HomeMy WebLinkAbout6.n. Dakota County Community Development Agency Redevelopment Incentive Grant and Redevelopment Planning Grant Agreements 4 ROSEIv1OUNT
EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: April 1, 2008
AGENDA ITEM: Dakota County Community Development
Agency Redevelopment Incentive Grant AGENDA SECTION:
and Redevelopment Planning Grant Consent
Agreements
PREPARED BY: Eric Zweber; Senior Planner AGENDA NO. l,.ti.
ATTACHMENTS: Grant Award Cover Letter,
Redevelopment Incentive Grant
Agreement, Redevelopment Planning APPROVED BY: ''(Y
Grant Agreement
RECOMMENDED ACTION: Motion to authorize the City Administrator to execute the
Dakota County Community Development Agency Redevelopment Incentive Grant
Agreement for the demolition of the five homes on the east side of Cameo Avenue.
Motion to authorize the City Administrator to execute the Dakota County Community
Development Agency Redevelopment Planning Grant Agreement for the planning of
enhancements to the 145 Street West frontage and access to Central Park.
ISSUE
The City of Rosemount has been awarded two grants from the Dakota County Community Development
Agency (CDA) totaling $75,000. To receive these funds, the City must enter into grant agreements with the
CDA that are signed by the City Administrator.
SUMMARY
Last December, the City applied for two grants from the CDA, a Redevelopment Incentive Grant (RIG)
and a Redevelopment Planning Grant (RPG). The RIG is a grant program for the acquisition, demolition,
or redevelopment of property. The RPG is a grant program for the planning and design for future
redevelopment opportunities.
The City grant proposal for the RIG is to pay for the demolition of the five homes on the east side of
Cameo Avenue that the City (Port Authority) purchased last year. The five homes were purchased to
expand the site of the St. Joseph's complex and will provide opportunities such as expanded parking and
additional green space between the public uses and the residential neighborhood. The grant award is
$65,000 for the demolition and abatement of the five homes. The $65,000 estimated cost of the demolition
was determined by a review of the recent home demolition costs by the City in the last three years. The
RIG requires a $2 match for each $1 awarded. The City will use the cost of the acquisition of the five
homes, which exceeded $1,250,000, as our matching funds. This means that, the only additional cost that
the City may have to bear for this grant would be if the cost to demolish the five homes exceeds $65,000.
The City grant proposal for the RPG is to pay for a planning study to look into improvements on the 145t
Street West frontage and access to Central Park. The grant award is $10,000. The expansion of Central
Park and possible acquisition of the Polfus Implement and the BP Amoco site is identified as
redevelopment goals within the Development .Framework for Downtown Rosemount. City staff, with technical
assistance from WSB, will be conducting the planning study this summer and anticipate a report in the late
fall or early winter. The planning study will include discussions with the property owners and tenants of
the Polfus Implement and BP Amoco properties, as well as an open house with downtown businesses and
residents. This planning activity will be conducted jointly with the Parks Department who will be doing
future planning exercises relating to Central Park.
The RPG requires a $1 match for each $1 awarded. It is anticipated that the matching funds will come
from the Port Authority which has consulting funds available within its budget. If the planning study
recommends the acquisition of Polfus Implement and /or BP Amoco, the City can consider applying for
the Redevelopment Incentive Grant funds in future years.
RECOMMENDATION
Staff recommends that the City Council authorize the City Administrator to execute the grant agreements
with the CDA.
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CDA Dakota County
Community Development Agency
March 25, 2008
Jamie Verbrugge, City Administrator
City of Rosemount
2875 145 Street West
Rosemount, MN 55068
RE: Award of Dakota County CDA Redevelopment Incentive Grant
e—
Dear Mr. Vegiffe
On March 11, 2008, the Dakota County Community Development Agency (CDA) Board
of Commissioners approved the award of a Redevelopment Incentive Grant to the city of
Rosemount in the amount of $65,000 for the St. Joseph's Complex as well as a
Redevelopment Planning Grant in the amount of $10,000 for the Central Park West 145
Street Access Study. Congratulations!
The Redevelopment Incentive Grant program is a Dakota County CDA initiative to assist
communities with their redevelopment needs. As such, it represents a significant
commitment of local CDA resources. I would appreciate your direct feedback on the
value of this program to your community and your honest opinion of its merits.
