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HomeMy WebLinkAbout6.n. Minnesota Department of Natural Resources – Grant Agreement 44 ROSEN4DUNTT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: May 15, 2012 AGENDA ITEM: Minnesota Department of Natural AGENDA SECTION: Resources — Grant Agreement Consent PREPARED BY: Dan Schultz, Parks and Recreation AGENDA NO. (QV, Director ATTACHMENTS: DNR Grant Agreement APPROVED BY: O QJ RECOMMENDED ACTION: Motion to approve the City entering into a grant agreement with the Minnesota Department of Natural Resources and to authorize the necessary signatures to execute the agreement. ISSUE The City was recently informed that we will be receiving a grant from the Minnesota Department of Natural Resources (DNR) for tree planting in our parks. The objective of the grant is that the City will use the funds to add to the diversity of the tree cover on public property in anticipation of losing ash trees to Emerald Ash Borer. We will be receiving the entire $20,725 that we asked for as part of our grant proposal. With the funding provided from the grant we will be planting 100 trees over the next two years. SUMMARY The Parks and Recreation Department staff is recommending the City Council approve City entering into a grant agreement with the Minnesota Department of Natural Resources and to authorize the necessary signatures to execute the agreement. General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting for Diversity 2012 -2014 Funding Cycle THIS AGREEMENT shall be effective as of April 2, 2012 or upon the date that the final required signature is obtained by the State, pursuant to Minn. Stat. Sect. 16C.05, subd. 2, whichever occurs later, and shall remain in effect until June 30, 2014, or until all obligations set forth in this Grant Contract have been satisfactorily fulfilled, or the Grant Contract has been cancelled, whichever occurs first, and is between City of Rosemount, a political subdivision of the State of Minnesota (the "Public Entity "), and the Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155 (the "DNR "). RECITALS A. The DNR has created and is operating a diseased shade tree removal and replacement program (the "State Program ") under the authority granted by Laws 2010, ch. 189, subdiv. 12 (the "State Program Enabling Legislation "). Under the State Program, the recipients of a grant must use such funds for the planting of publicly owned shade trees on public land (Real Property) to provide environmental benefits; replace trees lost to forest pests, disease or storm; or to establish a more diverse community forest better able to withstand disease and forest pests. B. Under the State Program, the DNR is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, Sec. 5(a) of the Minnesota Constitution. C. The Public Entity submitted a grant application to the DNR (the "Grant Application ") attached as Attachment III in which the Public Entity requested a grant from the State Program, the proceeds of which will be used for the purposes set forth in such grant application. D. The Public Entity has been selected by the DNR for a receipt of a grant from the State Program in an amount of $20,725.00 (the "Program Grant "), which proceeds must be used by the Public Entity to perform those functions and activities imposed by the DNR under the State Program and set forth in the Grant Application. E. The Public Entity's receipt and use of the Program Grant to improve real property (the "Real Property ") will cause the Public Entity's ownership interest in all of the Real Property to become "state bond financed property ", as such term is used in Minn. Stat. Sec. 16A.695 and in the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget ( "MMB ") and dated August 26, 2010, as amended, even if such funds are being used to improve only a portion of the Real Property. G. The Public Entity and the DNR desire to set forth herein the provisions relating to the granting and disbursement of the Program Grant to the Public Entity and the operation of the Real Property. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows: Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set forth below, unless the context specifically indicates otherwise: "Agreement" - means this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting. "Certification" — if applicable, means a certification in the form attached as Attachment IA, in which the Public Entity acknowledges that its interest in all or part of the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner's Order" - means the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of MMB and dated August 26, 2010, as amended. "Declaration" - if applicable, means a declaration in the form attached as Attachment IB, indicating that the Public Entity's ownership interest in the all or part of the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Event of Default" - means one or more of the events set forth in Section 2.05. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the Program Grant, and any bonds issued to refund or replace such bonds. "Project" - means the Public Entity's identification, removal, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease. "Public Entity" - means the entity identified as the "Public Entity" in the lead -in paragraph of this Agreement. "Real Property" - means the real property located in the County of Dakota, State of Minnesota, legally described in Exhibit A to the Certification attached as Attachment IA and/or generally described in Exhibit A to the Declaration attached as Attachment IB. "Useful Life of the Real Property" - means 30 years. 