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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, November 18, 2024 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
V. APPROVAL OF MINUTES
Approve Minutes of the City Council workshop and regular meeting on November 4, 2024,
and special meeting on November 12, 2024.
VI. COMMENTS FROM THE AUDIENCE
Comments from the audience may include remarks about items listed on the Consent Agenda.
VII. COUNCIL ITEMS TO BE CONSIDERED
VIII. CONSENT AGENDA
The items on the Consent Agenda are items of routine nature or no perceived controversy to
be acted upon by the City Council in a single motion. There will be no discussion on these
items unless a Councilmember so requests, in which event the items will be removed from the
Consent Agenda to the appropriate Department for discussion.
1. Pay Bills as Audited
2. Resolution: Accept Donation to Police Department from Walmart
3. Resolution: Accept Donations to Arts & Culture Commission
4. Resolution: Accept Donation to the Parks and Recreation Department from Nancy Gessner
5. Authorize Signature: Sculpture Lease for Riverwalk
6. 1st Reading: Amend City Code Chapter 30 – Arts & Culture Commission
7. Certify Assessment of Delinquent Balances: Tree Removal/Treatment, Administrative
Citations, and Abatements
8. Certify Assessment of Delinquent Utility Bills
9. Authorize Signature: Hastings Civic Arena Ice Rental Agreement
10. Authorize Signature: Grant Agreement – Construction Grant for the Hastings City Hall
Repair Project
11. Approve Pay Estimate No. 1 for the 2024 Sanitary Sewer Rehabilitations – Musson Bros.
Inc. ($226,532.25)
12. Approve Pay Estimate No. 5 for the 2024 Neighborhood Infrastructure Improvements –
A1 Excavating LLC ($448,400.98)
13. Resolution Supporting and Authorizing Application to the MCES 2025 Private Property
Inflow & Infiltration Grant
IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
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These are formal proceedings that give the public the opportunity to express their concern, ask
questions, provide additional information, or support on a particular matter. Once the public
hearing is closed, no further testimony is typically allowed and the Council will deliberate
amongst itself and with staff and/or applicant on potential action by the Council.
X. REPORTS FROM CITY STAFF
These items are intended primarily for Council discussion and action. It is up to the discretion
of the Mayor as to what, if any, public comment will be heard on these agenda items.
A. Public Works
B. Parks and Recreation
C. Community Development
1. 1st Reading: Amend City Code Chapters 34.03, 95.98, 117, and 155 – Cannabis
Regulations
D. Public Safety
E. Administration
1. Closed Meeting Pursuant to Minn. Stat. 13D.05 subd. 3(c) to Develop Offers for
Purchase of Real Property located at 1292 North Frontage Rd
2. Resolution: Approving Purchase Agreement for Property for a Water Treatment Plant
from Jocor Holdings LLC
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Monday, December 2, 2024 7:00 p.m.
Hastings, Minnesota
City Council Workshop
November 4, 2024
The City Council of the City of Hastings, Minnesota met in a workshop on Monday, November
4, 2024, at 7:20 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th Street,
Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Fox, Haus, Lawrence, Leifeld,
Pemble, and Vihrachoff
Members Absent: None
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
Community Development Director John Hinzman
City Attorney Kori Land
Mayor Fasbender called the workshop to order at 7:20 pm and welcomed councilmembers for
follow up on the Cannabis zoning and registration ordinance.
Land indicated the intent for the workshop is to review and affirm zoning and discuss
registration and events.
Zoning Codes
Land redirected the conversation to address zoning in terms of uses rather than businesses.
Lower potency, cannabis retail, manufacturing/processing, and cultivation are the noted uses.
Land then reviewed the types of use and eligible zone in the city and the permit required.
Low potency edibles have a current buffer of 500’ between uses with no other buffers. The
eligible zoning districts are C3, C4, and DC.
Cannabis Uses/Retail Sales is proposed as follows: 1000’ between businesses; 500’ from
schools, 1000’commercial day cares, 500’ from residential treatment facilities, 500’ from
residential, 1000’ from attraction in a park where minors congregate. Possible exemption for
Downtown Core.
Council discussion on buffer distance options and impact on the city. Discussion about putting
greater buffers to start and see how things develop with an option to reduce buffers in future if
desired. Discussion about whether buffers discourage businesses from opening in the city. If a
business came in asking for a variance in the buffer, that can be considered by Council.
Discussion about reducing all buffers to 500’ and retaining the 1000’ between businesses.
Further discussion about retaining the larger buffer but allow the buffer to end at a highway.
Cannabis manufacturing, cultivation and warehousing can be in zoning districts I1 and I2 with
buffer zones as follows: 1000’ from schools, 500’ residential, 500” from parks. There was
general agreement among councilmembers.
Cultivation requires 20 contiguous acres and must be 1000’ from any other cultivator and is
restricted to zones A, I1, and I2. No other buffers.
Registration Ordinance
Current licensees will retain licenses and renew until OCM actually gets to licensing. Then the
city will need to register the businesses. Some transition effort will need to be in place to assist
current businesses.
Registration process for businesses will be as follows: business applies to the Office of Cannabis
Management (OCM), OCM vets the application and grants preliminary approval, OCM sends
zoning confirmation request to the City, the City responds within 30 days (compliant/non-
compliant), and if compliant, OCM issues the license, and the business must register with the
City.
The city can charge ½ of license fee charged by the State (or up to $500/$1000). It is
recommended to add a provision that the registrant be current on payment of all other City fees
and charges. Discussion on fees and consensus about charging the top of what is allowed.
The City can limit retail, mezzo- and microbusiness retail operations to 1 per 12,500 in
population. The ability to limit does not extend to lower-potency edible retailers or medical
cannabis businesses.
The Event Organizer requires a permit and city council approval. The recommendation is that
events are not allowed on public property, with a security plan approved by the Police Chief, the
number of days of the event defined, pay an escrow fee for unforeseen expenses incurred by the
City, and address on-site consumption intent. Discussion on the distinction between a Cannabis
Event Organizer versus a special event typically supported by the City. Discussion about vendor
interest in participating in special events as currently defined by the City.
Land recommended adding an Odor ordinance amendment to the public nuisance section of city
code. This could be part of a registration application for certain cannabis uses and would provide
for administrative penalties or criminal action for noncompliance.
The next steps include first and second readings at upcoming council meetings.
ADJOURNMENT
Workshop adjourned at 8:40 p.m.
____________________________ ______________________________
Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk
City Council packets can be viewed in searchable format on the City’s website at
http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes
Hastings, Minnesota
City Council Meeting Minutes
November 4, 2024
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, November 4, 2024
at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Fox, Haus, Lawrence, Leifeld, Pemble, and
Vihrachoff
Members Absent: None
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
City Attorney Kori Land
Community Development Director John Hinzman
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council
regular meeting on October 21, 2024.
Minutes were approved as presented.
Council Items to be Considered
The Finance Committee of Council requested to add Community Investment Fund action to the agenda.
Councilmember Fox motioned to approve the addition, seconded by Councilmember Vihrachoff.
7 Ayes, 0 Nays.
Consent Agenda
Councilmember Lawrence motioned to approve the Consent Agenda, seconded by Councilmember
Leifeld.
7 Ayes, 0 Nays.
1. Pay Bills as Audited
2. Approve Financing Plan for HEDRA Purchase of 400 Vermillion Street
3. Resolution No. 10-17-24: Accept Donation to the Parks and Recreation Department for the
Community Halloween Party
4. Resolution No. 10-18-24: Accept Donation to the Police Department for the Shop with a Cop
Program
5. Accept Proposal and Authorize Work – Relocation Services for 1292 North Frontage Road
6. 2024 Budget Amendment – Employee Recognition Lunch
7. Authorize Signature: Declaration for State Bond Proceed Restrictions (City Hall Project)
8. Quarterly Financial Reports
9. Resolution No. 10-19-24: Declaring Insurance Liability Coverage
PFAS Update
Wietecha presented the PFAS Update with no significant changes since the last report. At the last
meeting, Council approved changing the sequence of the construction schedule, proceeding with the central
Water Treatment Plant (#2) in 2025 and delay the Eastern Water Treatment Plant (#1) until 2026. Council
also approved implementing a two-step water rate increase in 2025 with a 10% increase effective January 1,
City Council packets can be viewed in searchable format on the City’s website at
http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes
2025 and a second increase to be determined effective July 1, 2025. Communication about the proposed water
rate increase has gone out to residents via a postcard and insert in the utility bills.
No Council discussion.
Addition: Community Investment Funds
Wietecha reviewed the Community Investment Fund purpose. Wietecha presented the discussion
from Finance Committee about two recent project proposals. The first proposal is to do a mural on the side of
the Quarry Taphouse building, replacing the one that was lost due to exterior work on the building. The
proposal seeks funds for mural planning at $3,000.00. The second project proposal was from the Hastings
Rotary Club with a building to house the tri-shaws that support its Cycling Without Age program. The
Finance Committee recommended $6,000.00 of funding to the project.
Council expressed appreciation for the organizations and their proposals.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Haus.
7 Ayes, 0 Nays.
Announcements
• City Offices will be closed Monday, November 11, in observation of Veterans Day.
• There are several events in town in recognition of Veterans Day:
o River Valley Band hosts its annual Veterans Day concert in the Middle School Auditorium on
Sunday, November 10. Please bring a non-perishable food item to benefit Hastings Family
Service.
o Following the concert, VFW Post 1210 will hold an open house at its new location on Glendale
Road.
o The annual VFW / Legion Veterans Day Dinner is Monday, November 11, at the Second Street
Depot.
Meetings
• Great River Rail Commission Meeting on Thursday, November 7, 2024 at 9:30 a.m.
• City Council Special Meeting on Tuesday, November 12, 2024 at 4:30 p.m.
• Planning Commission Meeting on Tuesday, November 12, 2024 at 7:00 p.m. – Cancelled
• Arts & Culture Commission Meeting on Wednesday, November 13, 2024 at 6:00 p.m.
• Administration Committee Meeting on Wednesday, November 13, 2024 at 7:00 p.m.
• HEDRA Meeting on Thursday, November 14, 2024 at 6:00 p.m.
• City Council Workshop on Monday, November 18, 2024 at 5:30 p.m.
• City Council Meeting on Monday, November 18, 2024 at 7:00 p.m.
Councilmember Pemble motioned to adjourn the meeting at 7:12 PM, seconded by Councilmember
Lawrence. Ayes 7; Nays 0.
___________________________ ____________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
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Hastings, Minnesota
City Council Minutes
November 12, 2024
The City Council of the City of Hastings, Minnesota met in a special meeting on Tuesday, November
12, 2024 at 4:30 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th Street, Hastings,
Minnesota.
Members Present: Councilmembers Fox, Leifeld, Pemble and Vihrachoff.
Members Absent: Mayor Fasbender and Councilmembers Haus and Lawrence.
Staff Present: City Administrator Dan Wietecha, Assistant City Administrator Kelly Murtaugh
Resolution 11-04-24 Resolution to Canvass the Results of the November 5, 2024 General Election
Murtaugh provided background information on the recent election, noting that it was very busy
with an 83.9% turnout. Murtaugh provided data about the number of voters on election day (8154) and
via absentee voting (5443). She expressed appreciation for the many staff and election judges who helped
execute a successful election process.
Moved by Councilmember Leifeld, seconded by Councilmember Pemble to approve the
resolution as presented. 4 Ayes, 0 Nays.
Adjourn
Motion to adjourn the meeting was made by Councilmember Leifeld, seconded by Councilmember
Pemble. Meeting was adjourned at 4:57 p.m.
____________________________ ______________________________
Mary Fasbender, Mayor Kelly Murtaugh, City Clerk
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang - Accountant
Date: 11/14/2024
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of Oct. 2024 automatic payments.
Council review of weekly routine disbursements issued 11/12/2024.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued
11/19/2024.
Background Information:
Disbursements for routine items are made weekly. Disbursements for capital purchases and employee
reimbursements are made twice a month, subsequent to Council approval.
Financial Impact:
Oct 2024 Auto Payments $ 318,765.34
Disbursement checks, ACH issued on 11/12/2024 $ 386,484.61
Disbursement checks, ACH to be issued on 11/19/2024 $ 1,052,345.91
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Council Reports
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Aquatics AQUATIC CENTE CENTURY LINK TELEPHONE $127.00
Arena ARENA CENTURY LINK TELEPHONE $3.26
Fire FIRE & AMBULA CENTURY LINK TELEPHONE $83.18
Council GENERAL CENTURY LINK TELEPHONE $1.64
Admin GENERAL CENTURY LINK TELEPHONE $128.64
City Clerk GENERAL CENTURY LINK TELEPHONE $4.92
Finance & Accountin GENERAL CENTURY LINK TELEPHONE $13.12
General Facility Mai GENERAL CENTURY LINK TELEPHONE $117.16
COMMUNITY DEVE GENERAL CENTURY LINK TELEPHONE $4.92
IT-OPERATIONS GENERAL CENTURY LINK TELEPHONE $4.92
Police GENERAL CENTURY LINK TELEPHONE $84.82
Building Inspections GENERAL CENTURY LINK TELEPHONE $8.20
Code Enforcement GENERAL CENTURY LINK TELEPHONE $1.64
PW - Engineering GENERAL CENTURY LINK TELEPHONE $8.20
PW - Streets GENERAL CENTURY LINK TELEPHONE $122.08
Pioneer Room HERITAGE PRES CENTURY LINK TELEPHONE $1.64
Parks Operations PARKS CENTURY LINK TELEPHONE $187.22
Water WATER CENTURY LINK TELEPHONE $120.44
Vendor Total:$1,023.00
Police GENERAL ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $426.37
Police GENERAL ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $409.04
Police GENERAL ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $398.71
Police GENERAL ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $520.24
Police GENERAL ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $541.29
Police GENERAL ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $398.71
Parks Operations PARKS ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $676.08
Parks Operations PARKS ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $676.08
Parks Operations PARKS ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $663.55
VEHICLE AND EQU VEHICLE AND E ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $963.49
VEHICLE AND EQU VEHICLE AND E ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $873.55
VEHICLE AND EQU VEHICLE AND E ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $872.97
VEHICLE AND EQU VEHICLE AND E ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $873.69
VEHICLE AND EQU VEHICLE AND E ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $831.04
VEHICLE AND EQU VEHICLE AND E ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $831.04
Wastewater WASTEWATER ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $676.08
Water WATER ENTERPRISE FM TRUST 19 FORD EDGE-PD 2367V4 CAR LEAS $667.67
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Vendor Total:$11,299.60
Fire FIRE & AMBULA TOSHIBA AMERICA BUSINESS SO DUPLICATING & COPYING SUPPLIES $163.66
Admin GENERAL TOSHIBA AMERICA BUSINESS SO DUPLICATING & COPYING SUPPLIES $380.71
Police GENERAL TOSHIBA AMERICA BUSINESS SO DUPLICATING & COPYING SUPPLIES $266.99
PW - Engineering GENERAL TOSHIBA AMERICA BUSINESS SO DUPLICATING & COPYING SUPPLIES $68.62
PW - Streets GENERAL TOSHIBA AMERICA BUSINESS SO DUPLICATING & COPYING SUPPLIES $68.61
Parks Operations PARKS TOSHIBA AMERICA BUSINESS SO DUPLICATING & COPYING SUPPLIES $148.52
Wastewater WASTEWATER TOSHIBA AMERICA BUSINESS SO DUPLICATING & COPYING SUPPLIES $68.62
Water WATER TOSHIBA AMERICA BUSINESS SO DUPLICATING & COPYING SUPPLIES $68.62
Vendor Total:$1,234.35
Arena ARENA WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $5.50
Cable TV CABLE TV WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $0.41
Fire FIRE & AMBULA WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $11.00
Ambulance FIRE & AMBULA WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $46.75
City Clerk GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $10.59
Admin GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $8.25
Finance & Accountin GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $16.50
COMMUNITY DEVE GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $2.75
IT-OPERATIONS GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $8.25
Building Inspections GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $16.50
Code Enforcement GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $2.75
PW - Engineering GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $6.46
PW - Streets GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $12.65
Police GENERAL WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $99.00
HEDRA HEDRA WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $4.81
Historic Preservation HERITAGE PRES WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $0.69
Hydro HYDRO ELECTRI WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $1.24
Parks Operations PARKS WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $27.50
Storm STORM WATER WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $8.53
Wastewater WASTEWATER WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $9.76
Water WATER WEX HEALTH, INC.EMPLOYER PAID-HEALTH INSURANCE $13.61
Vendor Total:$313.50
Non-Departmental GENERAL METROPOLITAN LIFE INSURANCE Remittance $213.75
Non-Departmental GENERAL METROPOLITAN LIFE INSURANCE Remittance $5,900.92
Vendor Total:$6,114.67
Non-Departmental GENERAL STANDARD INSURANCE COMPAN Remittance $6.00
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Non-Departmental GENERAL STANDARD INSURANCE COMPAN Remittance $1,807.92
Non-Departmental GENERAL STANDARD INSURANCE COMPAN Remittance $848.45
Vendor Total:$2,662.37
Aquatics AQUATIC CENTE CENTERPOINT ENERGY HEAT $779.34
Arena ARENA CENTERPOINT ENERGY HEAT $756.55
Fire FIRE & AMBULA CENTERPOINT ENERGY HEAT $122.74
City Hall Building GENERAL CENTERPOINT ENERGY HEAT $15.00
PW Cold Storage Bu GENERAL CENTERPOINT ENERGY HEAT $74.10
Parks Capital GENERAL CENTERPOINT ENERGY HEAT $32.05
Police Building GENERAL CENTERPOINT ENERGY HEAT $17.10
LeDuc LEDUC HISTORI CENTERPOINT ENERGY HEAT $77.90
Parks Operations PARKS CENTERPOINT ENERGY HEAT $69.79
Parks Operations PARKS CENTERPOINT ENERGY HEAT $81.69
Wastewater WASTEWATER CENTERPOINT ENERGY HEAT $89.32
Water WATER CENTERPOINT ENERGY HEAT $136.99
Treatment Plant WATER CENTERPOINT ENERGY HEAT $29.64
Vendor Total:$2,282.21
Fire FIRE & AMBULA VERIZON WIRELESS - VSAT TELEPHONE $500.14
Admin GENERAL VERIZON WIRELESS - VSAT TELEPHONE $40.01
City Clerk GENERAL VERIZON WIRELESS - VSAT TELEPHONE $40.01
IT-OPERATIONS GENERAL VERIZON WIRELESS - VSAT TELEPHONE $40.01
Building Inspections GENERAL VERIZON WIRELESS - VSAT TELEPHONE $193.07
Police GENERAL VERIZON WIRELESS - VSAT TELEPHONE $802.66
PW - Engineering GENERAL VERIZON WIRELESS - VSAT TELEPHONE $40.04
Parks Operations PARKS VERIZON WIRELESS - VSAT TELEPHONE $75.02
Water WATER VERIZON WIRELESS - VSAT TELEPHONE $300.08
Water WATER VERIZON WIRELESS - VSAT TELEPHONE $35.01
Fire FIRE & AMBULA VERIZON WIRELESS - VSAT TELEPHONE $99.24
COMMUNITY DEVE GENERAL VERIZON WIRELESS - VSAT TELEPHONE $44.90
Police GENERAL VERIZON WIRELESS - VSAT TELEPHONE $1,950.74
Building Inspections GENERAL VERIZON WIRELESS - VSAT TELEPHONE $121.48
PW - Streets GENERAL VERIZON WIRELESS - VSAT TELEPHONE $33.08
HEDRA HEDRA VERIZON WIRELESS - VSAT TELEPHONE $41.38
Parks Operations PARKS VERIZON WIRELESS - VSAT TELEPHONE $74.47
Water WATER VERIZON WIRELESS - VSAT TELEPHONE $82.79
Vendor Total:$4,514.13
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Aquatics AQUATIC CENTE XCEL ENERGY 51-6960211-5 HUBERS AR $279.79
Arena ARENA XCEL ENERGY 51-6960211-5 HUBERS AR $10,422.22
Fire FIRE & AMBULA XCEL ENERGY 51-6960211-5 HUBERS AR $1,209.21
Non-Departmental GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $5,499.67
Non-Departmental GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $1,975.31
Non-Departmental GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR ($14,270.54)
Non-Departmental GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR ($1,651.35)
Non-Departmental GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR ($7,404.64)
Police Building GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $4,125.07
Police Building GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $3,448.49
City Hall Building GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $1,775.48
PW Cold Storage Bu GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $117.49
Police GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $1.71
Police GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $54.84
PW - Engineering GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $237.19
PW - Streets GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $1,185.95
PW - Street Lights GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $76.18
PW - Street Lights GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $420.00
PW - Street Lights GENERAL XCEL ENERGY 51-6960211-5 HUBERS AR $14,654.96
HEDRA HEDRA XCEL ENERGY 51-6960211-5 HUBERS AR $125.73
Hydro HYDRO ELECTRI XCEL ENERGY 51-6960211-5 HUBERS AR $5,429.33
LeDuc LEDUC HISTORI XCEL ENERGY 51-6960211-5 HUBERS AR $534.31
Parks Operations PARKS XCEL ENERGY 51-6960211-5 HUBERS AR $206.10
Parks Operations PARKS XCEL ENERGY 51-6960211-5 HUBERS AR $1,357.72
Parks Operations PARKS XCEL ENERGY 51-6960211-5 HUBERS AR $220.76
Parks Operations PARKS XCEL ENERGY 51-6960211-5 HUBERS AR $931.02
Wastewater WASTEWATER XCEL ENERGY 51-6960211-5 HUBERS AR $1,285.28
Water WATER XCEL ENERGY 51-6960211-5 HUBERS AR $948.75
Water WATER XCEL ENERGY 51-6960211-5 HUBERS AR $14,209.15
Water WATER XCEL ENERGY 51-6960211-5 HUBERS AR $11,406.99
Water WATER XCEL ENERGY 51-6960211-5 HUBERS AR $14,515.99
Treatment Plant WATER XCEL ENERGY 51-6960211-5 HUBERS AR $4,601.48
Treatment Plant WATER XCEL ENERGY 51-6960211-5 HUBERS AR $4,846.62
Treatment Plant WATER XCEL ENERGY 51-6960211-5 HUBERS AR $4,711.77
Vendor Total:$87,488.03
Non-Departmental GENERAL MEDICA/CAPSTONE Remittance $3,899.46
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Non-Departmental GENERAL MEDICA/CAPSTONE Remittance $28,803.28
Non-Departmental GENERAL MEDICA/CAPSTONE Remittance $140,662.84
Non-Departmental RETIREE HEALT MEDICA/CAPSTONE Remittance $28,467.90
Vendor Total:$201,833.48
GRAND TOTAL:$318,765.34
APPROVED BY:
APPROVED BY:
APPROVED BY:
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Parks Operations PARKS CINTAS CORPORATION NO 2 REPAIRS & MAINTENANCE - BLDG $127.45
Vendor Total:$127.45
Parks Operations PARKS CENTRAL TURF & IRRIGATION SU REPAIRS & MAINTENANCE - IRRIGAT $1,030.97
Vendor Total:$1,030.97
Treatment Plant WATER IN CONTROL, INC.REPAIRS & MAINTENANCE - EQUIP $364.00
Vendor Total:$364.00
Fire FIRE & AMBULA LOGIS/LOCAL GOVERNMENT INF DP/COMPUTER/INTERNET FEES $1,030.00
IT-OPERATIONS GENERAL LOGIS/LOCAL GOVERNMENT INF DP/COMPUTER/INTERNET FEES $415.00
Police GENERAL LOGIS/LOCAL GOVERNMENT INF DP/COMPUTER/INTERNET FEES $10,413.00
Vendor Total:$11,858.00
PW - Streets GENERAL TRI-STATE BOBCAT, INC.EQUIPMENT $23,682.62
Vendor Total:$23,682.62
Parks Operations PARKS REINDERS INC.CHEMICALS & CHEMICAL PRODUCTS $3,900.00
Vendor Total:$3,900.00
PW - Streets GENERAL HYDRAULIC COMPONENT REPAIR REPAIRS & MAINTENANCE - EQUIP $446.77
PW - Streets GENERAL HYDRAULIC COMPONENT REPAIR REPAIRS & MAINTENANCE - EQUIP $868.61
Vendor Total:$1,315.38
Hydro HYDRO ELECTRI AVANT ENERGY, INC.EXPERT & CONSULTANT $220.00
Vendor Total:$220.00
Hydro HYDRO ELECTRI PREMIUM WATERS, INC.OTHER GENERAL SUPPLIES $14.00
Vendor Total:$14.00
Non-Departmental GENERAL WI SUPPORT COLLECTIONS TRUS Remittance $92.31
Vendor Total:$92.31
Parks Operations PARKS TENNIS SANITATION, L.L.C.REPAIRS & MAINTENANCE - STRUCTU $1,434.42
Vendor Total:$1,434.42
Arena ARENA SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $34.79
Cable TV CABLE TV SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $2.69
Fire FIRE & AMBULA SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $76.55
Ambulance FIRE & AMBULA SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $315.30
Admin GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $22.10
General Facility Mai GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $14.30
IT-OPERATIONS GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $55.76
Finance & Accountin GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $70.06
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
COMMUNITY DEVE GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $20.95
Building Inspections GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $84.27
Code Enforcement GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $15.69
Communications GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $15.24
PW - Engineering GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $46.07
City Clerk GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $51.20
PW - Streets GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $76.76
Police GENERAL SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $708.47
HEDRA HEDRA SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $34.72
Historic Preservation HERITAGE PRES SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $5.16
Hydro HYDRO ELECTRI SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $6.82
LeDuc LEDUC HISTORI SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $2.52
Parks Operations PARKS SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $169.54
