HomeMy WebLinkAbout11.28.11 EDA Packet
AGENDA
REGULAR ECONOMIC DEVELOPMENT AUTHORITY MEETING
November 28, 2011
6:30 PM
CITY COUNCIL CHAMBERS
Jason Bartholomay, Chair
Christy Fogarty, Vice-Chair
Todd Larson; Mayor, Terry Donnelly, Julie May,
Ex-Officio: Douglas Bonar, Geraldine Jolley
Action Taken
1 Call Meeting to Order
2 Pledge of Allegiance
3 Approve Agenda
4 Citizen Comments / Presentations
5 Consent Agenda
a) EDA Minutes: October 24
b) Budget Details: October
c) Bills: October 22 - November 25
6 Public Hearings
7 Continued Business
a) Pellicci Ace Hardware - Commercial Rehabilitation Grant Agreement
8 New Business
a) Quality Ingredients Corporation
9 City Staff Reports/Discussion/Open Forum
a) December 2011 EDA Meeting Date
10. Adjourn
5~
MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
Regular Meeting
October 24, 2011
1. CALL TO ORDER
The meeting was called to order by Chair Bartholomay at 6:30 p.m.
Members Present: Bartholomay, Fogarty, Larson, May (arrived 6:33 p.m.), Bonar
(arrived 6:35 p.m.), Jolley
Members Absent: Donnelly
Also Present: David McKnight, City Administrator; Teresa Walters, Finance
Director; Tina Hansmeier, Economic Development Specialist;
Cynthia Muller, Executive Assistant
2. PLEDGE OF ALLEGIANCE
3. APPROVE AGENDA
MOTION by Larson, second by Fogarty to approve the Agenda. APIF, MOTION
CARRIED.
4. CITIZEN COMMENTS/PRESENTATIONS
5. CONSENT AGENDA
MOTION by Fogarty, second by Larson to approve the Consent Agenda as follows:
a) Approved EDA Minutes August 15,2011
b) Received Budget Details August and September
c) Approved Bills August 13 - October 21,2011
d) Approved EDA By-laws Amendment
APIF, MOTION CARRIED.
6. PUBLIC HEARINGS
7. CONTINUED BUSINESS
a) Greater MSP Update
The Greater MSP is a regional economic development partnership made up of 11
Minnesota counties and two Wisconsin counties. The group will forward any
economic development leads to specific cities.
(Member May arrived).
8. NEW BUSINESS
a) Pellicci Ace Hardware, Commercial Rehabilitation Grant Application
Pellicci Ace Hardware is requesting funds to assist them in making improvements
to property they recently purchased, the former Allina Medical Clinic on TH3.
To bring the property in compliance with code, they need to install a fire
suppression system.
(Member Bonar arrived).
EDA Minutes (Regular)
October 24, 2011
Page 2
The applicant has estimated costs of $12,380 for the fire suppression system. The
grant program requires a 1: 1 match between the grant and the applicant. The
grant amount would be $6,190. As this is an estimate, staff is requesting the EDA
authorize up to the maximum amount of$35,000 with the understanding it will
not be that amount. No other improvements would qualify for the grant. The
owners hope to be open around March/April 2012. The EDA would authorize the
grant award and provide a recommendation to Council. Council would authorize
awarding the grant, there will be other steps in between, the EDA will review the
grant agreement and provide a recommendation to Council, and the Council will
give the final approval. Any work that has already begun will not qualify for the
grant.
Member May was concerned with approving $35,000. She asked ifthe EDA can
approve the $6,190 which is half the fire suppression system. Staff was looking
for some flexibility in case the bids came in higher. Member Larson suggested
rather than approving $35,000 why not approve the total cost of the work,
knowing it will be half. Member Fogarty suggested approving $10,000. Staff
explained if the bid is greater than what is awarded by the EDA, it would have to
come back for approval. The grant requires Council approval, because the
Council is a subrecipient of CDBG funds. Member Bonar asked if we have to
approve an amount or just the concept. He asked who defines the scope of the
sprinkler work. Staff explained it depends on what is needed to meet the code
requirements. Member Bonar understood sprinkler drawings need to be signed
off by code officials before construction can begin. If there is a means to
competitively bid the project, would the EDA award to the bid amount. He was
trying to move this forward without being tied into a dollar amount. Staff felt
there was flexibility in awarding the grant; traditionally there has been a not to
exceed amount. MOTION by Fogarty, second by Larson to approve awarding
the grant in an unspecified dollar amount until after bids are received and an
agreement is brought to the EDA with the stipulations noted in the memo.
Member May asked why this is different than saying up to $35,000 and felt there
should be a maximum amount. Member Bonar felt approving the concept is the
necessity. Member Larson stated this is an estimated cost vs a bid cost. With the
other stipulations the amount could be $8,000 and the bids might come in at
$12,000. They have to seek three bids and obtain two bids. APIF, MOTION
CARRIED.
b) EDA Budget
Finance Director Walters presented the 2012 preliminary EDA budget. The
preliminary budget does not include expenditures needed to operate the EDA as
we did not have any approved revenue source. The changes to the budget were
reviewed with the EDA. Interest revenue is slightly lower than the preliminary
budget. Rental income was eliminated as the property was sold. Staff did add a
miscellaneous line for $2,495, legal services $2,000, $475 for electricity for the
Elm Street sign, and other legal fees may be incurred if the Riste lot is sold. The
miscellaneous revenue is if we charge rent for the Elm Street sign. We would be
able to cover electricity and legal fees with this revenue. With these additional
items, there would be a cash balance of$7,613, however this is reserved for the
escrows payable so we cannot use it. The escrows payable is money we are
EDA Minutes (Regular)
October 24, 2011
Page 3
holding for someone that we have to pay back. The fund balance would be
$17,272 with the $175,000 transfer that Council approved. That fund balance is
not cash and not available to use because it is tied up in receivables and payables.
Member Fogarty noted the loans receivable are from Vinge and CEEF. Member
May recalled we used to charge for the Elm Street sign and we were going to tear
it down, but it was expensive to do that. City Administrator McKnight noted staff
can ask the businesses if they are willing to pay rent for the sign. Member May
felt we should either charge rent or not light the sign at night.
Finance Director Walters noted staff has suggested $200 for mileage to be used
when a City vehicle is not available. In addition, there is a $240 stipend for the
ex-officio EDA members, but there is no revenue for that. Staff provided four
options:
1. Transfer $10,000 from fiscal disparities for operations for 2012. We
would have to look for another revenue source in 2013 and possibly an
EDA levy.
2. Transfer $50,000 from fiscal disparities which would wipe out the
interfund loan.
3. Not use the entire $175,000 against the loan, but use it for operations and
what is left would be applied to the interfund loan.
4. Eliminate the EDA, because is there a plan for the EDA, is there anything
for the EDA to do that the City could not do? There would no longer be
EDA audit costs. All revenues and expenditures would be transferred to
the general fund and with the sign revenue, there would be an increase of
$1,809. Community Development can do a lot of the same things the
EDA can do. Staff noted with an EDA there is greater flexibility in doing
development projects. The greatest challenge would be the perception of
eliminating the EDA.
Staff recommended option 2 as it eliminates the deficit, eliminates the interfund
loan and provides the EDA with operational revenue. Member Fogarty felt
discussing the long term value of the EDA is a good conversation for 2012.
Member Larson felt we should know the benefits of having an EDA vs not having
an EDA. He agreed with option 2. Member May recommended option 4 as we
can have these same discussions without a formal EDA. We need to look at the
dollars and if there is a savings that is the direction she would like to go. Our
primary goal is to bring the fund whole and we have an opportunity to make that
happen. Member Larson asked if option 4 should be a goal for next year or make
that decision now. Member May wanted to make the decision now. Member
Larson felt the EDA does not have all the information to make that decision.
Member May noted there would still be some function in Community
Development. Finance Director Walters stated the City has the ability to purchase
land, set up TIF districts, and a lot ofthe same abilities the EDA does. Economic
Development Specialist Hansmeier stated the reason EDA's were created was to
have greater flexibility in accomplishing goals of a development organization.
EDA Minutes (Regular)
October 24, 2011
Page 4
Mr. Clyde Rath, Farmington Business Association President, stated the FBA
would like to see an ongoing dialogue before that decision is made because they
are just starting the Steering Committee for GROW Farmington which will cover
a lot of economic development issues and the EDA is involved in that. He does
not want that decision made tonight without public input.
Member Bonar felt a dialogue would be healthy. Regardless of whether the EDA
moves forward with this title or is absorbed into the Council, it is important to be
perceived as a body that is not a rocking chair body, but an action group that has a
goal, mission, and a plan and moves towards it on a regular basis. Member Jolley
felt this needs more thought and conversation before a decision is made. She
agreed there is no need to duplicate efforts, but we are not at the point to make
that decision yet. Chair Bartholomay agreed with Member Larson that we need
more information and to have Member Donnelly's thoughts. He asked staff to
provide information on the benefits of having an EDA vs not having one and what
the difference would be with having a Community Development department. As
far as the budget, he agreed with option 2. Chair Batholomay noted we just added
two ex-officio members to the EDA. Member Jolley thought the purpose of
expanding the board was to get some outside opinion and have some interaction
between the FBA and GROW Farmington. We have not had an opportunity to do
that. Member May felt we could still do that without being an EDA. There are
other costs involved such as an audit. Member Jolley noted when GROW
Farmington started we did not have any EDA members in the group. We thought
we would make progress with collaboration between different groups in town.
She thought the ability to have that representation on the EDA would help to
make the group a stronger player. They have not had that opportunity, but she did
realize there is a budget consideration that needs to be addressed.
MOTION by Larson, second by Fogarty to approve option 2 and agreed to have a
conversation regarding option 4 at a later date. Voting for: Bartholomay,
Fogarty, Larson. Voting against: May. MOTION CARRIED.
9. CITY STAFF REPORTS
a) September/October Activity Report
Staff highlighted the activities that occurred over September and October.
b) ThisWeek News: Branding Helps Cities Attract, Retain Businesses
This article was provided to the EDA.
c) Small Business Lending Letter and Press Release
This information was provided to the EDA.
d) 2011 Farmers' Market Summary
A survey was sent to the Farmington Business Association to obtain feedback on
the Market. Eight surveys were returned and the results were presented to the
EDA. For 2011, the revenues did exceed expenditures. Dates for 2012 will be
June 14 - September 13. EDA members were very pleased with the turnout of the
Market.
EDA Minutes (Regular)
October 24, 2011
Page 5
Member May thanked staff for their work, but was concerned with using staff
time to run a Farmers' Market. If the businesses who sponsored the Market were
from the north, why is the Market not located at the north end? We have
discussed bringing both areas together, but why don't we have anything on the
north side? Is this about the downtown area or to provide fresh produce for the
City? She would like to see something on the north side. She felt the Market
should be run by an independent group. Member Bonar agreed and suggested a
neutral location may give the best advantage to the vendors and give equal
opportunity to northern and southern businesses. There is a cost associated to
having staff members participate that is not being realized. Hours committed by
staff to this are hours that could be committed elsewhere. Chair Bartholomay
agreed, but noted staff did a great job. He did not see it being the City's role to
run a Farmers' Market. Member May asked ifthis is how Markets start and then
a group takes it over. Staff explained Markets are either run by the City or are
part ofthe St. Paul Farmers' Market. Member Jolley stated a topic high on the list
of GROW Farmington is doing more things throughout the City. This is an
activity that would lend itself to being in a different venue and would not have a
problem with seeing this in different areas of town. When we have more success
with GROW Farmington we will see more things happening around town. This is
a process to get more activity all over town. It was an easy place to start and was
easily accessible. Staff noted electricity is needed for some vendors. Member
Larson noted when the Market was started, the main reason was to bring people to
downtown to see what Farmington has to offer. It was used as an economic
development tool. If we did not want it, we should have said no three years ago.
If we are going to let it run for three years and then cut if off, that looks foolish
where we want something and then we don't. Member Larson felt we should give
it a chance and staff knows where it will work best, but we do need to keep this
going. Chair Bartholomay agreed if no one else wants to take it over.
Mr. Mark Pellicci commented on the location. As a citizen of Farmington, we
should have learned a lesson with moving Dew Days around. It does not work to
continually move things around. It is a noble idea to move it north, but the
crowds and people will continue to decline because know one knows where it will
be. You have to have a spot and say this is where it is. Everyone knows where
the St. Paul Farmers' Market is and everyone knows where Lakeville's Farmers'
Market is. In Farmington for two years it was at the former Lampert's site, then
on Third Street, now you want to move it up north. The City has made a choice
and said it is downtown. We should stick with it downtown.
Staff noted Market customers did ask about moving from the Lampert's site to
Third Street and staff explained it was to make the Market more visible.
Customers really liked the new site. We advertise it everywhere and have signs
throughout town. Chair Bartholomay asked for the City Administrator's thoughts
on staff doing this. City Administrator McKnight noted this is a summary and he
is seeing a two to two split. We do spend other dollars that are not represented on
the spreadsheet. It is five to six hours for 14 weeks. Three years is not enough to
judge it and we just changed locations. He was happy with the size of the crowds
and hopefully it will grow. Chair Bartholomay noted if we did move it around, it
would be difficult to gauge the success.
EDA Minutes (Regular)
October 24, 20 II
Page 6
Mr. Clyde Rath noted there will be more support for the Market from the
downtown businesses next year. They wanted to see how it went for the first
year. With the success you will see more involvement.
10. ADJOURN
MOTION by Fogarty, second by Larson to adjourn at 7:33 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
:Jr>~'7L~ /Y7~
Cynthia Muller
Executive Assistant
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.farmington.mn.us
TO:
EDA Members
FROM:
Tina Hansmeier, Economic Development Specialist
SUBJECT:
Pellicci Ace Hardware - Commercial Rehabilitation Grant Agreement
DATE:
November 28,2011
INTRODUCTION
The City Council authorized the award of a Commercial Rehabilitation Grant to Pellicci Ace Hardware on November 7,
2011. Grant funds were awarded to assist the property owner in eliminating conditions detrimental to public health
and safety specific to the installation of a new roof and fire suppression system.
DISCUSSION
The City's Commercial Rehabilitation Grant Program is a program that provides assistance to property owners that
make eligible improvements to commercial properties to prevent deterioration of structures and encourages projects
that correct code violations. The total available balance in the Commercial Rehabilitation Grant program fund is
$53,500.
Pellicci Ace Hardware has purchased and will be converting the property at 3560 213th Street West from a former
empty medical building into a retail space. Their new facility is in need of a new roof, fac;:ade improvements,
handicap accessibility improvements and code violation upgrades.