2 Article II GRANT Section 2.01 Grant of Monies. The DNR shall make the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the DNR or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property must be owned by one or more public entities. Such ownership may be in the form of fee ownership and/or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the DNR that it has, or will acquire, a fee simple and /or an easement ownership interest in the Real Property, and, in addition, that it possesses, or will possess, all easements necessary for the operation, maintenance and management of the Real Property. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for the planting of publicly owned shade trees on public land (Real Property) to provide environmental benefits; replace trees lost to forest pests, disease or storm; or to establish a more diverse community forest better able to withstand disease and forest pests, and may not use the Program Grant for any other purpose. , Section 2.04 Public Entity Representations and Warranties. The Public Entity represents and warrants to the DNR as follows: A. It has legal authority to enter into, execute, and deliver this Agreement and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their terns. E. It will comply with all of the terns and conditions of this Agreement and all other documents referred to herein. F. It will comply with all of the provisions and requirements of Minn. Stat. Sec. 16A.695, the Commissioner's Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will subunit to the DNR or the Commissioner of MMB relating to the Program Grant or the disbursement of the Program Grant is and will be true and correct. 3 II. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Certification and /or the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Certification and/or the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any tern, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. It has complied with the matching funds requirement, if any, contained in Section 6.20. N. It will not, without the prior written consent of the DNR and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's ownership interest in the Real Property, whether such lien or encumbrance is superior or subordinate to the Declaration (if applicable). O. It reasonably expects to possess the ownership interest in the Real Property described in Section 2.02 for the entire Useful Life of the Real Property, and it does not expect to sell such ownership interest. P. It will supply whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. Q. For that portion of the Real Property (if any) as to which the State Entity or the Public Entity has received a waiver from MMB of the requirement that the Public Entity record a Declaration pursuant to Section 6.02(b) of the Commissioner's Order, the Public Entity will promptly execute a Certification and deliver a copy thereof to the DNR and to MMB (attention: Capital Budget Coordinator). For that portion of the Real Property (if any) as to which the Public Entity has not received a waiver from MMB of the requirement that it record a Declaration, it has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the DNR and to MMB that contains all of the recording information. 4 R. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the DNR or the Commissioner of MMB. Section 2.05 Events of Default. The following events shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the DNR or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the DNR and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the DNR to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty contained in this Agreement, the Certification and /or the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty in Minn. Stat. Sec. 16A.695, the Commissioner's Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds required for the Project, if any, under Section 6.20. E. If the Public Entity fails to deliver the Certification and/or record and deliver the Declaration described in Section 2.04.Q. Notwithstanding the foregoing, any of the events set forth above that cannot be cured shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the DNR or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the DNR, the DNR or the Commissioner of MMB may enforce any or all of the following remedies. A. The DNR may refrain from disbursing the Program Grant; provided, however, the DNR may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the 5 Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the DNR or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the DNR or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision of this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the DNR and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.07 Notification of Event of Default. The Public Entity shall furnish to the DNR and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.08 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.10 and at the end of its term in accordance with Section 2.09. Section 109 