Storm STORM WATER SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $58.27
Wastewater WASTEWATER SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $55.69
Water WATER SUN LIFE ASSUANCE COMPANY O LTD PREMIUM $78.21
Vendor Total:$2,021.13
PW - Streets GENERAL NAPA AUTO PARTS REPAIRS & MAINTENANCE - EQUIP $6.99
PW - Streets GENERAL NAPA AUTO PARTS REPAIRS & MAINTENANCE - EQUIP $4.07
PW - Streets GENERAL NAPA AUTO PARTS REPAIRS & MAINTENANCE - EQUIP $49.35
PW - Streets GENERAL NAPA AUTO PARTS REPAIRS & MAINTENANCE - EQUIP $140.51
PW - Streets GENERAL NAPA AUTO PARTS REPAIRS & MAINTENANCE - EQUIP ($18.00)
Storm STORM WATER NAPA AUTO PARTS REPAIRS & MAINTENANCE - EQUIP $8.81
Vendor Total:$191.73
Parks Operations PARKS INDEPENDENT BLACK DIRT & SO LANDSCAPING MATERIALS $360.00
Vendor Total:$360.00
City Hall Building GENERAL BDI V BELT SHEEVE AND BUSHING $151.27
Vendor Total:$151.27
Fire FIRE & AMBULA RYAN & GORDYS GLASS INC REPAIRS & MAINTENANCE - VEHICLE $95.00
Vendor Total:$95.00
Police GENERAL GUARDIAN SUPPLY LLC CLOTHING & BADGES $469.98
Police GENERAL GUARDIAN SUPPLY LLC CLOTHING & BADGES $482.87
Vendor Total:$952.85
Non-Departmental WATER BENJAMIN BANITT AR-METERED SALES $8.64
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Vendor Total:$8.64
Building Inspections GENERAL KLETSCHKA INSPECTIONS, LLC EXPERT & CONSULTANT $1,804.80
Vendor Total:$1,804.80
COMMUNITY DEVE ESCROW - DEV/LEVANDER GILLEN & MILLER PA RETAINER $66.25
PW - Engineering ESCROW - DEV/LEVANDER GILLEN & MILLER PA RETAINER $80.00
COMMUNITY DEVE ESCROW - DEV/LEVANDER GILLEN & MILLER PA RETAINER $44.00
Legal GENERAL LEVANDER GILLEN & MILLER PA RETAINER $2,250.00
Legal GENERAL LEVANDER GILLEN & MILLER PA RETAINER $2,436.00
Legal GENERAL LEVANDER GILLEN & MILLER PA RETAINER $432.00
Hydro HYDRO ELECTRI LEVANDER GILLEN & MILLER PA RETAINER $500.00
Storm STORM WATER LEVANDER GILLEN & MILLER PA RETAINER $736.00
Non-Departmental TIF 9 BLOCK 28 LEVANDER GILLEN & MILLER PA RETAINER $1,676.00
Water WATER LEVANDER GILLEN & MILLER PA RETAINER $50.25
Water WATER LEVANDER GILLEN & MILLER PA RETAINER $400.00
Vendor Total:$8,670.50
Police GENERAL HOLIDAY STATIONSTORES LLC REPAIRS & MAINTENANCE - VEHICLE $68.00
Vendor Total:$68.00
Police GENERAL T-MOBILE USA INC.EXPERT & CONSULTANT $100.00
Vendor Total:$100.00
Fire FIRE & AMBULA DAKOTA 911 DISPATCH CONTRACT-COUNTY $15,970.00
Police GENERAL DAKOTA 911 DISPATCH CONTRACT-COUNTY $31,941.00
Vendor Total:$47,911.00
PW - Streets GENERAL BIG BELLY SOLAR LLC UPKEEP OF GROUNDS $164.60
Vendor Total:$164.60
Ambulance FIRE & AMBULA ALEX AIR APPARATUS 2 REPAIRS & MAINTENANCE - EQUIP $1,138.73
Vendor Total:$1,138.73
PW - Streets GENERAL KNOLL OUTDOOR SERVICES LLC MAINTENANCE CONTRACTS $1,275.00
Vendor Total:$1,275.00
Fire FIRE & AMBULA CNH ARCHITECTS, LTD EXPERT & CONSULTANT $1,681.43
Vendor Total:$1,681.43
COMMUNITY DEVE GENERAL CODAMETRICS INC.EXPERT & CONSULTANT $6,350.00
Vendor Total:$6,350.00
Non-Departmental PARKS MANSFIELD SERVICE PARTNERS, FUEL INVENTORY $2,366.18
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Vendor Total:$2,366.18
Water WATER MIDSTATES VALUATION, LLC EXPERT & CONSULTANT $6,500.00
Vendor Total:$6,500.00
Parks Operations PARKS BARR ENGINEERING CO.EXPERT & CONSULTANT $3,661.71
Vendor Total:$3,661.71
PW - Streets CAPITAL PROJE BRAUN INTERTEC CONTRACTORS & CONSTRUCTION $1,625.00
Vendor Total:$1,625.00
Parks Operations PARKS CEMSTONE PRODUCTS CO.CONSTRUCTION MATERIALS $97.60
Vendor Total:$97.60
Building Inspections GENERAL BRS PERMITTING REFUND BP2024-789 SOLAR PERMIT $75.00
Building Inspections GENERAL BRS PERMITTING REFUND BP2024-789 SOLAR PERMIT $168.75
Vendor Total:$243.75
PW Building GENERAL ECOLAB PEST ELIMINATION DIVIS PUBLIC WORKS PEST CONTROL $125.00
Vendor Total:$125.00
Fire Building GENERAL ELECTRO WATCHMAN, INC SMOKE DETECTOR TROUBLE $407.75
Vendor Total:$407.75
Water WATER GOPHER STATE ONE-CALL INC REPAIRS & MAINT-LINES $328.05
Vendor Total:$328.05
Storm STORM WATER GRAPHIC DESIGN UTILITY BILLING STATEMENTS/POST $304.33
Wastewater WASTEWATER GRAPHIC DESIGN UTILITY BILLING STATEMENTS/POST $304.33
Water WATER GRAPHIC DESIGN UTILITY BILLING STATEMENTS/POST $304.34
Water WATER GRAPHIC DESIGN UTILITY BILLING STATEMENTS/POST $1,748.93
Vendor Total:$2,661.93
Cable Access CABLE ACCESS HASTINGS ACCESS CORP.MISCELLANEOUS $64,783.80
Vendor Total:$64,783.80
Non-Departmental GENERAL HASTINGS AREA CHAMBER/COM LODGING TAX PAYABLE $13,164.00
Vendor Total:$13,164.00
Fire FIRE & AMBULA INTERSTATE POWER SYSTEMS REPAIRS & MAINTENANCE - VEHICLE $720.94
Vendor Total:$720.94
Fire FIRE & AMBULA MACQUEEN EQUIPMENT, INC.REPAIRS & MAINTENANCE - VEHICLE $3,756.31
Vendor Total:$3,756.31
VIII-01
Council Report
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT
Non-Departmental GENERAL METROPOLITAN COUNCIL ENVIR SAC OCTOBER 2024 $17,221.05
Wastewater WASTEWATER METROPOLITAN COUNCIL ENVIR METRO WASTE CONTROL COMMISSION $148,748.96
Vendor Total:$165,970.01
Parks Operations PARKS NINE EAGLES PROMOTIONS CLOTHING & BADGES $317.00
Vendor Total:$317.00
Police GENERAL PJS AND ASSOCIATES INCORPOR MEDICAL & FIRST AID $46.14
Vendor Total:$46.14
Ambulance FIRE & AMBULA LINDE GAS & EQUIPMENT INC.CHEMICALS & CHEMICAL PRODUCTS $114.15
Vendor Total:$114.15
Parks Operations PARKS PRECISION LANDSCAPING & CON LANDSCAPING MATERIALS $195.00
Vendor Total:$195.00
Arena ARENA SYSCO, MINNESOTA COST OF MERCHANDISE $1,454.28
Vendor Total:$1,454.28
General Facility Mai GENERAL TERRYS HARDWARE, INC.PIPE PLUG AND AIR CHUCK $12.48
General Facility Mai GENERAL TERRYS HARDWARE, INC.PIPE $2.29
Vendor Total:$14.77
PW - Streets GENERAL XCEL ENERGY STREET OPENING PERMITS $130.00
Vendor Total:$130.00
Non-Departmental WATER DORNIDEN JOHN/MARY CUSTOMER OVERPAYMENT $46.27
Non-Departmental WATER RIVERTOWN PROPERTIES LLC CUSTOMER OVERPAYMENT $18.81
Non-Departmental WATER SEMINGTON MARY JEAN CUSTOMER OVERPAYMENT $39.49
Non-Departmental WATER COMMUNITY HOME BUILDERS LL CUSTOMER OVERPAYMENT $500.00
Non-Departmental WATER HARDING DAVID CUSTOMER OVERPAYMENT $112.84
Non-Departmental WATER LOCKNER TINA CUSTOMER OVERPAYMENT $100.00
Vendor Total:$817.41
GRAND TOTAL:$386,484.61
APPROVED BY:
APPROVED BY:
APPROVED BY:
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: November 18th, 2024
Item: Donation to Hastings Police Department
Council Action Requested:
Accept donation of $500 from Walmart to support our ‘Shop With A Cop’ Event
Background Information:
Walmart of Hastings is interested in donating $500 to Hastings Police Department to assist with our Shop
With a Cop Event. This event allows underprivileged youth in our community the opportunity to shop
with an officer and buy Christmas presents for family and loved ones.
Financial Impact:
Positive
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Resolution
• Thank You
Adopted this 18th day of November 2024,
_______________________________
Mary Fasbender, Mayor
Attest:
_____________________
Kelly Murtaugh, City Clerk
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ___________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE DEPARTMENT
WHEREAS, Hastings Walmart have donated to the Hastings Police Department
$500; and
WHEREAS, this donation will be used to support the ‘Shop With A Cop’ event
hosted by Hastings Police; and
WHEREAS, the City Council is appreciative of the donation and commends
Hastings Walmart for her civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1.That the donation is accepted and acknowledged with gratitude; and
2.That the donation will be appropriated for the Hastings Police Department as
designated; and
3.That the donation will assist the Hastings Police Departments community
outreach efforts.
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Dan Wietecha, City Administrator
Date: November 18, 2024
Item: Accept In-Kind Donation to Arts & Culture Commission
Council Action Requested:
Council is asked to accept an in-kind donation valued at $250 from Wendy Shilts-Johnson,
owner of The Studio Downtown (205 2nd St E), $100 from River Valley Band, and $25 from SC
Toys.
Background Information:
Wendy Shilts-Johnson (owner) graciously offered to donate the use of her business space, The
Studio Downtown (205 2nd St E) for the Art & Culture Commission's Creative Convergence
event on October 16th, 2024. The donation allowed the Commission to host the Creative
Convergence at no cost. This in-kind donation is valued at $250.
River Valley Band donated refreshments for the Creative Convergence, valued at $100.
SC Toys donated door prizes for the Creative Convergence, valued at $25.
Financial Impact:
N/A
Committee Discussion:
Arts & Culture Commission
Attachments:
Resolution
VIII-03
City of Hastings
Dakota County, Minnesota
Resolution # _______
A Resolution Expressing Appreciation and Accepting In-Kind Donation
to the City of Hastings Arts & Culture Commission
WHEREAS, Wendy Shilts-Johnson (The Studio) has presented the City of Hastings Arts &
Culture Commission an in-kind donation valued at $250.00 to host the Creative Convergence
event on October 16, 2024; and
WHEREAS, the River Valley Band has presented the City of Hastings Arts & Culture
Commission an in-kind donation valued at $100.00 for refreshments at the Creative
Convergence; and
WHEREAS, SC Toys has presented the City of Hastings Arts & Culture Commission an in-kind
donation valued at $25.00 for door prizes at the Creative Convergence; and
WHEREAS, the City Council is appreciative of the donation and commends Ms. Shilts-Johnson
(The Studio), River Valley Band, and SC Toys for these civic efforts,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Hastings, Minnesota:
1. That the donations are accepted and acknowledged with gratitude.
2. That the donations will be used for the Creative Convergence event.
Adopted this 18th day of November, 2024.
__________________________________
Mary Fasbender, Mayor
Attest:
__________________________________
Kelly Murtaugh, City Clerk
VIII-03
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Jessica Urbach, Parks and Recreation Office Assistant
Date: November 18, 2024
Item: Accept Donation to the Parks and Recreation Department
Council Action Requested: Council is asked to accept a donation in the amount of $1,400.00,
made to the Parks and Recreation Department and has designated that this donation be used for a
Memorial Bench in a City Park or on a City Trail.
Background Information: Nancy Gessner has made this donation to be used for a Memorial
Bench in a City Park or on a City Trail.
Financial Impact:
Increase the Parks and Recreation donation account by $1,400.00
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-04
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A
DONATION TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, Nancy Gessner has presented to the City Parks & Recreation Department a
donation of $1,400.00 and has designated that this donation be used for a Memorial Bench in a
City Park or on a City Trail; and
WHEREAS, the City Council is appreciative of the donation and commends Ms. Gessner
for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings,
Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for a memorial bench to be placed in a City Park
or on a City Trail; and
Adopted this 18th day of November, 2024.
__________________________
Mary D. Fasbender, Mayor
ATTEST:
__________________________
Kelly Murtaugh, City Clerk
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: November 18, 2024
Item: Sculpture Lease for Riverwalk
Council Action Requested:
Authorize signature of Artwork Leasing Agreement with Dale Lewis, subject to City Attorney review and
minor revisions.
Background Information:
The Arts & Culture Commission would like to extend the prior lease of four sculptures from local artist
Dale Lewis for the next 12 months at $1,000 each. The sculptures would be located on the sculpture
platforms along the riverwalk trail or other suitable location.
Financial Impact:
$4,000 – budgeted
Committee Discussion:
Arts & Culture Commission recommendation
Attachments:
Artwork Leasing Agreement
VIII-05
1
ARTWORK LEASING AGREEMENT
This Artwork Leasing Agreement (“Agreement”) is made and entered into this ___ day
of_________, 20___, (“Effective Date”), by and between Dale Lewis (“Lessor”) and the City of
Hastings, MN (“Lessee”).
WHEREAS, the Lessor would like to display and the Lessee would like to accept the
display of certain sculpture artwork on property owned by the Lessee subject to the terms of this
Agreement.
Now therefore, the parties hereby agree as follows:
AGREEMENT
1. Lease of Artwork and Term: Subject to the terms and conditions set forth below, the Lessor
rents to the Lessee the following Sculptures:
a. Otto, the River Otter (purchase price $16,000);
b. Rock Bass II (purchase price $10,000);
c. Bicycle Tree I (purchase price $12,000);
d. Leatherback (purchase price $22,000)
(“Sculptures” or “Artwork”) for the term of one year commencing from the Effective Date of this
Agreement.
2. Rental Rate: The Lessee shall pay a lump sum of $1,000 per sculpture for the term of the
Agreement, due and payable following installation.
3. Location, Installation and De-installation: The location of the Sculptures shall be on Lessee’s
property (“City Property”), at a mutually agreed upon location. Installation will be arranged
between the Lessor and the Lessee depending upon the weather, availability of Hastings
equipment, park access and personal, and dates the Sculptures are available. At least 14 days'
notice is required. No fixtures or other materials needed for the installation and ongoing display
of the Sculptures may be affixed to City Property without prior consent of the Lessee. Should any
Artwork be required to be moved after installation Lessee will notify the Lessor of the intent to
relocate the sculpture and the Lessor must give permission before Artwork is relocated.
4. Ownership and Use: The Artwork shall at all times be the sole and exclusive property of the
Lessor. The Lessee shall have no rights or property interest in the Artwork, except for the right to
display the Artwork in its intended manner and to market the Artwork to encourage visitors to
enjoy the Hastings Riverwalk. The Lessee recognizes the copyright interests of the Lessor in the
Artwork and shall not infringe or allow an infringement of the Lessor’s rights.
VIII-05
2
5. Repairs, Maintenance. Should a sculpture require a repair the Lessee will immediately notify
the Lessor. No repairs shall be done without expressed approval of the Lessor. The Lessor shall
have the right to perform any maintenance to the Sculptures, but may not intentionally alter,
modify, or make changes to any City Property without the prior approval of the Lessee.
Maintenance of the site around the Artwork will be subject to the Lessee’s or 3rd party agreements
created at the time of installation..
6. Insurance. The Lessee shall carry insurance to cover the replacement cost of the Artwork in
regard to theft, natural disasters, and liability and will pay over the proceeds of such insurance to
the Lessor upon receipt of proceeds.
7. Default. Neither Lessee nor Lessor shall be considered in default of this Agreement for delays
in performance caused by circumstances beyond the reasonable control of the nonperforming
party. A default in payment of more than seven (7) days be the Lessee or violation of any other
term of this agreement shall allow the Lessor to retake possession of the Artwork. The Lessor shall
retain all its rights in law and equity and is entitled to reasonable attorney’s fees and cost upon the
default of the Lessee.
8. Indemnity. Lessor and Lessee each agree to indemnify, and hold harmless each other, its agents
and employees, from and against legal liability for all claims, losses, damages, and expenses to the
extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions.
9. Continuation or Purchase. With the Lessee’s consent, the Lessor may offer to leave the
Artwork in place after the term of this lease for no additional fee with the understanding that the
Artwork may remain in the location throughout the winter and most likely not be removed or
replaced until spring. The Lessee acknowledges that the Artwork is for sale and may exercise
the right to purchase the Artwork at any time. Also, should the Artwork be sold to a third party
during the lease term the Lessee is entitled to a commission fee equivalent to 20% of the
purchase price.
10. Recall or Exchange of Leased Artwork: Occasionally, Leased Artwork may be recalled by
Lessor because of a sale or exhibit. A fourteen (14) day notice will be provided to exchange the
Artwork. Following the installation de-installation provisions, the Lessor will, at its own expense,
retrieve leased Artwork from City of Hastings and replace leased Artwork with other artwork that
is mutually acceptable to Lessee for the remaining term of the lease.
11. Amendments. This agreement is the only agreement of the parties and may only be amended
in writing or by a separate written agreement of the parties.
12. Application of Laws: This agreement shall be construed under Minnesota law and shall be
binding on the heirs, successors and assigns of the parties.
VIII-05
3
13. Notices: Notices shall be communicated to the following addresses:
If to City: City of Hastings
101 4th Street East
Hastings, MN 55033
Attn: City Administrator
Or e-mailed: dwietecha@hastingsmn.gov
If to Artist: Dale Lewis
802 Reuter Drive
Hastings, MN 55033
Or e-mailed: ArtistDaleLewis@gmail.com
[remainder of page left blank]
VIII-05
4
Lessor
Dale Lewis
_________________________
Dale Lewis
VIII-05
5
Lessee –
City of Hastings
By: _________________________
Mayor, Mary Fasbender
By: __________________________
City Clerk, Kelly Murtaugh
VIII-05
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: November 18, 2024
Item: Arts and Culture Commission Ordinance
Council Action Requested:
First Reading of ordinance regarding Arts & Culture Commission.
Background Information:
Under the City’s Charter, advisory commissions are to be established by ordinance. On
December 5, 2022, the City Council adopted an ordinance establishing the Arts & Culture
Commission, with a specified sunset date of December 31, 2024.
The Arts & Culture Commission and City Council have discussed continuing the Commission
beyond the sunset date. The proposed ordinance also addresses several practical matters for its
more efficient operation, including:
• Requiring an annual work plan.
• Maintaining flexibility by changing “will” to “may” for several actions.
• Making any expenditures consistent with City budget and policy.
• Clarifying Commission role relative to other City operations and outside organizations.
• Removing the requirement of a youth member.
Financial Impact:
Proposed 2023 Budget includes $20,000 for arts project. Should add $5,383 for staff support.
Committee Discussion:
City Council 10/21/2024
Arts & Culture Commission 11/13/2024
Attachment:
An Ordinance for the City of Hastings, Minnesota, Amending Hastings City Code Title III,
Chapter 30 Regarding an Arts & Culture Commission
VIII-06
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE TITLE III, CHAPTER 30 REGARDING AN ARTS & CULTURE
COMMISSION
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows:
SECTION 1. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota,
Title III, Chapter 30, Sections 30.14 shall be enacted as follows:
30.14 Arts and Culture Commission
1. Establishment. The Arts and Culture Commission is hereby established.
2. Purpose. The purpose of the commission shall be to assist Hastings in becoming a
community in which arts and cultural activities:
1. Are recognized as vital components of community life that are worthy of investment
and support from the public, private and non-profit sectors.
2. Are valued and promoted for their economic benefits and development potential
throughout the City.
3. Include Hastings' historic, existing and emerging cultural group identity and sense of
community.
4. Support the goals of Hastings' arts education and programs for young people.
5. Engage the talents and involvement of retirees and senior citizens.
6. Enhance the public perception of Hastings' identity and quality of life in the
community itself, the surrounding region, and beyond.
7. Achieve a strong sense of place through beautification and the creative activation of
arts and culture.
3. Powers and Duties. The Commission shall be an advisory commission to the City Council
pertaining to arts and culture programs of the City as shall be referred to the Commission by
the Council or as the members of the Commission deem appropriate. In addition, the
Commission shall:
1. Carry out the Commission's purpose (Section 30.14.B2) to support arts and culture
activities in the community.
2. No later than February 1st submit to the City Council an annual work plan detailing
goals, objectives, and activities for the coming year
VIII-06
2.3. No later than December 31st Ssubmit to the City Council annually a report of
the activities of the commission during the previous year, including the following:
1. Status report on the annual work plan.
1.2. A description of arts and cultural collaboration with other
organizations.
2.3. A description of public artwork completed, obtained, or
commenced.
3.4. A description of cultural events sponsored by the Commission.
4.5. A financial report of Commission activities.
3.4. Perform other functions as needed to carry out these duties and
responsibilities as directed by the City Council and to act in an advisory capacity to
the City Council.
4. Public Art and Culture Program.
1. The Commission will advise the City Council on the commissioning, placement and
maintenance of works of art that have been purchased or accepted by the City, or
which are owned by the City because they have been produced or created with
public funds.
2. The Commission will may advise the City Council on arts-related capital
investments, plans, programs, and evaluations initiated by the City.
3. To encourage broad community participation in the Public Art and Culture Program
and to ensure artwork of the highest quality, the Commission may solicit the pro-
bono participation of community representatives and professionals in the visual arts
and design fields as part of the artist and artwork selection process for particular
public art projects in accordance with the size and complexity of the public art
projects. These advisors may assist the Commission in the selection of artists,
public art project oversight and other related purposes, but shall have no vote on
matters coming before the Arts and Culture Commission. No funds may be
expended without prior Councilbudgetary approval, and expenditures will comply
with the City’s Purchasing Policy.
4. The Commission may facilitate collaboration and joint planning among public and
private agencies involved with arts-related issues (such as economic development,
tourism, and arts education).
5. In cooperation with existing City departments and with the City Council, the
Commission may develop and advocate design standards for City facilities,
roadways, public areas, and private development, in order to advance a coherent
image of Hastings as a place of unique aesthetic, architectural, and cultural identity.
VIII-06
6. The Commission will may provide best practices for the type, frequency, and extent
of maintenance to preserve the quality and value of City owned artwork.
0. The Commission will assist City staff regarding cultural events being programmed by
City staff.
0. The Commission will review and make recommendations regarding cultural events
organized by an outside entity as a Tier 1, Tier 2, or Tier 3 event under the City's
Special Event Policy.
7.5. Composition. The Commission will consist of up to seven regular members all of
whom shall be residents, and non-Council members and one youth member 14 - 18 years
old, who shall attend one of the schools serving the Hastings community. All members are
appointed by the City Council.
1. Appointments shall be made with an effort to include a diversity in age, gender
identity, and race.
2. Appointments shall be made with an effort to include representation from arts and
cultural organizations, local schools, business community, independent artists, and
the community at-large.
8.6. Staff Liaison. The City shall provide a staff person to act as a liaison to the
Commission, provide administrative staff support, and facilitate communications from the
Commission to the City Council and/or City Administration.
9.7. Commission Officers. At the first meeting of each year, the Commission shall select
a chair, vice chair, and secretary from among the membership to serve until the end of that
year. Should an officer resign, the vacancy shall be filled by the Commission for the balance
of the incomplete term.
10.8. Term. Initial appointments shall be for either one - or two - year terms (to create a
staggered cycle). Thereafter, members Members shall serve two-year, staggered terms.
11.9. Meetings. The Commission will hold at least three meetings per year. It may make
rules and guidelines and shall keep a record of its meetings, recommendations, and
referrals, along with the vote of each commissioner. This record shall be a public record. A
majority of appointed commissioners shall constitute a quorum. Each commissioner shall
have one vote on issues before the Commission.
12.10. Expenses. Commissioners shall serve without pay but may be reimbursed for actual
expenses as authorized by City Council.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is
available without cost at the office of the City Clerk, the following summary is approved by the City
Council and shall be published in lieu of publishing the entire ordinance.
VIII-06
The text amendment adopted by the Hastings City Council on December __________, 2024
establishes an Arts & Culture Commission to advise the City Council on matters related to arts and
cultural activities.
SECTION 3. EFFECTIVE DATE. This ordinance shall supersede Ordinance _______, adopted on
December 5, 2022, and its sunset date. This ordinance shall be in full force and effect
from and after its passage and publication according to law.
Passed this ______day of December, 2024.
_______________________________
Mary Fasbender, Mayor
Attest:
_______________________________
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
VIII-06
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kim Niederkorn, Accountant
Date: November 18, 2024
Item: Delinquent Administrative Citation/Abatement/Hazardous Tree Certifications
Council Action Requested:
The Council is requested to authorize the Finance Department to certify delinquent
administrative citations/abatements/hazardous trees to Dakota County.
Administrative citations/abatements/hazardous trees customers with unpaid delinquent
balances are being certified to Dakota County to be added to property taxes payable in 2025.
The certification amount is equal to the unpaid delinquent balance. The $50 penalty is
included in each property’s certification.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
List of delinquent administrative citations/abatements/hazardous trees to be certified to
Dakota County.