Of the work identified, the installation of a fire suppression system and new room meet the program requirements.
Both improvement projects have been identified by appropriate city staff to be code deficiencies. Copies of bids
received for the project have been provided and reviewed by staff. All documentation required of the program has
been received.
The program requires for every $1 dollar of grant funds provided the applicant must provide $1. Three competitive
bids were received for the installation of a new roof and ranged from $12,454 up to $19,686. Three competitive bids
were received for the installation of the fire suppression system and ranged from $49,700 up to $72,550.
ACTION REQUESTED
Provide favorable recommendation to City Council to award a Commercial Rehabilitation Grant to Pellicci Ace
Hardware (Farmington Stallions, LLC) for $31,122.50.
Respectfully Submitted,
Tina Hansmeier, Economic Development Specialist
City of Farmington
Commercial Rehabilitation Grant Program
Grant Agreement
This agreement is made and entered into this ~ day of ~M,~\ ,2011, by and between
Farmington Stallions, LLC, a Limited Liability company, having its principal offices at 13683 Dunbar Way,
Apple Valley, Minnesota (hereinafter referred to as "Grantee") and the City of Farmington, a public body
corporate and politic, having its principal offices at 430 Third Street, Farmington, Minnesota (hereinafter
referred to as "Grantor").
WHEREAS, the Grantor is a Subrecipient of Dakota County Community Development Agency in the
County's Community Development Block Grant ("CDBG") Program; and
WHEREAS, the Grantor has established a Commercial Rehabilitation Grant Program funded by its
entitlement of CDBG funds to assist businesses with the elimination of specific conditions detrimental to
public health and safety; and
WHEREAS, the Grantee shall match the total Grant amount received from the Grantor based upon the
expenditure of one dollar of Grantee funds for each one dollar of Grant funding; and
WHEREAS, the Grantee has applied for Commercial Rehabilitation Grant funds to convert the building
located at 3560 213th St W, Farmington, Minnesota, from an empty medical clinic to a retail space for
Pellicci ACE Hardware; and
WHEREAS, the Grantee has requested funding to assist with the installation of a new roof and installation
of a new fire suppression system; and
WHEREAS, the Grantor has reviewed the Grantee's application and determined that the proposed
rehabilitation project eliminates specific conditions detrimental to public health and safety.
NOW THEREFORE, in consideration of the Grant and the mutual covenants contained herein, the parties
agree as follows:
1. The Grantor agrees to provide a maximum of $31,122.50 (thirty-one thousand one hundred
twenty two dollars and fifty cents) in CDBG funds to the Grantee for the installation of a new roof
and fire suppression system (the "Project") to eliminate conditions detrimental to public health and
safety.
2. The Grantee agrees to use the proceeds of the Grant solely for the installation of a new roof and
installation of a new fire suppression system.
3. The Grantee will provide the Grantor copies of the bids received for the Project prior to the award
of bids. Grantee must solicit at least three businesses and obtain two competitive bids for all
work to be done as part of the Project.
4. The Project shall be completed in a timely manner and all Grant funds must be used within one
year from the date of the grant agreement ("End Date"). The End Date may be extended beyond
the original End Date up to one year, upon written approval of the Grantor.
5. The Grantee will require all contractors to pay federal prevailing wages (Davis Bacon Act) to
employees working on the Project. The wage determination for this project is MN100068
10/14/2011 (Attachment B).
6. The Grantee will require all contractors to submit weekly Davis Bacon payroll documents to the
Dakota County CDA (contact: Lisa Henning, Assistant Director of Community and Economic
1
Development). Such payroll documents must be approved by the Dakota County CDA before
reimbursement payments will be made to the Grantee.
7. Grant funds will be paid on a reimbursement basis only after all improvements have been
completed according to the authorized scope of work and have been accepted by the Grantor.
8. The grant agreement will be terminated 90 days from the date of this Agreement if construction
work has not yet begun.
9. The Grantee agrees not to relocate outside of the City of Farmington for a period of three years
after the date of this grant agreement.
10. The Grantee shall defend, indemnify, and hold harmless the officers and employees of the
Grantor and the Dakota County CDA from all liability and claims for damages arising from bodily
injury, death, property damage, sickness, disease, or loss and expense resulting from or alleged
to result from Grantee's operations under this Agreement.
11. The Grantee agrees to keep in force at all times during the term of this Agreement a
comprehensive general liability insurance policy covering any injury and/or property damage
caused by any negligent act or omission on the part of the Grantee, its agents, or employees in
the performance of or with relation to the work or services to be performed or furnished by the
Grantee under the terms of this Agreement in an amount of $1,000,000.00. The Certificate of
Insurance shall include the Grantor and Dakota County CDA as certificate holders by
endorsement. The Grantee further agrees to maintain worker's compensation coverage in
accordance with state law. Certificates of Insurance evidencing such insurance policies shall be
provided to the Grantor prior to initiation of the work under the Project activities covered by this
Agreement and before any reimbursement of grant funds is made.
12. The Grantee agrees to comply with all local, state, and federal equal employment opportunity
laws and ordinances as they pertain to unlawful discrimination on account of race, color, creed,
religion, national origin, sex, sexual or affectional orientation, marital status, status with regard to
public assistance, familial status, disability or age.
13. The Grantee agrees to comply with other Federal CDBG contract provisions as detailed in
Attachment A.
14. The Grantee agrees to comply with the Federal Labor Standard Provisions and Standard
Assurances as detailed in Attachment C and Attachment D.
15. Grantee agrees that if there occurs any breach in the terms of this agreement after payment of
CDBG funds that is not cured within 30 days or such longer period as may be necessary after
written notice from the Grantor to the Grantee of such breach, the Grantor may take whatever
action, including legal, equitable or administrative action, which may appear necessary or
desirable to the Grantor, to enforce performance and observance of any obligation, agreement, or
covenant of the Grantee under this Agreement. In addition, upon said breach and the failure to
cure said breach within 30 days or such longer period as may be necessary after written notice
from the Grantor to the Grantee of such breach, the Grantor shall have the option to require the
Grantee to reimburse the Grantor CDBG funds, plus any expenses incurred by the Grantor to
include, but not necessarily be limited to, administrative and legal expenses and any investment
of CDBG funds.
2
IN WITNESS WHEREOF, the parties hereto have hereby executed this Agreement as of the year and
date written above.
GRANTOR:
GRANTEE:
BY:
FARMINGTON STALLIONS, LLC.
By:.~Q~
CITY OF FARMINGTON
ITS:
ITS: c.. E 0
BY: \V\:..r.\..~.1 ~Q,~~
ITS: C ~O
BY:
ITS:
3
Attachment A - PROVISIONS FOR CDBG FUNDED CONTRACTS
I. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subiect to Executive Order 11246. as Amended
(Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under.)
During the performance of this contract, the contractor agrees as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for
employment are employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of payor other forms of compensation; and selection for training, including apprenticeship.
2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex, or national
origin.
3. Contractors shall incorporate the foregoing requirements in all subcontracts.
B. Executive Order 11245
(Applicable to Federally assisted contracts and related subcontracts of$10,000 and over.)
1. Section 202 Equal Opportunity Clause
During the performance ofthis contract, the contractor agrees as follows:
(A) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this non-discrimination clause.
(B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration without regard to race, color,
religion, sex, or national origin.
(C) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice advising the said labor union or workers'
representatives of the contractor's commitment under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(D) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
(E) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the Department and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and others.
(F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(G) The contractor will include the provisions of the sentence immediately preceding paragraph (A) and the
provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
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September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the Department may
direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the Department, the contractor may request the
United States to enter into such litigation to protect the interest of the United States.
2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order
11246).
(A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Opportunity Construction Contract Specifications" set forth herein.
(B) The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for Women / Minority Participation
5% Overall
Timetables:
N/A
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or
federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order
and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specific affirmative action obligations required by the specifications set forth in 41- CFR 60-4.3
(a), and its efforts to meet the goals established for the geographical area where the contract resulting from
this solicitation is to be performed. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make
a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority
or female employees or trainees from Contractor to Contractor or from project to project for the sole
purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the
regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours
performed.
(C) The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of the award of any construction subcontract in excess of $
10,000 at any tier for construction work under the contract resulting from this solicitation. The notification
shall list the name, address and telephone number of the subcontractor; employer identification number;
estimated dollar amount of the identification number; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in which the contract is to be
performed.
(D) As used in this Notice, and in the contract resulting form this solicitation, the "Covered Area" is Dakota
County, Minnesota.
3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order
11246)
(A) As used in these specifications:
(1) "Covered area" means the geographical area described in the solicitation from which this contract
resulted;
(2) "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
(3) "Employer identification number" means the Federal Social Security number used on the Employer's
Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
(4) "Minority" includes:
(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
2
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless ofrace);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands): and
(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North American and maintaining identifiable tribal affiliations through membership and
participation or community identification).
(B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of
these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
(C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that for
those trades which have unions participating in the PIan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
subcontractor participating in an approved PIan is individually required to comply with its obligations
under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in
which it has employees. The overall good faith performance by other Contractors or Subcontractors toward
a goal in an approved PIan does not excuse any covered Contractor's or Subcontractor's failure to take
good faith efforts to achieve the PIan goals and timetables.
(D) The Contractor shall implement the specific affirmative action standards provided in paragraphs (G)(1)
through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female
employees the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. The Contractor is expected to make substantially uniform progress toward
its goals in each craft during the period specified.
(E) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 11246, nor the regulations
promulgated pursuant thereto.
(F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be
employed by the Contractor during the training period, and the Contractor must have made a commitment
to employ the apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor.
(G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensive as the following;
(1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites,
and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall
specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware
of and carry out the Contractor's obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.
(3) Maintain a current file of the names, addresses and telephone numbers of each minority and female
off-the-street applicant and minority or female referral from a union, a recruitment source or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union or, if referred, not employed by the Contractor, this shall be documented in the file with the
reason therefore, along with whatever additional actions the Contractor may have taken.
3
(4) Provide immediate notification to the Director when the union or unions with which the Contractor has
a collective bargaining agreement has not referred to the Contractor a minority person or woman sent
by the Contractor, or when the Contractor has other information that the union referral process has
impeded the Contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship needs,
especially those programs funded or approved by the Department of Labor. The Contractor shall
provide notice of these programs to the sources compiled under (G)(2) above.
(6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at lease once a year; and by posting the
company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
(7) Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination
or other employment decisions including specific review of these items with onsite supervisory
personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work
at any job site. A written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the contractor's EEO policy externally be including it any advertising in the news media,
specifically including minority and female news media, and providing written notification to and
discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the
Contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations,
to schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons and women and,
where reasonable, provide after school, summer and vacation employment to minority and female
youths both on the site and in other areas of a Contractor's work force.
(11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR
part 60-3.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do
not have a discriminatory effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor's obligations under these specifications are
being carried out.
(14) Ensure that all facilities and company activities are non-segregated except that separate or single-user
toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(15)Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
(16)Conduct a review, at least annually, of all supervisors' adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
(H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations [(G)(1) through (16)]. The efforts of a contractor association, joint
contractor-union, contractor-community, or other similar groups of which the contractor is a member and
participant, may be asserted as fulfilling anyone or more of its obligations as enumerated above provided
that the Contractor actively participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry, ensures that the concrete
4
benefits of the program are reflected in the Contractor's minority and female workforce participation,
makes a good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
(I) A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women is
underutilized).
(1) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race, color, religion, sex, or national origin.
(K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
(L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry
out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
(M) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensive as those standards prescribed in paragraph (G) of these specifications, so
as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor
fails to comply with the requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
(N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure
that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may
be required by the Government and to keep records. Records shall at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation if any, employee identification
number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations
at which the work was performed. Records shall be maintained in an easily understandable and retrievable
form; however, to the degree that existing records satisfy this requirement, contractors shall not be required
to maintain separate records.
(0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of local or
other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
4. Segregated Facilities
The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a
segregated manner or permit their employees to perform their services at any location under their control where
segregated facilities are maintained except that separate or single user toilet and necessary changing facilities
shall be provided to assure privacy between the sexes.
C. Section 503 Handicapped - Affirmative Action for Handicapped Workers
(Applicable to Federally assisted contracts and related subcontracts if $2,500 or over.)
1. The Contractor will not discriminate against any employee or applicant for employment because of physical or
mental handicap in regard to any position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat
qualified handicapped individuals without discrimination based upon their physical or mental handicap in all
employment practices such as the following: employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of payor other forms of compensation, and selection for training,
including apprenticeship.
2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the Act.
5
3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance
may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued
pursuant to the Act.
4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices
shall state the Contractor's obligation under the law to take affirmative action to employ and advance in
employment qualified handicapped employees and applicants for employment, and the rights of applicants and
employees.
5. The Contractor shall notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503
of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
6. The Contractor will include the provisions of this clause in every subcontract or purchase order of $ 2,500 or
more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act,
so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce such provisions, including action for non-compliance.
D. Section 402 Veterans of the Vietnam Era
(Applicable to Federally assisted contracts and related subcontracts of$10,000 or over.)
1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era
(A) The Contractor will not discriminate against any employee or applicant for employment because he or she
is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance
in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without
discrimination based upon their disability or veteran status in all employment practices such as the
following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination,
rates of payor other forms of compensation, and selection for training, including apprenticeship.
(B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of
the execution of this contract and those which occur during the performance of this contract, including
those not generated by this contract and including those occurring at an establishment of the Contractor
other than the one wherein the contract is being performed but excluding those of independently operated
corporate affiliates, shall be listed at an appropriate local office of the State employment service system
wherein the opening occurs. The Contractor further agrees to provide such reports to such 10cal office
regarding employment openings and hires as may be required. State and 10cal government agencies
holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate
office of the State employment service, but are not required to provide those reports set forth in paragraphs
(D) and (E).
(C) Listing of employment openings with the employment service system pursuant to this clause shall be made
at least concurrently with the use of any other recruitment source or effort and shall involve the normal
obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for
veterans and non-veterans. This listing of employment openings does not require the hiring of any
particular job applicant or from any particular group of job applicants, and nothing herein is intended to
relieve the Contractor from any requirements in Executive Orders or regulations regarding non-
discrimination in employment.
