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Home My WebLink About4.h. Payment to Metropolitan Council for Planning Assistant, Loan #1 } .� i CITY OF R4SII�i0UNT EXECtJTIVE SUMMARY FOR ACTION CITY COUNCTL MEETTNG DATE: FEBRUAR.Y 2, 1993 AGENDA ITEM: PAYMENT TQ METROPOLITAN COUNCIL AGENDA SECTION: FOR PLANNING ASSIST. LOAN #i CONSENT PREPARED BY: LISA FREESE, AGENDA��e �, � � DZRECTOR OF PLANN�NG �� ATTACHI�IENTS: METROPOLITAN COUNCIL CONTRACT � R � • �2t,� � As you wi11 recall, the City of Rosemount received a $35, 325 Planning Assistance Loan to assist with the completion of the Comprehensive Guide Plan update. The first of three equal loan installments was due on January 20, 1993 . The payment rec�u.ired by the contract is $11, 775 . This repayment a.s included in the 1993 budget account 101-41110-01-601. Staff recommends payment at this time. REC�MMENDED ACTION: Motion to make a payment of $11, 775 from account 101-41110-01-6O1 to the Metropolitan Couneil . GOUNCIL ACTION: , SF'tiT BY� 1-28-93 ; 9�59a14 ; 1fETR0 CQl:1C 1 Ly 1 612 �23 5�U3:� 21 � LO+�Ci N�. L-92-4 LOAN AGREEMEN7 BETWEEN � Ttl� METRC?POtITAN C�,IUNCIL. AND �mE ctnr o� �as�nnounrr THtS AGREEMEh1T fs made and entered into this lothday ot �ebruary , 1992, by and between the Meiropalitan Council, herein��ter referred to as the "Councli," and the Gity of Rosamount, herelnafter reterred to as the "Lertde6." WHEREAS, �the Council is authorized by Mlnnesota Statutes, Sectlon d73.86�, to establish a piannEng assist�nce fund to asstst focai governrn�nts in carrytng out planning activities and to adapt un(form procedures for the award, dlsbursement and repayment af grants and loans; and WHER�AS, the lendee has ap�tied to the Council fcr a laan to revise the City's � comprehensive guids plan and upda#e tha City's zanin� and subdivi�ion ardlnances; and WHEREAS, the Cauncfl desires to assist the Lendee in cc�mpleting its work plan by making a laan through the �ouncit's plar�nfng assistance iun�. NOW, THERE�ORE� ln considera#ton of the Council's agresment to fo�n planning funds ta the Lenciaa and tha Lendee'� agre�ment to repay said funds, the Coun�il and Lendee agree as fQllows: 1. Amout�t The Gauncii shall pay tQ the Lendee a total loar� amount o _$35,325.00� TYte � tatal arnaunt ofi laan funds shaH be made avallabie to the I.end�� with7n ten days foliawing execution af this l.oan Agreement. 2. SeDpe_of Work: Estlmated Completton Dete �' The Lendea �graes to do, perform and carry out in a satisfactory and proper manner the actfvities speci�ed in the work pro�ram set forth in Lendee's ioan appfication, wh�ch is sttach�d hereto as Appendix A and msda a part hereof. That portion of the wcx'k pro,gram wf�(ch shall be funded by the loan award is ` described In Sect(an 3.A. of this an Aareement. 7'ha estimated compietian . date of t�te work program is�August 31� 1992� -i —w �. '�"�-"�'" --- � ..�..�.-----�--------- 3. Authartz�d Use af L�p�n Procg,eds A. The Lendee sha(1 utltize the loan funds to pay for the actiuities specified under �Contract C4sts" 1n the l�roject Budg�t contained in Exhibit A, up #a a total maximurn ex�enditure of$�5,325.Qc�, The activit�es so paid for aut af loan fiunds shall eonstftute the funded partian of the w4rk program. � SEZT BY� 1-28-93 :10�t�[1�19 : D1E'T'RU COUiC1Ly 1 612 ��3 5203;� �/ '� a . . . �indQ PrOo��3 4?.��# �CA�-�'-� progress �eport which shaU b� evaluated by the CauncJl to determina tnat: 7. The planntng, costs fundad by thls ioan dfd not exceed seventy-#ive percent (7596} oi the tQtal cQst of ihe work program. 2. '1'he scope of work was Gompletecl. 3. The terms.of this l,�an Agreem�nt were met. The �na( progres3 report ls due Nove�rtber 2C}, 1992. 6. Qsnera! Cvttditld»s A, Duration. The period of (oan award speci�ed herein shait tfzmmenc� on the sxecution of tFsis agreement snd remaln in force and effect until January 20, 1995. 8. Rapavment The Lendae agrees to repay the Council ln accordanee with the follaw�ng schedctle: � . , . 1. The Lendes wi{I remit#a the Council on or before,��ray��p,� ��iS#93��n ir�itlal payment o�.��;�,�5,00.'� �. The L�ndee wtli remit to the Council ort or betore Jan�ary 2p, 1994 �sec�and paymsnt of$T1,775.pQ. 3. The Lendee wil) rernit to the Cour�ci! on or before January 20, 1995 a fina! paymant c�f$11,775.40. C. B each. In the event that fhe Council tlnds that there has be�n a faiiure � ' to com pt y wiih the pcavlslans r�f t his Loan Agreement, the Lendee agree� to repay to ihe Councl!