VIII-07
2024 Delinquent AR Certifications
PID Delinq Bal Admin Fee TOTAL
192970301010 20.00 50.00 70.00
193215091010 400.00 50.00 450.00
191640009110 400.00 50.00 450.00
196340005040 1,456.00 50.00 1,506.00
196340005040 1,290.00 50.00 1,340.00
198375000360 400.00 50.00 450.00
198375000360 200.00 50.00 250.00
198323003150 200.00 50.00 250.00
193195008081 320.00 50.00 370.00
193195008081 220.00 50.00 270.00
191750038110 400.00 50.00 450.00
191470101020 400.00 50.00 450.00
193215067050 150.00 50.00 200.00
191125014063 407.50 50.00 457.50
193215040060 788.40 50.00 838.40
193215022040 640.00 50.00 690.00
191050043100 200.00 50.00 250.00
197730001230 200.00 50.00 250.00
198270001030 40.00 50.00 90.00
198323902010 21.75 50.00 71.75
198324801010 135.59 50.00 185.59
193208001030 482.47 50.00 532.47
191830102020 17.40 50.00 67.40
193208001020 35.89 50.00 85.89
191950001040 200.00 50.00 250.00
197330000100 400.00 50.00 450.00
198170003050 200.00 50.00 250.00
191640402350 200.00 50.00 250.00
9,825.00 1,400.00 11,225.00
VIII-07
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kim Niederkorn, Accountant
Date: November 18, 2024
Item: Delinquent Utility Billing Certification
Council Action Requested:
The Council is requested to authorize the Finance Department to certify delinquent utilities
to Dakota County.
Background Information:
On June 15, 2020, City Council approved a process change regarding collecting delinquent
utilities. This process-change resulted in eliminating disconnecting water service for
delinquent residents, and instead certifying delinquent utilities to the residents’ property
taxes.
Per this process change, delinquent utility amounts will be certified to Dakota County
annually. A list of utility accounts with a delinquent balance was compiled and notices
dated October 17, 2024, were mailed. These customers were informed of their delinquent
status and were asked to make payment of the delinquent balance by November 15, 2024.
Utility accounts with unpaid delinquent balance are being certified to Dakota County to be
added to property taxes payable in 2025. The certification amount is equal to the unpaid
delinquent balance. The $50 penalty is included in each property’s certification.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
List of delinquent utility accounts to be certified to Dakota County.
VIII-08
2024 UB Dlinquent Certifications
PID Delinq Bal Admin Fee TOTAL
193215013023 371.84 50.00 421.84
193215103040 563.07 50.00 613.07
192350001050 704.96 50.00 754.96
193215116010 1,157.98 50.00 1,207.98
193215004083 213.98 50.00 263.98
191050006090 1,147.00 50.00 1,197.00
191050019040 1,179.55 50.00 1,229.55
191050016091 159.90 50.00 209.90
193215022030 311.63 50.00 361.63
191050018130 124.43 50.00 174.43
191050019180 957.03 50.00 1,007.03
191050027090 691.53 50.00 741.53
191050027050 140.92 50.00 190.92
193215025030 766.89 50.00 816.89
193215060041 596.52 50.00 646.52
193215018070 437.29 50.00 487.29
193215029082 428.10 50.00 478.10
191050027170 118.58 50.00 168.58
191050026181 606.58 50.00 656.58
191050030040 323.42 50.00 373.42
191050029060 281.60 50.00 331.60
193215039040 946.36 50.00 996.36
193215035040 333.33 50.00 383.33
193215038070 77.63 50.00 127.63
193215038051 209.96 50.00 259.96
191050033180 71.78 50.00 121.78
191050042060 223.44 50.00 273.44
193215041021 255.45 50.00 305.45
193215042020 136.13 50.00 186.13
193215134020 448.94 50.00 498.94
193215050041 243.96 50.00 293.96
191050043020 12.89 50.00 62.89
191050046170 1,181.25 50.00 1,231.25
191050047070 557.41 50.00 607.41
191050039201 284.35 50.00 334.35
191050042090 1,506.71 50.00 1,556.71
191050042100 138.45 50.00 188.45
191050042110 159.90 50.00 209.90
191050043100 1,218.63 50.00 1,268.63
191125010010 405.60 50.00 455.60
196690001050 306.47 50.00 356.47
VIII-08
2024 UB Dlinquent Certifications
PID Delinq Bal Admin Fee TOTAL
193610000013 992.16 50.00 1,042.16
193215068050 786.93 50.00 836.93
193215067050 208.30 50.00 258.30
190280069020 559.20 50.00 609.20
191125019061 707.94 50.00 757.94
191125017080 240.76 50.00 290.76
193215082080 159.90 50.00 209.90
193195005020 141.98 50.00 191.98
193215084020 617.45 50.00 667.45
193215085020 257.41 50.00 307.41
193215087050 845.15 50.00 895.15
193215086061 655.28 50.00 705.28
193195007061 645.97 50.00 695.97
193215092050 309.42 50.00 359.42
193210002060 89.33 50.00 139.33
193210006100 409.59 50.00 459.59
195750004040 337.50 50.00 387.50
195750004020 349.54 50.00 399.54
195750004010 464.75 50.00 514.75
193195018010 447.37 50.00 497.37
193195019050 545.26 50.00 595.26
193215097080 303.29 50.00 353.29
193215096060 193.44 50.00 243.44
195750003140 118.58 50.00 168.58
195750003080 590.49 50.00 640.49
193210007030 64.95 50.00 114.95
196330000263 19.99 50.00 69.99
191830002110 124.91 50.00 174.91
191830003080 493.56 50.00 543.56
196330000221 89.33 50.00 139.33
196340004211 147.83 50.00 197.83
196330000207 974.66 50.00 1,024.66
196330000161 169.46 50.00 219.46
196330000165 813.70 50.00 863.70
196340005040 518.59 50.00 568.59
196340005120 498.21 50.00 548.21
198375200132 832.61 50.00 882.61
198375000360 832.98 50.00 882.98
198375000450 1,011.84 50.00 1,061.84
191360007020 378.80 50.00 428.80
196340006090 124.43 50.00 174.43
VIII-08
2024 UB Dlinquent Certifications
PID Delinq Bal Admin Fee TOTAL
196340002100 376.65 50.00 426.65
198375100810 669.88 50.00 719.88
198375100670 743.89 50.00 793.89
192580003160 1,088.49 50.00 1,138.49
192580001010 624.93 50.00 674.93
190380010020 618.99 50.00 668.99
193610000013 447.69 50.00 497.69
193610000013 616.96 50.00 666.96
190370005011 47,025.47 50.00 47,075.47
197730003291 659.74 50.00 709.74
191320006062 126.47 50.00 176.47
196360001030 138.45 50.00 188.45
190270055030 166.12 50.00 216.12
191320008140 464.75 50.00 514.75
190270055010 266.12 50.00 316.12
197730002070 168.49 50.00 218.49
190370004080 395.03 50.00 445.03
194470501090 340.48 50.00 390.48
194470501050 124.43 50.00 174.43
194470401060 136.13 50.00 186.13
197730003150 294.47 50.00 344.47
198130102108 83.86 50.00 133.86
198130105107 233.13 50.00 283.13
193610000011 394.44 50.00 444.44
193610000012 2,166.99 50.00 2,216.99
193610000013 210.47 50.00 260.47
193610000014 2,299.52 50.00 2,349.52
195770101030 976.34 50.00 1,026.34
198300303001 2,837.15 50.00 2,887.15
198300301021 513.20 50.00 563.20
196660102012 156.05 50.00 206.05
196660102023 386.51 50.00 436.51
195100001071 1,118.28 50.00 1,168.28
197700007070 336.04 50.00 386.04
191950007050 504.75 50.00 554.75
191950006070 89.33 50.00 139.33
191950005140 118.58 50.00 168.58
191835002022 630.32 50.00 680.32
191950003060 792.79 50.00 842.79
197700002070 1,356.43 50.00 1,406.43
191950106020 169.46 50.00 219.46
VIII-08
2024 UB Dlinquent Certifications
PID Delinq Bal Admin Fee TOTAL
191950101010 551.25 50.00 601.25
191950104050 272.44 50.00 322.44
191950301050 228.54 50.00 278.54
198300202011 40.86 50.00 90.86
191950401090 648.09 50.00 698.09
197100102220 118.18 50.00 168.18
197100102010 763.19 50.00 813.19
191960001150 128.18 50.00 178.18
198323003150 170.98 50.00 220.98
198323906030 118.19 50.00 168.19
197332000030 118.19 50.00 168.19
193285007080 104.78 50.00 154.78
198323902050 74.29 50.00 124.29
198324501010 47.06 50.00 97.06
198324701050 22.41 50.00 72.41
198324801080 118.19 50.00 168.19
198324801070 118.19 50.00 168.19
198170001010 387.02 50.00 437.02
198170003130 70.77 50.00 120.77
198170003050 318.58 50.00 368.58
191630002031 430.60 50.00 480.60
191470001132 92.19 50.00 142.19
191470001131 358.64 50.00 408.64
191470302030 313.31 50.00 363.31
198170005220 380.18 50.00 430.18
198170005050 395.20 50.00 445.20
191470002090 97.68 50.00 147.68
191470101020 443.09 50.00 493.09
196810201140 1,144.42 50.00 1,194.42
196810102110 771.64 50.00 821.64
195850000106 159.06 50.00 209.06
197330000130 1,416.86 50.00 1,466.86
191750038060 1,618.00 50.00 1,668.00
191750114050 746.05 50.00 796.05
191750031070 172.34 50.00 222.34
191750033040 217.12 50.00 267.12
197102503070 383.15 50.00 433.15
197102503170 73.39 50.00 123.39
197102503260 1,405.47 50.00 1,455.47
197102502050 151.43 50.00 201.43
197102501100 87.59 50.00 137.59
VIII-08
2024 UB Dlinquent Certifications
PID Delinq Bal Admin Fee TOTAL
197102801020 6.70 50.00 56.70
197102801030 6.70 50.00 56.70
197102801040 6.70 50.00 56.70
197102801050 6.70 50.00 56.70
197102801060 6.70 50.00 56.70
197102801070 6.70 50.00 56.70
197102801060 6.70 50.00 56.70
197102801090 6.70 50.00 56.70
197102801100 6.70 50.00 56.70
197102802010 6.70 50.00 56.70
197102802020 6.70 50.00 56.70
197102802030 6.70 50.00 56.70
197102802040 6.70 50.00 56.70
197102802050 6.70 50.00 56.70
197102802060 6.70 50.00 56.70
197102802070 6.70 50.00 56.70
197102802080 6.70 50.00 56.70
197102802100 6.70 50.00 56.70
197102802110 6.70 50.00 56.70
197102802120 6.70 50.00 56.70
197102803010 6.70 50.00 56.70
197102803020 6.70 50.00 56.70
197102803030 6.70 50.00 56.70
197102803040 6.70 50.00 56.70
197102803050 6.70 50.00 56.70
197102803060 6.70 50.00 56.70
197102803070 6.70 50.00 56.70
197102803080 6.70 50.00 56.70
197102803090 6.70 50.00 56.70
197102803100 6.70 50.00 56.70
197102803110 6.70 50.00 56.70
197102803120 6.70 50.00 56.70
197102803130 6.70 50.00 56.70
197102606110 131.89 50.00 181.89
197102601020 2,328.81 50.00 2,378.81
197102602010 118.19 50.00 168.19
197102602020 118.19 50.00 168.19
197102602030 118.19 50.00 168.19
197102602050 118.19 50.00 168.19
197102602090 118.19 50.00 168.19
197102602100 118.19 50.00 168.19
VIII-08
2024 UB Dlinquent Certifications
PID Delinq Bal Admin Fee TOTAL
197102602120 118.19 50.00 168.19
197102603120 151.89 50.00 201.89
197102603110 516.22 50.00 566.22
197102603020 108.49 50.00 158.49
191370000130 153.68 50.00 203.68
197320701050 636.30 50.00 686.30
197320701230 779.85 50.00 829.85
197320002100 109.56 50.00 159.56
191640202240 1,186.49 50.00 1,236.49
191640201100 630.79 50.00 680.79
191640201080 599.65 50.00 649.65
191640302040 130.74 50.00 180.74
191640401130 63.87 50.00 113.87
191640401080 579.43 50.00 629.43
191640401020 129.55 50.00 179.55
191640402100 79.24 50.00 129.24
191640402120 131.89 50.00 181.89
191640402200 96.79 50.00 146.79
191640402210 1,074.51 50.00 1,124.51
191640402270 387.37 50.00 437.37
191640402350 202.81 50.00 252.81
191640301110 641.00 50.00 691.00
191640102050 522.57 50.00 572.57
191640102030 88.84 50.00 138.84
191640104010 561.51 50.00 611.51
191640105030 263.80 50.00 313.80
197320301120 306.22 50.00 356.22
197320501030 446.95 50.00 496.95
197320005020 153.94 50.00 203.94
196437505104 114.34 50.00 164.34
196437505216 76.03 50.00 126.03
196437505235 74.78 50.00 124.78
196437501100 3,071.65 50.00 3,121.65
196438002030 981.30 50.00 1,031.30
197102602060 118.19 50.00 168.19
196439003050 590.82 50.00 640.82
196439002070 564.21 50.00 614.21
196438204170 118.19 50.00 168.19
196438204160 118.19 50.00 168.19
196438204150 118.19 50.00 168.19
196438103180 64.99 50.00 114.99
VIII-08
2024 UB Dlinquent Certifications
PID Delinq Bal Admin Fee TOTAL
196438103170 64.99 50.00 114.99
197122001020 118.19 50.00 168.19
193120001080 279.91 50.00 329.91
193120001020 402.41 50.00 452.41
198395303030 131.89 50.00 181.89
198395302040 156.03 50.00 206.03
196750001180 160.89 50.00 210.89
198395205060 1,028.46 50.00 1,078.46
195790002080 527.96 50.00 577.96
195790002010 410.89 50.00 460.89
196390003090 1,806.18 50.00 1,856.18
195790005050 1,034.47 50.00 1,084.47
195790101040 135.79 50.00 185.79
195790901070 507.99 50.00 557.99
195790502010 122.14 50.00 172.14
197120002020 673.19 50.00 723.19
197120002120 87.11 50.00 137.11
197105203040 118.58 50.00 168.58
197105103170 639.56 50.00 689.56
197105104070 651.21 50.00 701.21
197105104040 327.91 50.00 377.91
197105004200 269.23 50.00 319.23
197105004180 152.32 50.00 202.32
197105004020 474.10 50.00 524.10
197105802010 118.19 50.00 168.19
197105802030 118.19 50.00 168.19
197105802040 118.19 50.00 168.19
197105802050 118.19 50.00 168.19
197105802060 118.19 50.00 168.19
197105801050 118.19 50.00 168.19
197105801060 118.19 50.00 168.19
197105801070 118.19 50.00 168.19
197105801080 118.19 50.00 168.19
197105801090 118.19 50.00 168.19
197105801130 118.19 50.00 168.19
197105601010 149.60 50.00 199.60
197105504080 159.90 50.00 209.90
193110001060 124.43 50.00 174.43
198145001010 1,904.28 50.00 1,954.28
193200602050 49.94 50.00 99.94
193610000013 5.52 50.00 55.52
VIII-08
2024 UB Dlinquent Certifications
PID Delinq Bal Admin Fee TOTAL
193200002012 263.27 50.00 313.27
193200002012 237.68 50.00 287.68
193610000013 4.35 50.00 54.35
193610000013 4.94 50.00 54.94
197320103102 70.56 50.00 120.56
191840201030 280.03 50.00 330.03
192970201200 447.87 50.00 497.87
192970201150 85.09 50.00 135.09
192970102020 128.69 50.00 178.69
192970202111 203.44 50.00 253.44
192970202380 109.74 50.00 159.74
192970203340 506.47 50.00 556.47
192970203310 554.67 50.00 604.67
192970203120 575.35 50.00 625.35
190350091011 118.19 50.00 168.19
196370001020 5,882.19 50.00 5,932.19
196370001010 4.93 50.00 54.93
190350005081 652.68 50.00 702.68
190350005082 203.96 50.00 253.96
190410038016 118.19 50.00 168.19
193190001201 22.41 50.00 72.41
193215036041 21.76 50.00 71.76
193215135063 22.41 50.00 72.41
193215135080 22.41 50.00 72.41
196438200010 118.19 50.00 168.19
196438209010 118.19 50.00 168.19
197102800010 118.19 50.00 168.19
197102800020 12.18 50.00 62.18
197102800030 12.18 50.00 62.18
197102800040 12.18 50.00 62.18
197105800010 118.19 50.00 168.19
197105600011 118.19 50.00 168.19
169,616.23 15,950.00 185,566.23
VIII-08
City Council Memorandum
To: Mayor Hoffman-Fasbender & City Councilmembers
From: Jeff Elliott, Arena Manager
Date: 11/18/2024
Item: Hastings Civic Arena Ice Rental Agreement – ISD 200
Council Action Requested: Approve the agreement between Hastings Civic
Arena and Independent School District 200 for ice rental season 2024-2025.
Background Information: ISD 200 utilizes the Hastings Civic Arena as their home
rink for all ice hockey seasons, and they are one of our major ice rental customers.
Trent Hanson the Hastings High School Athletic Director has asked for a formal
agreement between City and School with regard to ice rental at the Civic Arena.
Staff agree that an agreement is in order and will be a good tool for both City and
School to utilize and will set a baseline in understanding the responsibilities of each
party.
City staff have reviewed agreements between other cities and school districts, and
have utilized information gathered from those to craft the agreement being proposed.
Staff have also worked with the City Attorney to ensure language is appropriate and
the terms of the agreement are reasonable and acceptable from the City’s
perspective. Staff provided the School Athletic Director with a draft copy, and no
revisions were proposed.
Financial Impact: The City will charge ISD 200 ice rental rates according to fee
schedule, and ISD 200 will pay the charges as noted in the agreement. Revenue
for the City will remain as projected within the annual budget.
Advisory Commission Discussion: None
Council Committee Discussion: None
Attachments:
• 2024-2025 Ice Rental Agreement
• 2024-2025 ISD 200 Hours Report
VIII-09
VIII-09
VIII-09
VIII-09
ATTACHMENT A
1. The ice rental dates shall begin October 28, 2024 and run through March 1, 2025.
2. Schedule of reserved dates and times is defined as:
a. Per attached customer schedule and as agreed upon by school athletic director.
3. Ice rental rates for the contract term are set at $230.00/ice hour.
Total value of ice time at time of contract - $85,890.80
a. High School locker room usage fee $15.00/ice hour.
4. Contractor is responsible for cleaning up the rental area to its pre-event condition at
the end of each rental and contractor shall provide an on-duty manager and ice
maintenance personnel, the game announcer, score keeper and ticket personnel and
charge the district $225.00 per game.
5. The District (each high school) will receive all ticket sales revenue.
6. The District (each high school) will provide a mutually agreed upon number of crowd
control staff.