(D) The reports required by paragraph (B) of this clause shall include, but not be limited to, periodic reports
which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more
than on hiring 10cation in a State, with the central office of the State employment service. Such reports
shall indicate for each hiring 10cation (1) the number of individuals hired during the reporting period, (2)
the number of non-disabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the
Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered
veterans hired for on-the-job training under 38 U.S.c. 1787. The Contractor shall submit a report within 30
days after the end of each reporting period wherein any performance is made on this contract identifying
data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports
submitted until the expiration of one year after final payment under the contract, during which these reports
6
and related documentation shall be made available, upon request, for examination by any authorized
representatives of the contracting officer or of the Secretary of Labor. Documentation would include
personnel records respecting job openings, recruitment and placement.
(E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall
advise the employment service system in each State where it has establishments of the name and 10cation of
each hiring 10cation in the State. As long as the Contractor is contractually bound to these provisions and
has so advised the State system, there is no need to advise the State system when it is no longer bound by
this contract clause.
(F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50
states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands.
(G) The provision of paragraphs (B), (C), (D), and (E) of this clause do not apply to openings which the
Contractor proposes to fill from within his own organization or to fill pursuant to a customary and
traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once
an employer decides to consider applicants outside of his own organization or employer-union arrangement
for that opening.
(H) As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to openings which occur in the
following job categories: Production and non-production; pIan and office; laborers and mechanics;
supervisory and non-supervisory; technical; and executive administrative, and professional openings
that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time
employment, temporary employment of more than 3 days duration, and part-time employment. It does
not include openings which the contractor proposes to fill from within his own organization or to fill
pursuant to a customary and traditional employer-union hiring arrangement or openings in an
educational institution which are restricted to students of that institution. Under the most compelling
circumstances an employment opening may not be suitable for listing, including such situations where
the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary
to national security, or where the requirement of listing would otherwise not be in the best interest of
the Government.
(2) "Appropriate office of the State employment service system" means the 10cal office of the Federal-
State national system of public employment offices with assigned responsibility for serving the areas
where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico,
and the Virgin Islands.
(3) "Openings which the Contractor proposes to fill from within his own organization" means employment
openings for which no consideration will be given to persons outside the Contractor's organization
(including any affiliates, subsidiaries, and the parent companies) and includes any openings which the
Contractor proposes to fill from regularly established "recall" lists.
(4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-
union hiring arrangement" means employment openings which the Contractor proposes to fill from
union halls, which is part of the customary and traditional hiring relationship which exists between the
Contractor and representatives of his employees.
(I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the act.
(J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-
compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the act.
(K) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through the contracting
officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to
employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the
rights of applicants and employees.
(L) The Contractor will notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the contractor is bound by the terms of the
Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ
and advance in employment qualified disabled veterans and veterans of the Vietnam Era.
(M) The Contractor will include the provisions of this clause in every subcontract or purchase order of $ 10,000
or more unless exempted by rules, regulation, or orders of the Secretary issued pursuant to the Act, so that
7
such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions, including action for noncompliance.
E. Section 109 of the Housing and Community Development Act of 1974.
No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds made available under this title.
F. "Section 3" Compliance in the Provision of Training, Emplovment and Business Opportunities
1. The work to be performed under this contract is on a project assisted under a program providing direct Federal
financial assistance from the Department of Housing and Urban Development and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3
requires that to the greatest extent feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in the area of the project.
2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant
thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135 and all applicable
rules and orders of the Department issued there under prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual or other disability which would prevent them from
complying with these requirements.
3. The Contractor will send to each labor organization or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of
workers representative of his commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project
and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action
pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the
Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under
24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these regulations.
5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable
rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition
of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such
assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or
recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant
or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are
specified by 24 CFR Part 135.
II. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000)
A. During the performance of this contract, the Contractor and all subcontractors shall comply with the requirements of
the Clean Air Act, as amended, 42 USC 1251 et seq., and the regulations of the Environmental Protection Agency
with respect thereto, at 40 CFR Part 15, as amended.
B. In addition to the foregoing requirements, all non-exempt contractors and subcontractors shall furnish to the owner,
the following:
1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any non-
exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the Environmental
Protection Agency (EP A) pursuant to 40 CFR 15.20.
2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as
amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC
1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements
specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
8
3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification
received from the Director, Office of Federal Activities, EP A, indicating that a facility utilized, or to be utilized
for the contract, is under consideration to be listed on the EP A List of Violating Facilities.
4. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in
paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the Contractor will
take such action as the Government may direct as a means of enforcing such provisions.
III. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
10an, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all sub-
awards at all tiers (including subcontract, sub-grant, and contracts under grants, loans, and cooperative agreements)
and that all sub-recipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction
imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
9
Attachment B - WAGE DETERMINATION (MN 10006810/14/2011)
10
Page lof7
General Decision Number: MN100068 10/14/2011 MN68
State: Minnesota
Superseded General Decision Number: MN20080068
Construction Type: Building
County: Dakota County in Minnesota.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Modification Number
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
ASBE0034-009 06/01/2011
Publication Date
03/12/2010
06/04/2010
08/06/2010
09/03/2010
09/24/2010
10/01/2010
12/03/2010
01/21/2011
02/04/2011
03/04/2011
05/13/2011
06/03/2011
06/10/2011
06/17/2011
06/24/2011
07/01/2011
07/08/2011
07/22/2011
08/12/2011
08/26/2011
10/14/2011
Rates
Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Includes
application of all insulating
materials, protective
coverings, coatings &
finishes to all types of
mechanical systems)..............$ 41.07
BOIL0647-007 07/01/2009
----------------------------------------------------------------
18.39
Rates
Fringes
BRMNOOOI-049 05/01/2011
BOILERMAKER.. .... ................$ 33.84
18.53
--------------------~-------------------------------------------
TILE SETTER......................$ 28.89 17.09
Rates Fringes
Eilliiiiii l:l~ :t
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----------------------------------------------------------------
BRMN0008-013 05/01/2010
Rates
Fringes
BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . . $ 33.30
----------------------------------------------------------------
14.74
CARP0087-015 05/01/2009
Rates
Fringes
CARPENTER (Including
Acoustical Installation,
Drywall Hanging & Form Work) .....$ 31.79
----------------------------------------------------------------
16.10
CARP0190-010 06/01/2009
Rates
Fringes
LATHER. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33.04
14.87
----------------------------------------------------------------
ELEC0110-013 03/01/2009
Rates
Fringes
ELECTRICIAN (Low Voltage,
including wiring for Alarms)
Installer..... ........ .... ..$ 21.68
Technician (Installation
of Controller) . . . . . . . . . . . . . . $ 30.98
10.48+a,b
12.18+a,b
FOOTNOTES:
a. 1 year service - 5 days paid vacation; 2 years service _
10 days paid vacation; 5 years service - 12 days paid
vacation; 7 years service - 14 days paid vacation; 9 years
service - 16 days paid vacation; 11 years service - 18 days
paid vacation; 12 years service - 20 days paid vacation
b. 8 Paid HOlidays: New Year's Day; Memorial Day; 4th of
July; Labor Day; Thanksgiving Day; Day after Thanksgiving;
the normal work day preceding Christmas Day; & Christmas Day
----------------------------------------------------------------
ELEC0110-014 05/01/2010
Rates
Fringes
ELECTRICIAN... ...... ...... .......$ 35.55
20.37
----------------------------------------------------------------
ELEV0009-002 01/01/2011
Rates
Fringes
ELEVATOR MECHANIC................$ 42.06
21.785
FOOTNOTE:
PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
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Page 3 of7
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0049-042 05/01/2011
Rates
Fringes
OPERATOR:
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
Power Equipment
1.. " . '" ... .... .. ... .$
2.... . '" '" . . ..... ...$
3.. .., . " .. . . . ... .. '" $
4.................... .$
5............... ......$
6.................... .$
7.................... .$
8.................... .$
34.64
34.30
32.89
32.55
32.38
30.87
29.75
27.74
15.85
15.85
15.85
15.85
15.85
15.85
15.85
15.85
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Truck & Crawler Crane with 200' of Boom & Over,
including Jib ($.50 premium with 300' of Boom & over,
including jib); & Tower Crane 250' & Over.
GROUP 2: Truck & Crawler Crane with 150' of Boom, up to but
not including 200' of Boom, including Jib; & Tower Crane
200' & Over.
GROUP 3: Traveling Tower Crane; Truck & Crawler Crane, up to
but not including 150' of Boom, including Jib; Tower Crane
(Stationary) up to 200'; All-Terrain Vehicle Crane, Boom
Truck over 100 ft, Dragline.
GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or more);
Overhead Crane (inside building perimeter), Excavator.
GROUP 5: Asphalt Spreader, Bulldozer, Curb Machine, Drill,
Forklift, Compressor 450 CFM or over (2 or more machines);
Boom Truck up to 100 ft, Loader over 1 cu yd, Hoist (lor
2 drums); Mechanic, Milling Machine, Roller, Scraper,
Tractor over D2.
GROUP 6: Bobcat/Skid Loader, Loader up to 1 cu. yd., Tractor
D2 or similar size.
GROUP 7: Compressor 600 CFM or over, Crane Oiler, Self
Propelled Vibrating Packer.
GROUP 8:
Oiler, Greaser (Tractor/Truck).
----------------------------------------------------------------
IRON0512-002 05/01/2011
Rates
Fringes
IRONWORKER, REINFORCING,
ORNAMENTAL AND STRUCTURAL........$ 34.05
20.37
* LAB00132-006 03/04/2011
-----------------------..---------------------------------------
Rates Fringes
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LABORER (ASBESTOS ABATEMENT)
Removal from Floors, Walls
& Ceilings..... ...... .......$ 29.43
12.75
* LAB00132-023 05/01/2011
----------------------------------------------------------------
Rates
Fringes
LABORER
Group 1..................... $ 30. 06
Group 2..................... $ 30.56
13.33
13.33
LABORERS CLASSIFICATIONS
GROUP 1 - Common or General Laborer, Asphalt Raker, Asphalt
Shoveler, Carpenter Tender, Concrete Saw, Form Stripping,
Mason Tender (Brick, Cement/Concrete), Plaster Tender,
Scaffold Builder (Brick and Masonry), Top Person, Vibrating
Plate
GROUP 2 - Pipelayer, Bottom Person
----------------------------------------------------------------
PAIN0061-007 05/01/2011
Rates
Fringes
Drywall
Finisher/Taper..... .........$ 32.39
Sander. . . . . . . . . . . . . . . . . . . . . . $ 24. 29
PAINTER
Brush, Roller............... $ 30.89
Spray. . . . . . . . . . . . . . . . . . . . . . . $ 31.64
17.45
17.45
----------------------------------------------------------------
17.76
17.76
PAIN1324-006 05/31/2010
Rates
Fringes
GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 35. 75
* PLAS0265-005 06/01/2011
----------------------------------------------------------------
12.85
Rates
Fringes
PLASTERER. . . . . . . . . . . . . . . . . . . . . . . . $ 28.94
----------------------------------------------------------------
19.58
PLAS0633-054 05/01/2011
Rates
Fringes
CEMENT MASON/CONCRETE FINISHER...$ 31.14
----------------------------------------------------------------
16.60
PLUM0034-011 05/01/2011
Rates
Fringes
PLUMBER (Excluding HVAC Pipe
Installation) . . . . . . . . . . . . . . . . . . . . $ 38.99
20.81
FOOTNOTE:
Paid Holiday: Labor Day
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tl!~mijl!gJmillu>illullllll_;"ll~______,>....._..>>.. >00..00>
Page 50f7
----------------------------------------------------------------
PLUM0417-003 06/01/2011
Rates
Fringes
SPRINKLER FITTER (Fire) ..........$ 39.89
20.64
FOOTNOTE:
Paid Holidays: Memorial Day; July 4th; Friday before Labor
Day; Labor Day; Columbus Day; & Thanksgiving Day
----------------------------------------------------------------
PLUM0455-012 05/01/2011
Rates
Fringes
PIPEFITTER. . . . . . . . . . . . . . . . . . . . . . . $ 38.95
----------------------------------------------------------------
23.09
ROOF0096-022 05/01/2011
Rates
Fringes
ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34.14
14.60
FOOTNOTE: Paid Holiday - Labor Day
----------------------------------------------------------------
SHEE0010-052 05/01/2009
Rates
Fringes
SHEET METAL WORKER (Including
HVAC Duct and System
Installation).............. ......$ 38.46
18.34
FOOTNOTE: Paid Holiday: Labor Day
----------------------------------------------------------------
SUMN2009-043 07/27/2009
Rates
Fringes
INSTALLER - SIGN.................$ 20.32
5.05
LABORER: Landscape..............$ 12.88
----------------~-----------------------------------------------
4.61
TEAM0346-005 05/01/2008
Rates
Fringes
TRUCK DRIVER
2-Axle Dump Truck...........$ 24.80
3-Axle Dump Truck...........$ 25.05
9.70
9.70
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Boom Truck
GROUP 2: Ready Mix, Tractor Trailor
GROUP 3: Fork Lift, Mechanic, Tandem or 3 axle truck
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GROUP 4: Dumpman, Farm Tractor, Single or 2 axle Truck
_1J1l jJm.Uill9tl~'LlnJn':-~J!i,~--'~~!tleH~;~;~'iil~~~_._..............__,~'''',,~_ W~
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----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
========;===============================================
Unlisted classifications needed for work not included within
the scope of the
classifications listed may be added after award only as
provided in the labor
standards contract clauses (29 CFR S.S(a) (1) (ii)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under the
identifier do not reflect collectively bargained wage and
fringe benefit
rates. Other designations indicate unions whose rates have
been determined
to be prevailing.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing publiShed wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage
determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries
of surveys, should be with the Wage and Hour Regional Office
for the area in
which the survey was conducted because those Regional Offices
have
responsibility for the Davis-Bacon survey program. If the
response from this
initial contact is not satisfactory, then the process described
in 2.) and
3.) should be followed.
With regard to any other matter not yet ripe for the formal
process
described here, initial contact should be with the Branch of
Construction
Wage Determinations. Write to:
http://www. wdol.gov/wdol/scafiles/davisbaconlMN68.dvb
10/20/2011
Branch of Construction Wage Determinations
~r. lli.llliJj:]1UI-IUJllffi['m1iUj"~~~__"'''''4~___''__'.
Page 7 of7
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party
(those affected by the action) can request review and
reconsideration from
the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR
Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested
party's position and by any information (wage payment data,
project
description, area practice material, etc.) that the requestor
considers
relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested
party may appeal directly to the Administrative Review Board
(formerly the
Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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10/20/2011
lliilU.nll[rO"lliilU:ljllllji~aw"~___...,,,,,,
Attachment C - FEDERAL LABOR STANDARD PROVISIONS
11
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included In this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (I) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work. will be paid
unconditionally and not less often than once a week. and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3). the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof. regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits
under Section l(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics. subject to the provisions of 29 CFR
5.5(a)(1)(lv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs. which
cover the particular weekly period. are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed. without
regard to skill. except as provided In 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided. That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work In a prominent and
accessible. place where II can be easily seen by the
workers.