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property to the date on which the Real Property is first used for the operation of the Governmental Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property from the effect of this Agreement and the Declaration, if any. Section 2.10 Modification and /or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the DNR may agree in writing, then the DNR's obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date, then the DNR's obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate, and (ii) if some but not all of the Program Grant has been disbursed by such date, then the DNR shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect. 6 This Agreement shall also terminate upon the Public Entity's sale of its ownership interest in the Real Property in accordance with the provisions of Article III and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with Article III, or upon the termination of Public Entity's ownership interest in the Real Property if such ownership interest is by way of an easement. Upon such termination the DNR shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity's ownership interest in the Real Property, from the effect of this Agreement, the Certification and/or the Declaration. Section 2.11 Excess Funds. If the full amount of the Program Grant and matching funds referred to in Section 6.20 (if any) are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III SALE The Public Entity shall not sell any part of its ownership interest in the Real Property unless all of the following have been complied with fully: (i) the sale is made as authorized by law, (ii) the sale is for fair market value (as defined in the Commissioner's Order), and (iii) the written consent of the Commissioner of MMB has been obtained. The proceeds of any such sale shall be distributed as set forth in Minn. Stat. Sec. 16A.695 and the Commissioner's Order. Article IV COMPLIANCE WITH MINN. STAT. SEC. 16A.695 AND THE COMMISSIONER'S ORDER Section 4.01 State Bond Financed Property. The Public Entity and the DNR acknowledge and agree that the Public Entity's ownership interest in the Real Property is, or when acquired by the Public Entity will be, "state bond financed property ", as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity's ownership interest in the Real Property. Section 4.02 Preservation of Tax Exempt Status. In order to preserve the tax - exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or use or invest the Program Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non - interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97 -13, 1997 -1 CB 632, or (iii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, otnit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 4.03 Changes to Minn. Stat. Section 16A.695 or the Commissioner's Order. If the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the DNR shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Property from Minn. Stat. Sec. 16A.695 or the Commissioner's Order. Article V DISBURSEMENT OF GRANT PROCEEDS Section 5.01 Disbursement of Grant. Upon compliance with all of the conditions set forth in Section 5.02, the DNR shall disburse the Program Grant to the Public Entity in one lump sum. The DNR's obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the DNR and the Commissioner of MMB. Section 5.02 Conditions Precedent to Disbursement of Grant. The obligation of the DNR to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: A. The DNR shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant set forth in Recital D. B. The DNR shall have received a duly executed Certification and/or Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. 8 C. The DNR shall have received evidence acceptable to the DNR that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement, the Certification and/or the Declaration, and (ii) this Agreement, the Certification and /or and the Declaration are binding on and enforceable against the Public Entity. D. The DNR shall have received evidence acceptable to the DNR that the Public Entity has completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The DNR shall have received evidence acceptable to the DNR that the Public Entity is in compliance with the matching funds requirements in Section 6.20, if any, and that all of such matching funds have been expended for the Project, F. The DNR shall have received evidence acceptable to the DNR that all required permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. G. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. H. The Public Entity has supplied to the DNR all other items that the DNR may reasonably require. Article VI MISCELLANEOUS Section 6.01 Condemnation. If after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned, any condemnation proceeds which are not used to acquire an interest in additional real property needed by the Public Entity to continue its use of the remaining Real Property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order as if the condemned portion of the Public Entity's ownership interest in the Real Property had been sold. If the Public Entity elects to sell its ownership interest in the remaining portion of the Real Property, such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of the condemnation proceeds referred to herein, the DNR agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation proceeds it receives so that the Public Entity can comply with the requirements of this Section. Section 6.02 Record Keeping and Reporting. The Public Entity shall maintain books, records, documents and other evidence ertainin to the costs or expenses associated the g p sociated with t o Project needed to comply with the requirements of this Agreement, Minn. Stat. Sec. 16A.695, the Commissioner's Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the DNR, auditors for the DNR, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit or copy all of such items, 9 The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such items for a period of 6 years from the date that the Project is fully completed. Section 6.03 Inspections by DNR. Upon reasonable request by the DNR and without interfering with the normal use of the Real Property, the Public Entity shall allow the DNR to inspect the Real Property. Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant or the Project to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minn. Stat. Chapter 13. Section 6.05 Non - Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, and it shall fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181. Section 6.06 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182 with respect to the Project. Section 6.07 Antitrust Claims. The Public Entity hereby assigns to the DNR and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project, and operation or management of the Real Property that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 6.08 Legislative Notification. Prior to beginning work on the Project, the Public Entity shall notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is ready to begin. Section 6.09 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minn. Stat. Chapter 177, and specifically those provisions contained in Minn. Stat. Secs. 177.41 through 177.435 with respect to the Project. Section 6.10 Liability. The Public Entity and the DNR agree that they will be responsible for their own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of the DNR and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. Sec. 3.736. If the Public Entity is a "municipality" as such tern is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of such Chapter 466. Section 6.11 Relationship of the Parties. Nothing in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the DNR, or the Commissioner of MMB, nor shall the Public Entity be considered to be an agent, representative, or employee of the DNR, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property. The Public Entity represents that it has already or will secure all personnel required for the performance of this Agreement and the Project. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement and the Project shall have no contractual relationship with the DNR, the Commissioner of MMB, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out 10 of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the DNR, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the DNR, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 6.12 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: City of Rosemount 2875 - 145th Street W. Rosemount, MN 55068 Attention: Tom Schuster To the DNR at: Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155 -4044 Attention: Ken Holman, Community Forest Program Coordinator To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 6.13 Binding Effect and Assignment or Modification. This Agreement and the Certification and /or the Declaration shall be binding upon and inure to the benefit of the Public Entity and the DNR, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the DNR may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Certification and /or the Declaration shall be binding on either the Public Entity or the DNR unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 6.14 Waiver. Neither the failure by the Public Entity, the DNR, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any tern or provision hereof, nor the failure of the - Public Entity, the DNR, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as 11 waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the DNR, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 6.15 Entire Agreement. This Agreement, the Certification and/or the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the DNR, and there are no other agreements, either oral or written, between the Public Entity and the DNR on the subject matter hereof. Section 6.16 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Certification and/or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 6.17 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 6.18 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.19 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 6.20 Matching Funds. The Public Entity must obtain and supply the following matching funds for the Project: NONE. Section 6.21 Source and Use of Funds. The Public Entity represents to the DNR and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project. B. The source and amount of all funds needed to complete the Project, including: (i) State funds including the Program Grant, (ii) Matching funds, (iii) Other funds supplied by the Public Entity, (iv) Loans, identifying each such loan and all collateral pledged for repayment of each such loan and (v) Other funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. 