7. The District (each high school) will provide event referees and off-ice officials.
VIII-09
# R988 Status Approved Page 1 of 4
System User Jeff Elliott
Cell Phone Number (651) 480-7470
Email Address thanson@hastings.k12.mn.us
Agent Name Trent Hanson
Organization Phone 1
Number
(651) 480-7470Organization Name Hastings High School - 4
TypeCustomer Tax Exempt
Organization Address 200 General Sieben Drive
Hastings, MN 55033
Permit # R988
Status Approved
Date Mar 19, 2024 9:30 AM
Hastings Civic Arena
920 10th Street W
Hastings, MN 55033
PHONE:(651) 480-6195
Schedule
Schedules
RESOURCES NAME CENTER EVENT NAME START DATE/TIME END DATE/TIME
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Oct 28, 2024 3:15 PM Mon, Oct 28, 2024 4:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Tue, Oct 29, 2024 3:15 PM Tue, Oct 29, 2024 4:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Oct 30, 2024 3:10 PM Wed, Oct 30, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Oct 30, 2024 4:45 PM Wed, Oct 30, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Oct 31, 2024 3:10 PM Thu, Oct 31, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Oct 31, 2024 4:45 PM Thu, Oct 31, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Nov 4, 2024 4:00 PM Mon, Nov 4, 2024 6:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Tue, Nov 5, 2024 3:10 PM Tue, Nov 5, 2024 4:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Nov 6, 2024 3:10 PM Wed, Nov 6, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Nov 6, 2024 4:45 PM Wed, Nov 6, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Nov 7, 2024 3:10 PM Thu, Nov 7, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Nov 7, 2024 4:45 PM Thu, Nov 7, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Fri, Nov 8, 2024 3:10 PM Fri, Nov 8, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Fri, Nov 8, 2024 4:45 PM Fri, Nov 8, 2024 5:45 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Nov 11, 2024 3:10 PM Mon, Nov 11, 2024 4:10 PM
VIII-09
# R988 Status Approved Page 2 of 4
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Nov 11, 2024 4:20 PM Mon, Nov 11, 2024 5:20 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Mon, Nov 11, 2024 4:30 PM Mon, Nov 11, 2024 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Mon, Nov 11, 2024 6:30 PM Mon, Nov 11, 2024 8:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Nov 12, 2024 3:10 PM Tue, Nov 12, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Tue, Nov 12, 2024 3:15 PM Tue, Nov 12, 2024 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Nov 12, 2024 4:20 PM Tue, Nov 12, 2024 5:20 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Tue, Nov 12, 2024 4:30 PM Tue, Nov 12, 2024 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Nov 13, 2024 3:10 PM Wed, Nov 13, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Nov 13, 2024 3:10 PM Wed, Nov 13, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Nov 13, 2024 4:20 PM Wed, Nov 13, 2024 5:20 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Nov 13, 2024 4:45 PM Wed, Nov 13, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Thu, Nov 14, 2024 3:10 PM Thu, Nov 14, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Thu, Nov 14, 2024 3:10 PM Thu, Nov 14, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Thu, Nov 14, 2024 4:20 PM Thu, Nov 14, 2024 5:20 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Thu, Nov 14, 2024 4:45 PM Thu, Nov 14, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Nov 15, 2024 3:10 PM Fri, Nov 15, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Fri, Nov 15, 2024 3:10 PM Fri, Nov 15, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Nov 15, 2024 4:20 PM Fri, Nov 15, 2024 5:20 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Fri, Nov 15, 2024 4:45 PM Fri, Nov 15, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Sat, Nov 16, 2024 3:00 PM Sat, Nov 16, 2024 5:00 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Nov 18, 2024 3:10 PM Mon, Nov 18, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Nov 18, 2024 3:15 PM Mon, Nov 18, 2024 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Nov 18, 2024 4:30 PM Mon, Nov 18, 2024 5:45 PM
VIII-09
# R988 Status Approved Page 3 of 4
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Nov 18, 2024 4:40 PM Mon, Nov 18, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Nov 19, 2024 3:10 PM Tue, Nov 19, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Nov 19, 2024 4:40 PM Tue, Nov 19, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Nov 20, 2024 3:10 PM Wed, Nov 20, 2024 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Wed, Nov 20, 2024 3:30 PM Wed, Nov 20, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Nov 20, 2024 4:45 PM Wed, Nov 20, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Nov 21, 2024 3:10 PM Thu, Nov 21, 2024 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Thu, Nov 21, 2024 3:10 PM Thu, Nov 21, 2024 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Thu, Nov 21, 2024 4:40 PM Thu, Nov 21, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Nov 21, 2024 4:45 PM Thu, Nov 21, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Nov 22, 2024 3:10 PM Fri, Nov 22, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Fri, Nov 22, 2024 3:10 PM Fri, Nov 22, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Fri, Nov 22, 2024 4:30 PM Fri, Nov 22, 2024 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Fri, Nov 22, 2024 6:30 PM Fri, Nov 22, 2024 8:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Sat, Nov 23, 2024 8:45 AM Sat, Nov 23, 2024 10:00 AM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Sat, Nov 23, 2024 11:45 AM Sat, Nov 23, 2024 2:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Sat, Nov 23, 2024 2:00 PM Sat, Nov 23, 2024 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Nov 25, 2024 3:10 PM Mon, Nov 25, 2024 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Nov 25, 2024 3:15 PM Mon, Nov 25, 2024 4:15 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Nov 25, 2024 4:30 PM Mon, Nov 25, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Nov 25, 2024 4:40 PM Mon, Nov 25, 2024 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Tue, Nov 26, 2024 3:10 PM Tue, Nov 26, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Tue, Nov 26, 2024 4:15 PM Tue, Nov 26, 2024 6:30 PM
VIII-09
# R988 Status Approved Page 4 of 4
X:
Date:
Hastings High School
Customer Type: Tax Exempt
Customer ID: 23
Mailing Address: 200 General Sieben Drive, Hastings, MN
55033
Organization Phone 1 Number: (651) 480-7470
Authorized Agent Name: Trent Hanson
Cell Phone Number: (651) 480-7470
Email Address: thanson@hastings.k12.mn.us
X:
Date:
Hastings Civic Arena
Mailing Address: 920 10th Street W, Hastings, MN
55033
Phone Number: (651) 480-6195
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Tue, Nov 26, 2024 6:30 PM Tue, Nov 26, 2024 8:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Nov 27, 2024 3:10 PM Wed, Nov 27, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Nov 27, 2024 4:40 PM Wed, Nov 27, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Sat, Nov 30, 2024 9:00 AM Sat, Nov 30, 2024 11:00 AM
VIII-09
# R989 Status Approved Page 1 of 3
System User Jeff Elliott
Cell Phone Number (651) 480-7470
Email Address thanson@hastings.k12.mn.us
Agent Name Trent Hanson
Organization Phone 1
Number
(651) 480-7470Organization Name Hastings High School - 4
TypeCustomer Tax Exempt
Organization Address 200 General Sieben Drive
Hastings, MN 55033
Permit # R989
Status Approved
Date Mar 19, 2024 9:56 AM
Hastings Civic Arena
920 10th Street W
Hastings, MN 55033
PHONE:(651) 480-6195
Schedule
Schedules
RESOURCES NAME CENTER EVENT NAME START DATE/TIME END DATE/TIME
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Dec 2, 2024 3:10 PM Mon, Dec 2, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Dec 2, 2024 4:40 PM Mon, Dec 2, 2024 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Dec 2, 2024 6:30 PM Mon, Dec 2, 2024 7:45 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Dec 2, 2024 8:00 PM Mon, Dec 2, 2024 9:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Dec 3, 2024 3:10 PM Tue, Dec 3, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Tue, Dec 3, 2024 3:10 PM Tue, Dec 3, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Tue, Dec 3, 2024 4:30 PM Tue, Dec 3, 2024 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Tue, Dec 3, 2024 6:30 PM Tue, Dec 3, 2024 8:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Dec 4, 2024 3:10 PM Wed, Dec 4, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Dec 4, 2024 4:45 PM Wed, Dec 4, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Thu, Dec 5, 2024 3:10 PM Thu, Dec 5, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Thu, Dec 5, 2024 3:10 PM Thu, Dec 5, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Thu, Dec 5, 2024 4:30 PM Thu, Dec 5, 2024 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Thu, Dec 5, 2024 6:30 PM Thu, Dec 5, 2024 8:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Dec 6, 2024 3:10 PM Fri, Dec 6, 2024 4:30 PM
VIII-09
# R989 Status Approved Page 2 of 3
Civic Arena West Rink Hastings
Civic Arena
HS Girls Fri, Dec 6, 2024 3:10 PM Fri, Dec 6, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Dec 6, 2024 4:40 PM Fri, Dec 6, 2024 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Dec 9, 2024 3:10 PM Mon, Dec 9, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Dec 9, 2024 3:15 PM Mon, Dec 9, 2024 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Dec 9, 2024 4:30 PM Mon, Dec 9, 2024 5:45 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Dec 9, 2024 4:40 PM Mon, Dec 9, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Dec 11, 2024 3:10 PM Wed, Dec 11, 2024 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Dec 11, 2024 3:10 PM Wed, Dec 11, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Dec 11, 2024 4:40 PM Wed, Dec 11, 2024 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Dec 11, 2024 4:45 PM Wed, Dec 11, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Dec 12, 2024 3:10 PM Thu, Dec 12, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Thu, Dec 12, 2024 3:10 PM Thu, Dec 12, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Thu, Dec 12, 2024 4:20 PM Thu, Dec 12, 2024 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Thu, Dec 12, 2024 6:30 PM Thu, Dec 12, 2024 8:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Dec 13, 2024 3:10 PM Fri, Dec 13, 2024 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Fri, Dec 13, 2024 3:10 PM Fri, Dec 13, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Fri, Dec 13, 2024 4:30 PM Fri, Dec 13, 2024 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Fri, Dec 13, 2024 6:30 PM Fri, Dec 13, 2024 8:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Dec 16, 2024 3:10 PM Mon, Dec 16, 2024 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Dec 16, 2024 3:15 PM Mon, Dec 16, 2024 4:15 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Dec 16, 2024 4:30 PM Mon, Dec 16, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Dec 16, 2024 4:40 PM Mon, Dec 16, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Tue, Dec 17, 2024 4:15 PM Tue, Dec 17, 2024 6:30 PM
VIII-09
# R989 Status Approved Page 3 of 3
X:
Date:
Hastings High School
Customer Type: Tax Exempt
Customer ID: 23
Mailing Address: 200 General Sieben Drive, Hastings, MN
55033
Organization Phone 1 Number: (651) 480-7470
Authorized Agent Name: Trent Hanson
Cell Phone Number: (651) 480-7470
Email Address: thanson@hastings.k12.mn.us
X:
Date:
Hastings Civic Arena
Mailing Address: 920 10th Street W, Hastings, MN
55033
Phone Number: (651) 480-6195
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Tue, Dec 17, 2024 6:30 PM Tue, Dec 17, 2024 8:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Dec 18, 2024 3:10 PM Wed, Dec 18, 2024 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Wed, Dec 18, 2024 3:10 PM Wed, Dec 18, 2024 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Wed, Dec 18, 2024 4:40 PM Wed, Dec 18, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Dec 18, 2024 4:45 PM Wed, Dec 18, 2024 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Thu, Dec 19, 2024 3:10 PM Thu, Dec 19, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Thu, Dec 19, 2024 4:40 PM Thu, Dec 19, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Dec 20, 2024 3:10 PM Fri, Dec 20, 2024 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Dec 20, 2024 4:40 PM Fri, Dec 20, 2024 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Sat, Dec 21, 2024 11:45 AM Sat, Dec 21, 2024 2:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Sat, Dec 21, 2024 2:00 PM Sat, Dec 21, 2024 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Dec 23, 2024 9:00 AM Mon, Dec 23, 2024 11:00 AM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Dec 27, 2024 9:00 AM Fri, Dec 27, 2024 11:00 AM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Sat, Dec 28, 2024 9:00 AM Sat, Dec 28, 2024 11:00 AM
VIII-09
# R990 Status Approved Page 1 of 4
System User Jeff Elliott
Cell Phone Number (651) 480-7470
Email Address thanson@hastings.k12.mn.us
Agent Name Trent Hanson
Organization Phone 1
Number
(651) 480-7470Organization Name Hastings High School - 4
TypeCustomer Tax Exempt
Organization Address 200 General Sieben Drive
Hastings, MN 55033
Permit # R990
Status Approved
Date Mar 19, 2024 10:29 AM
Hastings Civic Arena
920 10th Street W
Hastings, MN 55033
PHONE:(651) 480-6195
Schedule
Schedules
RESOURCES NAME CENTER EVENT NAME START DATE/TIME END DATE/TIME
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Jan 1, 2025 6:30 PM Wed, Jan 1, 2025 7:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Jan 1, 2025 8:00 PM Wed, Jan 1, 2025 9:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Jan 2, 2025 3:10 PM Thu, Jan 2, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Jan 2, 2025 4:45 PM Thu, Jan 2, 2025 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Jan 3, 2025 3:10 PM Fri, Jan 3, 2025 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Fri, Jan 3, 2025 3:10 PM Fri, Jan 3, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Fri, Jan 3, 2025 4:30 PM Fri, Jan 3, 2025 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Fri, Jan 3, 2025 6:30 PM Fri, Jan 3, 2025 8:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Jan 6, 2025 3:10 PM Mon, Jan 6, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Jan 6, 2025 3:15 PM Mon, Jan 6, 2025 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Jan 6, 2025 4:30 PM Mon, Jan 6, 2025 5:45 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Jan 6, 2025 4:40 PM Mon, Jan 6, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Jan 7, 2025 3:10 PM Tue, Jan 7, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Jan 7, 2025 4:40 PM Tue, Jan 7, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Jan 8, 2025 3:10 PM Wed, Jan 8, 2025 4:30 PM
VIII-09
# R990 Status Approved Page 2 of 4
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Jan 8, 2025 3:10 PM Wed, Jan 8, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Jan 8, 2025 4:40 PM Wed, Jan 8, 2025 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Jan 8, 2025 4:45 PM Wed, Jan 8, 2025 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Jan 9, 2025 3:10 PM Thu, Jan 9, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Jan 9, 2025 4:45 PM Thu, Jan 9, 2025 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Jan 10, 2025 3:10 PM Fri, Jan 10, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Jan 10, 2025 4:40 PM Fri, Jan 10, 2025 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Jan 13, 2025 3:10 PM Mon, Jan 13, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Jan 13, 2025 3:15 PM Mon, Jan 13, 2025 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Jan 13, 2025 4:30 PM Mon, Jan 13, 2025 5:45 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Mon, Jan 13, 2025 4:40 PM Mon, Jan 13, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Jan 15, 2025 3:10 PM Wed, Jan 15, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Jan 15, 2025 3:10 PM Wed, Jan 15, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Jan 15, 2025 4:40 PM Wed, Jan 15, 2025 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Jan 15, 2025 4:45 PM Wed, Jan 15, 2025 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Thu, Jan 16, 2025 3:10 PM Thu, Jan 16, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Thu, Jan 16, 2025 4:40 PM Thu, Jan 16, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Jan 17, 2025 3:10 PM Fri, Jan 17, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Fri, Jan 17, 2025 3:10 PM Fri, Jan 17, 2025 4:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Jan 17, 2025 4:40 PM Fri, Jan 17, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Sat, Jan 18, 2025 11:45 AM Sat, Jan 18, 2025 2:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Sat, Jan 18, 2025 2:00 PM Sat, Jan 18, 2025 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Jan 20, 2025 9:00 AM Mon, Jan 20, 2025 11:00 AM
VIII-09
# R990 Status Approved Page 3 of 4
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Jan 20, 2025 6:30 PM Mon, Jan 20, 2025 7:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Mon, Jan 20, 2025 8:00 PM Mon, Jan 20, 2025 9:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Tue, Jan 21, 2025 4:30 PM Tue, Jan 21, 2025 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Tue, Jan 21, 2025 6:30 PM Tue, Jan 21, 2025 8:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Jan 22, 2025 3:10 PM Wed, Jan 22, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Jan 22, 2025 3:10 PM Wed, Jan 22, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Jan 22, 2025 4:40 PM Wed, Jan 22, 2025 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Jan 22, 2025 4:45 PM Wed, Jan 22, 2025 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Thu, Jan 23, 2025 4:15 PM Thu, Jan 23, 2025 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Thu, Jan 23, 2025 6:30 PM Thu, Jan 23, 2025 8:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Fri, Jan 24, 2025 3:10 PM Fri, Jan 24, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Fri, Jan 24, 2025 3:10 PM Fri, Jan 24, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Fri, Jan 24, 2025 4:40 PM Fri, Jan 24, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Fri, Jan 24, 2025 4:45 PM Fri, Jan 24, 2025 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Jan 27, 2025 3:10 PM Mon, Jan 27, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Jan 27, 2025 4:40 PM Mon, Jan 27, 2025 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Jan 27, 2025 6:30 PM Mon, Jan 27, 2025 7:45 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Jan 27, 2025 8:00 PM Mon, Jan 27, 2025 9:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Jan 28, 2025 3:10 PM Tue, Jan 28, 2025 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Tue, Jan 28, 2025 3:10 PM Tue, Jan 28, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Tue, Jan 28, 2025 4:30 PM Tue, Jan 28, 2025 6:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Tue, Jan 28, 2025 4:45 PM Tue, Jan 28, 2025 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Game Tue, Jan 28, 2025 6:30 PM Tue, Jan 28, 2025 8:30 PM
VIII-09
# R990 Status Approved Page 4 of 4
X:
Date:
Hastings High School
Customer Type: Tax Exempt
Customer ID: 23
Mailing Address: 200 General Sieben Drive, Hastings, MN
55033
Organization Phone 1 Number: (651) 480-7470
Authorized Agent Name: Trent Hanson
Cell Phone Number: (651) 480-7470
Email Address: thanson@hastings.k12.mn.us
X:
Date:
Hastings Civic Arena
Mailing Address: 920 10th Street W, Hastings, MN
55033
Phone Number: (651) 480-6195
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Wed, Jan 29, 2025 3:10 PM Wed, Jan 29, 2025 4:10 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Jan 29, 2025 3:10 PM Wed, Jan 29, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Wed, Jan 29, 2025 4:20 PM Wed, Jan 29, 2025 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Wed, Jan 29, 2025 6:30 PM Wed, Jan 29, 2025 8:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Jan 30, 2025 3:10 PM Thu, Jan 30, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Thu, Jan 30, 2025 3:10 PM Thu, Jan 30, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Thu, Jan 30, 2025 4:40 PM Thu, Jan 30, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Thu, Jan 30, 2025 4:45 PM Thu, Jan 30, 2025 5:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Fri, Jan 31, 2025 3:10 PM Fri, Jan 31, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Fri, Jan 31, 2025 4:45 PM Fri, Jan 31, 2025 5:45 PM
VIII-09
# R991 Status Approved Page 1 of 3
System User Jeff Elliott
Cell Phone Number (651) 480-7470
Email Address thanson@hastings.k12.mn.us
Agent Name Trent Hanson
Organization Phone 1
Number
(651) 480-7470Organization Name Hastings High School - 4
TypeCustomer Tax Exempt
Organization Address 200 General Sieben Drive
Hastings, MN 55033
Permit # R991
Status Approved
Date Mar 19, 2024 10:42 AM
Hastings Civic Arena
920 10th Street W
Hastings, MN 55033
PHONE:(651) 480-6195
Schedule
Schedules
RESOURCES NAME CENTER EVENT NAME START DATE/TIME END DATE/TIME
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Feb 3, 2025 3:10 PM Mon, Feb 3, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Feb 3, 2025 3:10 PM Mon, Feb 3, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Feb 3, 2025 4:40 PM Mon, Feb 3, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Girls Tue, Feb 4, 2025 3:10 PM Tue, Feb 4, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Tue, Feb 4, 2025 3:10 PM Tue, Feb 4, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Boys Tue, Feb 4, 2025 4:40 PM Tue, Feb 4, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Feb 5, 2025 3:10 PM Wed, Feb 5, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Feb 5, 2025 4:40 PM Wed, Feb 5, 2025 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Thu, Feb 6, 2025 3:10 PM Thu, Feb 6, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Thu, Feb 6, 2025 4:15 PM Thu, Feb 6, 2025 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Thu, Feb 6, 2025 6:30 PM Thu, Feb 6, 2025 8:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Feb 7, 2025 3:10 PM Fri, Feb 7, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Fri, Feb 7, 2025 3:10 PM Fri, Feb 7, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Feb 7, 2025 4:40 PM Fri, Feb 7, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Feb 10, 2025 3:10 PM Mon, Feb 10, 2025 4:30 PM
VIII-09
# R991 Status Approved Page 2 of 3
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Feb 10, 2025 3:10 PM Mon, Feb 10, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Feb 10, 2025 4:40 PM Mon, Feb 10, 2025 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Tue, Feb 11, 2025 3:10 PM Tue, Feb 11, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Tue, Feb 11, 2025 4:15 PM Tue, Feb 11, 2025 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Tue, Feb 11, 2025 6:30 PM Tue, Feb 11, 2025 8:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Feb 12, 2025 3:10 PM Wed, Feb 12, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Feb 12, 2025 4:40 PM Wed, Feb 12, 2025 5:50 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Thu, Feb 13, 2025 3:10 PM Thu, Feb 13, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Thu, Feb 13, 2025 4:15 PM Thu, Feb 13, 2025 6:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Thu, Feb 13, 2025 6:30 PM Thu, Feb 13, 2025 8:45 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Feb 14, 2025 3:10 PM Fri, Feb 14, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Fri, Feb 14, 2025 3:10 PM Fri, Feb 14, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Feb 14, 2025 4:40 PM Fri, Feb 14, 2025 5:50 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Sat, Feb 15, 2025 11:45 AM Sat, Feb 15, 2025 2:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Game Sat, Feb 15, 2025 2:00 PM Sat, Feb 15, 2025 4:15 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Feb 17, 2025 10:00 AM Mon, Feb 17, 2025 12:00 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Feb 17, 2025 3:10 PM Mon, Feb 17, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Mon, Feb 17, 2025 3:10 PM Mon, Feb 17, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Feb 18, 2025 3:10 PM Tue, Feb 18, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Tue, Feb 18, 2025 3:10 PM Tue, Feb 18, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Wed, Feb 19, 2025 3:10 PM Wed, Feb 19, 2025 4:30 PM
Civic Arena West Rink Hastings
Civic Arena
HS Girls Wed, Feb 19, 2025 3:10 PM Wed, Feb 19, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Thu, Feb 20, 2025 3:10 PM Thu, Feb 20, 2025 4:30 PM
VIII-09
# R991 Status Approved Page 3 of 3
X:
Date:
Hastings High School
Customer Type: Tax Exempt
Customer ID: 23
Mailing Address: 200 General Sieben Drive, Hastings, MN
55033
Organization Phone 1 Number: (651) 480-7470
Authorized Agent Name: Trent Hanson
Cell Phone Number: (651) 480-7470
Email Address: thanson@hastings.k12.mn.us
X:
Date:
Hastings Civic Arena
Mailing Address: 920 10th Street W, Hastings, MN
55033
Phone Number: (651) 480-6195
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Fri, Feb 21, 2025 3:10 PM Fri, Feb 21, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Mon, Feb 24, 2025 3:10 PM Mon, Feb 24, 2025 4:30 PM
Civic Arena McGree
East Rink
Hastings
Civic Arena
HS Boys Tue, Feb 25, 2025 3:10 PM Tue, Feb 25, 2025 4:30 PM
VIII-09
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Justin Fortney, City Planner
Date: November 18, 2024
Item: Signature – State Bond Grant Agreement - City Hall Project
COUNCIL ACTION REQUESTED
Council is requested to authorize signature of the attached General Obligation Bond Grant Agreement
outlining requirements and use of the funds.
BACKGROUND INFORMATION
The work is well under way, but reimbursement for authorized project expenditures cannot be
requested until the grant contract is complete. The grant contract application required a great deal of
documentation from contractors and city departments. Some of these items were not available until
recently.
Most of the project is complete. The scaffolding is being moved to the center cupola for roofing and
other metalwork replacement and rehabilitation similar to the completed corner sections. The
remaining work will begin in the spring and last the 2025 construction season. The new boilers are
online and heating both buildings from the Police Department.
ATTACHMENTS
- Grant Agreement (Signatures – Page 40)
VIII-10
Generic GO Bond Proceeds Ver – 10/26/20 Grant Agreement for Construction Grants
SPAP-20-0015-P-FY25
General Obligation Bond Proceeds
Grant Agreement - Construction Grant
for the
Hastings City Hall Repair
Project
VIII-10
Generic GO Bond Proceeds Ver – 10/26/20
Grant Agreement for Construction Grants i
TABLE OF CONTENTS
RECITALS ......................................................................................................................................1
Article I – DEFINITIONS Section 1.01 – Defined Terms ................................................................................................2
Article II - GRANT
Section 2.01 – Grant of Monies ..............................................................................................6 Section 2.02 – Public Ownership ............................................................................................6 Section 2.03 – Use of Grant Proceeds ....................................................................................7 Section 2.04 – Operation of the Real Property and Facility ...................................................8
Section 2.05 – Public Entity Representations and Warranties ................................................9
Section 2.06 – Ownership by Leasehold or Easement ..........................................................10 Section 2.07 – Event(s) of Default ........................................................................................14 Section 2.08 – Remedies .......................................................................................................14 Section 2.09 – Notification of Event of Default ...................................................................15
Section 2.10 – Survival of Event of Default .........................................................................15
Section 2.11 – Term of Grant Agreement .............................................................................16 Section 2.12 – Modification and/or Early Termination of Grant..........................................16 Section 2.13 – Excess Funds .................................................................................................16
Article III – USE CONTRACTS
Section 3.01 – General Provisions ........................................................................................17 Section 3.02 – Initial Term and Renewal..............................................................................19 Section 3.03 – Reimbursement of Counterparty ...................................................................19 Section 3.04 – Receipt of Monies Under a Use Contract .....................................................19
Article IV – SALE Section 4.01 – Sale ................................................................................................................20 Section 4.02 – Proceeds of a Sale .........................................................................................20
Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property ......................................................................22 Section 5.02 – Preservation of Tax Exempt Status ...............................................................22 Section 5.03 – Changes to G.O. Compliance Legislation or the
Commissioner’s Order ..................................................................................23
Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01 – The Advances................................................................................................23 Section 6.02 – Draw Requisitions .........................................................................................24
Section 6.03 – Additional Funds ...........................................................................................25
Section 6.04 – Conditions Precedent to Any Advance .........................................................25 Section 6.05 – Construction Inspections ...............................................................................27
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Generic GO Bond Proceeds Ver – 10/26/20
Grant Agreement for Construction Grants ii
Article VII- MISCELLANEOUS
Section 7.01 – Insurance .......................................................................................................27
Section 7.02 – Condemnation ...............................................................................................29 Section 7.03 – Use, Maintenance, Repair and Alterations ...................................................29 Section 7.04 – Records Keeping and Reporting ...................................................................30 Section 7.05 – Inspections by State Entity............................................................................31
Section 7.06 – Data Practices ................................................................................................31
Section 7.07 – Non-Discrimination ......................................................................................31 Section 7.08 – Worker’s Compensation ...............................................................................31 Section 7.09 – Antitrust Claims ............................................................................................31 Section 7.10 – Review of Plans and Cost Estimates .............................................................31
Section 7.11 – Prevailing Wages ..........................................................................................33
Section 7.12 – Liability .........................................................................................................33 Section 7.13 – Indemnification by the Public Entity ............................................................34 Section 7.14 – Relationship of the Parties ............................................................................34 Section 7.15 – Notices ..........................................................................................................35
Section 7.16 – Binding Effect and Assignment or Modification ..........................................35
Section 7.17 – Waiver ...........................................................................................................36 Section 7.18 – Entire Agreement ..........................................................................................36 Section 7.19 – Choice of Law and Venue.............................................................................36 Section 7.20 – Severability ...................................................................................................36
Section 7.21 – Time of Essence ............................................................................................36
Section 7.22 – Counterparts ..................................................................................................36 Section 7.23 – Matching Funds ............................................................................................36 Section 7.24 – Source and Use of Funds ..............................................................................37 Section 7.25 – Project Completion Schedule ........................................................................38
Section 7.26 – Third-Party Beneficiary ................................................................................38
Section 7.27 – Public Entity Tasks .......................................................................................38 Section 7.28 – State Entity and Commissioner Required Acts and Approvals. ......................................................................38 Section 7.29 – Applicability to Real Property and Facility ..................................................38
Section 7.30 – E-Verification ...............................................................................................38
Section 7.31 – Additional Requirements ..............................................................................38 Attachment I – DECLARATION ..................................................................................................41 Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY ..............................................43
Attachment III – SOURCE AND USE OF FUNDS ......................................................................44
Attachment IV – PROJECT COMPLETION SCHEDULE ..........................................................45
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Generic GO Bond Proceeds 1 Ver – 10/26/2020
Grant Agreement for Construction Grants
General Obligation Bond Proceeds Grant Agreement - Construction Grant for the
Hastings City Hall Repair
Project
THIS AGREEMENT shall be effective as of October 22 , 2020, and is between the City
of Hastings, a Minnesota municipal corporation and a Home Rule Charter City (the “Public
Entity”), and the Minnesota Department of Employment and Economic Development (the “State Entity”). RECITALS
A. Under the provisions contained in Minnesota State Statutes, Chapter 410 – Home Rule Charter Cities, the Public Entity has been given the authority to maintain, operate, construct, furnish, renovate, and equip the facilities at the Hastings City Hall and
B. Under the provisions contained in Minnesota Session Laws 2020, Fifth Special Session, Chapter 3, Article 1, Section 21, Subdivision 22, (the “G.O. Bonding Legislation”) the State of Minnesota has allocated $2,000,000 (the “G.O. Grant”), which is to be given to the Public Entity as a grant to assist it in the repairs, construction, and other capital improvements necessary for renovation of the historic City Hall in Hastings. This appropriation includes
money for repairs of the dome and roofing. HVAC improvements, repairs to the interior walls and exterior masonry of the building, site regrading, and project management as authorized by such legislation; and C. Under the provisions contained in Minnesota State Statutes, Chapter 410 –
Home Rule Charter Cities, the Public Entity has been given the authority to maintain, operate, construct, furnish, renovate and equip the existing facilities at the Hastings City Hall (the “Governmental Program”) and D. The monies allocated to fund the grant to the Public Entity are proceeds of state
general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota
Constitution; and E. The Public Entity’s receipt and use of the G.O. Grant to acquire an ownership interest in and/or improve real property (the “Real Property”) and, if applicable, structures situated
thereon (the “Facility”) will cause the Public Entity’s ownership interest in all of such real property
and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth 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 and dated July 30, 2012, as
amended (the “Commissioner’s Order”), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and
VIII-10
Generic GO Bond Proceeds 2 Ver – 10/26/2020
Grant Agreement for Construction Grants
structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures.
F. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Public Entity, and the operation of the Real Property and, if applicable, Facility.
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 out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise:
“Advance(s)” – means an advance made or to be made by the State Entity to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means this General Obligation Bond Proceeds Grant Agreement -
Construction Grant for the Hastings City Hall Repair Project, as such exists on its original
date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or
will used to acquire an ownership interest in or improve the Real Property and, if applicable,
Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts.
“Architect”, if any - means Kelly Mastin, Architect, Miller Dunwiddie, which will administer the Construction Contract Documents on behalf of the Public Entity. “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 of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof.
“Commissioner’s Order” - means that certain “Fourth Order Amending Order of the
Commissioner of Finance Relating to Use and Sale of State Bond Financed Property”
VIII-10
Generic GO Bond Proceeds 3 Ver – 10/26/2020
Grant Agreement for Construction Grants
executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended.
“Completion Date” – means December 31, 2025 the date of projected completion of the Project. “Contractor” - means any person engaged to work on or to furnish materials and
supplies for the Construction Items including, if applicable, a general contractor.
“Construction Contract Documents” - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or
supplements thereto, which collectively form the contract between the Public Entity and the
Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” – means the work to be performed under the Construction
Contract Documents.
“Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property,
and if applicable, Facility. For all other circumstances this definition is not needed and
should be ignored and treated as if it were left blank, and any reference to this term in this
Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in
Attachment I to this Agreement and all amendments thereto, indicating that the Public
Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby.
“Draw Requisition” - means a draw requisition that the Public Entity, or its designee,
submits to the State Entity when an Advance is requested, as referred to in Section 6.02. “Event of Default” - means one or more of those events delineated in Section 2.07.
“Facility”, if applicable, - means Hastings City Hall, which is located, or will be
constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the G.O. Grant. “Fair Market Value” – means either (i) the price that would be paid by a willing and
qualified buyer to a willing and qualified seller as determined by an appraisal that assumes
that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public
VIII-10
Generic GO Bond Proceeds 4 Ver – 10/26/2020
Grant Agreement for Construction Grants
bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and
released at the time of acquisition by the purchaser.
“G.O. Bonding Legislation” – means the legislation delineated in Recital B hereinabove as the G.O. Bonding Legislation.
“G.O. Bonds” - means that portion of the state general obligation bonds issued under
the authority granted in Article XI, § 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the G.O. Grant and any bonds issued to refund or replace such bonds. “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695 as such may
subsequently be amended, modified or replaced from time to time unless such amendment,
modification or replacement imposes an unconstitutional impairment of a contract right. “G.O. Grant” - means a grant of monies from the State Entity to the Public Entity in the amount identified as the “G.O. Grant” in Recital B to this Agreement, as the amount
thereof may be modified under the provisions contained herein.