(II) (a) Any class of laborers or mechanics which is not
listed In the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an addllional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
Previous editions are obsolete
U.S. Department of Housing
and Urban Development
Office of Labor Relations
(1) The work to be performed by the classification
requested is not performed by a classification In the wage
determination; and
(2) The classification Is utilized in the area by the
construction industry; and
(3) The proposed wage rate. Including any bona fide
fringe benefits. bears a reasonable relationship to the
wage rates contained In the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known). or their
representatives. and HUD or lis designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate). a report
of the action taken shall be sent by HUD or lis designee to
the Administrator of the Wage and Hour Division.
Employment Standards Administration. U.S. Department of
Labor. Washington. D.C. 20210. The Administrator. or an
authorized representative, will approve, modify. or
disapprove every additional classification action wllhin 30
days of receipt and so advise HUD or lis designee or will
notify HUD or its designee within the 30-day period that
addllional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor. the laborers or mechanics
to be employed in the classification or their
representatives. and HUD or lis designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits. where appropriate).
HUD or Its designee shall refer the questions. including
the views of all Interested parties and the recommendation
of HUD or its designee. to the Administrator for
determination. The Administrator. or an authorized
representative. will issue a determination within 30 days of
receipt and so advise Hub or its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph. shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(III) Whenever the minimum wage rate prescribed In the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
Page 1 of 5
fonn HUD-4010 (0612009)
ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found. upon the written request of
the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics. including
apprentices, trainees and helpers. employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, including any apprentice. trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may. after written notice to the contractor.
sponsor. applicant. or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance. or guarantee of funds until such
violations have ceased. HUD or its designee may. after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act
contracts.
3. (I) Payrolls and basic records. Payrolls and basic
records relating thereto shall be mainlained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name. address. and social security
number of each such worker, his or her correct
classification. hourly rates of wages paid (Including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
in Section l(b)(2)(B) of the Davis-bacon Act), dally and
weekly number of hours worked. deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan
or program described in Section l(b)(2)(B) of the Davis-
Bacon Act. the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable. that the plan or program is financially
responsible. and that the plan or program has been
Previous editions are obsolete
communicated in writing to the laborers or mechanics
affected. and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs. the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(II) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to
the contract. but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor. or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g.. the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour Division Web site at
httD://www.dol.aov/esa/whd/forms/wh347instr. htm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker. and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party. the
contractor will submit the payrolls to the applicant
sponsor. or owner. as the case may be. for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It Is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for Its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
'Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5.5
(a)(3)(ii). the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete;
Page 2 of 5
fonn HUD-4010 (0612009)
ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed. as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
'Statement of Compliance" required by subparagraph
A.3.(ii)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(III) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor. and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available. HUD or its designee
may, after written notice to the contractor. sponsor.
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(I) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration. Office of
Apprenticeship Training, Employer and Labor Services. or
with a State Apprenticeship Agency recognized by the
Office, or if a person Is employed in his or her first 90
days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually
registered In the program. but who has been certified by
the Office of Apprenticeship Training. Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who
Previous editions are obsolete
is not registered or otherwise employed as stated above.
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition. any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the Journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits.
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services. or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted' to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(II) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant . .to and individually registered In a
program which has received prior approval. evidenced by
formal certification by the U.S. Department of Labor.
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress.
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits In acc'ordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits. trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
Page 3 of 5
fonn HUD-4010 (0612009)
ref. Handbook 1344.1
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at les.s than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(III) Equal emptoyment opportunity. The utilization of
apprentices. trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
opportunlly requirements of Executive Order 11246. as
amended. and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision. and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided In 29 CFR
5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and Interpretations of the Davis-Bacon and
Related Acts contained In 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference In this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5. 6. and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of lis subcontractors) and HUD or
its designee. the U.S. Department of Labor, or the
employees or their representatives.
10. (I) Certification of Eligibility. By entering into this
contract the contractor certifies that neither It (nor he or
she) nor any person or firm who has an Interest in the
contractor's firm Is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(II) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(III) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code. Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever. for the purpose of . . . influencing in any
way theaclion of such Administration..... makes. utters or
publishes any statement knowing the same to be false.....
shall be fined not more than $5,000 or imprisoned not
more than two years. or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or Is about to testify In any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics. include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual Is employed on such work to work In excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth In subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (In the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each Individual
laborer or mechanic, Including watchmen and guards,
employed in violation of the clause set forth In
subparagraph (1) of this paragraph. in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth In sub
paragraph (1) of this paragraph.
Previous editions are obsolete
Page 4 of 5
form HU04010 (0612009)
ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld.
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract.
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided In the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph Care
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary. hazardous. or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in Imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et sea.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Page 5 of 5
form HUD-4010 (0612009)
ref. Handbook 1344.1
Previous editions are obsolete
Revised IOn/99
STANDARD ASSURANCES
I. NON-DISCRIMINA TION. During the performance of this Contract, the Contractor shall not unlawfully discriminate
against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age,
marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees
arc treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual
orientation, age, marital status or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices which set forth the provisions of this nondiscrimination clause.
The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified
applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual
orientation, age, marital status, or public assistance status.
No funds received under this Contract shall be used to provide religious or sectarian training or services.
The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not
meant to limit, laws which may be applicable:
A. The Eaual Emolovment Opportunity Act of 1972, as amended, 42 V.S.c. ~ 2000e ~ ~. which prohibits discrimination in
employment because of race, color, religion, sex or national origin.
B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits discrimination by V.S. Government
contractors and subcontractors because of race, color, religion, sex or national origin.
C. The Rehabilitation Act of 1973. as amended, 29 V.S.C. ~ 701 ~~. and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the
Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or
employment.
D. The A~e Discrimination in Emplovment Act of 1967, 29 V.S.C. * 621 ~~. as amended, and Minn. Stat. * 181.81, which generally
prohibit discrimination because of age.
E. The Equal Pay Act of 1963. as amended, * 29 V.S.C. * 206, which provides that an employer may not discriminate on the basis of
sex by paying employees of different sexes differently for the same work.
F. Minn. Stat. Ch. 363. as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, disability, sexual orientation or age.
G. Minn. Stat. & 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political
subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of
these terms may be cause for forfeiture of all sums due under the Contract.
H. Americans with Disabilities Act of 1990, 42 V.S.C. ** 12101 through 12213,47 U.S.c. ** 225,611, with regulations at 29 C.F.R.
* 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition or privilege of employment.
2. DA TA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used. maintained, or disseminated by
Contractor in the performance of this Contract is subject to the requirements of the Minnesota Govemment Data Practices Act, Minn. Stat.
Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy, and
Contractor must comply with those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Contractor.
Contractor does not have a duty to provide access to public data to the public if the public data are available from the governmental agency
(CDA), except as required by the terms of this Contract. All subcontracts shall contain the same or similar data practices compliance
requiremcnts.
3. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices,
and Olher evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the CDA and either the
Legislative or State Auditor, pursuant to Minn. Stal. * 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of
the Vnited States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to
maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in
progress requires a longer retention period.
4. WORKER HEALTH. SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its
employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all
subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor
and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under
this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards, regulations and rules
promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor.
~ c:l.r.
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
EDA Members
FROM:
Tina Hansmeier, Economic Development Specialist
SUBJECT:
Quality Ingredients Corporation - 21025 Edmonton Avenue
DATE:
November 28, 2011
INTRODUCTION
Quality Ingredients Corporation, Inc (Qle) is pursuing the purchase of the property located at 21025
Edmonton Avenue (Exhibit 1) for chemical and food ingredient processing. The property consists of two
parcels: Lot 1, Block 4, Farmington Industrial Park and Lot 1, Block 4, Farmington Industrial Park 2nd
Addition (Exhibit 2). Recorded against the property are a Development Contract (Exhibit 3) and the
Industrial Park Addition (Exhibit 4) and Industrial Park 2nd Addition Declarations of Covenants (Exhibit 5).
DISCUSSION
QIC requests approval of the following documents:
· Release of Land from Development Contract (Exhibit 6)
· Estoppel letters re: 1990 covenants (Resolution Exhibit A)
· Estoppel letters re: 1996 covenants (Exhibit 7)
Release of Land from Development Contract
The Development Contract is dated May 21, 1991 and is between the City and HRA. All requirements
outlined in the terms of the first phase of the Farmington Industrial Park have been completed. The
request for approval of the Release of Land from Development Contract to amend the original
Development Contract and release the land (Lot 1, Block 4, Industrial Park Addition) from the development
agreement.
The EDA should discuss the proposed use and alterations to the property in the specific context of the 1990
and 1996 covenants. In the covenants, the original Declarants (1990: Elizabeth C. Murphy and Bernard D.
Murphy and 1996: Bernard D. Murphy and Lexington Standard Corporation) appointed the HRA as the
agent and attorney-in-fact to act and to perform any act, function or duty of the Declarants hereunder."
Accordingly, the appropriate course of action would be for the EDA to review the proposed use and
alterations and acknowledge if they comply with the terms and conditions of the covenants. Qle's plans
and specifications are attached (Resolution Exhibit B).
· The proposed use of the property is for food and chemical ingredient processing whereby QIC
processes wet material into dry powders.
· The proposed alterations include:
o Raising a portion of the existing roof to a height of 68 feet.
o Installation of product silos on the southwest side of the building.
The proposed use and alterations to the property must satisfy both the city code and the applicable
covenants. On November 8th the Planning Commission approved Qle's request for a variance to exceed
the maximum height requirement within the IP (Industrial Park) Zoning District to raise a portion of the
existing roof. The City granted approval to allow for the outside storage of tanks. Please see the
November 8th staff memorandum for additional details (Exhibit 8).
Estoppel Letters
QIC has prepared the attached Declarant Estoppel letters and requests EDA's approval and execution. One
of the provisions included in both of the estoppel letters states "The Property is subject to the Declaration,
and the Property and all improvements thereon fullv complv with the terms and conditions of the
Declaration." The existing property has been reviewed for compliance with the Declarations of Covenants
and the following preexisting elements appear non-compliant: Loading dock location and screening, and
parking lot location. The EDA (as Declarant) can approve, by resolution, these "non-compliant" items
because they are preexisting.
The estoppel letter regarding the 1996 convenants includes a provision that the EDA (as Declarant) prior to
approving plans and specifications of any alteration, has provided opportunity for the property owner and
adjacent property owners to provide comment regarding Qle's proposed use and alteration of the
property. Notice has been provided. To allow sufficient time for comment, the EDA can not take action on
the 1996 covenant estoppel letter at tonight's meeting. Therefore. a special EDA meetim!: has be
scheduled for Mondav. December 5th at 6:45pm to consider comments and take action on this item.
Staff's recommendation is to approve and execute the Release of Land from Development Contract,
Resolution acknowledging existing 21025 Edmonton Avenue property conditions and Qle's proposed use
and alterations as compliant with Declarations of Covenants, and Estoppel letter regarding 1990
Declaration of Covenants.
ACTION REQUESTED
Approve and execute the attached Resolution approving the Release of Land from Development Contract
and approval of estoppel letter under declaration of covenants.
Respectfully Submitted,
Tina Hansmeier
Economic Development Specialist
Cc: File
Andrea McDowell-Poehler, City Attorney
Bob Freemore, QIC
ft. I
Property Card
ParcellD Number
14-25850-04-010
Fee Owner
Owner Information
RIVER VALLEY BANK
Mailing Address
327 N 17TH AVE
WAUSAU WI 54401
Property Address
Address
21025 EDMONTON AVE
Municipality
FARMINGTON
Last Qualified Sale
Sale Value
Uses
Parcel Information
Total Acres 2.31
$0.00 Rrw Acres
INDUSTRIAL-PREFFERED Water Acres
Plat
Lot and Block
Tax Description
FARMINGTON INDUSTRIAL PARK
14
Building Type
Building Style
Frame
Multiple Buildings
2011 Building Characteristics (payable 2012)
Year Built 0 Bedrooms
Foundation Sq Ft Bathrooms
Finished Sq Ft Misc. Building
Garage Sq Ft Other Garage
School District
192
Watershed District
VERMILLION RIVER
Miscellaneous Information
Homestead
NON HOMESTEAD
Green Acres Ag PreseNe Open Space
2011 Land Values (payable 2012)
2011 Building Values (payable 2012)
2011 Total Values (payable 2012)
2010 Total Values (payable 2011)
Assessor Valuation
Taxable
$327,500.00
$1,150,100.00
$1,477,600.00
$1,560,700.00
Estimated
$327,500.00
$1,150,100.00
$1,477 .600.00
$1,560,700.00
Net Tax (payable 2011)
$58,856.46
Property Tax Information
Special Assessments (2011)
$543.66
Total Tax & Assessments (2011)
$59,400.12
Disclaimer: Map and parcel data are believed to be accurate. but accuracy is not guaranteed. This is not a legal
document and should not be substituted for a title search, appraisal, sUNey. or for zoning verification.
Monday, November 21,2011
Dakota County. MN
Page 1 of 1
Print Preview
Page 1 of I
Dakota County, MN
fx
'2
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 419 feet
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be..," ( {C(\'S{i,c(( YO"", Dcuc \OpNC r-t CDntvllc*
http://gis.co.dakota.mn. us/website/dakotanetgis/printPreview.aspx?PrintOptData=Dakota c... 11/21/2011
2>(. '3
Plan D - praliulinnry Engineering Report
Plan E - Final Plllt of First Addition
4. R,eQuired Public Improvem~nts The Developer shall ins~aLl and pay for the
following:
A. Sanitary Sewe: System
Il. 'Water ::'ystem
C. Storm Sewer
D. Streets
E. Concrete Curb ,md Gutter
F. Stree t Signs
G. Street Li&hts
R. Sidewalks
I. Site Grading and Ponding
J. Undergraur.d U!:l aties
K. Setting of Lot and Block Monuments
L. 5tH"Ve)'i r.g and Staking
'The :Improvements shall. be installed in accordance with the prelimimlt'Y
engineering report. Plan A. and in accordance with City sl:a::ldards. (,rdinancell
and plams and specif.i,eations 'which havll been prepared by a :ompetenl: regtBt/:'lred
professiol,sl engineer furnished co the City and approved by the City Engineer.