Please note that the Redevelopment Incentive Grant is contingent on the Dakota County
CDA's determination that the project meets all program requirements and the City enters
into a Grant Agreement. The Dakota County CDA retains the right to make funding
contingent upon additional criteria.
Thank you for your interest in this new initiative. We look forward to working with you
on this project. Please feel free to contact Melissa Taphorn, Assistant Director of
Community Revitalization, with any questions at (651) 675 -4467 or e-mail at
mtaphorn@dakotacda.state.mn.us.
Sincerely,
f YY1, S
Mark S. Ulfers
Executive Director
cc: Willis Branning, Dakota County Commissioner
Kim Lindquist, City of Rosemount Community Development Director
1228 Town Centre Drive Eagan, MN 55123 -1066
tel 651-675-4400 fax 651-675-4444
C Dakota County
Community Development Agency
March 25, 2008
Kim Lindquist
City of Rosemount
2875 West 145th Street
Rosemount, MN 55068
RE: ST. JOSEPH'S COMPLEX CENTRAL PARK ACCESS STUDY
Dear Kim:
Enclosed please find two Redevelopment Incentive Grant Agreements for each of the
above referenced redevelopment projects. Please have the agreements signed by the
authorized person on behalf of the City and return one of each agreement to my attention.
Keep the other agreement copies for your records.
If you have any questions, please call me at (651) 675 -4467.
Sin i rely,
O
i
"'Melissa Taphorn
Assistant Director of Community Revitalization
Enclosures
1228 Town Centre Drive Eagan, MN 55123 -1066
tel 651-675-4400 fax 651-675-4444
DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY
REDEVELOPMENT INCENTIVE GRANT PROGRAM
GRANT AGREEMENT /A
THIS GRANT AGREEMENT entered into this day of M L V v v
2007 by and between the Dakota County Community Development Agency, a public
body corporate and politic (the "Agency and the City of Rosemount, a political
subdivision of the State of Minnesota (the "Grantee
WHEREAS, pursuant to Resolution No. 06 -4092 the Agency has established the
Redevelopment Incentive Grant Program (the "Program to improve the tax base and
quality of Life in Dakota County by assisting municipal redevelopment efforts and
promoting the development of affordable housing; and
WHEREAS, the activities to be undertaken under the Program are all activities that the
Agency could undertake directly pursuant to Minnesota Statutes, §469.001 to 469.047
and 469.090 to 469.1082; and
WHEREAS, this Agreement shall constitute a cooperation agreement between the
parties, as contemplated by Minnesota Statutes, §469.041, clause (8) and 469.101,
subdivisions 5 and 14; and
WHEREAS, the Grantee submitted an application for a Redevelopment Incentive Grant
(the Application in response to a request for proposals issued by the Agency and will
use the grant funds made available under this Agreement to help fund the project
identified in Attachment A (the "Project and
WHEREAS, the Agency has concluded that the Grantee has the necessary expertise,
skill and ability to successfully complete the Project and that the Project is in the best
interests of the Agency and will positively contribute to meeting the goals of the
Program; and
WHEREAS, the Grantee is a municipality of Dakota County that is supportive of the
Agency's mission and of the development of affordable housing; and
WHEREAS, the Agency had agreed to provide grant funds to the Grantee pursuant to
the Program and Resolution No. 08 -4860, subject to any terms, conditions, and
clarifications hereof.
NOW THEREFORE, in consideration of the mutual covenants and agreement
contained herein, the Agency and the Grantee agree as follows:
1
ARTICLE 1: TERMS OF GRANT
1.01 Grant Amount: The Agency agrees to provide a grant to the Grantee in the
amount of Sixty -Five Thousand Dollars ($65,000.00) (the "Grant from the Program
upon the terms and conditions and for the purposes set forth in this Agreement.
1.02 Match Requirement: The Grantee shall match the total Grant amount received
from the Agency based upon the expenditure of two dollars ($2.00) of Grantee funds
"Matching Funds for each one dollar ($1.00) of Grant funding. Such Matching Funds
shall (a) constitute the actual expenditure of Grantee funds on the Project described in
Attachment A and not "in kind" contributions and (b) be in balance at the time of each
Grant disbursement pursuant to Section 1.06 hereof. The source and amount of Matching
Funds shall be identified by the Grantee in each Reimbursement Request, as described in
Section 1.06.