“Governmental Program” – means the operation of the Real Property and, if applicable, Facility for the purpose specified and identified in Recital C of this Agreement as the Governmental Program.
“Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is
not bound by any specific amount of such alleged costs unless he/she has consented, in
writing, to such amount. “Inspecting Engineer”, if any - means the State Entity's construction inspector, or its designated consulting engineer.
“Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way
of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For
all other circumstances this definition is not needed and should be ignored and treated as if
it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist.
“Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement
Premises. This definition is only needed and only applies if the Public Entity’s ownership
interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold
VIII-10
Generic GO Bond Proceeds 5 Ver – 10/26/2020
Grant Agreement for Construction Grants
interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist. “Outstanding Balance of the G.O. Grant” – means the portion of the G.O. Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously
paid back to the Commissioner of MMB.
“Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal
or by such other manner as may be acceptable to the State Entity and the Commissioner of
MMB. The parties hereto agree and acknowledge that such value is $1,490,900 or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the
Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be
selected and checked when a portion of the funds delineated in Attachment III attached
hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value).
“Project” - means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Public Entity is not using any portion of the G.O. Grant to acquire the ownership interest denoted in Section 2.02, then this
definition for Project shall not include the acquisition of such ownership interest, and the
value of such ownership interest shall not be included in Attachment III hereto and instead
shall be included in the definition for Ownership Value under this Section.) “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 Attachment II to this Agreement.
“Real Property/Facility Lease” - means a long-term lease of the Real Property, the
Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is
only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
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“State Entity” - means the entity identified as the “State Entity” in the lead-in paragraph of this Agreement.
“Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of
which has been established by way of written documentation that is acceptable to and
approved, in writing, by the State Entity and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property
and/or, if applicable, Facility. This definition is only needed and only applies if the Public
Entity enters into an agreement with another party under which such other party will operate
the Real Property and/or, if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist.
“Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.X, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the
effective date of this Agreement for Facilities that are situated on the Real Property as of the
date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered.
Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the G.O. Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement.
The G.O. Grant is not intended to be a loan even though the portion thereof that is disbursed may
need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the G.O. Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real
Property and, if applicable, Facility must be owned by one or more public entities. Such ownership
may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all
easements necessary for the operation, maintenance and management of the Real Property and, if
applicable, Facility in the manner specified in Section 2.04:
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(Check the appropriate box for the Real Property and, if applicable, for the Facility.)
Ownership Interest in the Real Property.
x Fee simple ownership of the Real Property.
A Real Property/Facility Lease for the Real Property that complies with the
requirements contained in Section 2.06.
(If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.)
x An easement for the Real Property that complies with the requirements
contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.)
Ownership Interest in, if applicable, the Facility.
x Fee simple ownership of the Facility.
A Real Property/Facility Lease for the Facility that complies with all of the
requirements contained in Section 2.06.
(If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ______________.)
Not applicable because there is no Facility.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the G.O. Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the G.O. Grant for any other purpose.
(Check all appropriate boxes.)
Acquisition of fee simple title to the Real Property.
Acquisition of a leasehold interest in the Real Property.
Acquisition of an easement for the Real Property.
x Improvement of the Real Property.
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Acquisition of fee simple title to the Facility.
Acquisition of a leasehold interest in the Facility.
Construction of the Facility.
x Renovation of the Facility.
«17» .
(Describe other or additional purposes.)
Section 2.04 Operation of the Real Property and Facility. The Real Property and, if
applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real
Property and, if applicable, Facility to be used for the operation of the Governmental Program or for such other use as the Minnesota legislature may from time to time designate, and for no other purposes or uses.
The Public Entity may enter into Use Contracts with Counterparties for the operation of all
or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03.
The Public Entity must, whether it is operating the Real Property and, if applicable, Facility
or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the
Commissioner of MMB.
For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it
has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will
annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget.
For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program,
(ii) it will require the Counterparty to provide an initial program budget and annual program
budgets that clearly show that forecast program revenues along with other funds available for the
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operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to
determine if such budget clearly and accurately shows that the forecast program revenues along
with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program
(from all sources) will be equal to or greater than forecast program expenses, and require the
Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such
budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies
of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows:
A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, 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 G.O. Grant for the purpose or purposes described in
Recital B of this Agreement. C. It has legal authority to operate the Governmental Program.
D. This Agreement, the Declaration, 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 respective terms. E. It will comply with all of the terms, conditions, provisions, covenants,
requirements, and warranties in this Agreement, the Declaration, and all other documents
referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the G.O. Bonding
Legislation.
G. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any
of the G.O. Grant is and will be true and correct.
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H. 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 and, if applicable, Facility, 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 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 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 term, 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 and, if applicable, Facility 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 will be completed in full compliance with all applicable laws, statutes, 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. All applicable licenses, permits and bonds required for the operation of the Real
Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or
will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and
managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations
issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract.
P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the State Entity 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
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Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided,
however, the State Entity and the Commissioner of MMB will consent to any such lien or
encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility
in accordance with the requirements imposed under Section 2.04 and will be included in and
as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04.
R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest.
S. It does not reasonably expect to receive payments under a Use Contract in excess
of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt.
T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the G.O. Grant to complete and fully pay for the Project. U. The Construction Items will be completed substantially in accordance with the
Construction Contract Documents by the Completion Date, and all such items along with, if
applicable, the Facility will be situated entirely on the Real Property. V. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract
Documents.
W. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the
recording information.
X. The Useful Life of the Real Property and, if applicable, Facility is 30 years. Y. It shall furnish such satisfactory evidence regarding the representations and
warranties described herein as may be required and requested by either the State Entity or
the Commissioner of MMB.
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Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by
way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is
not needed and should be ignored and treated as if it were left blank, and any reference to this
Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following
provisions.
1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and
authorization by the Commissioner of MMB.
2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law.
3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into.
4. It must not contain any requirements or obligations of the Public Entity that
if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance
with the requirements imposed under Section 2.04.
6. It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04.
7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, 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
against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real
Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such
holder subordinates such lien or encumbrance to the Real Property/Facility Lease or
easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real
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Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement.
8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement.
9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the
Real Property/Facility Lease or easement. Provided, however, it may contain a
provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee.
10. It must allow for a transfer thereof in the event that the lessee under the Real
Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest.
11. It must contain a provision that prohibits and prevents the sale of the
underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12. The Public Entity must be the lessee under the Real Property/Lease or
grantee under the easement.
B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this
Section.
C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the G.O. Grant, and upon such expiration the Public Entity’s ownership interest in the Real
Property and, if applicable, Facility shall no longer be subject to this Agreement.
D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is
applicable, the Real Property/Facility Lease or easement or a short form or memorandum
thereof.
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Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this
Agreement upon either the State Entity 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 State Entity and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this
Agreement, in any Draw Requisition, in any other document furnished pursuant to this
Agreement, or in order to induce the State Entity to disburse any of the G.O. 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, term, condition,
covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition,
covenant or warranty contained in the G.O. Compliance Legislation, the Commissioner’s
Order, or the G.O. Bonding Legislation. D. If the Public Entity fails to complete the Project, or cause the Project to be completed, by the Completion Date.
E. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. F. If the Public Entity fails to record the Declaration and deliver copies thereof as set
forth in Section 2.05.W.
Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of
MMB giving the Public Entity written notice of such event.
Section 2.08 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 State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies.
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A. The State Entity may refrain from disbursing the G.O. Grant; provided, however, the State Entity 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 than the provisions of Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding
Balance of the G.O. 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 of 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 State Entity 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 State Entity 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 contained in 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 State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set
against any aids or other monies that the Public Entity is entitled to receive from the State of
Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity 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 2.10 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 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11.
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Section 2.11 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 and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility 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 and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the Project is not
started on or before the date that is 5 years from the effective date of this Agreement or all of the
G.O. Grant has not been disbursed as of the date that is 4 years from the date on which the Project is started, or such later dates to which the Public Entity and the State Entity may agree in writing, then the State Entity’s obligation to fund the G.O. Grant shall terminate. In such event, (i) if none of the G.O. Grant has been disbursed by such dates then the State Entity’s obligation to fund any
portion of the G.O. Grant shall terminate and this Agreement shall terminate and no longer be of
any force or effect, and (ii) if some but not all of the G.O. Grant has been disbursed by such dates then the State Entity shall have no further obligation to provide any additional funding for the G.O. Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the G.O. Grant that was actually disbursed as of such date. This provision
shall not, in any way, affect the Public Entity’s obligation to complete the Project by the
Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance
with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of
such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity 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 and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the G.O. Grant and any matching funds
referred to in Section 7.23 are not needed to complete the Project, then, unless language in the
G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed.
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Article III USE CONTRACTS
This Article III and its contents is only needed and only applies if the Public Entity enters into an
agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and its contents are not needed and should be ignored and treated as if it were left blank, and any reference to this
Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated
as if the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and,
if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into
must comply with the following requirements: A. The purpose for which it was entered into must be to operate the Governmental Program in the Real Property and, if applicable, Facility.
B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute.
C. It must contain a provision stating that it is being entered into in order for the
Counterparty to operate the Governmental Program and must describe such program. D. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty
to provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year
that the Counterparty will operate the Governmental Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the Governmental Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal
year, and (iii) a mechanism under which the Public Entity will annually determine that the
Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the Governmental Program. E. It must allow for termination by the Public Entity in the event of a default
thereunder by the Counterparty, or in the event that the Governmental Program is terminated
or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. F. It must terminate upon the termination of the statutory authority under which the
Public Entity is operating the Governmental Program.
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G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use
Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay
such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use
Contract does not result in “private business use” under Section 141(b) of the Code.
I. It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect.
J. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB 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 income taxation.
K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, 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 against the Real
Property or, if applicable, Facility, the Public Entity’s ownership interest in the Real Property
or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or
burden the funds needed to operate the portion of the Real Property and, if applicable,
Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s
ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for
capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the G.O. Grant exceeds $200,000.00, then it must contain a
provision requiring the Counterparty to list any vacant or new positions it may have with
state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M. It must contain a provision that clearly states that the Public Entity is not required
to renew the Use Contract beyond the original term thereof and that the Public Entity may,
at its sole option and discretion, allow the Use Contract to expire at the end of its original term and thereafter directly operate the governmental program in the Real Property and, if
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applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and, if applicable, Facility.
Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity’s ownership interest in the Real Property and, if
applicable, Facility.
A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the Governmental Program and that the
Counterparty is suited and able to perform the functions contained in Use Contract that is to be
renewed, (c) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d) no such renewal may occur prior to the date that is 6 months prior to the date on
which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything
to the contrary contained herein the Public Entity’s voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a
provision that directly or indirectly requires the Public Entity to renew such Use Contract.
Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the
acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the
Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not
anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity does receive any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest,
redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies
must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of
which is the G.O. Grant and the denominator of which is sum of the G.O. Grant and the Approved
Debt.
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Article IV SALE
Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully.
A. The Public Entity determines, by official action, that such ownership interest is
no longer usable or needed for the operation of the Governmental Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose.
B. The sale is made as authorized by law. C. The sale is for Fair Market Value.
D. The written consent of the Commissioner of MMB has been obtained.
The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a
lender that has provided monies for the acquisition of the Public Entity’s ownership interest
in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such
acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or
disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02.
The Public Entity may participate in any public auction of its ownership interest in the Real
Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the Governmental Program.
Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest
in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable,
Facility, shall be disbursed in the following manner and order.
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A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the G.O. Grant, and if the amount of such net proceeds shall be
less than the amount of the Outstanding Balance of the G.O. Grant then all of such net
proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity
for its Ownership Value, and (iii) to pay interested public and private entities, other than any
such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not
sufficient to reimburse interested public and private entities for the full amount that such
entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing and if such entities cannot agree by an appropriately issued court order.
C. The remaining portion, after the distributions specified in Sections 4.02.A and B,
shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public
and private entities made to the acquisition and betterment of the Real Property and, if
applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the
Public Entity may direct its distribution to be made to any other entity including, but not limited
to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent.
The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the G.O. Grant.
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Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed
property”, as such term is used in the G.O. Compliance Legislation 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 and, if applicable, Facility and any Use Contracts relating thereto.
Section 5.02 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, if applicable, Facility, or use or invest the G.O. 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 G.O. 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 G.O. 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 G.O. 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, as amended
by Rev. Proc 2016-44 and Rev. Proc. 2017-13, or (iii) changing the nature of the use of the
Real Property or, if applicable, Facility 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.
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E. It will not otherwise use any of the G.O. 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, omit 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 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order.
In the event that 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 or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public
Entity the State Entity 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 and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI
DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the G.O. Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the G.O. Grant. If the amount of
G.O. Grant that the State Entity cumulatively disburses hereunder to the Public Entity is less than
the amount of the G.O. Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the G.O. Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity’s
obligation to make Advances shall terminate as of the dates specified in such Section even if the
entire G.O. Grant has not been disbursed by such dates. Advances 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 G.O. Bonding Legislation, or (iii) have
otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 7.23. Therefore, the cumulative amount of all Advances disbursed
by the State Entity at any point in time shall not exceed the portion of the Project that has been
completed and the percentage of the matching funds required, if any, under Section 7.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas:
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Formula #1 Cumulative Advances < (G.O. Grant) × (percentage of matching funds, if any, required
under Section 7.23 that have been disbursed)
Formula #2 Cumulative Advances < (G.O. Grant) × (percentage of Project completed)
Section 6.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of
a portion of the G.O. Grant, which shall be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition shall be submitted on or between the 1st day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7
calendar days before the date the Advance is desired. Each Draw Requisition with respect to
construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the State Entity, less (iii) any applicable
retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by the State Entity unless the Public Entity shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity
has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw
Requisition or to substantiate all payments then made with respect to the Project.
At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Real Property and, if applicable, Facility and correction of material defects
in workmanship or materials (other than the completion of punch list items) as provided in the
Construction Contract Documents, the Public Entity shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal
or other governmental authorities having jurisdiction has been duly inspected and approved by
such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of
this Agreement and the State Entity approves the relevant Draw Requisition and receives a current
construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Public Entity.
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Section 6.03 Additional Funds. If the State Entity shall at any time in good faith
determine that the sum of the undisbursed amount of the G.O. Grant plus the amount of all other
funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the State Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will,
within 10 calendar days of receipt of any such notice, supply or have some other entity supply the
amount of funds specified in the State Entity's notice. Section 6.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following
conditions precedent:
A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the G.O. Grant delineated in Section
1.01.
B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded
and delivered to the State Entity.
C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the
Declaration are binding on and enforceable against the Public Entity.
D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith.
E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23.
F. The State Entity shall have received evidence, in form and substance acceptable to
the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to
the State Entity, that the Real Property and, if applicable, Facility, and the contemplated use
thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by
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law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover.
H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other 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. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary
for the operation of the Real Property and, if applicable, Facility in the manner specified in
Section 2.04 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.
J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04.
K. The State Entity shall have received evidence, in form and substance acceptable to
the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to
the State Entity, that the insurance requirements under Section 7.01 have been satisfied.
M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn.
Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such
evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required,
received a recommendation by the Chairs of the Minnesota State Senate Finance Committee
and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section
7.10.G.
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N. 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.
O. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing
to all laborers and materialmen who worked on the Construction Items or supplied materials
therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the State Entity and the Public Entity dual obligees thereunder, or such
other evidence as may be acceptable to the Public Entity and the State Entity.
P. No determination shall have been made by the State Entity that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a
determination has been made and notice thereof sent to the Public Entity under Section 6.03,
then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the State Entity that sufficient funds are available.
Q. The Public Entity has supplied to the State Entity all other items that the State
Entity may reasonably require. Section 6.05 Construction Inspections. The Public Entity and the Architect, if any, shall be responsible for making their own inspections and observations of the Construction Items, and
shall determine to their own satisfaction that the work done or materials supplied by the
Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. If any work done or materials supplied by a Contractor are not satisfactory to the Public Entity or the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect,
then the Public Entity shall immediately notify the State Entity, in writing. The State Entity and
the Inspecting Engineer, if any, may conduct such inspections of the Construction Items as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer, if any, are made and all certificates issued by the Inspecting Engineer, if any, will be issued solely for the benefit and
protection of the State Entity, and the Public Entity will not rely thereon.
Article VII MISCELLANEOUS
Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership
interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted,
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maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State
Entity under which the State Entity and the Public Entity are named as loss payees. If damages
which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility
and portion of the Real Property associated therewith in accordance with the provisions contained
in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions
contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and
Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a
reasonable time period from the date the damage occurred and the cumulative sum of the insurance
proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity.
The State Entity agrees to and will assign or pay over to the Public Entity all insurance
proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding
the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity
named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible
for the providing of such insurance in the event that the Counterparty fails to provide or maintain
such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium
receipts received by the Public Entity regarding the required insurance, or certificates of insurance
evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an
equivalent nature and any funds expended by the State Entity to obtain or maintain such insurance
shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed
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by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain
such insurance, and the State Entity’s decision to not obtain or maintain such insurance shall not
lessen the Public Entity’s duty to obtain and maintain such insurance. Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility
is condemned to an extent that the Public Entity can no longer comply with the provisions
contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided
whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion
of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership
interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be
credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then 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 the provisions contained in Section 4.02, 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 condemnation awards or proceeds referred to herein, the State Entity
agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds.
Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i)
keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged
or destroyed thereon and pay when due all claims for labor performed and materials furnished
therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v)
comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership
interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable,
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Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property
and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement
or use contract. The Public Entity shall not, without the written consent of the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable,
Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish
or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the Governmental Program thereon or therein, (c) do any act or thing which
would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d)
abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the G.O. Grant unless the same are immediately replaced with like property of at least equal value
and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if
applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform
whatever acts and expend whatever funds that are necessary to so maintain the Real Property and,
if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing
contained herein, including but not limited to this Section, shall require the State Entity to take any
action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be
due and payable on demand by the State Entity and bear interest from the date of advancement by
the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause
to be maintained books, records, documents and other evidence pertaining to the costs or expenses
associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the G.O. Bonding Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State
Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of
Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles
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in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and
placed into operation, and (ii) all of such items that relate to the operation of the Real Property
and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the
Public Entity shall allow and will require any entity to whom it leases, subleases, or enters into a
Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it
possesses regarding the G.O. Grant, the Project, or the operation of the Real Property and, if
applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time.
Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist
as of the date of this Agreement and as such may subsequently be amended, modified or replaced
from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and
176.182, as they may be amended, modified or replaced from time to time, with respect to the
Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided
with respect to the Project, and operation or management of the Real Property and, if applicable,
Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply
with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it
may be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity agrees to comply with the following provisions and requirements if such provisions and requirements are applicable.
A. The Public Entity shall provide all information that the State Entity may request
in order for the State Entity to determine that the Project will comply with the provisions and
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requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time.
B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate
that the Project has been analyzed according to appropriate space and needs standards. Any
substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to
an existing building, a substantial change to the interior configuration of an existing building,
or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means
Committee and the chairs have made their recommendations, and it has notified the Chair
and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have
arisen since the appropriation from the legislature for the Project was enacted or which differ
from any previous predesign submittal. D. The Public Entity must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees of any
significant changes to the program plan and cost estimates referred to in Section 7.10.C. E. The program plan and cost estimates referred to in Section 7.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in
law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or
replaced from time to time, and all rules adopted thereunder. F. If any of the G.O. Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.10.B and the program plan
and cost estimates referred to in Section 7.10.C must include provisions for cost-effective
information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations.
G. If the Project does not involve the construction of a new building, substantial
addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project
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the Public Entity shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees that the work
to be performed is ready to begin. H. The Project must be: (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the
time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed
within the budgets contained in the cost estimates referred to in Section 7.10.C. Provided, however, the provisions and requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to
the demolition or decommissioning of state assets, hazardous material projects, utility
infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater
retention systems, water access sites, harbors, sewer separation projects, water and wastewater
facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost
of less than $750,000.00.
Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified
or replaced from time to time with respect to the Project and the operation of the Governmental
Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the Governmental Program on or in the Real Property and, if applicable, Facility.
Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject
to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced
from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of
the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466.
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Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of
the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State
Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages
to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others
(including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or
commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the
Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from
all claims arising out of, resulting from, or in any manner attributable to any violation by the Public
Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06.
The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried
by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained 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 State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable,
Facility.
The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity
or other persons while engaging in the performance of this Agreement, the Project, or the operation
and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, 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 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 State Entity, the Commissioner of MMB, or the State of Minnesota.
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Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, 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 7.15 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 Planner 101 4th Street East Hastings, MN 55033
Attention: Justin Fortney or successor
To the State Entity at: Minnesota Department of Employment and Economic Development
1850 East Fifth Street St. Paul, MN 55101 Attention: Community Finance 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 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor
the State Entity 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 Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed.
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Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, 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 term or provision
hereof, nor the failure of the Public Entity, the State Entity, 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 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 State Entity, 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 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if
any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof.
Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction,
performance, or enforcement of this Agreement 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 7.20 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 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 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 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: $ 0.00
Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of
MMB may request to substantiate the availability and source of any matching funds, and the source
and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB.
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Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity
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 detailing all of the major elements that make up such
total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories:
(i) State funds including the G.O. Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and
amount of such funds.
(iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such 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.
Previously paid project expenses that are to be reimbursed and paid from proceeds of the
G.O. 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, then the Public Entity must provide to the State Entity 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 State Entity or the Commissioner of MMB may request to support or explain any of the information
contained in Attachment III.
The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value
should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III.
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The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the G.O. Bonding Legislation, be provided by either the Public Entity or
a Counterparty under a Use Contract.
Section 7.25 Project Completion Schedule. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project.
Section 7.26 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement.
Section 7.27 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 7.28 State Entity and Commissioner Required Acts and Approvals. The State Entity 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 7.29 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that
this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement
will only apply to the Public Entity’s ownership interest in the Real Property. Section 7.30 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 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 statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.31 Additional Requirements. The Public Entity and the State Entity 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. The Public Entity shall submit annual and other reports that the State Entity requests on
forms provided by the State Entity.
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Conflict of Interest. The State will take steps to prevent individual and organizational conflicts of interest in reference to Grantees per Minn.Stat.§16B.98 and Department of Administration,
Office of Grants Management, Policy Number 08-01 Conflict of Interest Policy for State Grant-
Making. When a conflict of interest concerning State grant-making is suspected, disclosed, or discovered, transparency shall be the guiding principle in addressing it. In cases where a potential or actual individual or organizational conflict of interest is suspected, disclosed, or discovered by the Grantee throughout the life of the grant agreement, they must
immediately notify the State for appropriate action steps to be taken, as defined above.
The Grantee must complete a Conflict of Interest Disclosure agreement and attach it to their proposal.
[THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
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IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the Hastings City
Hall Repair Project on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY:
City of Hastings, a Minnesota Municipal Corporation______
By: Mary Fasbender Its: Mayor
Dated: __________________, _____
And: _______ Kelly Murtaugh___ Its: City Clerk
Dated: __________________, _____
STATE ENTITY:
Minnesota Department of Employment and Economic Development,
By:
Kevin McKinnon
Its: Deputy Commissioner
Dated: __________________, _____
Minnesota Department of Employment and Economic
Development, encumbrance verification
By: ____ Robin Culbertson
Its: Contract Coordinator
Date Encumbered:
(Individual signing, certified that funds have been
encumbered as required by MN Statutes 16A.15 and
16C.050.
11/12/24
259866 PR 60917 PO 3-586742
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Attachment I to Grant Agreement State of Minnesota
General Obligation Bond Financed DECLARATION 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, the “Restricted Property”):
(Check the appropriate box.)
a fee simple title,
a lease, or
an easement,
and as owner of such fee title, lease 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.
§ 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 that certain___________________________ between , ______________and _______________________, dated _________, _____.
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed 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 __________________________________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.
(SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT WAS DRAFTED BY.)
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Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY
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Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY
PID – 19-32150-20-010 Block 20, Town of Hastings, Dakota County, Minnesota according to the recorded Plat thereof.
Dakota County, Minnesota Abstract Property
LEGAL DESCRIPTION OF RESTRICTED PROPERTY The South 185 feet of the West 193 feet of Block 20, Town of Hastings, Dakota County, Minnesota according to the recorded Plat thereof.
Dakota County, Minnesota Abstract Property
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Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount
State G.O. Funds Ownership Acquisition
G.O. Grant $2,000,000.00 and Other Items Paid for
with G.O. Grant Funds
Other State Funds Purchase of Ownership $__________
MN Hist. Society $_ 212,187.00 Interest
____________ $__________ Other Items of a Capital
____________ $__________ Nature
Subtotal $2,212,187.00
_Design___ $ 49,192.00
Matching Funds _Construction_ $__1,950,808.00
City of Hastings $__________ Subtotal $_ 2,000,000.00
City of Hastings $__________
Subtotal $__________ Items Paid for with
Non- G.O. Grant Funds
Other Public Entity Funds Predesign ___ $__ _25,435.65
City of Hastings $ 282,554.72 Masonry Restoration $ ___494,741.72
City of Hastings $___25,435.65 Construction $ 2,377,778.09
Subtotal $ _ 307,990.37 Design Costs $ 121,021.54
Subtotal $ 3,018,977.00
Loans
____________ $__________
____________ $__________
Subtotal $__________
Other Funds
_City Contribution $_2,498,799.63
____________ $_______ ___
Subtotal $_2,498,799.63
Prepaid Project Expenses
____________ $__________
____________ $__________
Subtotal $__________
TOTAL FUNDS $ 5,018,977.00 TOTAL PROJECT COSTS $ 5,018,977.00
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Attachment IV to Grant Agreement PROJECT COMPLETION SCHEDULE
Hasting - City Hall Repair
Activity Begin Date Completion Date
Predesign June 2021 December 2021 Design January 2022 June 2022
Construction April 2023 31 December 2025
Masonry Repair (99%) August 2018 June 2019 Masonry Repair of the Dome Base (1%) April 2023 31 December 2025
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Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #1 Amount
1 INSTALL CIPP LATERAL CONNECTION ON UP TO 6" SERVICE (5 TO 25 LF) EA 10 $12,000.00 120,000.00$ 10 120,000.00$ -$ 10 120,000.00$
2 CEMENTITIOUS MANHOLE LINING LF 101 $745.00 75,245.00$ 101 75,245.00$ -$ 101 75,245.00$
3 4" CIPP LATERAL SERVICE LINING (END OF LATERAL CONNECTION TO HOME)LF 327 $10.00 3,270.00$ 305 3,050.00$ -$ 305 3,050.00$
4 LINING SEWER PIPE 8" LF 502 $80.00 40,160.00$ 502 40,160.00$ -$ 502 40,160.00$
$238,675.00
This Period Total to Date
$238,455.00 $238,455.00
PROJECTS:
2024-2 Sanitary Sewer Rehabilitations
SUBTOTALS: $238,455.00 $238,455.00
CONTRACT AMOUNT TOTAL TO DATE PREVIOUS COMPLETED CURRENT PERIOD
COMPLETED
Total To Date Previous Completed This Pay Period
Request For Payment
Date: 11/1/2024
Project: 2024 Sanitary Sewer Rehabilitations
Contractor: Musson Bros. Inc.