The Develc)per shall o'btll1'11 all. n41CeSS&r.y permits from the M.~tropolil:an Wallte
Control Cmmaission and! other agel etes before proceeding with construction. The
Developer shall instruct: its engineet. 1:0 provide adeqU.:lte f:leld inspection
personnel to assure an iLceeptebl.e hveJ. of quality CO"ltx'ol 1:0 the e:ctent that
the Develnper's eng:f.neet: will be ab \.41 t.o eertHy ct
the clmstruction w01:k
2
I \<ll b,' ','. :'
! I Ii 1 .' .
~ . L I j 1" il ..
- I, ~ 11 t 1 .
. j \ '[I \ '. ..
I I ~ ..I:.b '.
I 'I '
iL I ~ I I \ !
.'
..ets the approved City freandard&: as a condition of City llcceptance. In
additioll. the City :illY. at th. Chy'loI discretion and at tt.e Developer's expensp.,
have one or 1I0re CHy inspectors /lnd a soil engineer inspect the work on a full
or part tille basis. The Ueveloper or hi3 engineer shaLL schedule a
preconstruction meetinl~ at liI mutulll1y aK:~eeabl.e tiUle at the City Council
chambers with all partj~s concern~d, incJuding the Cit:' stsff, to review the
program for the cons~ruc;tion work. Withj.n thirty (30) daY'1 after the cot!pletion
of thl1 improvements i1nd befon thll l1ecurity is released, the Developer shall
supply the City with a complete 5~.t of reproducible "As Built" plans.
5. Time of Performance The Developer shall install all required public
Improv81llents by June, 1991. The De'leloper lIIay, however. re~uest an extension of
tme frolD the City. If an extenS1'Jll is grant.d, it shall be conditioned upon
updating the security posted hy th'l Developer to reflect CO:Jt increases.
6. Ownership of l1!2!.!lveUlent:! Upc-Tl the ':')1IIplet10n of the w(lrk and construct1on
required to be doue by thiS ^nre'3l1emt, the :!.mprovelllcnts lyiroS wi. thin public
easements sball bec~~ City p:operty without further notice or action.
7. !arrant~ The Developer w~rrants all work req~ired to be performed by it
aSlIiulIt poor matedal and faulty workmanship fOL a period of one (1) year after
1\:8 cClIIlpletion and acceptance by tlm City. All landscaping tncluding. but not
limited to, treee, busl:1es, s:nubs. lIrass and !lod, ehall be warranted to be
alivlI, of good quality and disuse free for twelve (12) lllontlls after planting.
Any replacements sha.ll be wart'.1lnte,,~ for twlllve (12) months frOUl the time of
plant:ing. The Developer shall. pOl'lt 1llll:Lnter.!1nce bonds ot' other SIlcurity
acceptable to the City to secure the warranties.
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10. Landscaping 'thel DeveloplIr aha 11 landscape the plat in accordanCE: with Plan
C. t~. landscaplng shall be accomplished In accordance with a time schedule
approved by the C:Lty,
11. Phased DevclO'Plllent The plat shall be developed in eme (l) phue in
accordance with Plan A. No earth moving, construction of public improvements or
othor deve10plllent shall bl! dCnil in any phase until a final plat for t.he phase
has 'buen filed in eho County Recorcl~r' s office and the necessary security halJ
been furnished to t:'he Cit~'. Fot' purposes of this requirement, outlots shall not
be alltlmed to have been fins1- platted. The City moy refune to approve final
pla.ts of subseque'nt phasell until public improvemetlts for all prior phases have
been sa1:isfactClrily completed. Subject to the terms of this agreement. this
Doeve1.opment Colll:ract constitutes approval to develop phase numbot'. De'lelopment
of subsequent phases may ~ot proceed until develo~ment agreements for such
lIbasEla a-re approve'~ by the l;iClI.
12. !ffect of Subdivision ~2E!~~ For two years from the date of th1.s
Ae;reement, no amendloents to the (::lty' B compreh..,llsive Plan, el(Cepe an aUlendraent
placing the plat in tlle current urban service area, or rel!oving any pal't thereof
whicb has not been final platted, or official controls shull apply to, or affect
the use, develop1lll!n'l: density, lot s1ze. lot " ,"out or dedl.cations or platting
requir(~d or pennittlild by the approved preliminary plat unless required by State
01: Fe,deral law or agreed to in wdttng by the City and the Jllp.'~eJ.opl!r.
thereafter. not'Jithr.:tanding IInyl:1\;l118 in this Agreement: to thl! contrary. to the
full IllCtent penn1ttcd by State' .au, the City may requ:l,re, coml,liance with any
lJIlIendments to the CHy's Camprlohons:ive Plim (including removing unplatted
prop<:\rty f-rom the ul'bllln se"i,ce neB.). official controls, plal:ting OT dedication
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:llllprovements installed pur:Ju.ant tll the development I;Qntral:t hove been installed
and accepted by the C:I.ty.
17. ~lean UP The }":"lJlopu shall promptly clear from public stnetD and
property any 90il. ,!arth or debris resulting from construcc:l.on lTork by tbe
D~veloper or :l.ts agl!nt nr Ilss:!.gns.
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18. Security To gt.arante6. compliance witb the terms of l:h:1s Agreement. payulent
of the costs of ;111 pubolic 1.mpro\lements in Phase I 8';1d conDtruction of all
public illlprovements in Phas" I, tbe Developer shall furnish the City with a cssh
ucrar, from a bank for $ 65Z,OOO. The bank shall 1,e subje:ct to the approval of
the City Administrator. TM security shall be for a ptlriod ending JUlie, 1991.
If tbtl required publ!.c imprllvements are not completed. or terms of the agreement
are nut satisfied. a.t least thirty (30) days prior to the expiT.:!tiotl of
security. the City may dra1o' down the security. The C:I.ty may draw dOlm the
Sei:udty. without prtor ~'1ot:lce, for any violation of this Agrlll!11lent. The amount
of the security was calculated as follows:
Gl:ading $ 30.000 Monuments $ Iosltalle!d
~anitary Sewer $ lZ5.:B55 St. L:I~hts & Signs $ 1,000 (signs)
Water Main "' l4!'.500 Erosion Control $ Incl. in Street/SewerthTater
Storm Sew'lr $ 12.350 Engr, Sun & Insp $ Incl. in Street/Sever!Uater
Streets $ ~\3(l. lOO StO'ClD Selver Charge $ ..0-
Blvd. Trees $ !1.000 Blvd. S<Idding $ ..0-.
t9. fu!spo.!!!.i~gg'y.2~!..s~}
A. The Developer shall pay ull costs incurred by :It: or the City in
conjunction with the devetClp~:lent of the plat, including, 'ou.t not Hmit.ed to.
Soll and Wat-er Conlle'L"vatiol1 r.lstrl.c:t Ch:arg<as, legal },).a[lning, construcdon
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COlts .~sln.or1ns and in.p.c~ion expenses incurred in conn~ction with approval
aDd acceptance of the plat, the preparation of this Agre~ment, and all
l:easo1ll/.ble costs and expenses incurred by the City in IDonitoring and inlJpect:l.ng
development of the p ls. t.
B. The Developel: shall hold the City and its off1cers and eqlloyees
I1anless fl:OIll cla1ms made by itself and tr.il:d parties for devlagell sustained or
costs incurred l:esulting from plat approval and development. The Developer
shall indemnify the City and its officers and employe os for all costs, damages
or expenses which the City 'lIIay pay Cot incur in consequellce of such claims,
including attorney's fees.
C. The Developer shalt rei~bu"se the City for costs incurred in the
enforcelllent of this P.greement, incll:dlng engineering and attorney's fees.
"D. The Develoit'er shall pay in full all bills submitted to it by the City
within thirty (30) ,lays after rece:l.pt. If the bills are not paid on time. the
City Illay halt 1111 pl.at development w-ork until the bills are pa~ ~ in full. Bills
not paid Trlthin thi1:ty (30) clays shall accrue interest at; the rate of 6% per
year..
20. Developer's Defaulttn I:he event of default by the DevelOj)er as to any of
the \lol~k to be pedoned by it hereundttr. the City may, at ::lts o),tion, perfon
the woJ:l~ and the Dllv,eloper shall p,ompt:!y reimbu:rse the City for any expense
incurred by thE! City. provided the l>eveloper is first given wrJ,tten notice of
the work in default, not less than 48 hours in advance. This ~greement is a
licenlle for the City t<l ae~', and it shaJ 1 not be necessary for the City to se<ak
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I. Developul:' shall take out and maintain until aix Dlontr.s a!:ter the City
lias accepted the publill iuproVBments, public liability and property damage
insurance coveritLg perllonal injur~. includina death, and claims fO'r property
damege which may aris~ out. of Developer's work or the work of its subcontractors
.,r by one directly or indit.'l!ctly elllployed by any of them. Limits for bodi1.y
injury or death shall be not: leGs than $500,000 for OM perBon and $1,000,000
fol:' each occurrence; l~its fo~ pl~perty damage shall be not less than $200,000
for each occurren::e. The C:l ty shall be named as an additi.):nal named insu::ed on
sl~id pol icy, and ))nveloper shall file a copy of the inllurance coverage with the
C:f.ty pr:lor to the (:ity signlng the plat.
22. Notices Req\:dred notices to the Developer shall be in 'Hit:l,ng, and shall
be either hand delivered to the Developer, its employees or agents, or mailed to
'.:be Developer by certified (Ir roegistered mail. at the fo llowing address:
Fa11D:l.ngton Housing .and Rec'evelopment Authority, 325 Oak Street, FaI'll1ington,
.'ti.:uilesota, 55014. Hoticof!S to the City shall bu in writing and shall \le either
band dBlivered to the City Admin1st1:ator, or wailed to t:he City by certified
tGa:ll or regist:llred mail in cat'e of tile City Admin1stratc1r at the foll~rlng
ndc1nsfl: , FanningtoOn City Hall, 3'25 Oak Street. Farlllington. Minnesota 55024:
Attention: C:I.ty Administrator.
0iIr~n'8 :
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~"::. tin I.
e ,,_ ~_:I. ~1.6 .
l&Ur.1 eth C. !lu1:'JilhJ' ~ I
City of f_~ . ~
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~~ "",:/ ~ator
.-1.~~,f?;: Ah~J.d;;:,,-
Cha:Lr ~~ .
Hauaing fmd Redevelop_nt h1thority
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COHSEN~
Fend.ngton Houshg and Redevelopment .\uthot'ity, he owners of all Dr psr.t of the
SUbjllct property, the deve LoplIlent of which is governed by the fe-regoing
development agre.alllant, affi,rm and consent to the pr'oviB:ions thereof and agree to
be bound by said provisions as the same may apply to that portion of the subject
prop.,rty owed b;T them.
Dated this,JtQJy! ds}' of (\.'~";'1'-' 1990. _
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STATE OF MINNESQ]~A )
, ( as.
COlJNTY OF DAKOTA )
(L:r~. foregoln.g 1nslZqment was ackuc.wledged before me tht., ..a~Lday
of~' 1990 by 7:~...J!.:i ~-~~
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Notary Fubl1c . I<AAEN M. FINST!JEN
IIOTAIl'I pUlUl
. DAKOTA COUNTY
IJV ~~+'.\1l1
STATE OF MINNESOT~ )
( ;ss.
~nstrumentt was ::.cknowledged before me thill _;;;3.flJ,. day of
.J!. (U Ll J.< Ilfr-~ ._- "
~ lk. k~;;;t,v-
Notary Public
COUNTY OF DAKOTA
n:. I ~l1e foregoinlt
~t. 19!:!). b:/
Drafted by:
City of Farm.ngton
325 Oak Street
Val "lington, Minnesota 55024
~.!I;' ~ En ~'"
lClTASN PU8l.lC
. DAKOTA coullTY
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APPENDIX A
CIT~ OF FARMINGTON
DEVBLOPERS AGRHKMENT
FARMINGTUN I.NDUSTRIAL PARK PLAT
STORM SEWER AND WATER AREA CHARGES
: 'rOTAL LOT AREA I 34. ~a
STORR SEWER CHARGe: $125.779.5Q
,:WATER AREA CHARGE: $59,630.00
STORN SEWER \>lATER TOTAL
Lo'r BLOCK AREA % AREA AREA CHARGES
------------- - -----... -.- --------- --.... ------------ ------..--- .--- ----------------
1 1 2.1.8 6.3.17% $7,945.50 $3.767,2J. $11.712.71
2 1 Loo '. . 810% $0.050.25 $2.866.6J. $8,918.86
J 1 1.J"i' .3. 97V't. :)4.'J9J.2.7 U.36i".47 $7.3&0.14
10 1 1.37 J.970'\ $4.993.27 :~2.367.47 :;'7.360.74
;:; 1 1.46 ,~. 231% $5,321. .30 :52,523.uv $7.844.30
1 2 2.54 7.360% $9,257.&0 $4,389.32 $13,646.92
2 " 2.0S 6.02.7% $7,58l.v3 $3,59...41) $1l.,175.43
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3 2. 1. 79 ~i.187% $6.524.(;6 53,093.26 $9.617.32
4 ;/. :LS:'4 U . v69% :;.l.J, 922. 85 56 . 60 1. . 26 $20,524.12-
5 .2 3.15 9.215!li UA. 590. 23 $5,495.29 $J7,085.52
1 J .2.30 tJ,665!}; $!;,.}&2..Si $3,974.5& $12.357.45
.2 J 4.40 1~:. 750"0 UI,.,[).3&.80 $7,6;)3.55 $23,640.34
3 3 2.\}1/ 5. 795.~ :H .289.45 ~;3, 4Sb. 1.6 $10.745.61
4 .) :,.00 s. i95!i :Iti' , 289.45 $3 . 456 . J 6 $10,745.&1
1 4 :LJ6 6.839% $H.;J01..55 ~4,078.;H $12.&79.82
.._---_.._------_._-----~~~----------------,._---_...-------------
34.51 h1(1.1)00% $125.779.50 $59,636.00 $155,415.50
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4.0 Al'PROV AL OF l'LA1iS::
Prior to eonstructlell nr alteration of any building or other structure, two
complete sets of b~lldjing and landscaping plans and specifications shall be
sublU.tt8d to Declarant for its approval. No building, IItructure, or other
1mprovlllllent sball b. cunstructed. altered or placed upon the affected property
until the 10cat10n, df1s1gn. p1.anll and sllec1f1cacions fot such (including
1andecaping) shall \18\'e been first app'C.oved by Declarant. If Declarant fails to
approve or deny plll:as sublllitted to it within 60 days of receipt, it shall be
pr..UlllCd that such plmml as submit ted are approved.
s.O BUILDING MATEllIAL AIm DESIGN:
5.01 KlTEIlIOll. WALLS:
A. :€xtcll::I.or Walli 011 buildings to be constructed on the following described
lots, to wit:
Block 1 Lets 3,4 and 5
Block 2 Lets 3 and 4
Block 3 lets 1,2,3 .1nd 4
Exterior "81ls .shall COllsist of one or IDore lIf the following lIIatet'1als:
BRICK shall be of a ~ize, type, texture, color and placement to be approved by
Df!CIarant.
stONE shall. have a ..."nthel~ed face err shall be polished, fluted 0; broken face to
i);l4PprOVeci by Dec larllnt:.