12 Previously paid project expenses (that is, project expenses paid before the effective date of this Agreement) that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, the Public Entity must provide to the DNR and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the DNR or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. Section 6.22 Third - Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the DNR and the State of Minnesota. Therefore, the State of Minnesota, by and through the Commissioner of MMB, is a third - party beneficiary of this Agreement. Section 6.23 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 6.24 DNR and Commissioner Required Acts and Approvals. The DNR and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 6.25 E - Verification. The Public Entity agrees and acknowledges that it is aware of Governor's Executive Order 08 -01 regarding e- verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order and impose a similar requirement in any Use Agreement to which it is a party. Section 6.26 Additional Requirements. The Public Entity and the DNR agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control: Required documents: Updated Community Forestry or Shade Tree Ordinance Annual Maintenance Plan for Public Trees One of the following must accompany the two required documents: Community EAB Preparedness Plan Or Community Forest Management Plan, including EAB preparedness, annual tree maintenance and public education components. 13 IN TESTIMONY HEREOF, the Public Entity and the DNR have executed this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting for Diversity under the diseased shade tree removal and replacement program on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Rosemount, a political subdivision of the State of Minnesota By: Name: Its: Dated: By: Name: Its: Dated: STATE ENTITY: DEPARTMENT OF NATURAL RESOURCES By: Name: Wayne Damerow Its: Assistant Director, Division of Forestry Dated: ENCUMBERED: Sonia Ontiveros Accounting Officer Senior Dated: 04/10/2012 SWIFT Contract # 44383 SWIFT PO # 3 -16547 14 ATTACHMENT IA CERTIFICATION State of Minnesota General Obligation Bond Financed Property The undersigned has a fee simple and /or easement interest in the real property located in the County of , State of Minnesota that is generally described or illustrated graphically in Exhibit A attached and all facilities situated thereon (the "Restricted Property ") and acknowledges that the Restricted Property is State bond - financed property. The undersigned acknowledges that: A. The Restricted Property is state bond financed property within the meaning of' Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; B. The Restricted Property is subject to the provisions of the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting For Diversity between the Department of Natural Resources and dated , and C. The Restricted Property shall continue to be deemed state bond financed property for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: , 20 a political subdivision of the State of Minnesota By: Naive: Title: By: Name: Title: 15 Exhibit A to Certification GENERAL DESCRIPTION OF RESTRICTED PROPERTY [Insert a narrative or graphic description of the property where the Program Grant will be used. It need not be a legal description.] 16 ATTACHMENT IB DECLARATION State of Minnesota General Obligation Bond Financed Property The undersigned has the following interest in the real property located in the County of State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively referred to as the "Restricted Property "): (Check the appropriate box.) El a fee simple title, or an easement, and as owner of such fee title or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting For Diversity between the Department of Natural Resources and iTy � oar wtou •� j dated 5 - Gt - (the "G.O. Grant Agreement "). The Restricted Property shall remain subject to this State of Minnesota Obligation Bond Financed Property Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of the Department of Natural Resources and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. 17 i e a political subdivision of the State of Minnesota By: Name: Title: Dated: , 20 STATE OF MINNESOTA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by , the of , a political subdivision of the State of Minnesota. Notary Public This instrument was drafted by: Ken Holman Community Forest Program Coordinator Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155- 4044 18 Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY [Insert a legal description of the property where the Program Grant will be used.] J vo P'� N y ! A) to Pe+ o e 19 ATTACHMENT II SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Losatait Amount__ State GO Funds Items Paid for with Program Grant Program Grant Funds Other State Funds Subtotal $ 0,00 Subtotal $ o.00 Items Paid for with Matching Funds Non-Program Grant Funds Subtotal $ $ 0.00 Other Public Entity Funds Subtotal $ o.00 Subtotal o.00 I s Loans Subtotal $ o.o Other Funds $ Subtotal $ o.00 - Prepaid Project Expenses Subtotal $ o.00 TOTAL FUNDS 1. $ o.00 TOTAL PROJECT COSTS $ o.00 4 ATTACIIMLNT III GRANT APPLICATION 21 