Request Number: 1
Payment Period: 10/1/2024 - 10/31/2024
ITEM
NO. DESCRIPTION UNIT
CONTRACT AMOUNTS
Hastings Project 2024-2 2024 Sanitary Sewer Rehabilitations Page 1 of 2
VIII-11
11/6/24
VIII-11
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #5
Quantity Amount
1 MOBILIZATION LS 1 131,050.00$ 131,050.00$ 1.0 131,050.00$ 0.9 117,945.00$ 0.1 13,105.00$
2 CLEARING TREE 16 1,000.00$ 16,000.00$ 17 17,000.00$ 17.0 17,000.00$ -$
3 GRUBBING TREE 20 200.00$ 4,000.00$ 20 4,000.00$ 20.0 4,000.00$ -$
4 REMOVE EXISTING GATE VALVE EA 9 150.00$ 1,350.00$ 9 1,350.00$ 9.0 1,350.00$ -$
5 REMOVE EXISTING HYDRANT & GATE VALVE EA 7 350.00$ 2,450.00$ 7 2,450.00$ 7.0 2,450.00$ -$
6 REMOVE EXISTING STORM SEWER STRUCTURE (ALL DEPTHS & SIZES) EA 39 450.00$ 17,550.00$ 39 17,550.00$ 39.0 17,550.00$ -$
7 REMOVE EXISTING SANITARY MANHOLE EA 13 550.00$ 7,150.00$ 13 7,150.00$ 13.0 7,150.00$ -$
8 REMOVE EXISTING CONCRETE PEDESTRIAN RAMP EA 5 300.00$ 1,500.00$ 5 1,500.00$ 5.0 1,500.00$ -$
9 SALVAGE AND REINSTALL MAILBOX EA 70 225.00$ 15,750.00$ 70 15,750.00$ 32.0 7,200.00$ 38 8,550.00$
10 SAWCUT EXISTING BITUMINOUS PAVEMENT LF 443 3.00$ 1,329.00$ 443 1,329.00$ 200.0 600.00$ 243 729.00$
11 SAWCUT EXISTING CONCRETE PAVEMENT LF 25 8.00$ 200.00$ -$ -$ -$
12 REMOVE CONCRETE CURB & GUTTER LF 7275 3.00$ 21,825.00$ 7275 21,825.00$ 7275.0 21,825.00$ -$
13 REMOVE EXISTING STORM SEWER PIPE (ALL DEPTHS & SIZES) LF 832 15.00$ 12,480.00$ 832 12,480.00$ 832.0 12,480.00$ -$
14 REMOVE CONCRETE SIDEWALK SY 39 10.00$ 390.00$ 31 310.00$ 31.0 310.00$ -$
15 REMOVE CONCRETE DRIVEWAY SY 2650 6.30$ 16,695.00$ 2227 14,030.10$ 2227.0 14,030.10$ -$
16 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 300 3.00$ 900.00$ 417 1,251.00$ 42.0 126.00$ 375 1,125.00$
17 REMOVE BITUMINOUS PAVEMENT SY 14850 3.00$ 44,550.00$ 14850 44,550.00$ 14850.0 44,550.00$ -$
18 SALVAGE AND REINSTALL SEGMENTAL BLOCK RETAINING WALL SF 90 50.00$ 4,500.00$ 90 4,500.00$ -$ 90 4,500.00$
19 SALVAGE AND REINSTALL DRIVEWAY PAVERS SF 25 80.00$ 2,000.00$ 25 2,000.00$ -$ 25 2,000.00$
20 SUBGRADE PREPARATION OF RECLAIMED SURFACE SY 16800 1.50$ 25,200.00$ 16800 25,200.00$ 16800.0 25,200.00$ -$
21 COMMON EXCAVATION (EV) CY 2910 15.00$ 43,650.00$ 2910 43,650.00$ 2910.0 43,650.00$ -$
22 COMMON EXCAVATION TRAIL (EV) CY 500 20.00$ 10,000.00$ 500 10,000.00$ 500.0 10,000.00$ -$
23 HAUL EXCESS RECLAIM MATERIAL (LV) CY 1401 10.00$ 14,010.00$ 1401 14,010.00$ 1401.0 14,010.00$ -$
24 SUBGRADE CORRECTION (EV) CY 1200 7.00$ 8,400.00$ 607 4,249.00$ 607.0 4,249.00$ -$
25 SALVAGE AND PLACE RECLAIMED BASE MATERIAL (CV) CY 900 10.00$ 9,000.00$ 370 3,700.00$ 370.0 3,700.00$ -$
26 CRUSHED ROCK BORROW MATERIAL (LV) CY 1200 1.00$ 1,200.00$ 115 115.00$ 115.0 115.00$ -$
27 GRANULAR PIPE BEDDING (LV) CY 50 30.00$ 1,500.00$ -$ -$ -$
28 SALVAGE AGGREGATE FROM STOCKPILE (MILLINGS) CY 50 18.00$ 900.00$ -$ -$ -$
29 AGGREGATE BASE CLASS 5 (STREET) TON 5040 18.00$ 90,720.00$ 6880 123,840.00$ 6880.0 123,840.00$ -$
30 AGGREGATE BASE CLASS 5 (TRAIL OR WALK) TON 650 24.00$ 15,600.00$ 961 23,064.00$ 961.0 23,064.00$ -$
31 JOINT ADHESIVE LF 15931 0.60$ 9,558.60$ 15931 9,558.60$ -$ 15931 9,558.60$
32 FULL DEPTH PAVEMENT RECLAMATION - 8-10 INCHES SY 16800 0.50$ 8,400.00$ 16800 8,400.00$ 16800.0 8,400.00$ -$
33 BITUMINOUS MATERIAL FOR TACK COAT GAL 3743 1.00$ 3,743.00$ 1915 1,915.00$ 140.0 140.00$ 1775 1,775.00$
34 TYPE SP 12.5 WEARING COURSE MIX (2,B) 3.0" THICK (DRIVEWAYS) SY 350 42.00$ 14,700.00$ 467 19,614.00$ 42.0 1,764.00$ 425 17,850.00$
35 TYPE SP 12.5 WEARING COURSE MIX (3,C) TON 3506 75.25$ 263,826.50$ 3255 244,938.75$ -$ 3255 244,938.75$
36 TYPE SP 12.5 NON WEAR COURSE MIX (3,C) TON 3506 75.25$ 263,826.50$ 3586 269,846.50$ 2066.0 155,466.50$ 1520 114,380.00$
37 TYPE SP 12.5 WEARING COURSE MIX (3,B) (TRAIL) TON 350 91.00$ 31,850.00$ 343 31,213.00$ 302.0 27,482.00$ 41 3,731.00$
38 BITUMINOUS INCENTIVE/DISINCENTIVE LS 1 8,500.00$ 8,500.00$ 0.77 6,553.08$ -$ 0.77 6,553.08$
39 12" HDPE DUAL WALL CORRUGATED PIPE CULVERT LF 20 48.00$ 960.00$ 40 1,920.00$ 40.0 1,920.00$ -$
40 12" RCP DES 3006 CL III LF 23 76.00$ 1,748.00$ 31 2,356.00$ 31.0 2,356.00$ -$
41 15" RCP DES 3006 CL III LF 530 66.00$ 34,980.00$ 530 34,980.00$ 530.0 34,980.00$ -$
42 18" RCP DES 3006 CL III LF 463 68.00$ 31,484.00$ 462 31,416.00$ 462.0 31,416.00$ -$
43 21" RCP DES 3006 CL III LF 52 95.00$ 4,940.00$ 46 4,370.00$ 46.0 4,370.00$ -$
44 36" RCP DES 3006 CL III LF 486 150.00$ 72,900.00$ 487 73,050.00$ 487.0 73,050.00$ -$
45 CONNECT TO EXISTING STORM SEWER EA 33 1,000.00$ 33,000.00$ 33 33,000.00$ 33.0 33,000.00$ -$
46 CONST DRAINAGE STRUCTURE 24" X 36" EA 13 3,790.00$ 49,270.00$ 15 56,850.00$ 15.0 56,850.00$ -$
COMPLETED
Total To Date Previous Periods This Pay Period
Request For Payment
Date: 10/30/2024
Project: 2024 Neighborhood Infrastructure Improvements
Contractor: A-1 Excavating LLC
Request Number: 5
Payment Period: 10/1/2024 - 10/31/2024
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID
Hastings Project 2024-1 2024 Neighborhood Infrastructure Improvements Page 1 of 3
VIII-12
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #5
Quantity Amount
47 CONST DRAINAGE STRUCTURE 4020 48" DIA EA 11 4,180.00$ 45,980.00$ 11 45,980.00$ 10 41,800.00$ 1 4,180.00$
48 CONST DRAINAGE STRUCTURE 4020 60" DIA EA 9 5,930.00$ 53,370.00$ 9 53,370.00$ 9 53,370.00$ -$
49 CONST DRAINAGE STRUCTURE 4020 72" DIA EA 2 8,440.00$ 16,880.00$ 2 16,880.00$ 2 16,880.00$ -$
50 CONST DRAINAGE STRUCTURE 4020 84" DIA EA 2 12,210.00$ 24,420.00$ 2 24,420.00$ 2 24,420.00$ -$
51 REPLACE EXISTING STORM SEWER CASTING SPECIAL EA 7 1,255.00$ 8,785.00$ 7 8,785.00$ 7 8,785.00$ -$
52 ADJUST FRAME RING AND CASTING (SPECIAL) EA 19 735.00$ 13,965.00$ 19 13,965.00$ -$ 19 13,965.00$
53 GEOTEXTILE FILTER MATERIAL TYPE IV SY 50 4.00$ 200.00$ -$ -$ -$
54 4" CONCRETE SIDEWALK SF 225 9.00$ 2,025.00$ 275 2,475.00$ 275 2,475.00$ -$
55 B618 CONCRETE CURB & GUTTER LF 7290 16.30$ 118,827.00$ 7414 120,848.20$ 7414 120,848.20$ -$
56 REMOVE & REPLACE EXISTING CURB & GUTTER (ALL TYPES & SIZES) LF 1760 37.30$ 65,648.00$ 2225 82,992.50$ 2225 82,992.50$ -$
57 6" CONCRETE DRIVEWAY PAVEMENT SY 2800 73.80$ 206,640.00$ 2377 175,422.60$ 2377 175,422.60$ -$
58 CONCRETE PEDESTRIAN RAMP EA 8 1,440.00$ 11,520.00$ 8 11,520.00$ 8 11,520.00$ -$
59 TRAFFIC CONTROL LS 1 10,000.00$ 10,000.00$ 1.00 10,000.00$ 1 7,500.00$ 0.25 2,500.00$
60 ROCK CONSTRUCTION EXIT EA 6 100.00$ 600.00$ -$ -$ -$
61 STORM DRAIN INLET PROTECTION EA 46 140.00$ 6,440.00$ 46 6,440.00$ 46 6,440.00$ -$
62 SILT FENCE, TYPE MS LF 750 4.00$ 3,000.00$ 552 2,208.00$ 552 2,208.00$ -$
63 EROSION & SEDIMENT CONTROL LS 1 1,000.00$ 1,000.00$ 1.00 1,000.00$ 1 750.00$ 0.25 250.00$
64 LOAM TOPSOIL BORROW (LV) CY 1320 1.00$ 1,320.00$ -$ -$ -$
65 EROSION CONTROL BLANKETS CATEGORY 4 SY 50 12.00$ 600.00$ -$ -$ -$
66 SEEDING, BLOWN COMPOST SY 14500 5.00$ 72,500.00$ 13240 66,200.00$ 8793 43,965.00$ 4447 22,235.00$
67 TEMPORARY BYPASS PUMPING LS 1 4,000.00$ 4,000.00$ 1 4,000.00$ 1 4,000.00$ -$
68 CONNECT TO EXISTING SANITARY SEWER EA 4 1,600.00$ 6,400.00$ 4 6,400.00$ 4 6,400.00$ -$
69 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 62 100.00$ 6,200.00$ 62 6,200.00$ 62 6,200.00$ -$
70 4" ON 8" PVC WYE EA 62 250.00$ 15,500.00$ 62 15,500.00$ 62 15,500.00$ -$
71 4" PVC SDR 26 (FOR SERVICES) LF 2050 33.00$ 67,650.00$ 1740 57,420.00$ 1740 57,420.00$ -$
72 8" PVC SDR 35 LF 2935 45.00$ 132,075.00$ 2998 134,910.00$ 2998 134,910.00$ -$
73 TELEVISE SANITARY SEWER LF 2935 1.20$ 3,522.00$ 2998 3,597.60$ 2935 3,522.00$ 63 75.60$
74 REPLACE EXISTING SANITARY SEWER CASTING EA 9 1,255.00$ 11,295.00$ 9 11,295.00$ 9 11,295.00$ -$
75 48" DIA. SSMH EA 14 5,695.00$ 79,730.00$ 14 79,730.00$ 14 79,730.00$ -$
76 EXTRA DEPTH MH 10'+ LF 20.2 345.00$ 6,969.00$ 20 6,969.00$ 20 6,969.00$ -$
77 CONNECT TO EXISTING WATERMAIN EA 6 2,000.00$ 12,000.00$ 6 12,000.00$ 6 12,000.00$ -$
78 CONNECT TO EXISTING WATER SERVICE EA 64 100.00$ 6,400.00$ 64 6,400.00$ 64 6,400.00$ -$
79 1" CORP STOP EA 64 310.00$ 19,840.00$ 64 19,840.00$ 64 19,840.00$ -$
80 1" CURB STOP AND BOX EA 64 515.00$ 32,960.00$ 64 32,960.00$ 64 32,960.00$ -$
81 HYDRANT 7.5' BURY W/GATE VALVE EA 7 8,490.00$ 59,430.00$ 7 59,430.00$ 7 59,430.00$ -$
82 REPLACE EXISTING GATE VALVE BOX EA 10 800.00$ 8,000.00$ 12 9,600.00$ 12 9,600.00$ -$
83 CURB STOP COVER CASTING EA 8 200.00$ 1,600.00$ 7 1,400.00$ 7 1,400.00$ -$
84 ADJUST GATE VALVE SPECIAL - BOLT REPLACEMENT EA 20 800.00$ 16,000.00$ 20 16,000.00$ 20 16,000.00$ -$
85 6" GATE VALVE & BOX EA 10 2,265.00$ 22,650.00$ 10 22,650.00$ 10 22,650.00$ -$
86 CURB STOP BOX REPAIR/EXTENSION EA 3 200.00$ 600.00$ 3 600.00$ 3 600.00$ -$
87 CONSTRUCT TEMPORARY WATERMAIN & SERVICES LF 7500 1.00$ 7,500.00$ 7514 7,514.00$ 7514 7,514.00$ -$
88 CURB STOP EXTRA DEPTH LF 15 60.00$ 900.00$ 15 900.00$ 15 900.00$ -$
89 1" TYPE K COPPER W/FITTINGS LF 1800 39.00$ 70,200.00$ 1906 74,334.00$ 1906 74,334.00$ -$
90 6" C-900 PVC W/FITTINGS LF 3605 49.00$ 176,645.00$ 3605 176,645.00$ 3605 176,645.00$ -$
91 6" DIP W/FITTINGS LF 100 77.00$ 7,700.00$ 100 7,700.00$ 100 7,700.00$ -$
92 2" INSULATION 4'X8' SHEET SY 60 40.00$ 2,400.00$ 50 2,000.00$ 50 2,000.00$ -$
2,797,421.60$
ORIGINAL BID
PROJECTS: This Period Total to Date
2024-1 Neighborhood Infrastructure Improvements $472,001.03 $2,796,384.93
SUBTOTALS: $2,796,384.93 $2,324,383.90 $472,001.03
TOTAL TO DATE PREVIOUS PERIODS CURRENT PERIOD
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID COMPLETED
Total To Date Previous Periods This Pay Period
Hastings Project 2024-1 2024 Neighborhood Infrastructure Improvements Page 2 of 3
VIII-12
11/5/24
VIII-12
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director
Date: November 18, 2024
Item: Resolution Supporting and Authorizing Application to the Metropolitan Council Environmental Services
(MCES) 2025 Private Property Inflow & Infiltration Grant
COUNCIL ACTION REQUESTED
Council is requested to approve a resolution of support and authorize application to the MCES 2025 Private
Property Inflow & Infiltration Grant.
BACKGROUND INFORMATION
This grant program, which was used by the City of Hastings for the first time in 2024, is intended to achieve a
reduction in our citywide Inflow & Infiltration (I & I). Inflow & Infiltration refers to clear water, primarily
stormwater or groundwater, that unintentionally enters our wastewater system. Aged or otherwise deteriorated
private sewer lines connected to the sanitary sewer system are many times the reason for allowing this water into
the system. The clear water doesn’t need to be treated as wastewater, and therefore generates unnecessary
burden and costs when it reaches the wastewater treatment plant. Furthermore, excessive I & I can also cause
costly sewer backups into homes and buildings, or sewer overflows into our local water bodies.
In 2024, the Engineering Department successfully administered over $60,000 of grant disbursements through this
Private Property Inflow & Infiltration Grant to 11 residents throughout the City of Hastings. The City has been
determined eligible again for this program and staff is recommending support to apply for $50,000 in grants that
could be utilized by our residents in 2025.
Grant awards can cover 50% of eligible costs up to $5,000 for sewer repairs (such as trenchless lining) or full
replacements on deteriorated service lines. The grant funding would be awarded to property owners on a first
come, first serve basis.
FINANCIAL IMPACTS
None. Minimal City Staff time will be required to administer applications from residents and coordinate
reimbursements with MCES.
ATTACHMENTS
➢ Resolution Authorizing Application for the Metropolitan Council Environmental Services 2025 Private Property
Inflow and Infiltration Grant
VIII-13
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION AUTHORIZING THE APPLICATION FOR THE MCES 2025 PRIVATE PROPERTY INFLOW AND INFILTRATION GRANT
WHEREAS, the Metropolitan Council Environmental Services (MCES) has identified the City of Hastings as one of
the many metro cities having excessive quantities of stormwater and groundwater, commonly referred to as
Inflow and Infiltration (I & I), entering the public sanitary sewer system; and
WHEREAS, to facilitate the reduction of I & I, MCES is offering a provision for future distribution of available funding
until the total of $1,500,000 for the State of Minnesota has been expended on I & I reduction measures; and
WHEREAS, residents within the proposed 2025 Sanitary Sewer Lining Program will be notified of this funding
opportunity as the sanitary sewer system components in this area have been identified to generate excessive I &
I; and
WHEREAS, the greater City of Hastings will be notified of the grant program via citywide outreach such that any
remaining grant funds may be utilized on a first come first serve basis.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that
1. The City of Hastings is authorized to apply for this grant.
2. The Public Works Director, or their designee be authorized to submit the applications and to serve as the
contact person.
3. The Public Works Director has read the program guidelines.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 18th DAY OF NOVEMBER, 2024.
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
SEAL
VIII-13
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kori Land, City Attorney
Date: November 18, 2024
Item: Zoning Ordinance Amendments and City Code Ordinance Amendments for
Cannabis and Lower-Potency Hemp Edible Uses
Council Action Requested:
Consider approval of first reading of Zoning Ordinance Amendments and City Code Ordinance
Amendments for Cannabis and Lower-Potency Hemp Edible Uses
Background Information:
The Council discussed the zoning ordinance classifications for cannabis uses at a workshop
on October 7 and November 4 and provided direction on placement of these uses in the
various zoning districts as well as the registration process. The Planning Commission held
a public hearing on the Zoning Ordinance amendments October 18 and recommended
approval with one suggestion related to removing the park buffer surrounding the
Downtown Core. The Council approved that recommendation and further asked to see two
new options for retail cannabis uses by modifying the park buffer. We will present those
options to you for your consideration and request final direction.
The other ordinance that we will see approval is to repeal the City’s lower-potency
licensing ordinance and replace it with a registration process. There are tangential
ordinances to address odors and a modification to the Fee Schedule that will also need your
consideration and approval.
Discussion:
Zoning Ordinance Amendments:
State law created 13 cannabis and lower-potency edible businesses, but in the zoning
ordinance, we will refer to the uses instead of the business names. It is likely that a cannabis
business with multiple operations such as micro or mezzo businesses will diversify
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Cannabis Uses – Zoning & City Code
November 18, 2024
Page 2
operations, conducting cultivation, manufacturing, and retail on different properties, but
under one OCM business license.
Below is a chart that identifies the uses into the zoning districts as directed by the Council.
Type of Cannabis Use C1 C2 C3 DC MU C4 I1 I2 Ag
Lower potency hemp edible
retail beverages only with
on-sale or off-sale liquor
license
P P P P P P
Lower potency hemp edible
retail (that do not have on-
sale or off-sale liquor
license)
CUP CUP CUP
Cannabis retail CUP CUP CUP
Cannabis Manufacturing,
Production, Processing,
Testing, and Warehousing
CUP CUP
Lower-Potency
Manufacturer (with
brewery, distillery)
CUP CUP CUP CUP
Cannabis Wholesale with no
product stored on site
CUP CUP
Cannabis Cultivator (indoor
or outdoor)
CUP CUP CUP
Buffer Zones for Cannabis Uses:
• 1,000’ between cannabis uses
• 500’ from a school
• 500’ from a residential treatment facility
• 500’ from residential properties for manufacturing of cannabis
• 1,000’ from an attraction within a park used by minors (exempt for Downtown Core
and reduced to 500’ for manufacturing uses)
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Cannabis Uses – Zoning & City Code
November 18, 2024
Page 3
Buffer Zones for Lower-Potency Hemp Edible Retail Uses:
• 500’ between lower-potency hemp edible retail uses and from all other cannabis
uses
• No other distance restrictions
Retail Use
Lower-Potency Hemp Edible Retail: Map 1 shows the Zoning Districts where lower-
potency retail uses can be located. The stars mark the locations of the current businesses
who have a license to sell lower-potency edibles.
Any business with a liquor license (on or off-sale) will be able to sell lower-potency
beverages because the lower-potency hemp edible beverages will be permitted uses in
zoning districts where liquor can be sold, with no buffer restrictions. The businesses that
choose to sell them will be required to get a license from OCM and register with the City,
but no separate zoning approval will be required.
Adult-Use Cannabis Retail (Dispensaries): Map 2 Option 1 shows the original version of
the Zoning Districts where cannabis retail uses can be located. It has the 1,000-foot buffer
from schools and park attractions where minors congregate and a 500-foot buffer from
residential treatment facilities and commercial day cares. There is no park buffer to the DC
District.
Based on the discussion at the November 4 workshop the Council requested that the day
care buffer be removed and requested to see 2 new maps to reduce the impact of the park
buffer on the C3 zoning district. To that end, the following maps have been prepared:
• Map 2 Option 2 The park buffer does not cross Highway 55 or Highway 61
• Map 2 Option 3 The park buffer has been reduced to 500’ and it does not cross
Highway 55 or Highway 61
The areas outside of the bubbles are where the cannabis retail uses could be located. The
Council should decide which map they prefer, and the words of the ordinance will be
modified accordingly.
Lower-Potency Hemp Edible Manufacturing/Processing/Warehousing or Cannabis
Manufacturing/Processing/Warehousing: Map 3 shows the Zoning Districts and locations
where these “industrial” type uses can be located.
Cultivation: Map 4 shows all of the areas where cultivation can occur, which has no
buffers, except for a 1,000-foot buffer between cannabis uses.
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Cannabis Uses – Zoning & City Code
November 18, 2024
Page 4
City Code Ordinance Amendments:
Registration:
We currently have a licensing requirement for lower-potency edible retail businesses. With
the new approval process outlined in state law, licensing will be taken over by OCM, and
the City will only be allowed to register lower-potency and cannabis uses. The anticipated
license approval process from OCM is as follows:
Application Process:
A registration application must be approved by the City if the applicant meets certain
criteria:
1. Is in compliance with this chapter and all zoning requirements;
2. Has paid the registration fee;
3. Is current on all property taxes and assessments;
4. Has a State License issued by OCM for the business being negotiated; and
5. Is current on payment of all other City fees and charges.
Unlike for City licenses, the City is not allowed to conduct a background investigation on
the applicants. The registration term runs Jan. 1 – Dec. 31 and must be renewed annually.
In addition, registrations are not transferrable from person to person or place to place.
Compliance checks will be conducted annually for all lower-potency hemp edible and
beverage retail and cannabis retail businesses. Penalties for violations of underage sales is
up to $2,000 per violation. For businesses with health or safety violations, no financial
penalty can be imposed but the City can suspend the business registration for up to 30 days.