CClNCJlE"!Z MASONRY units shal.I. be those generally C1es,cribed as "custOlllized
IlJ:ch:Ltectural Conc:ret:~l ~(as(lm:y Utl1 ts" or shllll be broi:eu faced brick-type units
''''.th m.uble IlggUg.atElt. 10 e1t:he:r cue to be Ilpproved b~1 Declarant. All concrete
llUL80nrlT Ult:l.tlll shaLL 1.., coatl!d Il/it'b a coatinl& approved by Declarant. !here shall
bll no exposed coner(":.' block on theextet'lo:r of any building unless approved by
J)f'clarant.
!!~ lJU:\y De p~u:rlld in place, tilt-up "r precast and shall be finished in
111:0'114, textured 01.' o::,pm:ecl 111 a mannet' to be appt'oved by Declarant and with a
lid."/lJ.mIm life expectal:loCl' of 10 yealS.
B. ~:terior t.l;SI.Ls on, buildings to 'pEl COl1~;!~cted on the fol.lowi.1tll described
:Lot:s. to \rit:
!lJ.ock 1 lota L aDd, 2
Ill.ock 2 lots 1, 2 an,! ~i
JU.ock 4 lot 1
R:I:t:er:f.or Walls sha.ll ~llnsist of oua or DI~re of the followinf\ lute rials :
BRJ:CK I1ha1,1 be of sho, type. texture. color and plac emenl: to bo
j)fK: larant .
approved by
STONE aha!l have welllthe't'ed face Of shall be polished, fluted, or broken face to
i;eappro".,d by Declara:nt.
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COJlCRS'I'! llASONRY unit'! ahaLl bll C:,OBtl 'len.rally ductibod all "Cu&tomiud
Architectural. Concreto liaaonry Units" or shall be broken farl!d brick.-type units
with urble aggregate. ill t.llther cssa to be approved by Declarant. All concrete
masonry units shall be ~out~d 1,ith a coating approved by Declarant. There shall
be 1\0 exposed couente OlOl;lr. on the tlCter1()r of any building unless approved by
D.clar~nt.
CONCR.tT! may be pound ill place. tilt-up or pncBSt and shall be finished in
stone, textured or couced in ~ manner to be approved by Declarant and with a
md.nillnlJD !:tfe expectanc'l ::If 10 y.ears.
FRE-ENGINKImED KETAL
'i'Iiit'&i- ma':erials and
self-weathering type
consi~ered or sidings
nhall be ueed only in combination ',dth
U1?lln the Bpel:1fi~ ap'proval of Declarant:.
0:1; with a long ll.fo, (10 yeaI'D urlni:llllJlll)
01: el\uivalent strength and durability.
one of the above
Only sidings of
finish will. be
5.02 (:AJ\iOP.IESs No cano/li-eli wl.tb via:lble wdl hangers will be pel'lDitted. Desig~
of CillllOpi'IS shall be r.n I~eeping ,dtll the design of the builIJing and shall be
approved by De~larant prio~ to consttuctio~ or alternation.
5.03 liDOF MOUNTED EQUIl?l!'IEN!: lW.Jf mounted. equipment shall be located or screened
as may b'l required by Declarant tc> minimize visibility fr')14 the street or
surro\'luding bui.Ldings.
5.04 'LOADING DOCKS: I.oeding docks ..i1all DOl: be constIucted faci.ng Highway 50 or
other dedicated streetl~. Provision must be made for hand.ling all freight on
those sid,!s of~he buildings whLch do not f.~ce a dedicated st:ee~t or Highway 50.
All load:lng doc1<.s !DUe,t be scr,eened ftOlll risibility by the public and from
adjacent buildings it: fl manner apptoved by Declarant befo:,e const1;'Uction !,l'
.11..\ teyatio':l.
5.05 COV!lACE: Unless otherwise approved by Declar~nt. the ratio of building
square fO:Jcage aud park:Lng area to the totaL square footage o.E any buDding site
w!thin the affected ptoperty shall not eKceed 50%.
5.06 UNDERGROUND UTL~ITIE3: ~uildings and $t~lcture9 located :In ~he Farmi~gtQn
lnduscrial Park shall be served by underground utility distrlbution facilities.
The installation of sUI:b utilities shail not change the grad~ or contour of the
land adjacent thereto.
6.0 BUIlDING SEtBACKS:
No bu:U,ding or other st::uctur6 shall be erected nearer than 50 het to the front
property line; nearer :hau Z~; feet to any side property line; or near.er than 25
feet t.~ any resr proper;y line.
7.0 PA'RKt:llG:
Upon completion or oC:':IJpanc~' of building, which ever occurs fl.rst. all parking
areas, d:eiveways and lo-ading areas shal.l be surfaced wi th esphal.t pavement using
MNDO't gu1.delines.
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7.01 OFF STREET l'AlU<lNG SPACl!S FlEQlltRED:
to lierva each sUe. 'the fo11o\ling
m1n:tmums:
a. One space
b. One space
c. One space
The'te will be no
Off street parldng AhaLl be provided
cdted,a eonsd tuting the absolute
for every 600 sq. ft. of Industrial Space
for every 200 sq.ft. of office spacr,
for each 2000 sq.ft. of storage areR
parld.ng on IIny st:re.HS.
7.02 SCREEN'ING: All paddng areas shaLl be screened in a Dlanner approved by the
Declarant.
7.03 LOCATION: Pal:king will. not be 'Permitted witb1n 35 feet of the front
property line (those facing any dedicated street), within 10 feet of any side
property line or within 10 feet: of a'lIY' rear ptoperty line.
8.0 ALTERATIONS TO BU'ILDINGS:
Any alter'ations 1:0 blJildings shall meet all require.uents of these covenants and
the City Code.
9.0 LANDSCAPING:
All open spaces $hall be dustproof.ed, surfaced, landscaped, rockacaped or
devlJted to lawns. 'Not less than two-thirds of tne required buildin~ setback
area from a~y dedicated street shall be landscaped lawns, trees. shrubs and
walkways of a de:!l1g11 apl'roved by Declarant. Landscaping as approved by
Declarant shall ~e insr.alle~ within 90 days of occupancy or substantial
completion of tbe building. whichever occurs first, weather gerinitting.
10.0 SCREENING:
10.01 STORAGE: No articles, gO'Jds. materials, incinerators, storage tanks.
r'efuse containers or lik.e equipment shall be kept in the open or exposed to
public view or view frolll ad1acent buildings without the approval of the
Declarant. In tkle event that ll?proval is granteci, all IlIaterials shall be
screen,ed fro;' view and all storage sh~ll be limit:edto tb,e rear two-thirds of
the propertY' lrith such storage n.)t occurring within 50 feet of any street
['ight-of-way.
10.02 STRUCTURE: No water toweT, storage tank. p'rocessing equipment, skylights,
cool ing towers. or other ancl11a1:7 str'lctures oX' outside equipment shall be
constructed, ere~ted or placed on the affected propelty without prior approval
of Declarant .C'J the event that such approval is granted. s'uch structures shall
be screened from public lIillW ,and the vie\l of adjacent buildings in a manner
approved by the Oec1arant.
1.1.0 SIGNS:
All signs shall be of a d\!si!\D 8t,d lIIaterial .~pproved b)' Declarant. Unless
otherwise appto'red by r'e(!larant, .111 signll 1IIUst be at:tached to a building, and
be parallel to And contiguous wittl its ~al1s a:nd not. ptojecting above its roof
line. No sign of c. flashing or. mOl,ing character ..halJ. be :Installed at'i no sign
shall be painted on any building wall. (Genetsl g\liclelJ,nes for signage
~,vtdlable at Deci.u:ant' S .Jffi,coa).
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"CClIllIlenC81DUnt of Const1:uction of /I B'.1ild.lng" as defined herdn:
a. Plana approved by Declarant a'l sel: forth in Section 4 hereof.
b. Ower obtained building pe1'llli'~s from the appropriate gover'llll:ental
authority authorb1.ng the cOnflcruet1.on of a building and
illip1:ovements as a.pproved by Dllclat.ant.
c. Owner ente1:ed into a construct:ion contract wir.h a contractor
licensed to do business in lUllnesota.
d. Owner has expendnd at leallt th.e SUID of rom Thousand Dollars
($10.000.) puuuunt co such construction contract.
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APPROVALS: ""w....<:
Only m:itten approval;; by Del!larllnt shall be effective. W!:itteu approval by
Declarant of a part~ular U$e or action shall be concl~3ive evidence of
compliance with this Declaration to the extent any use or act~on so llpproved is
not in violation of any law, oxdfnance or governmental regulation. Declarant
shall not be u.able for damages to an)"one submitting plans to it for ElpprovaJ. or
seeking any approval under this Declaration or to any owner, lessee or other
intere:st affacted by t'llis ])I!claration by reason of mbulke in judpent,
negligence: or nonfeasnn:e Ilri.Hing out of or in connection with the approval or
disapprov~.l or failure to apllrove any matter or plan. Eucb persoll who seeks
such apprc-val agrees, b.~ 110 f.eeking. and every owner or lesse.. of any said
prope:ty agrees. by ac:.quid.n,; ti,tle thereto or interest therein. that he will
not b::ing auy action, l.rocee:Ung :IT:' suit. against Declar.ane allegiug such
da1llages.
14.0 T.EllMINATION. MODIFICATION AND IJ.E<:1.ARANTS RIGiITS:
14.01 Declarant shall have the sole right and pawnr at all times to terminate or
modify this Declaration Idth respect to any portion of the iffecced property
which Declarant owns.
14.02 If at any time Doaclaraut ceases to exist or fails or refuses to act for a
period of more than niriety (9Q) days 'ifter having been not1fil!d of ies failure
to act on Any request 0.:0 files fOl~ rncord it:'> resignation. a s~u:cessor Decla:rant
may he appointed.
15.0 :ENFt)llCEMENT:
The :restrj,ctions couta:l.nid in thl! I:'eclaration may be: p.nforcE,d at law or in
equit.y by the Declarant 01:, i.f Declat.lInt fails tll act t() enfar.c!! within thirty
(30) d.IlYs after havipg !leen r.!!quflsten to do so by lIny owner of any portion of
the aflected property. Declars'lll: shal~ n(lt have l1nbil:l.ty al: law or iu equity
to 8ny pel'solll for the .faUureto e:n!':at:ce any of the restric:t:l,ons contained in
this Declar.ao:1on. In the eve'.. that: Declarant ceases co exist:, or files 1:or
reco'Cd its resignation aEI Decl.a;rant, any olmer of any portion of the affected
p:ropareY'lllay enforce this Declara'tion \lith rnpect to his property.
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1375883
DECLARATION OF COVENANT$
This Declaration made this 5th day of September, 1996, by Bernard D. MUIphy, a single person,
(Declarant) and Lexington Standard Corporation, a Minnesota corporation, (Lexington), hereinafter
collectively "Declarants"
WHEREAS, Murphy is the owner of that portion of :Farmington Industrial Park 2nd Addition
described as follows, to-wit:
All of Blocks 1,2 and 4 Farmington Industrial Park 2nd Addition according.to the Plat
tbereofnowon file and ofreco.rd in the o;ffice of the County Recorder within and for said
County and State; and
WHEREAS; Lexington is the owner of that portion of Farmington Industrial Park 2nd Addition
described as follows, to wit:
All of Block 3 Fannington Industrial Park 2nd Addition (hereinafter Block 3) according to
the Plat thereof now on file and of record in the office of the County Recorder within and for said
County and State; and
WHEREAS; the above described property of said Declarants constitutes the whole of Farmington
Industrial Park 2nd Addition; and .
WHEREAS; the Declarations intend that the whole of Farmington Industrial Park 2ud Addition(the
affected property) shall be.subject to this Declaration; and
WHEREAS; the Covenants declared herein shall run with the affected property and each part
thereof and with allY interest in the affected property of any part thereof for all purposes and shall be
binding upon all Owners, Lessees, Licenses, occupants, Lieners, and their heirs, successors and
assigns of the affected property; and
WHEREAS; aU parcels and lots of the affected property shall be developed in conformance with
the requirements of the City Code of the City of Farmington and shall fUrther be subject to the
covenants contained herein.
J.p DEFINITIONS:
The term "Declarants" shall mean Bernard D. MUl'phy, a single person, his heirs, successors and
assigns and Lexington Standard Corporation, its successors and assigns. Except as to Lexingtons
dghU; as the owner ofI}lock 3, which rights Lexington retains, Declarants hereby appoint Housing
and Redevelopment Authority of the City ofFarmingtoti, Minnesota its successors or assigns, as the
agent and attorney-in~fact to act and to peno1'lll any act, ftmction or duty of the Declarants
hereunder, and Declarants agree that any person or entity may rely upon the acts of the Housing and
Redevelopment Authorit.y of the City of Farmington, Minnesota its successors or assigns, as if they
are the acts of the Declarants. This appointment is irrevocable for the term and duration of the
existence of the Declaration of Covenants as herein set forth. Further, the Housing and
Redevelopment Authority of the City of Farmington, Minnesota shall have the exclusive and
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unlimited right to assign and transfer its powers, rights and duties hereunder as the Housing and
Redevelopment Authority of the City of Farmington, Minnesota shall direct.
~.o PERMITTED USES:
All building sites within the affected property ~aJ1 be used, subject to City Zoning Ordinances,
solely for processing, research, light industrial, light manufacturing, warehousing and distribution
purposes and services ancillary to such uses, subject to applicable ordinances.
3.0 PRECLUDED USES:
No restaurant, gasoli~e seryi~~ station, motor ~otel, mini storage facility, financial institution or
retail use will be permitted. No use shall be permitted which in the sole judgment of Declarant, is
incompatible with existing and proposed uses within the lrlfected property or is offensive by reason
of odors, fumes, dust, smoke, noise, pollution or which is hazardous by reason of excessive danger
offire or explosion. Approval by Declarant of a particular use shall be conclusive evidence of
compliance with this provision.