1.03 Use of Funds: The Grantee agrees to use the proceeds of the Grant solely for the
purposes and activities described in Attachment A. A Project summary that identifies
eligible uses of Grant proceeds, as approved by the Agency, is contained in Attachment A
("Eligible Uses Grant funds shall not be used for (a) construction costs, (b) soft costs
related to the Project, (c) costs not included in the Application, (d) residential
rehabilitation or house moving or (e) administration expenses.
1.04 Grant Term: The Project shall be completed in a timely manner and all Grant
funds will be expended upon the later of (a) nine (9) months of the date of this
Agreement or (b) December 31, 2008 (the "End Date For purposes of this Agreement
"Completed" means submission of a Certificate of Project Completion identified in
Attachment B.
1.05 Term Extension: The End Date may be extended beyond the original End Date at
the sole discretion of the Executive Director of the Agency. The Grantee must submit
any extension request in writing at least thirty (30) calendar days prior to the End Date (a)
stating the reason for the extension request, (b) providing a proposed new End Date and
(c) describing in reasonable detail proposed changes to the Project activities and budget,
if any. The End Date may be extended only once and the extension shall not exceed one
(1) year beyond the original End Date.
1.06 Disbursement of Grant Funds: The Agency will disburse Grant funds in response
to written reimbursement requests ("Reimbursement Requests submitted to the Agency
by the Grantee upon forms provided by the Agency and accompanied by (a) copies of
bills and invoices from third parties for which Grantee seeks reimbursement and (b) proof
of expenditure of Matching Funds in an amount at least equal to two times the amount of
the Reimbursement Request. Subject to verification of the facts contained each
Reimbursement Request and a determination of compliance with the terms of this
Agreement, the Agency will disburse the requested amount to the Grantee within
fourteen (14) days after receipt of each Reimbursement Request.
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1.07 Release of Unused Grant Funds: Upon the earlier of (a) Completion of the
Project or (b) the End Date (the "Grant Release Date any Grant funds not previously
disbursed to the Grantee for any reason shall be automatically released from the terms of
this Agreement.
ARTICLE 2: ACCOUNTING, AUDIT AND REPORTING REQUIREMENTS
2.01 Accounting and Records: The Grantee agrees to accurately and completely
establish and maintain detailed accounts and records relating to the receipt and
expenditure of all Grant funds received under this Agreement. Such accounts and records
shall be kept and maintained by the Grantee for a period of six (6) years following the
Grant Release Date. Such financial records shall sufficiently evidence the nature and
expenditure of all Match Funds required. Accounting methods shall be in accordance
with generally accepted accounting principles.
2.02 Audits: The accounts and records of the Grantee described in Section 2.01 shall
be audited in the same manner as all other accounts and records of the Grantee and may,
for a period of six (6) years following the Grant Release Date, be inspected on the
Grantee's premises by the Agency or individuals or organizations designated by the
Agency, upon reasonable notice thereof to the Grantee. The books, records, documents
and accounting procedures relevant to this Agreement are subject to examination by the
State Auditor in accordance with State law.
2.03 Report Requirements: The Grantee shall periodically report to the Agency
regarding the status of Project activities and the expenditures of the Grant funds. Reports
are due on each May 31 and November 30 during the Grant term, as defined in Section
1.04. A final report is due sixty (60) days following the Grant Release Date. This
reporting requirement and all others required in this Agreement shall survive the
termination or expiration of this Agreement.
2.04 Appraisal: The Grantee represents that an appraisal has been or will be carried
out to determine the fair market value of any real property to be acquired as a part of
Project activities and that any purchase offer and price paid was made based on the
appraised value. The Grantee further represents that such appraisal conforms to Uniform
Standards of Professional Appraisal Practice (USPAP) requirements and was performed
by a qualified appraiser licensed in the State of Minnesota.
2.05 Acquisition and Relocation: The Grantee represents that all Project activities
comply with all aspects of Minnesota Statutes, §117.50 to 117.56 and the United States
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, if applicable.