OCM will conduct an investigation and will make a determination to either rescind the
Cannabis Business applies to OCM
OCM vets the application and grants
preliminary approval
OCM sends zoning confirmation request to
City
City responds within 30 days or it is deemed
compliant
•If non-compliant, applicant must correct deficiencies
If compliant, OCM issues license and Cannabis
Business must register with the City
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Cannabis Uses – Zoning & City Code
November 18, 2024
Page 5
suspension or revoke the license. The City will not be able to unilaterally revoke a
registration for a violation of the City Code or State Law.
Cap on Cannabis Retail:
The City is allowed to cap the number of cannabis retail businesses (dispensary,
microbusiness with retail endorsement, mezzobusiness with retail endorsement) at 1 per
every 12,500 residents. According to the State Demographer in 2022, the City of Hastings
had a population of 22,153 residents. The cap only applies to “adult-use” cannabis retail
and does not limit the number of lower-potency hemp edible retailers, beverages or medical
cannabis combination retailers or any other types of cannabis uses.
Event Organizers:
The City cannot require Event Organizers to register with the City, but all cannabis Event
Organizers must receive Council approval for each event, so we added provisions for
approval of cannabis and lower-potency hemp edible special event permits. These special
event permits apply to both special events that only have cannabis and lower-potency hemp
edible vendors (“Weed Dabbler”) as well as to any event at which a cannabis or lower-
potency hemp edible vendor that wants to be part of a larger special event, such as
Rivertown Days.
The ordinance requires cannabis events to take place on private property unless they obtain
Council approval. OCM will be issuing licenses for special event organizers and has very
specific statutory submission requirements about the logistics of the event. However, proof
of City approval is required before OCM will issue such a special event license. Therefore,
the ordinance requires the same information that will be submitted to OCM so that the City
can review the plan first before it is submitted to OCM to ensure it will be a safe and
enjoyable event for the community. The submission requirements in the ordinance are
nearly identical to the state statute requirements regarding asking for the location of the
event, including a diagram and layout showing vendor areas, retail areas, consumption
areas, product and waste storage, a list of all the vendors, the dates and hours of the event,
the requirement for contracted security and other provisions. The City is also requiring
insurance for on-site consumption and payment of an escrow fee to recover any City
expenses incurred during the event, if necessary. (additional police security, additional
barricades to control the consumption area, etc.)
Fee Ordinance Amendment:
The City will require all cannabis and lower-potency hemp edible businesses to register
with the City. Each business will pay a registration fee pursuant to the capped state
regulations as shown on the attached ordinance amendment. The City can only collect half
of the State license fee or a cap of $500 for initial registration and $1,000 for renewal,
whichever is less. In addition, we are recommending including a permit and escrow fee for
cannabis events.
Odor Ordinance
Cannabis and lower-potency hemp edible uses cannot be a nuisance and one of the
nuisances that has been identified in other states is odor. Both the storage of cannabis as
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Cannabis Uses – Zoning & City Code
November 18, 2024
Page 6
well as the manufacturing process have unique and offensive odors. However, so as not to
only address cannabis uses, we have prepared an odor ordinance that will apply to any odor
in the city. The ordinance is based on an ordinance that was recently upheld by the Federal
Court of Appeals as being Constitutional and non-discriminatory. It has objective
measuring standards, specific criteria for when odor becomes a nuisance and penalties to
address businesses that have unresolved odor issues.
Action Requested:
Discuss and consider approving the First Reading of Zoning Ordinance Amendments, City
Code Registration Amendment, Fee Schedule Ordinance Amendment and Odor
Ordinance.
Attachments:
• Map 1 – Lower Potency Retail Sales
• Map 2 Option 1 – Adult use Retail Sales and wholesale products with 1,000’ buffer
zones
• Map 2 Option 2 – Adult use Retail Sales and wholesale products with 1,000’ buffer
zones that terminate at Highways 55 and 61
• Map 2 Option 3 – Adult use Retail Sales and wholesale products with 500’ buffer
zones that terminate at Highways 55 and 61
• Map 3 – Cultivator, Micro, Mezzo, Manufacturing with buffers
• Map 4 – Cultivator Only
• Zoning Ordinance Amendment
• Registration Ordinance Amendment
• Fee Schedule Ordinance Amendment
• Odor Ordinance Amendment
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HWY 55
15TH ST W
PINE ST
160TH ST E
316
VERMILLION ST
VERMILLION RD
2ND ST W
18TH ST E
10TH ST E
GENERAL SIEBEN DR
PLEASANT DR
150TH ST E
JORGEN AVE
HWY 61
NININGER RD
REDWING BLVD
LEDUC DR
RAVENNA TRL
VERMILLION ST
HWY 55
GENERAL SIEBEN DR
GENERAL SIEBEN DR
VERMILLION ST
PLEASANT DR
Lake Isabel
Mississippi River
£¤55
£¤316
Existing THC Licenses
Zoning to allow lower potency retail sales
C-3 Community Regional Commerce
C-4 Regional Shopping Center
DC Downtown Core
City Limits
Current License Holders
^_Caring Hands Massage and Spa
^_H Tobacco
^_Smokey's Tobacco - Pending
^_Westview Smokes
500ft Buffer - Lower-potency retail businesses
Proposed zoning to allow for lower potency retail sales with 500ft Buffers
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HWY 55
15TH ST W
PINE ST
316
VERMILLION ST
160TH ST E
HWY 61
GENERAL SIEBEN DR
RAVENNA TRL
NININGER RD
V E R M I L L I O N R D
2ND ST W
18TH ST E
10TH ST E
PLEASANT DR
GL
ENDALE RD
L E D UC D R
JORGEN AVE
R
E
D
WIN
G B
L
V
D
HWY 55
VERMILLION ST
PLEASANT DR
£¤55
$+47Adult use Retail Sales
500ft Buffer - Residential Treatment Facility
500ft Buffer - School
1,000ft buffer - Day care in Commercial
1,000ft Buffer - Park Attractions
City LimitsZoning to allow Adult use Retail SalesDC
C-3
Adult UseRetail Sales
Not including micro, mezzo, medical combo
C-4
¤£61
X-C-01
HWY 55
15TH ST W
PINE ST
VERMILLION ST
160TH ST E
316
V E R MILLIO N R D
NININGER RD
RAVENNA TRL
2ND ST W
18TH ST E
10TH ST E
PLEASANT DR
GENERAL SIEBEN DR
L E D UC D R
JORGEN AVE
R
E
D
WIN
G BLV
D
HWY 55
PLEASANT DR
VERMILLION ST
GENERAL SIEBEN DR
£¤61
£¤55
$+47
Adult use Retail Sales
500 ft Buffer - Residential Treatment Facility
500 ft Buffer - School
1000 ft Buffer (up to highways) - Park Attractions
City LimitsZoning to allow Adult use Retail SalesDCC-4 C-3
Adult UseRetail Sales
Not including micro, mezzo, medical combo
X-C-01
HWY 55
15TH ST W
PINE ST
316
VERMILLION ST
160TH ST E
GENERAL SIEBEN DR
V E R MILLIO N R D
RAVENNA TRL
2ND ST W
NININGER RD
18TH ST E
10TH ST E
PLEASANT DR
L E D UC D R
JORGEN AVE
R
E
D
WIN
G BLV
D
HWY 55
PLEASANT DR
£¤61
£¤55
$+47
Adult use Retail Sales
500 ft Buffer - Residential Treatment Facility
500 ft Buffer - School
500 ft Buffer (up to highways) - Park Attractions
City LimitsZoning to allow Adult use Retail SalesDCC-4 C-3
Adult UseRetail Sales
Not including micro, mezzo, medical combo
X-C-01
PINE ST
VERMILLION ST
RAVENNA TRL
GL
EN
DALE
RD
15TH ST W
2ND ST W
18TH ST E
10TH ST E
V E R M I L L I O N R D
LEDUC DR
HWY 55
R
E
D
WIN
G B
L
V
D
VERMILLION ST
HWY 55
Cultivator, Micro, Mezzo, Manufacturing
1,000ft Buffer - School
500ft Buffer - Park Attractions
500ft Buffer - ResidentialZoning to allow the usesI-1 Industrial ParkI-2 Industrial Park Storage/ Service
City Limits
Cultivator, Micro, Mezzo,Manufacturing Industrial Zoning
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HWY 55
15TH ST W
HWY 61
NININGER RD
PINE ST
160TH ST E
316
GLENDALE RD
RAVENNA TRLVERMILLION ST
V E R M I L L I O N R D
2ND ST W
18TH ST E
10TH ST E
PLEASANT DR
150TH ST E
REDWING BLVD
JORGEN AVE
L E D U C D R
GENERAL SIEBEN DR
PLEASANT DR
R
E
D
W
IN
G B
LV
D
£¤61$+47
Cultivator
Zoning to allow the usesA AgriculturalI-1 Industrial ParkI-2 Industrial Park Storage/ Service
City Limits
CultivatorIndustrial and Agricultural Zoning
£¤55
$+42
$+46
£¤61
$+54
$+91
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CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2024-___
An Ordinance of the City of Hastings Amending City Code Chapter 155: Zoning Code Regarding
Cannabis Uses and Lower-Potency Hemp Edible Uses
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
SECTION 1. HASTINGS CITY CODE SECTION 155.07.J. IS REPEALED AND REPLACED AS FOLLOWS:
155.07 Special Provisions
J. Cannabis Uses and Lower-Potency Hemp Edible Uses.
All cannabis and lower-potency hemp edible uses must comply with the requirements of this section.
1. Definitions. Unless otherwise noted in this section, words, terms, and phrases found in
the definitions of Minnesota Statutes Section 342.01, or as amended, apply unless
otherwise noted or except where the context clearly indicates a different meaning. In
addition, the following definitions apply:
CANNABIS BUSINESS. Any of the following businesses:
a. Cannabis microbusiness;
b. Cannabis mezzobusiness;
c. Cannabis cultivator;
d. Cannabis manufacturer;
e. Cannabis retailer;
f. Cannabis wholesaler;
g. Cannabis transporter;
h. Cannabis testing facility;
i. Cannabis event organizer;
j. Cannabis delivery service;
k. Lower-potency hemp edible manufacturing;
l. Lower-potency hemp edible retailer; or
m. Medical cannabis combination business.
CANNABIS USE OR CANNABIS INDUSTRY. Every item, product, person, process, action,
business, or other thing related to cannabis flower and cannabis products.
OFFICE OF CANNABIS MANAGEMENT or OCM. The Minnesota Office of Cannabis
Management.
RESIDENTIAL TREATMENT FACILITY. A 24-hour-a-day program under the treatment
supervision of a mental health professional, in a community residential setting other than
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an acute care hospital or regional treatment program for adults with mental illness under
chapter 245I, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by
the commissioner.
SCHOOL. A public school as defined in Minnesota Statutes Section 120A.05 or nonpublic
school that meets the reporting requirements under Minnesota Statutes Section 120A.24.
STATE LICENSE. An approved license issued by the Minnesota Office of Cannabis
Management to a cannabis and lower-potency hemp edible business.
2. Outdoor Cultivation. Any cannabis business that includes outdoor cultivation, such as
cannabis cultivator, microbusiness, or mezzobusiness must comply with the following:
a. A minimum of twenty (20) contiguous acres is required for the portion of the property
that will be dedicated to cultivation.
b. The cannabis plants must be setback a minimum of three hundred feet (300’) from
the property lines.
c. There must be fencing of six feet (6’) around the perimeter and a landscaped or
screened buffer is required to be placed outside of the fence but within the setback
area, which may consist of a berm, trees, or combination thereof.
d. The cannabis plants cannot be visible from any public right of way.
e. No retail sales shall be allowed at the same location as any business with an outdoor
cultivation business license.
3. Indoor Cultivation (greenhouses, hoop houses). Any cannabis business that includes
indoor cultivation enclosed in structures, such as, but not limited to greenhouses or hoop
houses. Requirements surrounding the lighting and illumination within the structures,
including hours shall be included of the conditional use permit.
4. Manufacturing, production, testing or processing of cannabis or wholesale (if products
stored on site). Must comply with the following performance standards:
a. No exterior storage is allowed, including storage of products in semis or trailers that
are parked outside of an enclosed building.
b. All mechanical, odor suppression equipment and trash enclosures must be screened
and approved as part of a site plan approval.
5. Performance Standards. All cannabis businesses must comply with the following:
a. Retail sales of cannabis and lower-potency hemp edible products are permitted from
10:00 a.m. to 9:00 p.m., seven days a week. Retail sales of lower-potency beverages
associated with an on-sale or off-sale liquor license are permitted during the hours of
operation of the associated liquor license.
b. No cannabis use shall be allowed as part of any Adult Use Establishment business, as
defined in City Code Section 114.21.
c. Cannabis uses cannot violate City Code Chapter 95 regarding public nuisances.
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d. Distance Restrictions. Distances from a cannabis use or lower-potency hemp edible
use are measured from the storefront of a retail use and from the property line of all
other cannabis uses, and shall comply as provided below.
(1) There must be at least one thousand feet (1,000’) between each cannabis use.
(2) The location of the use must be located:
(a) More than five hundred feet (500’) from a school as measured from property
line of the school to the use;
(b) More than five hundred feet (500’) from a residential treatment facility, as
measured from the property line of the facility to the use;
(c) More than one thousand feet (1,000’) from an attraction within a public park
that is regularly used by minors, such as, but not limited to a playground,
athletic field, athletic court, picnic area or restrooms, pavilion or park building,
disc golf features, as each is measured from the location of the public park
attraction to the use. However, such distance restriction shall not extend
across Highway 61 or Highway 55 but shall terminate if it intersects with such
highways.
(d) All buildings used for manufacturing, production, testing, processing, or
warehousing of cannabis must be setback a minimum of five hundred feet
(500’) from a residential zoning district or residential use as measured from
the property line of the cannabis use to the property line of the nearest
residential zoning district or residential use.
(3) Exceptions to distance restrictions:
(a) Lower-potency hemp edible retail uses shall be five hundred feet (500’) from
other lower-potency hemp edible retail uses and five hundred feet (500’) from
all other cannabis uses but otherwise shall be exempt from the distance
requirements in City Code 155.07.J.5.e.(2).
(b) On-sale and off-sale liquor establishments selling lower-potency beverages
and that have a lower-potency hemp edible City Registration and State
License shall be exempt from the distance requirements in City Code
155.07.J.5.e.(1) and 155.07.J.5.e.(2) and they do not count against other uses
for purposes of City Code 155.07.J.5.e.(1).
(c) Manufacturing, production, testing, processing, or warehousing of cannabis
have a reduced distance requirement of five hundred feet (500’) from the
public park attraction distance requirements found in City Code
155.07.J.5.e.(2)(c).
(d) Cannabis retail uses located east of Vermillion Street and north of 4th Street
and west of Bailey Street in the DC Downtown Core or C-3 Community
Regional Commerce zoning districts shall be exempt from the distance
requirements of City Code 155.07.J.5.e.(2)(c).
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(e) Cannabis cultivation uses shall comply with the distance requirements in City
Code 155.07.J.5.e.(1) but shall be exempt from the distance requirements in
City Code 155.07.J.5.e.(2).
e. Signs must comply with the standards in City Code 155.08 for the relevant zoning
district in which the business is located, except for the following:
(1) No cannabis use shall have more than two (2) signs;
(2) Blinking, moving, and flashing signs that are visible from the exterior of the
building are prohibited;
(3) No lower-potency hemp edible use shall advertise the lower-potency hemp edible
products on more than one (1) exterior sign;
(4) No interior sign shall be visible from the exterior of the building.
f. Cannabis uses must meet the minimum parking requirements for each type of use as
stated in City Code for that use, for example, retail must meet the retail requirements,
manufacturing must meet the manufacturing parking requirements. If there is a
combination of uses at the same location, the use that requires the largest number of
spaces must be met.
g. A security plan must be submitted to and approved by the Chief of Police to address
security issues in order to protect the public health, safety, and general welfare. The
security plan must include, but is not limited to, addressing issues surrounding
parking, traffic, securing of monetary transactions, building security and alarm
systems both internal and external, screening, lighting, window and door placement,
landscaping, and hours of operation.
SECTION 2. HASTINGS CITY CODE SECTION 155.21 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.21 A Agriculture
D. Uses By Special Permit.
5. Cannabis, medical cannabis, and hemp growing, cultivating or farming operations, indoor
or outdoor, pursuant to the following conditions:
a. A minimum of one hundred (100) twenty (20) contiguous acres under single
ownership is required for the operation use.
b. The operator must be licensed by the State of Minnesota.
c. The sale of products is not permitted on the same property as the operation use.
SECTION 3. HASTINGS CITY CODE IS AMENDED by adding Cannabis, Lower-potency edible beverages
sold as part of an on-sale or off-sale liquor license as Permitted Uses to Sections 155.29.B., 155.30.B.,
155.31.B., and 155.34.B, subject to the provisions of Section 155.07.J.
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SECTION 4. HASTINGS CITY CODE SECTION 155.30 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.30 C3 Community Regional Commerce
C. Uses by Special Permit.
10. Cannabis retailer, edible retailer, medical retailer, and edible cannabis distribution facility
that comply with the requirements in City Code Section 155.07.J. Lower-potency edible
retail use not associated with on-sale or off-sale liquor license and that complies with the
requirements in City Code Section 155.07.J.
11. Cannabis retail, not associated with any other cannabis use on the same property and
that complies with the requirements of City Code Section 155.07.J.
12. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and
that complies with the requirements of City Code Section 155.07.J.
SECTION 5. HASTINGS CITY CODE SECTION 155.31 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.31 DC Downtown Core
C. Uses by Special Permit.
9. Lower-potency edible retail uses not associated with on-sale or off-sale liquor license that
comply with the requirements in City Code Section 155.07.J.
10. Cannabis retail, not associated with any other cannabis use on the same property and
that complies with the requirements of City Code Section 155.07.J;
11. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and
that complies with the requirements of City Code Section 155.07.J.
SECTION 6. HASTINGS CITY CODE SECTION 155.32 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.32 C-4 Regional Shopping Center
C. Uses By Special Permit.
6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution
facility that comply with the requirements of City Code Section 155.07.J.;
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SECTION 7. HASTINGS CITY CODE SECTION 155.34 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.34 I-1 Industrial Park
C. Uses By Special Permit.
4. Cannabis, medical cannabis or hemp manufacturer, testing facility, wholesaler and
processor. Manufacturing, production, testing, processing, or warehousing of cannabis or
lower-potency hemp edibles and that complies with the requirements of City Code
Section 155.07.J;
5. Cannabis wholesale without on site storage of cannabis products and that complies with
the requirements of City Code Section 155.07.J;
6. Cannabis, indoor or outdoor cultivation use and that complies with the requirements of
City Code Section 155.07.J;
4.7. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and
that complies with the requirements of City Code Section 155.07.J.
SECTION 8. HASTINGS CITY CODE SECTION 155.35 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.35 I-2 Industrial Park Storage/Service
D. Uses By Special Permit.
6. Manufacturing, production, testing, processing, or warehousing of cannabis and that
complies with the requirements of City Code Section 155.07.J;
7. Cannabis wholesale without onsite storage of cannabis products and that complies with
the requirements of City Code Section 155.07.J;
8. Cannabis, indoor or outdoor cultivation and that complies with the requirements of City
Code Section 155.07.J.
SECTION 9. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case
of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available
without cost at the office of the City Clerk, the following summary is approved by the City Council and
shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on _______________, 2024
enacts cannabis and lower-potency hemp edible use performance standards in the Zoning Code;
and amends uses with special permits to include cannabis and lower-potency hemp edible uses in
accordance with Minnesota State Statutes Sections 342 and 151.72.
This Ordinance shall be effective upon seven (7) days after its passage and publication.
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Adopted by the Hastings City Council on this ___ day of __________, 2024 by the following vote:
CITY OF HASTINGS
_____________________________________
Mary Fasbender, Mayor
ATTEST:
_________________________________
Kelly Murtaugh
City Clerk
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CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2024-___
An Ordinance of the City of Hastings Repealing and Replacing City Code Chapter 117: Cannabis
Business Registration
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
SECTION 1. HASTINGS CITY CODE CHAPTER 117 IS REPEALED AND REPLACED AS FOLLOWS:
CHAPTER 117 CANNABIS AND LOWER-POTENCY HEMP EDIBLE BUSINESS REGISTRATION
117.01 Purpose.
The purpose of this chapter is to implement the provisions of Minnesota Statutes Chapter 342, which
authorizes cities to protect the public health, safety, and welfare of residents by regulating cannabis
and lower-potency hemp edible businesses within its jurisdiction.
117.02 Definitions.
Unless otherwise noted in this section, words, terms, and phrases found in the definitions of
Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where
the context clearly indicates a different meaning. In addition, the following definitions apply:
CANNABIS EVENT. A temporary event organized by a Cannabis Event Organizer at which cannabis
products or lower-potency hemp edible products are sold by vendors. Such Cannabis Event may be
comprised solely of cannabis and lower-potency hemp edible vendors or may be part of a larger event
at which cannabis and lower-potency hemp edible vendors wish to participate.
OFFICE OF CANNABIS MANAGEMENT or OCM. The Minnesota Office of Cannabis Management.
STATE LICENSE. An approved license issued by the Minnesota Office of Cannabis Management to a
cannabis and lower-potency hemp edible business.
117.03 Registration Required.
Before operating a business licensed by OCM the business must register with the City. Applications
shall be submitted on the forms provided by the City Clerk, and all applicants shall comply with the
process below. All applications shall be considered and approved or denied by the City Council.
117.04 Cap on Registrations.
The City will not issue more than one (1) cannabis retail registration per 12,500 residents, as
determined by the most recent state demographer’s estimate. This cap on retail registrations does
not apply to a medical cannabis combination business or lower-potency hemp edibles retailer.
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117.05 Application Process.
All applicants must:
A. Complete the registration form provided by the City;
B. Pay the non-refundable registration fee for the type of license for which the business is
applying; and
C. Provide a copy of all State Licenses issued by OCM.
117.06 Fees.
A. No registration shall be issued under this chapter until the appropriate fees are paid in full.
The fee for a registration under this chapter shall be set by ordinance.
B. All fees are nonrefundable and shall not be pro-rated.
C. At the time of the initial registration, the initial registration fee and the renewal fee shall be
due and payable.
D. For the first renewal of the registration, no additional registration fee shall be required.
Beginning with the second renewal, and each subsequent renewal thereafter, the renewal
registration fee shall be paid at the time of renewal.
117.07 Approval.
The City Council must take action on each new and renewal registration application within a
reasonable time following receipt of the recommendation from City staff regarding the application.
At the City Council meeting at which the application is considered, the registration will be approved
by the City Council if the applicant:
A. Is in compliance with this chapter and all zoning requirements;
B. Has paid the registration fee;
C. Is current on all property taxes and assessments;
D. Has a State License issued by OCM for the business requested; and
E. Is current on payment of all other City fees and charges.
117.08 Exceptions.
No registration shall be required for an Event Organizer licensed by OCM who intends to conduct a
Cannabis Event within the City; however, each Cannabis Event must be approved by the City Council
through a Cannabis Event permit. The Council may add reasonable conditions to the permit, may reduce
the number of days for the event, prohibit outdoor activity and/or restrict or prohibit on-site
consumption, in order to protect the public health, safety, and general welfare. The Event Organizer shall
submit an application as provided by the City Clerk. The Cannabis Event permit application shall include:
A. A copy of the Event Organizer’s license by OCM or a copy of the license application submitted to
OCM;
B. Payment of the permit and escrow fees;
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C. The location, including address, Property Identification Numbers and ownership information of
the property upon which the Cannabis Event is proposed to take place, including a diagram of the
physical layout of the event, all entrances and exits that will be used by cannabis participants and
vendors, the consumption areas, retail sales areas, location where cannabis waste will be stored
and where any cannabis products will be stored. No Cannabis Event will be permitted on public
property or in a public park without Council approval;
D. If the Cannabis Event is part of a larger event, signed consent from the organization sponsoring
the larger event;
E. A list of the names, number and type of cannabis businesses and lower-potency hemp edible
businesses that will sell cannabis and lower-potency hemp products;
F. A sworn statement that the Event Organizer is responsible for and will comply with the
operational requirements imposed by the permit, state law, including Minn. Stat. 342.40 subd. 7
and any regulatory rules applicable to the Cannabis Event;
G. The dates and hours of the Cannabis Event (may be up to 4 consecutive days);
H. A security plan that has been approved by the Police Chief, including the name of the contracted
licensed security personnel that complies with Minn. Stat. Section 342.40 subd. 3;
I. If on-site consumption is proposed, a detailed plan for complying with Minn. Stat. Section 342.40
subd. 8 regarding such activity. The City Council may approve or deny on-site consumption of
cannabis as part of the permit in its sole discretion, based on the circumstances of the specific
cannabis event requested. If approved, the Event Organizer shall provide of copy of an insurance
certificate for the Cannabis Event issued by an insurance company authorized to do business in
the State of Minnesota, with coverage of at least $50,000 per person and $100,000 per
occurrence.
J. Payment of an escrow fee for any expenses that may be incurred by the city during the Cannabis
Event. Any unused escrow will be returned to the applicant following an accounting of expenses
incurred by the City during the Cannabis Event. The Event Organizer shall be responsible for any
costs incurred by the City that exceed the escrow amount.
117.09 Renewal Process
A. Registration renewals are issued in the same manner and subject to the same conditions as a
new registration application. A cannabis business shall apply to renew its registration on a
form established by the City.
B. Before renewing a registration, the City may enter and inspect the cannabis business to
ensure that the cannabis business is in compliance with this chapter, the zoning ordinance,
and state laws.
117.10 Registration Term.
The registration term begins on January 1 and ends on December 31.
117.11 Premises Covered by Registration.
Unless otherwise authorized by this Code, the registration for the business is only effective for the
compact and contiguous space specified in the approved registration application.
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117.12 No Transfer or Assignment of Registration or Location.
A registered business shall not transfer or assign a registration to another person or entity or move
to a different location without completing a new application and paying the appropriate fees.