4.1) APPROVAL OF PLANS:
~SlJBMITTAL
Prior to conslruction or alteration of any building or other structure, two complete sets of building
and landscaping plans shall be submitted to Declarant for approval. No building, structure, or other
improvement shall be constructed, altered or placed upon the affected property until the location,
design, plans and specifications fot such (including landscaping) shall have been Ittst approved by
Declarant. If Declarant fails to approve or deny plans submitted to it within 90 days of receipt, it
shan be presumed that such plans as submitted are approved.
Ji.02 SOTICE .;.ND COMMEN'I
Prior to approving building and landscaping plans Declarant shall make reasonable effort to: 1)
notifY other owners of the affected properly of such proposed construction and use 2) provide copies
ofpropose~ site and lan9,sQ8pe plans with such notice 3) mail or deliver such notice to al~ow a
reasonable time for comments (either written or oral) to be received prior to determination. Such
comments in respect to the proposed development shall be received and considered io such approval
process. Failure of such owners to receive notice shall not invalidate or affect, in any manner,
Declarant's determination in respect to the construction, alteration or use approval as stated in 4.01.
5.0 1!IJlLDINQ MATERIAL AND DESIGN:
:;.01 EXTERIOR W ALI.l5:
Exterior Walls of buildings to be constructed 00 the following described lots, to wit:
Block I Lots 1 and 2
Block 2 Lot 1
Block 3 Lot 1
Block 4 Lot 1
shall consist of one or more of the following materials:
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BRIer<:
shall be of a size, type, texture, color and placement to be approved by Declarants.
STONE
shall have a weathered face or shall be polished, fluted or broken face to be approved by
Declarants.
CONCRETE MASONRY BLOCK
shall be those generally described as "Customized Architectural Concrete Masonry
Units" or shall be broken faced brick-type units with marble aggregate; in either case to be
approved by Declarants. All concrete masonry units shall be coated with a coating approved
by Declarants. There shall be no exposed concrete block on the exterior of any building
unless approved by Declarants.
GLASS
CONCRETE
may be poured in place, tilt-up or precast and shall be finished in stone, textured or coated
in a manner to be approved by Declarants and with a minimum life expectancy of 10 years.
W~I;LLARY SURFACE MATERIALS
Alternate exterior surface materials of preengilleereQ metal may be substituted in up to 6% of the
exteribr wall surface area of each building based upon the following criteria:
a. That such alternate exterior material and the construction of such areas shall be used
for housing ancillary equipment necessary for the manufactming operations conducted
thereon and therein.
b. TIlat such alternate material and area so enclosed shall be architecturaJJy compatible
with the building as a whole.
c. That developer shall comply with any additional screening and/or landscaping
requirements required by Declarants.
d. That upon agreement in respect to the use of alternate materials, screening and
landscaping, no further modifications shall be made by the developer without prior
written approval ofDeclarants.
Such use of alternate materials and interpretation of and compliance in respect to the above stated
criteria shall be within the sole discretion of Declarants, their successors-and assigns.
5.02. CA NOPJES: No canopies with visible wall hangers shall be permitted. Design of canopies
shall be in keeping with the design of the building and shall be approved by Declarant prior to
construction or alteration.
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5.03 ROOF MOUNTED EQUIPMEN'r: Roofmounted equipment: shall be located or screened as
may be required by Declarant to minimize visibility from "the street or surrounding buildings.
5.04 LOADING DOCKS: All loading dock designs and locations must be approved by Declarant
before construction or alteration.
5.05 COVERAGE: Unless otherwise approved by Declarant, the ratio of building square footage
and parlcing area shall not exceed 65% of the total square footage of any building site within the
affected property .
5.06 UNDERGI!OUND UTILITIES': Building and structures located in the Farmington Industrial
Park 2nd Addition shall be served by underground utility distribution facilities. The installation of
such utilities shall not change the grade or contour of the land adjaCent thereto.
6.0 BUILDING SETBACKS:
No building or other structure shall be erected nearer than 50 feet to the front property line; nearer
than 25 feet to any side property line; or nearer than 25 feet to any rear property line. If two or more
lots are developed as one site. the interior co:mmon lot line shall be ign9~d. f9l," all pmposes under
this Declaration
7.0 PARKING:
7.01 SURFACING
Prior to occupancy of buildings constructed in the industrial park, all parking areas. driveways and
loading areas shall be surfaced with asphalt pavement using MNDOT guidelines. In the event said
surfacing cannot be colnpleted prior to occupancy due to w~ther or seasonal restrictions then
occupancy of newly constructed facilities may be had upon escrowing of funds for or adequate
assurances of completion acceptable to Declarant.
7.02 OFF STREET PARKING SPACES jJEOUIRED: Ofr street parldng shall be provided to
serve each site. The minimum number of parking spaces shall be the greater of:
1. a. One space for every 600 sq. ft. of Industrial Space; and
b. One space for every 200 sq. ft. of office space; and
c. One space for each 2000 sq. ft. to storage area
or
2. One space per projected employee per shift
7.03 SCREENING: All parking areas shall be screened in a manner approved by the Declarant.
7.04 LOCATION: Parking win not be pezmiued within 35 feet of the front property line (those
facing any dedicated street), within 10 feet of any side property line or within 10 feet of any reat
property< line unless otherwise approved by Declarant.
8.0 AL'l:ERA TION Tp fflJ1LDING,S:
A1iy al1erations to buildings shall meet all requirements of these covenants and the City Code.
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9.0 LANDSCAPING;,
All open spaces shall be dustproofed, surfaced, landscaped, rockscaped or devoted to lawns. Not
less than twowthirds of the required building setback area from. any dedicated street shall be
landscaped lawns. trees. shrubs and walkways of a design approved by the Declarants. Landscaping
as approved by Declarant shall be installed within 90 days of occupancy Of substantial completion
of building, whichever occurs first. ~eatp.er permitting.
10.0 SCREENING
10.01 STORAGE" .... .'
Without prior approval of Declarant no outside storage areas shl;l1l be maintained nor shall articles,
goods. materials; incinerators, s!~rag~ tapks. refuse copt~~ Qf like. equipment be kept in the open
or exposed to public view or view from adjacent buildings. In the event that approval is granted, all
materials shall be screened from view. Screening as used in this paragraph means a landscaping
plan approved by Declarant.
10.02 STRlJC'{1JRE
No ancillary structures (including but not limited to water towers. storage tanks, processing
equipment, cooling towers) or outside equipment shall be constructed, erected ot placed on the
affected property without prior approval of Declarant. In the event that such approval is gran1ed.
such stmctures shall be screened from public view and the view of adjacent buildings in a manner
approved by the Declarant.
11.0 SIGNS "
All signs shall be of a design and material approved by Declarant. Unless otherwise a.pproved by
Declarant. all signs must be att8:c~ed to ~ building. and be parallel to and contiguous with its walls
and not projecting above its roof line. No sign of a flashing or moving character shall be i-llstalled
and no sign shall be painted on any building wall. (General guidelines for signage - available at
Declarant's office or City Planner.)
12.0 MAINTENANCE
Owners and occupants orany part of any site have the duty and responsibility, at their sole cost and
expense, to keep the site, including buildings. improvements and grounds, in a well maintained,
safe. clean and attractive condition. Such maUltenance includes but is not limited to the following:
a. Promptly removing aHlitter, trash, refuse and wastes.
b. Lawn mowing.
c. Pruning of trees and shrubs.
d. Watering
e. Maintaini.ng e~rior lighting and mechanical facilities in working order.
f. Maintaining lawn and garden areas alive.
g. Maintaining parking areas, driveways and roads in good repair.
h. 'promptly repairing exterior damage to improvements.
12.01 ENFORCE~ .
If. in the opinion of the Declarant, any owner or occupant has failed to fulfill any of the above duties
or other maintenance responsibilities. the Declarant will give owner or occupant written notice of
such failure. Owner or occupant has ten (10) days after mailing of written notice to perform duties
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and maintenance responsibilities required. Upon failure of owner or occupant to perform duties and
responsibilities within ~uch time period, the Declarant shall have the right and power to proceed by
court action to have such covenants enforced or enter onto the premises and perform the duties and
responsibilities without any liability for damages or for wrongful entry or trespass. The owner or ~
occupant shall be liable for the cost of work and shall promptly reimburse the Declarant for such
costs. If owner or occupant fails to reimburse the Declarant within thirty (30) days after receipt of
statement for such work, then said indebtedness shall be a debt against the property owner and
occupant This debt, bearing interest at the maximum rate allowed by law, not to exceed 12%, shall
constitute a lien against the property on which the work was performed until fully paid.
13.0 TIME LIMIT FOR CONSTRUC'I'IONIRIGHT ()F'REPURCHASE
Irowner fails to commence construction ofa building upon a building site within one (I) year from
the date of the original deed transfer to owner, the Declarant his heirs, successors, assigns or
attorneys-in-fact shall have the option to repurchase the site as follows:
a. The repurchase price shall be 90% of sale price and shall be paid in cash at the time of
closing.
b. 1ne option to repurchase is deemed exercised by written notice provided to Owner within
a one hundred eighty (180) day period beginning one (1) year from the date of Declarant
deed.
c. The closing sh~l1 be thirty (30) days from the date of mailing of said written notice at
which time Owner shall deliver niarke1able title and fts warranty deed as directed by
Declarant.
"Commencement of Constructicin of a Building" .is satisfied w1J.en all of the following are
completed:
a. Plans approve'd by Declarant as set forth in Section 4 hereof.
b. Owner obtained building permits from the appropriate governmental authority
authorizing the construction of a building and improvements as approved by Declarant.
c. Owner entered into a construction contract with a contractor licensed to do business
in Minnesota.
d. Owner has expended at least the sum ofTen Thousand Dollars ($10,000.) pursuant to
such construction contract.
14.0 APPROYALS;.
Only written approvals by Declarant shall be effective. Written approval by Declarant ora
particular use or action shall be conclusive evidence of compliance with this Declaration to the
extent any use or action so approved is not. in violation of any law, ordinance or governmental
regulation. Declaran.Lshall not be liable for damages to anyone submitting plans to it for approval
or seeking any approval under this Declaration or to any owner, lessee or other interest affected by
this Declaration by reason of .mistake in judgment, negligence or nonfeasance arising out of or in
connection with the approval or disapproval or failure to approve any matter or plan. Each person
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who seeks such approval agrees, by so seeking, and every owner or lessee of any said property
agrees, by acquiring title thereto or interest therein, that he will not bring any action, proceeding or
suit against Declarants alleging)IUch ~Q,18.ges.
15.0 'tERMINATION, ~OD1FICATION AND DECI.ARANTS RIGHTS:
1S..Q1
Declarant shall have the s!)le right and power at aU times to tenninate or modify this Declaration
with respect to any portion of the affected property which Declarant owns.
lS..OZ
If at any time Declarant ceases to exist or fails or refuses to act for a period of more than ninety (90)
days after having been notified offailure to act on any request or file for record his resignation, a
successor Declarant may be appointed.
16.0 ENFORCEMENt:
The restrictions contained in this DecImation may be enforced at law or in equity by the Declarant
or by the owner of any portion of the affected property. If Declarant fails to act to enforce Within
thirty (30) days after having been requested to do so by any owner of any portion of the affected
property. Declarant shall not have liability at law or in equity to any person or entity for the failure
to enforce any of the restrictions contained in this Declaration. In the event that Declarant ceases to
exist, or f1les for record his resignation as Declarant, any owner of any portion of the affected
property may enforce this Declaration.
17.0 DURATION: .-- - ..
All of the covenants, easements, restrictions and powers herein contained shall run with and bind
the subject property and shall inure to the benefit of and be enforceable by the owners of the
respective tracts, their respective legal representatives, heirs, successors lUld assigns for the initial
term of thirty (30)years from the date oftbis instnunent.
18.0 EFFECT OF INV AUDATION.
In the event that any provision or portions of any provision of tlllS Declaration is held to be invalid
by any Court, the invalidity of such provision or portion or portions of such provision shall not.
affect the remaining provisions or portion or portions of provisions of this Declaration and shall
continue in full force and effect.
19.0 WAIVER OF RIGHTS:
The failure of Declarant, or any owner to enforce any covenant herein shall not be deemed to be a
waiver of the right to do so thereafter nor of the right to enforce any other restriction.
20.0 INSPECTION:
Declarant may from time to time at any reasonable hour or hours, enter and inspect any of the
affected property to ascertain compliance with this Declaration.
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21.0 ADDITION OF TERRITORY AND RIGHT TO RF....SUBDMDE:
21.01 ADDlTIONAr". PROPERTlEa . .
Declarant may from time to time during the term of this Declaration add. to the affected property.
21.02 SUBDIVISION OF PARCELS BY THmD PARTIES ., -
At the time of purchase of a tract or parcel of land from Declarant or Declarants, such tract or parcel
shall be considered as a single building site for all purposes hereunder. Re-subdivision of such tract
or parcel shall not be permitted without ~e prior approval by Declarant.
Z1.03LIMITATION OF SUBDIVISION.QE.PARCELS BY DECLARANT ..... .. ."
The Declarant: may subdivide lots within the development so that no lot or part thereof shall be less
than one (1) acre (43,560 square feet) in size ana have no less than 150 foot adjacent road frontage.
Lexingt(,ln Standard Corporation,
a Mimlesota Corporation
~- f2- It.
by
Richard D. Hanson, President
bY~^"fC-L ~
Bxyce Kilene, Vice President
&!!:6~
r... ( :J...? (,
Date
9-/:;' ~~6
Date
ACCEPTANC~ OF APPOINTMENT: ..
The Housing and redevelopment Authority ofthe City of Farmington, State of Minnesota, in
accordance with and pursuant. to Paragraph 1.0 of the Declaration of Covenants herein above-stated,
hereby acknowledges and accepts the appointment as agent and attorney-in-fact to act on behalf of
Declarants in respect to the above-stated Declaration ofCovenant.s.
~_.I?~-
William Fitch t/"
HRA Chairperson
,d..-Gf;/.~
. Gerald A. Henricks
BRA Executive Director
"-'
,
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STATE OF MINNESOTA)
) 55.
COUNTY OF OAKor A )
Subscribed and sworn before me this J;;l.-I-h
Bernard O. Murphy, a single person owner.
~Q:m&L~
Notary Public
day.of ~ _~1996,by
Stamp: SUSANJ.MaleR
NOT~ PUBUc-MINNESOTA
MY OOMMlBaION EXPIRes 14HlO
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before Ole this lA-11. dar of
i' ~LM.Jr-(A oJ 1996, by William Fitch and Gerald A. HenrickS, the Chairperson and
xecutive Director respectively of the Housing and Redevelopment Authority of the City of
Faritlington, a public body corporate Wlder the Laws of the State of Minnesota, 011 behalf ofihe
corporation.