Minnesota 2010 to 2014 Community Forest Bonding Grant Application Coversheet Please refer to the Guidelines when completing the application. This form is also available on the DNR website: http:l /www state mn us/ grantslforestmgmt lcommforestbondgrant /index.html DEPARTMENT OF NATURAL RESOURCES Applicant Information Application Date: 2-13 -2012 Organization: City of Rosemount Project coordinator: Tom Schuster Title Parks Supervisor Address: 2875 145th Street West City, State, Zip Rosemount, MN 55068 Phone: office 651 322 -6005 cell 651 587 -7495 Fax: 651 322 -6080 Email: tom.schuster @ci.rosemount,mn.us Additional Project Coordinators /Technical Advisors: (List names, organization /agency and phone) Eligibility (check one): INICity El Township County El Park & Recreation Board in city of First Class Has your organization received a DNR Community Forest Bonding grant? IS NoElYes, when? For cities or townships only. Is your community a Tree City USA? DNo DYes Project Title: City of Rosemount, Planting for Forest Diversity Summary Statement — Please give a 2 -3 sentence summary of your overall project. A survey conducted in 2010 indicated that in some of Rosemount's parks, ash trees made up more 70% of the tree cover. This project will increase the species diversity of trees in the ten parks with the highest proportion of ash trees. By increasing the diversity of the tree cover in these parks, we can lessen the visual impact of tree losses expected to be caused by EAB or any other epidemic tree pest that may arise In the future, and in so doing begin to implement strategies discussed by the Rosemount City Council and included in a yet to be adopted EAB preparedness plan. Project location (county, city, site): Dakota County, City of Rosemount, Ten parks shown on attached map Start date: Fall 2012 Expected completion date: Summer 2013 Budget Summary Type of Fund $ Amount Non -state cash contributions (not required) 650.00 Non -state in -kind contributions (not required) 5,950,00 Ash Tree Removal grant requested Tree Planting grant requested 20.725.00 TOTAL PROJECT COSTS: 27,325.00 Authorization I certify this information is valid and factual as described in this application and that all costs are eligible under the DNR Community Forest Bonding Grant Guidelines. n Name: • O t' S C t �t S! G 2 Title: f x K-5 S`'t S o ('` Signature: r -tip`— Date signed: ID '' -1- Protect Questions Please answer the following questions on separate pages. Limit to 2 pages. You may reproduce these questions on your computer. Refer to the Guidelines to better understand how projects will be evaluated. 1. Organization applying (e.g. City of ) and Project Title, 2. Project Purpose —In what ways will your project meet the needs of the community forest resources? Explain how the project will benefit and enhance the community and why you feel your project should receive funding. 3. Project Location Description— Describe the site location(s) of the project in detail along with special characteristics such as soil composition. 4. Document Public Ownership -. Certification and /or Declaration of Bond - financed Property documents will need to be included when the Grant Agreement is signed and returned to DNR, but are NOT required with the project application. We do recommend including a map of the project area. See the Project Timeline section of the Guidelines for details. 5. Project Goals —What are the projects goals and objectives for each grant category applying for? 1. Planting for diversity, replacing trees lost to storm(s). 2. Removal and replacement of EAB- infested ash trees. 6. Methods —What will be developed, produced, performed and implemented —who will be responsible for these activities and when will they occur? Include any educational outreach efforts, owork with volunteers, and especially the technical plans and practices. 7. Personnel— Describe the names, titles, qualifications and project role for all staff and technical partners involved. Describe the roles of volunteers involved and training to be provided. 8. Maintenance and Management Plan A. Upon completion, what are your plans for long -term maintenance of trees planted, and monitoring and management of insect and disease pests? Include how, when and by whom activities will be accomplished. For any tree planting project, you must provide a summary of at least a 3 -year maintenance plan.* B. What is the community doing to build capacity towards long -term management of this project or a community forestry program independent of state funding? Describe any existing management plans.