2.06 Environmental Site Assessment: The Grantee represents that a Phase I
Environmental Site Assessment or other environmental reviews have been or will be
carried out, if such environmental assessment or review is appropriate for the scope and
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nature of the Project activities funded by this Grant and that any environmental issues
have been or will be properly and adequately addressed. Issuance of this Grant neither
implies any Agency responsibility for contamination, if any, at the Project site nor
imposes any obligation on the Agency to participate in any pollution cleanup of the
Project site if such cleanup is undertaken or required.
2.07 Public Bidding: The Grantee, in the expenditure of Grant funds, shall at all times
comply with the requirements of Minnesota Statutes, §469.015 and 471.345.
ARTICLE 3: GRANTEE REPRESENTATIONS AND WARRANTIES
3.01 Authority: Grantee warrants that it is duly organized under applicable laws of the
State of Minnesota and that it has authority to execute, deliver, and perform its
obligations under this Agreement.
3.02 Use of Grant Funds: Grantee warrants that it shall use the proceeds of the Grant
solely for Eligible Uses in accordance with Section 1.03 hereof.
3.03 Project Site Acknowledgements: The Grantee shall acknowledge the assistance
provided by the Agency and Dakota County in promotional materials, press releases,
reports and publications relating to the Project activities that are funded in whole or in
part with the Grant funds. The acknowledgement should contain the following language:
"Financing for this project was provided by the Dakota County CDA Redevelopment
Incentive Grant Program and support from Dakota County Until the Project is
Completed, the Grantee shall ensure the above acknowledgement language, or alternative
language approved by the Executive Director of the Agency, is included on all signs
located at Project or construction sites that identify Project funding partners or- entities
providing financial support for the Project.
3.04 Assignment: Grantee shall not cause or permit any voluntary transfer,
assignment, or other conveyance of this Agreement without the written consent of the
Agency, which said consent may be withheld it the Agency's sole discretion. Any non
approved transfer, assignment or conveyance shall be void.
3.05 Indemnification: Grantee shall defend, hold harmless and indemnify the Agency
and its elected and appointed officials, officers, agents and employees from and against
all claims, liability, costs expenses, loss or damages of any nature whatsoever, including
reasonable attorney's fees, arising out of or in any way connected with its failure to
perform its covenants and obligations under this Agreement and any of its operations or
activities related thereto, excluding the willful misconduct or the gross negligence of the
person or entity seeking to be defended, indemnified, or held harmless. The provisions of
this paragraph shall survive the termination of this Agreement. This indemnification
shall not be construed as a waiver on the part of either the Grantee or the Agency of any
immunities or limits on liability provided by applicable State law.
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ARTICLE IV: DEFAULT AND REMEDIES
4.01 Default Defined: The term "Default" shall mean, whenever it is used in this
Agreement (a) any failure by the Grantee to substantially observe or perform any material
covenant, condition, obligation or agreement on its part to be observed or performed.
hereunder or (b) any material breach of any representation set forth herein.
4.02 Remedies: Whenever a Default occurs, the Agency may immediately, without
notice, suspend its performance under this Agreement. After providing thirty (30) days
written notice to Grantee of a Default, but only if the alleged Default has not been cured
within said thirty (30) days or, if the alleged Default cannot be cured within said thirty
(30) days, within such time as is reasonably determined by the Agency as necessary to
cure (assuming Grantee diligently pursues such cure), the Agency may (a) terminate this
Agreement by written notice, upon which all non disbursed Grant Funds shall be
released, and/or (b) pursue whatever action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any amounts due under this
Agreement or to enforce the performance and observance of any obligation, agreement,
or covenant hereof.
4.03 No Remedy Exclusive: No remedy herein conferred upon or reserved to the
Agency is intended to be exclusive of any other available remedy or remedies, but each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any Default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed
expedient. In order to entitle the Agency to exercise any remedy reserved to it, it shall
not be necessary to give notice, other than such notice as provided in Section 4.02.
4.05 No Additional Waiver Implied by One Waiver: In the event any agreement
contained in this Agreement should be breached by the Grantee and thereafter waived by
the Agency, such waiver shall be limited to the particular breach so waived and shall not
be deemed to waive any other concurrent, previous or subsequent breach hereunder.