~~
.. I J~.A /
Notary Public
S~amp:
SUSAN J. MILt.ER i
NOTARY PUB\.lo-MINIIIESOTA. ~
MY COMMISSION I!XP1flI'!$ ""'00 ,
.
STATE OF MINNESOTA )
) 88.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this I~ 'I'{I' day of 51~ 10 r t /11 tl f! /2. , 1996,
by Richard D. Hanson and Bryce Kilene, the President and Vice President respectively, of the
Lexington Standard Corporation, a Minnesota corporation under the laws of the State of Minnesota
and on behalf of the LeXington Standard Corporation.
~.-
ot b 1c
{1.1,...1:--.- .
. UAN.-"'~
. IIOTAllYIiUIIUt.~A
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Stamp:
...."
THIS INSTRUMENT DRAFTED BY:
Gerald A. Henricks
Executive Director
Housing and Redevelopment Authority
325 Oak Street
Farmington, Minnesota 55024
(612) 463-1111
9
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(Reserved for Recording Data)
RELEASE OF LAND FROM DEVELOPMENT CONTRACT
THIS RELEASE OF LAND FROM DEVELOPMENT CONTRACT ("Release") is
made as of this _ day of , 2011, by and between the CITY OF
FARMINGTON, a Minnesota municipal corporation ("City"), and the ECONOMIC
DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FARMINGTON, a public body
corporate and politic under the laws of the State of Minnesota, formerly known as Farmington
Housing and Redevelopment Authority ("Developer").
RECITALS
A. City and Developer are parties to that certain Development Contract dated May 21,
1990, recorded as Document No. 958742 in the office of the Dakota County Recorder, Dakota
County, Minnesota ("Development Agreement").
B. The parties now desire to amend the Development Agreement to release Lot 1,
Block 4, Farmington Industrial Park (the "Land") from the terms of the Development Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, City and Developer agree as follows:
1. RELEASE OF LAND. The City hereby acknowledges and confirms that
Developer has completed the work required of it under the Development Agreement as it relates to
the Land and the Land is hereby released from the Development Agreement.
2. All capitalized terms used in this Release and not otherwise defined herein shall have
the meanings given such terms in the Development Agreement.
[Signature page follows.]
IN WITNESS WHEREOF, the parties hereto have duly executed this Release as of the
date set forth above.
CITY:
DEVELOPER:
CITY OF FARMINGTON
ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FARMINGTON
By:
Name:
Title:
By:
Name:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2011, by the of the City of Farmington, a
Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2011, by , the of the Economic
Development Authority in and for the City of Farmington, a public body corporate and politic under
the laws of the State of Minnesota, on behalf of the public body corporate and politic.
Notary Public
This instrument was drafted by:
Fredrikson & Byron, P.A.
200 South Sixth Street, Suite 4000
Minnea olis, MN 55402-1425
5020627 _1.Doe
2
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Date:
Ms. Isabelle Day, CEO
Quality Ingredients Corporation
14300 Rosemount Drive
Burnsville, MN 55306-6925
Re: Declaration of Covenants regarding Farmington Industrial Park 2nd Addition
dated September 5, 1996, recorded September 20, 1996 as Document No. 1375883
with the Dakota County Recorder, Dakota County, Minnesota (the "Declaration")
entered into by Bernard D. Murphy and Lexington Standard Corporation, a
Minnesota corporation (collectively, "Declarants") as it relates to property located
at 21025 Edmonton Avenue, Farmington, Minnesota (the "Property")
Dear Ms. Day:
The Economic Development Authority in and for the City of Farmington (the
"EDA"), as agent and attorney-in-fact for the Declarants, hereby certifies to and
covenants with Quality Ingredients Corporation, a Minnesota corporation
("Buyer"), and its successors and assigns, as follows:
1. The EDA is the agent and attorney-in-fact of the Declarants with respect to
approvals and other matters relating to the Declaration, and the EDA has the right,
power and authority to act on behalf of and bind the Declarants in connection with
the Declaration.
2. The Declaration is in full force and effect and has not been modified or
amended.
3. The Property is subject to the Declaration, and the Property and all
improvements thereon fully comply with the terms and conditions of the
Declaration.
4. The owner of the Property is not in default under the Declaration, and, to the
EDA's knowledge, no event has occurred with respect to the Property or the owner
of the Property that, with the passage of time or the giving of notice or both, would
constitute a default under the Declaration.
5. The EDA hereby approves Buyer's intended use of the Property for food and
chemical ingredient processing, and acknowledges and agrees that such intended
use complies with the terms and conditions of the Declaration.
6. The EDA hereby approves the plans and specifications attached
hereto as Exhibit A and agrees that Buyer may construct and install the alterations
and improvements to the Property shown in such plans and specifications. The
EDA acknowledges and agrees that, prior to approving such plans and
specifications, the EDA complied with the requirements of Section 4.02 of the
Declaration, including considering any comments from other affected property
owners regarding Buyer's proposed use and alteration of the Property.
The EDA acknowledges that Buyer will rely on this letter in purchasing and
making improvements to the Property.
Economic Development Authority in and for the City of Farmington
By:
Name:
Title:
5018510_1.DOC
'L~ ~
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Lee Smick, AICP CND
City Planner
SUBJECT:
Variance Request to Height Requirements in the IP District
DATE:
November 8, 2011
INTRODUCTION
The applicant, APPRO Development on behalf of Quality Ingredients Corporation (QIC), is seeking approval of it
variance to exceed the maximum height requirement within the IP (Industrial Park) Zoning District to add an additional
23 feet to a portion of the existing roof to a maximum height of 68 foot. Additionally, the QIC is seeking approval of
storage tanks to be constructed on the west side of the building.
Planning Division Review
Applicant:
APPRO Development on behalf of Quality Ingredients Corporation
21476 Grenada Ave
Lakeville, MN 55044
Attachments:
1. Application (Ex. A)
2. Business Information (Ex. B)
3. Site and Building Plans (Ex. C)
4. Exterior Buildings Cales (Ex. D)
5. Aerial photograph ofthe property (Ex. E)
Property Location:
21025 Edmonton Ave - Former PIC Building
Variance Request:
A variance from the maximum height requirement of 45 feet to add an additional 23 feet
to the north side of the building..
Property Area:
4.3 Acres - Two Lots
Existing Building Coverage:
Approximately 61,598 square feet or 32.9%
Surrounding Land Uses:
The property is completely surrounded by the IP zoning district.
Existing Zoning:
IP (Industrial Park)
2030 Comprehensive Plan:
Industrial
DISCUSSION
APPRO Development on behalf of QIC is seeking approval to exceed the maximum height requirement within the IP
(Industrial Park) Zoning District to add an additional 23 feet to a portion of the existing roof to a height of 68 foot. QIC
processes wet material into dry powders (see Ex. B). QIC is an employee owned company. The company currently has a
location in Bumsville and Marshfield WI (see page 7 and page 8 respectively as shown in Ex. B). The employees added
to the Farmington site will be 12-16 skilled workers. QIC representatives will be on hand at the meeting to further
explain the processes of the company.
The maximum height of buildings within the IP zoning district is 45 feet. QIC is proposing building renovations to occur
in two phases. Phase 1 includes the extension of the roof on the south side of the building to a height of 35 feet meeting
the maximum height allowed in the IP District. Phase 2 will consist of increasing the height of the north side of the
building to 68 feet. Roll drums will be stored in the 35 foot section of the building and a vertical drum will be installed in
the 68 foot portion of the building. Additionally, QIC proposes to locate storage tanks on the southwest side of the
building, which requires city approval but not a variance. There is no screening requirement of the storage tanks because
the lot is within the interior ofthe Industrial Park and is not exposed to CSAH31 and CSAH 50.
This increase would require a variance to be approved by the Planning Commission. Revised Variance language from the
State Statute states that variances shall only be permitted when they are in harmony with the general purposes and intent
of the official control and when variances establish that there are practical difficulties in complying with the official
control.
In reviewing this criteria staff recommends approval of the variance because it meets the practical difficulties test as
follows:
1. The lot is located within an Industrial Park and is within an interior lot of the park.
2. The property is surrounded by industrial buildings.
3. The lot is not located along CSAH 31 and CSAH 50.
4. The exterior material made of pre-engineered metal of the renovations meet the 50% wall surface in the code .
(Ex. D).
5. The equipment in the building needs to be covered.
ACTION REQUESTED
1. Staff recommends approval of the variance to exceed the maximum height requirement within the IP (Industrial Park)
Zoning District to add an additional 23 feet to a portion of the existing roof to a total height of 68 foot. Conditions to the
variance are set as follows:
a) Obtain all necessary building permits for the renovations to the building.
b) Obtain a sign permit.
2. Staff recommends that the storage tanks be approved for the location of storage tanks on the southwest side of the
building.
Respectfully submitted,
Lee Smick, AICP CND
City Planner
ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FARMINGTON, MINNESOTA
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE RELEASE OF CERTAIN PROPERTY FROM THE
INDUSTRIAL PARK DEVELOPMENT CONTRACT AND APPROVAL OF ESTOPPEL
LETTER UNDER THE DECLARATION OF COVENANTS
WHEREAS, Quality Ingredients Corporation, Inc ("QIC") is pursuing the purchase of
the property located at 21025 Edmonton Avenue, Farmington, Minnesota, located in the
Farmington Industrial Park ("Property");
WHEREAS, The Property consists oftwo parcels: Lot 1, Block 4, Farmington Industrial
Park and Lot 1, Block 4, Farmington Industrial Park 2nd Addition.
WHEREAS, Recorded against the Property are a Development Contract for the
Industrial Park between the City of Farmington, and the predecessor to the Farmington EDA, the
Farmington Housing and Redevelopment Authority (the "Developer"), dated May 21, 1990;
WHEREAS, Also recorded against the Property are the following: Declaration of
Covenants dated October 22, 1990 for the Farmington Industrial Park ("Declarations").
WHEREAS, as the successor to the Farmington HRA, the Farmington EDA is the
appointed agent and attorney-in-fact to act and to perform any act, function or duty of the
Declarant under the Declarations
WHEREAS, the Declarant is required to review and approve the proposed uses,
alterations and plans for property covered by the Declarations and determine whether there is
compliance with the terms, conditions and covenants of the Declarations;
WHEREAS, QIC proposes to use the Property for chemical and food ingredient
processing and proposes the following alterations:
(i) Raising a portion of the existing roof to a height of 68 feet;
(ii) . Installation of product silos on the southwest side of the building.
WHEREAS, QIC is requesting that the Farmington HRA release the Property from the
terms of the Development Contract and approve the attached estoppel letter (Exhibit A) related
to compliance with the Declarations, including approval of the proposed use, plans and
specifications for the Property (plans attached as Exhibit B);
WHEREAS, Farmington EDA staffhave reviewed the Development Contract and
determined that all requirements of the Development Contract have been met;
WHEREAS, although the existing loading and parking lot locations appear to be non-
compliant with the terms of the Declarations and no formal approval for the deviations exists, the
long-standing pre-existing location of these elements suggest that they were deemed approved in
the past pursuant to the terms of the Declaration and it is appropriate for the Farmington EDA to
formally approve the location of the loading dock and parking lot;
WHEREAS, the existing landscape is appropriate to address the screening requirements
for the silos under the terms of the Declarations, in light of the height of the proposed silos and
practicality of adequately screening them and the buffer provided by loading docks located on
abutting property facing the silos;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Economic
Development Authority in and for the City of Farmington that the Chair and Executive Director
are hereby authorized to execute a release, releasing the Property from the terms of the
Development Contract;
BE IT ALSO RESOLVED, by Board of Directors of the Economic Development
Authority in and for the City of Farmington, as and for the Declarant of the Declarations that:
(i) The Property, proposed plans, and the proposed use and alterations complies with
the terms of the Declarations;
(ii) Authorizing the Chair and Executive Director to execute the attached Estoppel
Letter relating to the Declarations;
PASSED AND DULY ADOPTED by the Board of Directors of the Economic
Development Authority in and for the City of Farmington, Minnesota this _ day of
,2011.
, Chair
ATTEST:
David McKnight, Executive Director
Date:
Ms. Isabelle Day, CEO
Quality Ingredients Corporation
14300 Rosemount Drive
Burnsville, MN 55306-6925
Re: Declaration of Covenants regarding Farmington Industrial Park dated October
22, 1990, recorded October 26, 1990 as Document No. 960311 with the Dakota
County Recorder, Dakota County, Minnesota (the "Declaration") entered into by
Elizabeth C. Murphy and Bernard D. Murphy, husband and wife (collectively,
"Declarant") as it relates to property located at 21025 Edmonton Avenue,
Farmington, Minnesota (the "Property")
Dear Ms. Day:
The Economic Development Authority in and for the City of Farmington (the
"EDA"), as agent and attorney-in-fact for the Declarant, hereby certifies to and
covenants with Quality Ingredients Corporation, a Minnesota corporation
("Buyer"), and its successors and assigns, as follows:
1. The EDA is the agent and attorney-in-fact of the Declarant with respect to
approvals and other matters relating to the Declaration, and the EDA has the right,
power and authority to act on behalf of and bind the Declarant in connection with
the Declaration.
2. The Declaration is in full force and effect and has not been modified or
amended.
3. The Property is subject to the Declaration, and the Property and all
improvements thereon fully comply with the terms and conditions of the
Declaration.
4. The owner of the Property is not in default under the Declaration, and, to the
EDA's knowledge, no event has occurred with respect to the Property or the owner
of the Property that, with the passage of time or the giving of notice or both, would
constitute a default under the Declaration.
5. The EDA hereby approves Buyer's intended use of the Property for food and
chemical ingredient processing, and acknowledges and agrees that such intended
use complies with the terms and conditions of the Declaration.
6. The EDA hereby approves the plans and specifications attached
hereto as Exhibit A and agrees that Buyer may construct and install the alterations
and improvements to the Property shown in such plans and specifications.
The EDA acknowledges that Buyer will rely on this letter in purchasing and
making improvements to the Property.
Economic Development Authority in and for the City of Farmington
By:
Name:
Title:
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qcc
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
EDA Members
FROM:
Tina Hansmeier, Economic Development Specialist
SUBJECT:
Special EDA meeting - December 5, 2011
DATE:
November 28, 2011
INTRODUCTION/DISCUSSION
A special EDA meeting has be scheduled for Monday, December 5th at 6:45pm to consider comments and
take action on QlC's request for approval of an estopple letter specific to the Industrial Park 2nd Addition
Declaration of Covenants.