#�nds not used in accordanc�with this . Loart Agreement, These funds shali be repatd at an in#erest�ate af S percent p�r year, compounded annuaRy, frorn ihe date of the'act whlch ' was in breach of t�t$ �c�an Agreernent. tn addition, tha Coun�it reserves ths right to take other act,on it deems necessaty to protect if�interests = _ 'rn the even#of a breach by the Lendee: _ — _ - . - _� : D• �h�. '1'he terrns at thls Loan Agreement may be ch�ang�i ar ` = -_ modffied by mutcxat a�re�rnent crt tha par#ies herefo. Sucfi ct�nges or =; modiftcativns shait be effective on�y upcn the �x�cution af wri�tan amendments signed by authorized representatives of the Cauncil and the Lend�e. . E. Nondiscrimination. The Lendee agrees ta campty with ati applicable laws relating to nondiscrimination, aifirmatEva action, publi� purchase, canirac�n� and emptoymant. In particular, the Lendee agrees ndt tca discrirninate agairtst any emptoyee or appticant for employmen# becaus� of race, colr�r,`reiigian, sex or r�atlonal origin, and ta take affirmative action to ensure that .�_ \r , ,SE�:\T SY: 1-2t5-93 ;lU�UUa:�1 ; A1E1Rq GUL'`C1Ly 1 nl� �==� ��"�„� Z � g, The l.endea agrees that na mare than seventy-five percent {75°;0) of the iotal cost of carrying out the work program set iorth in Appendix A shail be t�nanced by {aan funcls. C, It fs understood ant� agre+ed that costs and axpenses#o ►� pald for out a# loan proceeds shati t�e !rt substacttiat accard with tMe specifI�tloc�s � contained in Appendix A, and with other provisions containad 1n this Loan Agreement. 1t is furthe� understood and agreed that ths fallowing costs and expenses shali be the only costs and expenses paid far out dfi toan prQceeds; 1: Compensation af existing staff. 2. Compensation of newty hired statf. 3. Emptoyrnent of a qualified consuttant(s). 4, Payment cf ather costs such as overhead, rental of space and � equipment, pur�hase Qt supplies, printing and publlshing. 4, AccQunti�Q q, . The Lendee a�rees to establish ar►d maintain an accucats and camplete separate contrai accaunt for loan funds r�ceived, and to maintaln accurate and campiete accounts and records relating to the receipt and expenditura of anp and ali lo2�n funds ir�ctud(ng. but not limited ta, dc�cument�tic�rr and informatian relating ta the selectlon �nd payment of cQnsultants. .. ,, •..:,, . .. g. The above accounts and records of the Lendee shall be audited by the Lendee in the same manner as atl othar accounts anc# records af the Lendee are audited, and may be audited and/or inspeeted on the Ler►dee's premises or otherwlse by individuais or organizations dQsignatad and'autharized by the Council, foilawing reasonable notification, during the toan perft�d and far a period caf at least three ysars foitowing ihe flna! loan payment. The Lende� shati provlde the Cauncil reasonabte access to the Lendee's accaunts and recards during`business hours. 5. Re�orts -�; ._.._� A. MId-Polnt Praaress Report. The Lendee shall prepare and deliver to the .- -: C�uncil a mid-point progress re�aort advising the Council on the �tatus af the aciivitCes undertaken in connecttcn wlth thls Laan Agreernent. The report shalt cantain a short descriptiar► of the utitizatian of toan tunds to date, pcojected #uture planning e�enses and any anticip�ted probiems ln meeting complefion d�tes. The mid-point progress repart fs du� M�y 31. i 892. B. Fln�l F'roaress Reqort, T�te Lendee agreas tlzat upan cr�mpletion of the tata! work program, the l.end�� wit! submit to the Councii a finai _2_ � SEtiT BY: 1-2�-93 ;10�U1�19 ; ,19ETR0 C(1U\C I Ly 1 �i12 �23 ��2113;T �% '5 ' following: employment, upgrading, demotion, tr�nsfer, reeruitment, �ayoff, termination, rates of pay and other forms of compensafion, anci selection for tralning, The Lendee iurther hereby acknowledges that tt�e CQunci! encaursges the Lsndee and#ts contractars to take afftrmative �ct�on t+o utitize ' wo►t�enlrninority/dlsadvarttaged businesses in fhelr assisf6d ptanning activities. 1N WiTNE�S 1ryHEREOF, the parties hereta h&ve caused this Agreernent to be exacuted on t�Q ��y �,�� year first above written by ttteir authorized representatives. `;�ApP ve .a orm MET'i�OPOLtTAN COUNC -'� !L sistant Gounset __ .' ,� .� Sharon G. Kfumpp, Execu • plreetor k L,E�iDEE: CITY OF RQSEMOtJNT ey � ^ . . . � r�� -- .- . . . ER.MOG38T � � '�- \