ARTICLE 5: GENERAL PROVISIONS
5.01 Amendments: The Agency and the Grantee may amend this Agreement by
mutual agreement and shall be effective only on the execution of written amendments
signed by authorized representatives of the Agency and the Grantee.
5.02 Equal Opportunity: The Grantee agrees it will not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, membership or activity
in local civil rights commission, disability, sexual orientation or age and will take
affirmative action to insure applicants and employees are treated equally with respect to
5
all aspects of employment, rates of pay and other forms of compensation, and selection
for training.
5.03 Conflict of Interest: The members, officers and employees of the Grantee shall
comply with all applicable state statutory and regulatory conflict of interest laws and
provisions.
5.04 Severability: If one or more provisions of this Agreement are found invalid,
illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining
provisions shall not in any way be affected, prejudiced, disturbed or impaired thereby,
and all other provisions of this Agreement shall remain in full force.
5.05 Time: Time is of the essence in the performance of the terms and conditions of
this Agreement.
5.06 Contacts: Reimbursement Requests, written reports and correspondence
submitted to the Agency pursuant to this Agreement shall be directed to:
Dakota County CDA
Attn: Assistant Director of Community Revitalization
1228 Town Centre Drive
Eagan, MN 55123
Any notice, demand, or other communication under the Agreement to the Grantee shall
be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally to Grantee at:
City of Rosemount
Attn: Community Development Director
2875 145 Street West
Rosemount, MN 55068
or at such other address that Grantee may, from time to time, designate in writing.
Mailed notices shall be deemed duly delivered two (2) business days after the date of
mailing.
5.07 Warranty of Legal Capacity: The individuals signing this Agreement on behalf of
the Grantee and on behalf of the Agency represent and warrant on the Grantee's and the
Agency's behalf respectively that the individuals are duly authorized to execute this
Agreement on the Grantee's and the Agency's behalf, respectively and that this
Agreement constitutes the Grantee's and the Agency's valid, binding and enforceable
agreements.
5.08 Counterparts: This Agreement may be executed in multiple counterparts, and all
such executed counterparts shall constitute the same Agreement. It shall be necessary to
6
account for only one (1) such counterpart executed by each party hereto in proving the
existence, validity or content of this Agreement.
IN WITNESS WHEREOF, the Grantee and the Agency have caused this Agreement to
be executed by their duly authorized representatives. This Agreement is effective on the
date of final execution by the Agency.
Agency: The Dakota County Community Development Agency
By: r (A-1,
Mark S. Ulfers, Executive Director
Dated: big"i'
7
Grantee: The City of Rosemount, Minnesota
By:
Jamie Verbrugge, City Administrator
Dated:
8
ATTACHMENT A
Project Name: St. Joseph's Complex
Location: Properties identified for acquisition and demolition are 14300 Cameo
Avenue, 14320 Cameo Avenue, 14330 Cameo Avenue, 14340 Cameo Avenue, and
14350 Cameo Avenue. St. Joseph's Complex is located at 14375 South Robert Street.
Redevelopment Project Description: The project is the acquisition, hazardous material
abatement, and demolition of the single family houses identified above. The parcels
will then be redeveloped with supporting infrastructure and parking for the St. Joseph's
Complex.
Project Activities: Budget:
Acquisition of Identified Houses t $1,252,535
$15,000
Hazardous Material Abatement
Demolition $50,000
TOTAL I
$1,317,535
Matching Funds Sources: Amounts:
Rosemount Port Authority $1,252,535
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ATTACHMENT B
Certificate of Project Completion
Dated:
I, [insert namel [insert titlel of the City of
Rosemount, make this certification in accordance with the Redevelopment Incentive
Grant Agreement between the City of Rosemount and the Dakota County Community
Development Agency dated (the "Grant Agreement do hereby
certify and represent that the St. Joseph's Complex Project (as defined in the Grant
Agreement), is Substantially Completed with the terms of the Grant Agreement. The five
identified single family homes have been acquired, abated, and demolished. The parcels
have been redeveloped to support the St. Joseph's Complex.