* *Note: Please see Required Local Program Components in the Guidelines for documents that are due upon completion of the grant project. Those documents should be included with the Final Report and Invoice form. Tree Planting List Only fill out this table if you are doing tree planting as part of your project. If you need additional space, an additional sheet :nay be included (1 page limit Please refer to: Approved Native Planting Stock List. Tree Stock Source(s): Bachman's Wholesale Nursery & Hardscapes or approved equal QTY Species Size & Type (B &B, bare (Common & Scientific Name) root or container - grown) 10 Red Maple - Acer rubrum 2" B &B 15 River Birch (clump) - Betula niqra 10' B &B 15 Hackberry - Celtis occidentalis 2" B &B 10 Kentucky Coffee Tree - Gymnociadus dioicus 2" B &B 15 Basswood - Tilia americana 2" B &B 10 White Oak - Quercus alba #25 container 10 Swamp White Oak - Quercus bicolor 2" B &B 15 Bur Oak - Quercus macrocarpa 2" B &B 100 « Total number of trees (Use 1 additional sheet if needed) -2- Protect Budget Breakdown Please refer to the Guidelines for eligible and ineligible expenses. Highlighted areas are ineligible expenses. Please attach a Budget Narrative with details of Contractual Services, Equipment and "Other" costs. (limit 1 page). ITEM (specify type and source) In -kind Match Cash Match Bonding Grant Total Funds Public Ash Tree Removal Budget See "Know EAB- Infested Areas Ma*" for ell • ible public lands. Personnel:(No grant funds can be used for grantee personnel) 0 Contractual Services: Briefly describe in Budget Narrative. (see Eligible Costs) 0 Grantee - owned, lease or rental equipment use. Match only. (no grant funds for equipment use) 0 Education costs. Match only. 0 Other. Briefly describe in Budget Narrative.(see Eligible Costs in Guidelines): 0 Public Ash Tree Removal Sub Totals 0.00 0.00 0.00 0.00 Public Tree Plantin. Budget storms or infested ash re•lacement and •lantin• for diversit Personnel: :(No grant funds can be used for grantee personnel) 4300 4300 Plant Stock (trees only): 20725 20725 Grantee - owned, lease or rental equipment use. Match only. (no grant funds for 1000 ? 1009 e•ui.ment use Contractual Services: Briefly describe in Budget Narrative. (see Eligible Costs) 0 Education costs. Match only. (workshops, publications, etc) 300 300 Other. Briefly describe in Budget Narrative.(see Eligible Costs in Guidelines): 650 350 1000 Public Tree Planting Sub Totals 5,950.00 650.00 0.00 InMena TOTALS for both project types 5,950.00 650.00 0.00 27 325.00 Must e•ual amounts in •.1 Bud•et Summa Application Check - off: Mail the original and 3 copies of the following: Completed and signed application form Attached pages: Answers to project questions (2 page limit), budget narrative (1 page limit), extra tree planting list (1 page limit), and optional map (1 page limit) Applications must be received by 4:30 pm, Friday, February 17, 2012. Mail to: 2012 -14 Community Forest Bonding Grants Minnesota DNR, Division of Forestry, Box 44 500 Lafayette Road St. Paul, MN 55155 -4044 2010 to 2014 Community Forest Bonding Grant Application - Project Questions 1. Organization applying and Project Title: City of Rosemount, Planting for Forest Diversity. 2. Project Purpose: Like many cities that were developed in the 1960's and early 1970's, parts of Rosemount were planted with a heavy reliance on ash trees. In some neighborhoods and parks in Rosemount, ash trees make up nearly 75 percent of the tree cover. In Chippendale Park, eleven of the fourteen mature trees in the park are ash trees. The average DBH of the ash trees in Chippendale Park is 23.2 ". If and when we start losing trees to Emerald Ash Borer, the losses will appear most significant in places like Chippendale Park and the neighborhood immediately surrounding it. By introducing a wider variety of trees into parks like Chippendale Park, we can achieve better tree diversity in our neighborhoods, mitigate the drastic change in appearance and character of the neighborhood likely to be caused by tree loss, and to do so in a preemptive manner, allowing some time for the newly planted trees to become established before the ash removal begins. The introduction of a variety of species also improves the sustainability of our urban forest as it will provide diversity to the tree cover to protect us from the next, still unknown threat to the urban forest. The Community Forest Bonding Grant will help us to maintain diversity as an important element of the City's desire for sustainability. A tree inventory has been performed in each of our parks. In each of the parks included in the is project, ash make up a minimum of 25% of the existing tree cover, and in three of these parks, ash account for at least 55% of the tree cover. 3. Project Location Description: The project locations are in parks as follows: Camfield Park: 10 trees, Charlie's Park: 3 trees, Chippendale Park: 10 trees, Dallara Park: 8 trees, Erickson Park: 15 trees, Kidder Park: 12 trees, Lions Park: 7 trees, Schwarz Pond Park: 15 trees, Shannon Park: 10 trees, Winds Park: 10 trees. The predominant soil types in Rosemount are well drained sandy loams and loamy sands. 4. Document Public Ownership: All parks are publicly owned. Copies of plat map and dedication language will be supplied if requested. 5. Project Goals. The Goals of the Planting for Forest Diversity is to plant alternative species to ash trees in parks that have an overabundance of ash trees. We also wish to use this tree planting as an opportunity to start educating residents about EAB and the need for species diversity. We will work with the Rosemount Town Pages and the City's Website and City Newsletter to start this education process. 