reet and Ph��l��n 13oul�vard, just southwest of where Phalen meets Maryl��nd Avenue. Revltali:ing Phalen Village�Fina�ce&Commerce http://finance-commerce.com/2014/07/re�italizing phalen-vlllage/ 7/29/'l4,3:01 PM ' Nobrr t N�Ji laM � � �'. ' � � '��.�� 1 )��` �Z� �E �,,,,. .�. li�iir�t ."' �i;"�`� ��: . . ':7t • t� •� 1 . i ► 1 ► ;.f� �� 1 � ►�7.. � Members of the partnership described the projc�ct as"preliminary," but plans for the"Ne�v Phaltr Village Ce�>i su far call for about 6U rental units, 28,500 square feet of retail s�ao� ar�c � pedestrian mall. The ciky, whicli owns most of the property to be developed, has anplied for a $1 million IV�eirc�palitan C�uncil l.ivable Commu��itie5 yrant on the develc�pnient team's behalt. That fund'�:�; would be used to acquire the remaining propeities needed for the project, a skep partners said is important to make tf�e development work, "Sor�ietimes �JvhEn you have all these difterent yavernment agenc:ies ir�voived, the moon n�ed, tr- be riyht ane thc: stars need to be aligned"for a pr��jed, said Howard Paster, pre�idenl of St. P,_�'- � based PasLF r Enkerprises. "It s�;ems I;kc� that is m��ybc ;tarting to ha�pPn at thi; lo�ation. ' Th,� site consists of 3.3 mostly undeveloped acres between a Cub Foods store to the west and a 240,000-square-foot , to the east. The St. Paul Housing and Redevelopment Authority owns at least 2.8 acres of the project site, according to Ramsey County property records. The paitnership would construct 36 apartinents in two stories above about 4,500 square feet of ground-floor retail in one building just east of the Cub store, according to plans shared �vith Finance & Commerce, A 17,000-square-foot specialty grocery store would be connected on the mixed-use huildir�y's south �ide, and two otl�er 3,500-square-foot retail pads would rise to the north and south of the apartments. On the southwest quadrant of Maryl�nd Avenue and Phalen Boulevard, the developers would construct 24 rental townhomes, separated from the apartments by a pedestrian mall and greenway. f3ath the tov�mhomc�s and apartments would be a mix of market-rate and affordablc units. ��l(: �If.Y�S ��f tii ii�ldil('.!"i�lli-� V,f�l', ��1!t. �)� �IJ ft'_il''(�rl �'flr; l��ll�ll('I"';flll7 �JIf�:> �1t'S�. c11:1t";:,C.fC'�,' I:�� i i.. r. f.= , according to Dcan Dovolis of DJR. „lf �,�;�.i �i�1c' ii{.; -j'I ��i'i�;:�t� .;ruJ {��.if�li�. �,��r1c�r �t�vt,;ii�ctnl, ili�,l. r„<,ulc.l ht: ��li)(l rnillir,,, ;�i�; '. h Sf�r�Ul (I1 Cf�lcillilC� �.lij , t.al:;i:'ir 1 " �Ir�.,r,ii'. ' -1'(!i il�)ijtll_) I�l�' U�y�':� �IICVI(1(.!`; �UOjJt�P� �UI r_��.'��`!�„ 'I� f , near the project site. Th� city pur�hased the declining Phalen Village Shoppin� Center 20 years ago, according to an email from Crai� 6lakely, slrategic planner in the 5t. Paul Planning and Economic (�evelop�lient dcpartment. Since then, St. Paul has helped develop Ames Lake just south of phalen Boulevard and financed new nousing development in the neiqhborhood and the Cub store just west of tt�e 511E'. Revltalizing Phalen Vlllage�Finance&Commerce http://finance-commerce.com/2014/07/revitalizing-pfialen-village/ 7/29/14,3:01 PM Coordinated investment-comprehensive planning frameworks identify Icgacy infrastructure investments that reenergize Che development cycle in challenged neighborhoods and ensure partner commitment over time Collaboration at all levels- collaboration with internal partners and external agencies establishes partner buy-in,aligns and leverages investment and develops a coalition of support for the vision Innovative strategies-comprehensive and flexible strategies integrate transportation infrastructure,land use and economic development;support cross- jurisdictionai and multidisciplinary approaches and seed the market Community-focused-adaptable community engagement approaches address unique needs,provide for robust participation and ensure a community-supported vision that overcomes challenges. Rooted in place-places of need and opportunity are identified through data-driven research and place-based amenity investments in open space and federal/state/regional/county/city infrastructure serve as economic drivers yjsion Our Vision for the East Rich�eld redevelopment ex�ends beyond Cedar Point II housing. It encompasses the entire area from 66�Street to lnterstate 494 along Cedar Avenue,completely remaking and reinvigorate the neighborhood into a thriving commercial and residential area. The plan intertwines Richfield's desires to become more sustainable and add market rate housing options. � Let's walk down Itichfield Boulevard,a newly created,tree-lined pedestrian,bike, and auto friendly greenway. We'll start at the Three Rivers Park District trailhead in the northeast corner of the development, The Greenway wraps around the sprawling meadow,called Richfield Meadows,embracing the Boisclarr market rate housing,Cedar Point 11. Intersecting 66�h Street with a roundabout graced with a piece of public art. Passing a mixed use commercial node, we arrive at a 215�Century Food Hub called Simply Fresh-a concept that embraces and nurtures the latest in innovative technologies in urban farming and sustainability,and education. �ck to Basics IZeal food is making a comebacic! After decades of spending life in the frozen food aisles people are waking up to the idea that fresh food is where it's at, People are spending more time planting,growing,and harvesting their own food. Wholesome, Farm-to-Table meals are making their way into our hocnes. Along with the push to 3 - ' �JV_ �P�'��°�' �.� .+�'(t-�i� : `��`_r'a.r�! �''n'��'�' �=:-� `�v �► ,✓� '. ..-. .. . .." • ,. .__ .. �Y��" ./�.�. � '� .. . . � .. . . ' 7tiI�'��.s � � __ � ' _ � . ' ..��. . �� i� . �. � �� l e � ''_' _"_' , . e. .�-.—��.�..��.. ' .�... _..r..�_"% , , li " '� � .....�..... _"....__ � � �� _ . . .. .. ...__��_' '-'_... ' _"' .��.' , •, ,. 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