City of Rosemount, Minnesota
By:
Its:
10
DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY
REDEVELOPMENT INCENTIVE GRANT PROGRAM
PLANNING GRANT AGREEMENT
THIS GRANT AGREEMENT entered into this day of MA-KM
2008 by and between the Dakota County Community Development Agency, a public
body corporate and politic (the "Agency and the City of Rosemount, a political
subdivision of the State of Minnesota (the "Grantee
WHEREAS, pursuant to Resolution No. 06 -4092 the Agency has established the
Redevelopment Incentive Grant Program (the "Program to improve the tax base and
quality of life in Dakota County by assisting municipal redevelopment efforts and
promoting the development of affordable housing; and
WHEREAS, the activities to be undertaken under the Program are all activities that the
Agency could undertake directly pursuant to Minnesota Statutes, §469.001 to 469.047
and 469.090 to 469.1082; and
WHEREAS, this Agreement shall constitute a cooperation agreement between the
parties, as contemplated by Minnesota Statutes, §469.041, clause (8) and 469.101,
subdivisions 5 and 14; and
WHEREAS, the Grantee submitted an application for a Redevelopment Incentive
Planning Grant (the "Application in response to a request for proposals issued by the
Agency and will use the grant funds made available under this Agreement to help fund
the planning project identified in Attachment A (the "Project and
WHEREAS, the Agency has concluded that the Grantee has the necessary expertise,
skill and ability to successfully complete the Project and that the Project is in the best
interests of the Agency and will positively contribute to meeting the goals of the
Program; and
WHEREAS, the Grantee is a municipality of Dakota County that is supportive of the
Agency's mission and of the development of affordable housing; and
WHEREAS, the Agency had agreed to provide grant funds to the Grantee pursuant to
the Program and Resolution No. 08 -4860, subject to any terms, conditions, and
clarifications hereof.
NOW THEREFORE, in consideration of the mutual covenants and agreement
contained herein, the Agency and the Grantee agree as follows:
1
ARTICLE 1: TERMS OF GRANT
1.01 Grant Amount: The Agency agrees to provide a grant to the Grantee in the
amount of Ten Thousand Dollars ($10,000.00) (the "Grant from the Program upon the
terms and conditions and for the purposes set forth in this Agreement.
1.02 Match Requirement: The Grantee shall match the total Grant amount received
from the Agency based upon the expenditure of one dollar ($1.00) of Grantee funds
"Matching Funds for each one dollar ($1.00) of Grant funding. Such Matching Funds
shall (a) constitute the actual expenditure of Grantee funds on the Project described in
Attachment A and not "in kind" contributions and (b) be in balance at the time of each
Grant disbursement pursuant to Section 1.06 hereof. The source and amount of Matching
Funds shall be identified by the Grantee in each Reimbursement Request, as described in
Section 1.06.
1.03 Use of Funds: The Grantee agrees to use the proceeds of the Grant solely for the
purposes and activities described in Attachment A. A Project summary that identifies
eligible uses of Grant proceeds, as approved by the Agency, is contained in Attachment A
"Eligible Uses
1.04 Grant Term: The Project shall be completed in a timely manner and all Grant
funds will be expended upon the later of (a) nine (9) months of the date of this
Agreement or (b) December 31, 2008 (the "End Date For purposes of this Agreement
"Completed" means submission of the final planning report to the Agency.
1.05 Term Extension: The End Date may be extended beyond the original End Date at
the sole discretion of the Executive Director of the Agency. The Grantee must submit
any extension request in writing at least thirty (30) calendar days prior to the End Date (a)
stating the reason for the extension request, (b) providing a proposed new End Date and
(c) describing in reasonable detail proposed changes to the Project activities and budget,
if any. The End Date may be extended only once and the extension shall not exceed one
(1) year beyond the original End Date.
1.06 Disbursement of Grant Funds: The Agency will disburse Grant funds in response
to written reimbursement requests ("Reimbursement Requests submitted to the Agency
by the Grantee upon forms provided by the Agency and accompanied by (a) copies of
bills and invoices from third parties for which Grantee seeks reimbursement and (b) proof
of expenditure of Matching Funds in an amount at least equal to the amount of the
Reimbursement Request. Subject to verification of the facts contained in each
Reimbursement Request and a determination of compliance with the terms of this
Agreement, the Agency will disburse the requested amount to the Grantee within
fourteen (14) days after receipt of each Reimbursement Request.