6. Methods: In conjunction with this planting project, the City will engage in public discussions concerning EAB and the City's management policies for EAB. While Rosemount's EAB Preparedness Plan has not yet been officially adopted by the Rosemount City Council, increasing the diversity of the community tree cover is an important aspect of the plan. In fulfillment of the requirements of this grant, one of the results of this project will be the adoption of the Community EAB Preparedness Plan. The Parks Supervisor shall be responsible for initiating the project, discussing the project and EAB Preparedness Plan and other EAB updates with Rosemount residents, the Rosemount City Council, and the Parks and Recreation Commission, and for providing education and information via the Rosemount Web site, the City's Parks and Recreation Activities brochure, and the local newspaper, the Rosemount Town Pages. All trees funded with this grant will be planted in the fall of 2012 or spring of 2013 by Rosemount Public Works crews using standard arboricultural practices. Rosemount has the staff and equipment to keep the newly planted trees well watered and this will be one of the key tasks during the first three years after planting. Trees will be fertilized at the time of planting. The trees selected for planting in each park will comply with the 10 -20- 30 rule where after planting, no species will account for more than 10 % of the tree cover, no genus more than 20 %, and no family more than 30% (except for the already existing ash trees). 7. Personnel: Tom Schuster, Parks Supervisor, BS Forestry, University of Minnesota, 32 years experience in municipal forestry. Mark Joosten, Landscape /Horticulture degree from Dakota County Technical College, 23 years experience. Miscellaneous Public Works personnel, trained in arboricultural practices. All of the above will be involved in planting the trees. Tom Schuster will be involved in the public education and EAB preparedness planning. 8.' Maintenance and Management Plan: A. Long term maintenance of the trees planted is scheduled on an as needed basis or on a cycle of routine maintenance. Trees are monitored by city crews and staff. Rosemount Public Works has the necessary equipment to plant, establish, and maintain park trees in good condition. City tools include a tree spade, a "U" blade and ball moving paddles for our skid loaders, miscellaneous pruning equipment, and a water tanker. Rosemount has several Certified Tree inspectors and several Certified Pesticide Applicators on staff that are familiar and experienced with tree care practices and with fertilization and pest management. The City of Rosemount has been designated as a Tree City USA for 19 years. Year One: Water on an as needed basis, monitor for water deficiency, disease and insect issues. Protect trees from sun scald. Stake if needed. Year Two: Water on an as needed basis, monitor for water deficiency, disease and insect issues. Fertilize new trees. Unwrap trees protected from sunscald and rewrap in the fall. Stake if needed. Readjust any stakes still needed from year one. Year Three: Water on an as needed basis, trim out any dieback from first two years and adjust tree branches for proper tree structure. Remove any stakes no longer necessary. Remove tree wrap from trees wrapped year before in the spring and re wrap if necessary. B. The City of Rosemount has historically budgeted enough money to purchase or lease equipment and train personnel in tree planting, maintenance, and safety issues. The Public Works annual budget does now and will continue to provide funds for landscaping and ongoing tree trimming and maintenance. Rosemount's Comprehensive Plan states that parks and open space systems can have a strong impact on neighborhoods and are essential components of a healthy community and are tools to help create a high quality of life for the people living and working in the City. It goes on to say that parks act as neighborhood gathering points and strengthen the sense of community. Increasing the diversity of the tree cover in these ten parks will certainly help ensure that these site remain tree covered and sustain their character and their appeal to the residents of the area. 2010 to 2014 Community Forest Bonding Grant Application Budget Narrative The City of Rosemount will use the funds supplied through the Community Forest Bonding grant to purchase 100 trees to be planted by Rosemount staff. For the most part, the trees will be 2 "B &B (or as close to this size as are available) and will be purchased from Bachman's Wholesale Nursery and Hardscapes. Based on the BachmanWholesale's catalog prices, the cost of the 100 trees we plan to plant is $20,725. The value of the labor, supplied by Rosemount staff, to plant these 100 trees will be approximately $4,300. The value of the city owned equipment (Bob cats and Dump trucks) used to plant these trees will be approximately $1,000. At the time of planting, compost, available at Resource Recovery Technologies in Empire MN, will be incorporated into the backfill mix and the new trees will be fertilized and mulched. Mulch for the new trees will come from Rosemount generated wood waste so will available without cost, but the value of the compost, fertilizer and mulch will be approximately $1,000. Information about Emerald Ash Borer and the City's planting program and participation in this grant project will be included in an upcoming edition of the Rosemount Parks and Recreation Activities brochure which is mailed to every home and business in the city. The cost of including information in publication is approximately $300 per page. I A 1 = ( N n J 0 (--1 1.1 00 DV 1` „ : W g 1-- N u p o N H S r+ N L2 Ul r H. _ O . ,+ gm O 2 fD H. 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