1.07 Release of Unused Grant Funds: Upon the earlier of (a) Completion of the
Project or (b) the End Date (the "Grant Release Date any Grant funds not previously
2
disbursed to the Grantee for any reason shall be automatically released from the terms of
this Agreement.
ARTICLE 2: ACCOUNTING, AUDIT AND REPORTING REQUIREMENTS
2.01 Accounting and Records: The Grantee agrees to accurately and completely
establish and maintain detailed accounts and records relating to the receipt and
expenditure of all Grant funds received under this Agreement. Such accounts and records
shall be kept and maintained by the Grantee for a period of six (6) years following the
Grant Release Date. Such financial records shall sufficiently evidence the nature and
expenditure of all Match Funds required. Accounting methods shall be in accordance
with generally accepted accounting principles.
2.02 Audits: The accounts and records of the Grantee described in Section 2.01 shall
be audited in the same manner as all other accounts and records of the Grantee and may,
for a period of six (6) years following the Grant Release Date, be inspected on the
Grantee's premises by the Agency or individuals or organizations designated by the
Agency, upon reasonable notice thereof to the Grantee. The books, records, documents
and accounting procedures relevant to this Agreement are subject to examination by the
State Auditor in accordance with State law.
2.03 Report Requirements: The Grantee shall periodically report to the Agency
regarding the status of Project activities and the expenditures of the Grant funds. Reports
are due on each May 31 and November 30` during the Grant term, as defined in Section
1.04. A final report is due sixty (60) days following the Grant Release Date. This
reporting requirement and all others required in this Agreement shall survive the
termination or expiration of this Agreement.
2.04 Public Bidding: The Grantee, in the expenditure of Grant funds, shall at all times
comply with the requirements of Minnesota Statutes, §469.015 and 471.345.
ARTICLE 3: GRANTEE REPRESENTATIONS AND WARRANTIES
3.01 Authority: Grantee warrants that it is duly organized under applicable laws of the
State of Minnesota and that it has authority to execute, deliver, and perform its
obligations under this Agreement.
3.02 Use of Grant Funds: Grantee warrants that it shall use the proceeds of the Grant
solely for Eligible Uses in accordance with Section 1.03 hereof.
3.03 Acknowledgements: The Grantee shall acknowledge the assistance provided by
the Agency and Dakota County in promotional materials, press releases, reports and
publications relating to the Project activities that are funded in whole or in part with the
Grant funds. The acknowledgement should contain the following language: "Financing
for this project was provided by the Dakota County CDA Redevelopment Incentive Grant
Program and support from Dakota County
3
3.04 Assignment: Grantee shall not cause or permit any voluntary transfer,
assignment, or other conveyance of this Agreement without the written consent of the
Agency, which said consent may be withheld it the Agency's sole discretion. Any non
approved transfer, assignment or conveyance shall be void.
3.05 Indemnification: Grantee shall defend, hold harmless and indemnify the Agency
and its elected and appointed officials, officers, agents and employees from and against
all claims, liability, costs expenses, loss or damages of any nature whatsoever, including
reasonable attorney's fees, arising out of or in any way connected with its failure to
perform its covenants and obligations under this Agreement and any of its operations or
activities related thereto, excluding the willful misconduct or the gross negligence of the
person or entity seeking to be defended, indemnified, or held harmless. The provisions of
this paragraph shall survive the termination of this Agreement. This indemnification
shall not be construed as a waiver on the part of either the Grantee or the Agency of any
immunities or limits on liability provided by applicable State law.
ARTICLE IV: DEFAULT AND REMEDIES
4.01 Default Defined: The term "Default" shall mean, whenever it is used in this
Agreement (a) any failure by the Grantee to substantially observe or perform any material
covenant, condition, obligation or agreement on its part to be observed or performed
hereunder or (b) any material breach of any representation set forth herein.
4.02 Remedies: Whenever a Default occurs, the Agency may immediately, without
notice, suspend its performance under this Agreement. After providing thirty (30) days
written notice to Grantee of a Default, but only if the alleged Default has not been cured
within said thirty (30) days or, if the alleged Default cannot be cured within said thirty
(30) days, within such time as is reasonably determined by the Agency as necessary to
cure (assuming Grantee diligently pursues such cure), the Agency may (a) terminate this
Agreement by written notice, upon which all non disbursed Grant Funds shall be
released, and/or (b) pursue whatever action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any amounts due under this
Agreement or to enforce the performance and observance of any obligation, agreement,
or covenant hereof.
4.03 No Remedy Exclusive: No remedy herein conferred upon or reserved to the
Agency is intended to be exclusive of any other available remedy or remedies, but each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any Default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed
expedient. In order to entitle the Agency to exercise any remedy reserved to it, it shall
not be necessary to give notice, other than such notice as provided in Section 4.02.
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4.04 No Additional Waiver Implied by One Waiver: In the event any agreement
contained in this Agreement should be breached by the Grantee and thereafter waived by
the Agency, such waiver shall be limited to the particular breach so waived and shall not
be deemed to waive any other concurrent, previous or subsequent breach hereunder.
ARTICLE 5: GENERAL PROVISIONS
5.01 Amendments: The Agency and the Grantee may amend this Agreement by
mutual agreement and shall be effective only on the execution of written amendments
signed by authorized representatives of the Agency and the Grantee.
5.02 Equal Opportunity: The Grantee agrees it will not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, membership or activity
in local civil rights commission, disability, sexual orientation or age and will take
affirmative action to insure applicants and employees are treated equally with respect to
all aspects of employment, rates of pay and other forms of compensation, and selection
for training.
5.03 Conflict of Interest: The members, officers and employees of the Grantee shall
comply with all applicable state statutory and regulatory conflict of interest laws and
provi sions.
5.04 Severability: If one or more provisions of this Agreement are found invalid,
illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining
provisions shall not in any way be affected, prejudiced, disturbed or impaired thereby,
and all other provisions of this Agreement shall remain in full force.
5.05 Time: Time is of the essence in the performance of the terms and conditions of
this Agreement.
5.06 Contacts: Reimbursement Requests, written reports and correspondence
submitted to the Agency pursuant to this Agreement shall be directed to:
Dakota County CDA
Attn: Assistant Director of Community Revitalization
1228 Town Centre Drive
Eagan, MN 55123
Any notice, demand, or other communication under the Agreement to the Grantee shall
be sufficiently given or delivered if it is dispatched by registered or certified mail,
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postage prepaid, return receipt requested, or delivered personally to Grantee at:
City of Rosemount
Attn: Community Development Director
2875 145 Street West
Rosemount, MN 55068
or at such other address that Grantee may, from time to time, designate in writing.
Mailed notices shall be deemed duly delivered two (2) business days after the date of
mailing.
5.07 Warranty of Legal Capacity: The individuals signing this Agreement on behalf of
the Grantee and on behalf of the Agency represent and warrant on the Grantee's and the
Agency's behalf respectively that the individuals are duly authorized to execute this
Agreement on the Grantee's and the Agency's behalf, respectively and that this
Agreement constitutes the Grantee's and the Agency's valid, binding and enforceable
agreements.
5.08 Counterparts: This Agreement may be executed in multiple counterparts, and all
such executed counterparts shall constitute the same Agreement. It shall be necessary to
account for only one (1) such counterpart executed by each party hereto in proving the
existence, validity or content of this Agreement.
IN WITNESS WHEREOF, the Grantee and the Agency have caused this Agreement to
be executed by their duly authorized representatives. This Agreement is effective on the
date of final execution by the Agency.
Agency: The Dakota County Community Development Agency
By:A L
Mark S. Ulfers, Executive Director
Dated: *SI Ct
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Grantee: The City of Rosemount, Minnesota
By:
Jamie Verbrugge, City Administrator
Dated:
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ATTACHMENT A
Planning Project Name. Central Park 145 Street West Access
Location: 2925 145 Street West and 2875 145 Street West.
Redevelopment Planning Project Description: Develop several alternative concept
plans for expansion and enhancement of the public access to Central Park, including
the two identified locations.
P ect Activities: Budget:
Park Accessibility Study $20,000
TOTAL $20,000
Matching Funds Sources: Amounts:
Rosemount Port Authority j $10,000
TOTAL $10,000
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