117.13 Prohibited Acts.
The owner or operator of a registered business is responsible for the conduct of their place of
business and the conditions of order in it. The act of an employee of the premises is deemed the act
of the owner or operator as well, and the owner or operator is responsible for all penalties provided
by this chapter equally with the employee.
A. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any product
to any person under the age of twenty-one (21), including cannabinoids derived from hemp.
B. It shall be unlawful for any person under the age of twenty-one (21) to possess any product.
This chapter shall not apply to persons under the age of twenty-one (21) lawfully involved in
a compliance check, including cannabinoids derived from hemp.
C. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any
product unless it is legally authorized medical cannabis.
D. It shall be unlawful for any person under the age of twenty-one (21) to attempt to disguise
the person’s true age by the use of a false form of identification, whether the identification is
that of another person or one in which the age of the person has been modified or tampered
with, to represent an age older than the actual age of the person, in order to purchase any
product.
E. No product may be sold to an obviously intoxicated person or a person under the influence
of a controlled substance.
F. No one under the age of twenty-one (21) shall sell products.
G. Products cannot be sold in vending machines, through a drive-through window or as part of
a home occupation.
H. On-site consumption is prohibited at lower-potency hemp edible retail and cannabis retail
businesses, except for lower-potency hemp products that are consumed as a beverage at an
on-sale liquor establishment.
I. It shall be unlawful to sell, purchase, obtain, possess, or provide products with Delta-10 THC.
J. No products shall be visible from the exterior of the building.
117.14 Compliance Checks and Inspections.
All registered premises must be open to inspection by the local law enforcement or other authorized
City official during regular business hours. From time to time, but at least once per year, the City will
conduct compliance checks on retail businesses by engaging persons between the ages of seventeen
(17) and twenty-one (21) years, to enter the premises to attempt to purchase products. Persons used
for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the
unlawful possession of products when the items are obtained or attempted to be obtained as a part
of the compliance check. No person used in compliance checks may attempt to use a false
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identification misrepresenting the person’s age, and all persons lawfully engaged in a compliance
check may answer all questions about the person’s age and shall produce any identification, if any
exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by
State or Federal laws for educational, research or training purposes, or required for the enforcement
of a particular State or Federal law.
117.15 Violations
A. Civil Penalties. If the City determines that a registered business made a sale to a customer or
patient without a valid retail registration, the City may impose a civil penalty of up to $2,000
for each violation.
B. Suspension. If the City determines that a business with a registration is not operating in
compliance with the City Code or zoning ordinance, or that the operation of the business
poses an immediate threat to the health or safety of the public, the City, through the Director
of the Department of Public Safety, may immediately suspend the registration for up to thirty
(30) days. The City will notify the business and the OCM in writing of the suspension, stating
the grounds for the suspension. The OCM will investigate and may extend the period of
suspension, revoke the registration, or order the reinstatement of the registration, or take
any other action described in Minnesota Statutes Section 342.19 or 342.21.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case
of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available
without cost at the office of the City Clerk, the following summary is approved by the City Council and
shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on _____________, 2024 repeals and
replaces the City’s policies on Intoxicating CBD Product sales licensing with Lower-Potency
Cannabis and Cannabis Business registration to reflect Minnesota State Statutes Sections 342 and
151.72.
This Ordinance shall be effective upon seven (7) days after its passage and publication.
Adopted by the Hastings City Council on this ___ day of _______, 2024 by the following vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
_____________________________________
Mary Fasbender, Mayor
ATTEST:
_________________________________
Kelly Murtaugh, City Clerk
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CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2024-___
An Ordinance of the City of Hastings Amending City Code Chapter 34: Fees Regarding
Cannabis and Lower-Potency Hemp Edible Businsesses
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
SECTION 1. HASTINGS CITY CODE CHAPTER 34, SECTION 34.03 IS AMENDED AS FOLLOWS (new
language is underlined, strikethrough language is deleted):
Use, Sales, and Operations of Cannais and Hemp Businesses
Investigation Fee $500.00 One time
Cannabis Product Retail
License
$500.00 Initial and First Renewal
$1,000.00 Subsequent Renewals
Annual (Calendar Year)
Manufacturing/Testing/
Processing/Wholesale License
$200.00 Annual (Calendar Year)
Registration and Permits for Cannabis and Lower-Potency Hemp Edible Businesses
Microbusiness $00.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Mezzobusiness $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Cultivator $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Manufacturer $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Retailer $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Wholesaler $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Transporter $250.00 Initial
$500.00 Renewal
Annual (Calendar Year)
Cannabis Testing Facility $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Delivery Service $250.00 Initial
$500.00 Renewal
Annual (Calendar Year)
Lower-Potency Hemp Edible
Manufacturer
$500.00 Initial
$500.00 Renewal
Annual (Calendar Year)
Lower-Potency Hemp Edible
Retailer (per retail location)
$125.00 Initial
$125.00 Renewal
Annual (Calendar Year)
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Medical Cannabis Combination $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Event Permit $250.00
$5,000.00 Escrow
One time
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance
is available without cost at the office of the City Clerk, the following summary is approved by the
City Council and shall be published in lieu of publishing the entire ordinance.
The City Clerk Fee Schedule in Section 34.03 is amended by removing Uses, Sales, and
Operations of Cannabis and Hemp Businesses License Fees, and adding Registration
Fees and permit fee for all Cannabis and Lower-Potency Hemp Edible Uses.
This Ordinance shall be effective upon seven (7) days after its passage and publication.
Adopted by the Hastings City Council on this ___ day of _______, 202_____, by the following vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
_____________________________________
Mary Fasbender, Mayor
ATTEST:
_________________________________
Kelly Murtaugh
City Clerk
I hereby certify that the above is a true and correct copy of the Ordinance presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the ___ day of ________________, as
disclosed by the records of the City of Hastings on file and of record in the office.
_____________________________
Kelly Murtaugh
City Clerk
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CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2024-___
An Ordinance of the City of Hastings Enacting City Code Chapter 95.98: Odors
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
SECTION 1. HASTINGS CITY CODE CHAPTER 95, SECTION 95.98 IS ENACTED AS FOLLOWS
95.98 Odors
A. For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
BEST PRACTICABLE ODOR CONTOL TECHNOLOGY. Means the utilization of those
technologies, processes, procedures, or operating methods by an industry, facility, or source
which results in the most cost-effective means of mitigation of odors from an odor emission
point source.
CITY ADMINISTRATOR. Means the Hastings City Administrator or his or her designee.
CITY ENGINEER. Means the Hastings City Engineer or his or her designee.
INITIAL TEST OR INITIAL TESTING. Means an odor test or series of tests conducted in order to
establish a baseline odor level.
NASAL RANGER®. Means the Nasal Ranger® Field Olfactometer, a portable odor detecting and
measuring device developed by St. Croix Sensory or such comparable device or technology
that is approved by the city council.
ODOR. Means that which produces a response of the human sense of smell to an odorous
substance.
ODOR MANAGEMENT PLAN. Means a plan submitted by an industry, facility, or source to the
city.
ODOR COMPLAINT. Means a notification received by the city from a person who identifies his
or her name and address and the location, description and duration of the odor. The release
of such information regarding the identity of the complainant is governed by the Minn. Stat.
Ch. 13, the Minnesota Government Data Practices Act.
ODOR EMISSION. Means the release of offensive gases, fumes, and vapors into the
atmosphere by an industry, facility or source which is determined by the city to cause
unreasonable injury, nuisance or annoyance to the public.
OWNER. Means the owner, operator, occupant, tenant or other person who is responsible
for any operation, business or profession, or who exercises control over real property.
PROPERTY. Means any real property, premises, structure or location within the city.
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SIGNIFICANT ODOR GENERATOR. Means an industry, facility or source that generates seven
verifiable odor complaints in a six-month period or that the city has determined the industry,
facility or source is the cause of odor emissions resulting in significant odor complaints.
VERIFIED ODOR COMPLAINT. Means that the city administrator has confirmed the industry,
facility or source of the odor emission that precipitated the complaint, by using the Nasal
Ranger® to detect and measure odor. A dilution-to-threshold ratio as measured by the Nasal
Ranger® of seven odor units or above (or such comparable measurements for a different
device or technology that is approved by the city council) is deemed to be a verified odor
complaint.
B. It shall be unlawful for any owner of property located within the city to cause or allow odor
emissions that:
1. Create odors or smells which are offensive or obnoxious to another person within the
city; or
2. Create a detrimental effect on the property of another person in the city; or
3. Unreasonably interfere with the enjoyment of life, health, safety, peace, comfort, or
property of another person in the city.
C. Odor Testing. Odor testing may be conducted by the city or an independent consultant on any
property that may be a potential odor source. Testing may be conducted based on complaints or
based on a planned odor monitoring study.
D. Designation as a significant odor generator. After reviewing the results of odor testing, if the
property produces odor emissions that generate seven verifiable odor complaints in a six-month
period, the city administrator or designee may determine that a property shall be designated as
a significant odor generator and shall notify the property owner of the designation.
E. Appeal. Any property that is designated as a significant odor generator may file an appeal in
writing by following the process contained in City Code 10.25.C.
F. Odor management plan. If the property is designated as a significant odor generator, then within
90 days of notice of designation by the city, the property owner shall work with the city to develop
an odor management plan using the best practicable odor control technology in order to mitigate
and comply with this ordinance. The city may grant an extension for up to an additional 90 days
to submit the odor management plan, upon sufficient evidence and cause for such extension. The
odor management plan shall:
1. Identify and explain the odor source(s);
2. Describe the best practicable odor technology to manage the odors generated;
3. Provide a detailed plan on any proposed operational changes to the existing odor control
equipment in order to control and mitigate the odors being generated;
4. Establish a timeline for development and implementation of an engineer-approved
treatment technology, which includes monitoring instrumentation and equipment to
ensure future compliance.
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5. Be kept on file with the city.
G. Compliance.
1. Compliance shall be achieved when the property owner has completed the installation,
start-up and operation of the best practicable odor control technology in accordance with
the odor management plan and follow-up testing has determined the results have
significantly improved since the initial test.
2. At such time that the property has achieved compliance with the odor management plan
and has received no verifiable odor complaints for a period of 12 months, the property
shall be removed from the significant odor generator classification.
H. Non-compliance. If the city administrator determines after follow-up testing that the results at
the property have not improved, or if odor complaints continue, the property owner shall be
required to meet with the city administrator on at least a quarterly basis to develop a new odor
management plan. Such meetings and follow-up testing shall continue until the city administrator
determines that the results at the property have improved. If non-compliance continues for a
period of 12 months, the city may impose penalties pursuant to this chapter.
I. Re-classification as a significant odor generator. A property that was previously classified as a
significant odor generator but was removed from the classification due to compliance may be re-
classified as a significant odor generator if it generates three verifiable odor complaints in a 90-
day period. It shall then be required to comply with section F. establishing a new odor
management plan and section H. requiring quarterly meetings. A property re-classified as a
significant odor generator will not be removed from the classification until it meets the
compliance requirements in section G.
J. Penalty. Failure to comply with the requirements in this section or failure to meet the obligations
contained in the odor management plan, unless the failures are determined by the city
administrator to be beyond the control of the significant odor generator or the result of an
accident or unexpected and unforeseen events, shall result in a penalty pursuant to City Code
10.25 or 10.99, or the city may pursue any other legal or equitable remedies available to the city.
In addition, any follow-up testing required due to compliance failure shall be paid for by the
property owner.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case
of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available
without cost at the office of the City Clerk, the following summary is approved by the City Council and
shall be published in lieu of publishing the entire ordinance.
The Nuisances Chapter 95 of the Hastings City Code is to be amended by adding Section 95.98,
Odors.
This Ordinance shall be effective upon seven (7) days after its passage and publication.
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Adopted by the Hastings City Council on this ___ day of _______, 2024, by the following vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
____________________________________
Mary Fasbender, Mayor
ATTEST:
_________________________________
Kelly Murtaugh, City Clerk
X-C-01
CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2024-___
An Ordinance of the City of Hastings Repealing and Replacing City Code Chapter 117: Cannabis
Business Registration
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
SECTION 1. HASTINGS CITY CODE CHAPTER 117 IS REPEALED AND REPLACED AS FOLLOWS:
CHAPTER 117 CANNABIS AND LOWER-POTENCY HEMP EDIBLE BUSINESS REGISTRATION
117.01 Purpose.
The purpose of this chapter is to implement the provisions of Minnesota Statutes Chapter 342, which
authorizes cities to protect the public health, safety, and welfare of residents by regulating cannabis
and lower-potency hemp edible businesses within its jurisdiction.
117.02 Definitions.
Unless otherwise noted in this section, words, terms, and phrases found in the definitions of
Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where
the context clearly indicates a different meaning. In addition, the following definitions apply:
CANNABIS EVENT. A temporary event organized by a Cannabis Event Organizer at which cannabis
products or lower-potency hemp edible products are sold by vendors. Such Cannabis Event may be
comprised solely of cannabis and lower-potency hemp edible vendors or may be part of a larger event
at which cannabis and lower-potency hemp edible vendors wish to participate.
OFFICE OF CANNABIS MANAGEMENT or OCM. The Minnesota Office of Cannabis Management.
STATE LICENSE. An approved license issued by the Minnesota Office of Cannabis Management to a
cannabis and lower-potency hemp edible business.
117.03 Registration Required.
Before operating a business licensed by OCM the business must register with the City. Applications
shall be submitted on the forms provided by the City Clerk, and all applicants shall comply with the
process below. All applications shall be considered and approved or denied by the City Council.
117.04 Cap on Registrations.
The City will not issue more than one (1) cannabis retail registration per 12,500 residents, as
determined by the most recent state demographer’s estimate. This cap on retail registrations does
not apply to a medical cannabis combination business or lower-potency hemp edibles retailer.
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117.05 Application Process.
All applicants must:
A. Complete the registration form provided by the City;
B. Pay the non-refundable registration fee for the type of license for which the business is
applying; and
C. Provide a copy of all State Licenses issued by OCM.
117.06 Fees.
A. No registration shall be issued under this chapter until the appropriate fees are paid in full.
The fee for a registration under this chapter shall be set by ordinance.
B. All fees are nonrefundable and shall not be pro-rated.
C. At the time of the initial registration, the initial registration fee and the renewal fee shall be
due and payable.
D. For the first renewal of the registration, no additional registration fee shall be required.
Beginning with the second renewal, and each subsequent renewal thereafter, the renewal
registration fee shall be paid at the time of renewal.
117.07 Approval.
The City Council must take action on each new and renewal registration application within a
reasonable time following receipt of the recommendation from City staff regarding the application.
At the City Council meeting at which the application is considered, the registration will be approved
by the City Council if the applicant:
A. Is in compliance with this chapter and all zoning requirements;
B. Has paid the registration fee;
C. Is current on all property taxes and assessments;
D. Has a State License issued by OCM for the business requested; and
E. Is current on payment of all other City fees and charges.
117.08 Exceptions.
No registration shall be required for an Event Organizer licensed by OCM who intends to conduct a
Cannabis Event within the City; however, each Cannabis Event must be approved by the City Council
through a Cannabis Event permit. The Council may add reasonable conditions to the permit, may reduce
the number of days for the event, prohibit outdoor activity and/or restrict or prohibit on-site
consumption, in order to protect the public health, safety, and general welfare. The Event Organizer shall
submit an application as provided by the City Clerk. The Cannabis Event permit application shall include:
A. A copy of the Event Organizer’s license by OCM or a copy of the license application submitted to
OCM;
B. Payment of the permit and escrow fees;
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C. The location, including address, Property Identification Numbers and ownership information of
the property upon which the Cannabis Event is proposed to take place, including a diagram of the
physical layout of the event, all entrances and exits that will be used by cannabis participants and
vendors, the consumption areas, retail sales areas, location where cannabis waste will be stored
and where any cannabis products will be stored. No Cannabis Event will be permitted on public
property or in a public park without Council approval;
D. If the Cannabis Event is part of a larger event, signed consent from the organization sponsoring
the larger event;
E. A list of the names, number and type of cannabis businesses and lower-potency hemp edible
businesses that will sell cannabis and lower-potency hemp products;
F. A sworn statement that the Event Organizer is responsible for and will comply with the
operational requirements imposed by the permit, state law, including Minn. Stat. 342.40 subd. 7
and any regulatory rules applicable to the Cannabis Event;
G. The dates and hours of the Cannabis Event (may be up to 4 consecutive days);
H. A security plan that has been approved by the Police Chief, including the name of the contracted
licensed security personnel that complies with Minn. Stat. Section 342.40 subd. 3;
I. If on-site consumption is proposed, a detailed plan for complying with Minn. Stat. Section 342.40
subd. 8 regarding such activity. The City Council may approve or deny on-site consumption of
cannabis as part of the permit in its sole discretion, based on the circumstances of the specific
cannabis event requested. If approved, the Event Organizer shall provide of copy of an insurance
certificate for the Cannabis Event issued by an insurance company authorized to do business in
the State of Minnesota, with coverage of at least $50,000 per person and $100,000 per
occurrence.
J. Payment of an escrow fee for any expenses that may be incurred by the city during the Cannabis
Event. Any unused escrow will be returned to the applicant following an accounting of expenses
incurred by the City during the Cannabis Event. The Event Organizer shall be responsible for any
costs incurred by the City that exceed the escrow amount.
117.09 Renewal Process
A. Registration renewals are issued in the same manner and subject to the same conditions as a
new registration application. A cannabis business shall apply to renew its registration on a
form established by the City.
B. Before renewing a registration, the City may enter and inspect the cannabis business to
ensure that the cannabis business is in compliance with this chapter, the zoning ordinance,
and state laws.
117.10 Registration Term.
The registration term begins on January 1 and ends on December 31.
117.11 Premises Covered by Registration.
Unless otherwise authorized by this Code, the registration for the business is only effective for the
compact and contiguous space specified in the approved registration application.
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117.12 No Transfer or Assignment of Registration or Location.
A registered business shall not transfer or assign a registration to another person or entity or move
to a different location without completing a new application and paying the appropriate fees.
117.13 Prohibited Acts.
The owner or operator of a registered business is responsible for the conduct of their place of
business and the conditions of order in it. The act of an employee of the premises is deemed the act
of the owner or operator as well, and the owner or operator is responsible for all penalties provided
by this chapter equally with the employee.
A. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any product
to any person under the age of twenty-one (21), including cannabinoids derived from hemp.
B. It shall be unlawful for any person under the age of twenty-one (21) to possess any product.
This chapter shall not apply to persons under the age of twenty-one (21) lawfully involved in
a compliance check, including cannabinoids derived from hemp.
C. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any
product unless it is legally authorized medical cannabis.
D. It shall be unlawful for any person under the age of twenty-one (21) to attempt to disguise
the person’s true age by the use of a false form of identification, whether the identification is
that of another person or one in which the age of the person has been modified or tampered
with, to represent an age older than the actual age of the person, in order to purchase any
product.
E. No product may be sold to an obviously intoxicated person or a person under the influence
of a controlled substance.
F. No one under the age of twenty-one (21) shall sell products.
G. Products cannot be sold in vending machines, through a drive-through window or as part of
a home occupation.
H. On-site consumption is prohibited at lower-potency hemp edible retail and cannabis retail
businesses, except for lower-potency hemp products that are consumed as a beverage at an
on-sale liquor establishment.
I. It shall be unlawful to sell, purchase, obtain, possess, or provide products with Delta-10 THC.
J. No products shall be visible from the exterior of the building.
117.14 Compliance Checks and Inspections.
All registered premises must be open to inspection by the local law enforcement or other authorized
City official during regular business hours. From time to time, but at least once per year, the City will
conduct compliance checks on retail businesses by engaging persons between the ages of seventeen
(17) and twenty-one (21) years, to enter the premises to attempt to purchase products. Persons used
for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the
unlawful possession of products when the items are obtained or attempted to be obtained as a part
of the compliance check. No person used in compliance checks may attempt to use a false
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identification misrepresenting the person’s age, and all persons lawfully engaged in a compliance
check may answer all questions about the person’s age and shall produce any identification, if any
exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by
State or Federal laws for educational, research or training purposes, or required for the enforcement
of a particular State or Federal law.
117.15 Violations
A. Civil Penalties. If the City determines that a registered business made a sale to a customer or
patient without a valid retail registration, the City may impose a civil penalty of up to $2,000
for each violation.
B. Suspension. If the City determines that a business with a registration is not operating in
compliance with the City Code or zoning ordinance, or that the operation of the business
poses an immediate threat to the health or safety of the public, the City, through the Director
of the Department of Public Safety, may immediately suspend the registration for up to thirty
(30) days. The City will notify the business and the OCM in writing of the suspension, stating
the grounds for the suspension. The OCM will investigate and may extend the period of
suspension, revoke the registration, or order the reinstatement of the registration, or take
any other action described in Minnesota Statutes Section 342.19 or 342.21.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case
of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available
without cost at the office of the City Clerk, the following summary is approved by the City Council and
shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on _____________, 2024 repeals and
replaces the City’s policies on Intoxicating CBD Product sales licensing with Lower-Potency
Cannabis and Cannabis Business registration to reflect Minnesota State Statutes Sections 342 and
151.72.
This Ordinance shall be effective upon seven (7) days after its passage and publication.
Adopted by the Hastings City Council on this ___ day of _______, 2024 by the following vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
_____________________________________
Mary Fasbender, Mayor
ATTEST:
_________________________________
Kelly Murtaugh, City Clerk
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CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2024-___
An Ordinance of the City of Hastings Amending City Code Chapter 155: Zoning Code Regarding
Cannabis Uses and Lower-Potency Hemp Edible Uses
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
SECTION 1. HASTINGS CITY CODE SECTION 155.07.J. IS REPEALED AND REPLACED AS FOLLOWS:
155.07 Special Provisions
J. Cannabis Uses and Lower-Potency Hemp Edible Uses.
All cannabis and lower-potency hemp edible uses must comply with the requirements of this section.
1. Definitions. Unless otherwise noted in this section, words, terms, and phrases found in
the definitions of Minnesota Statutes Section 342.01, or as amended, apply unless
otherwise noted or except where the context clearly indicates a different meaning. In
addition, the following definitions apply:
CANNABIS BUSINESS. Any of the following businesses:
a. Cannabis microbusiness;
b. Cannabis mezzobusiness;
c. Cannabis cultivator;
d. Cannabis manufacturer;
e. Cannabis retailer;
f. Cannabis wholesaler;
g. Cannabis transporter;
h. Cannabis testing facility;
i. Cannabis event organizer;
j. Cannabis delivery service;
k. Lower-potency hemp edible manufacturing;
l. Lower-potency hemp edible retailer; or
m. Medical cannabis combination business.
CANNABIS USE OR CANNABIS INDUSTRY. Every item, product, person, process, action,
business, or other thing related to cannabis flower and cannabis products.
OFFICE OF CANNABIS MANAGEMENT or OCM. The Minnesota Office of Cannabis
Management.
RESIDENTIAL TREATMENT FACILITY. A 24-hour-a-day program under the treatment
supervision of a mental health professional, in a community residential setting other than
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an acute care hospital or regional treatment program for adults with mental illness under
chapter 245I, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by
the commissioner.
SCHOOL. A public school as defined in Minnesota Statutes Section 120A.05 or nonpublic
school that meets the reporting requirements under Minnesota Statutes Section 120A.24.
STATE LICENSE. An approved license issued by the Minnesota Office of Cannabis
Management to a cannabis and lower-potency hemp edible business.
2. Outdoor Cultivation. Any cannabis business that includes outdoor cultivation, such as
cannabis cultivator, microbusiness, or mezzobusiness must comply with the following:
a. A minimum of twenty (20) contiguous acres is required for the portion of the property
that will be dedicated to cultivation.
b. The cannabis plants must be setback a minimum of three hundred feet (300’) from
the property lines.
c. There must be fencing of six feet (6’) around the perimeter and a landscaped or
screened buffer is required to be placed outside of the fence but within the setback
area, which may consist of a berm, trees, or combination thereof.
d. The cannabis plants cannot be visible from any public right of way.
e. No retail sales shall be allowed at the same location as any business with an outdoor
cultivation business license.
3. Indoor Cultivation (greenhouses, hoop houses). Any cannabis business that includes
indoor cultivation enclosed in structures, such as, but not limited to greenhouses or hoop
houses. Requirements surrounding the lighting and illumination within the structures,
including hours shall be included of the conditional use permit.
4. Manufacturing, production, testing or processing of cannabis or wholesale (if products
stored on site). Must comply with the following performance standards:
a. No exterior storage is allowed, including storage of products in semis or trailers that
are parked outside of an enclosed building.
b. All mechanical, odor suppression equipment and trash enclosures must be screened
and approved as part of a site plan approval.
5. Performance Standards. All cannabis businesses must comply with the following:
a. Retail sales of cannabis and lower-potency hemp edible products are permitted from
10:00 a.m. to 9:00 p.m., seven days a week. Retail sales of lower-potency beverages
associated with an on-sale or off-sale liquor license are permitted during the hours of
operation of the associated liquor license.
b. No cannabis use shall be allowed as part of any Adult Use Establishment business, as
defined in City Code Section 114.21.
c. Cannabis uses cannot violate City Code Chapter 95 regarding public nuisances.
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d. Distance Restrictions. Distances from a cannabis use or lower-potency hemp edible
use are measured from the storefront of a retail use and from the property line of all
other cannabis uses, and shall comply as provided below.
(1) There must be at least one thousand feet (1,000’) between each cannabis use.
(2) The location of the use must be located:
(a) More than five hundred feet (500’) from a school as measured from property
line of the school to the use;
(b) More than five hundred feet (500’) from a residential treatment facility, as
measured from the property line of the facility to the use;
(c) More than one thousand feet (1,000’) from an attraction within a public park
that is regularly used by minors, such as, but not limited to a playground,
athletic field, athletic court, picnic area or restrooms, pavilion or park building,
disc golf features, as each is measured from the location of the public park
attraction to the use. However, such distance restriction shall not extend
across Highway 61 or Highway 55 but shall terminate if it intersects with such
highways.
(d) All buildings used for manufacturing, production, testing, processing, or
warehousing of cannabis must be setback a minimum of five hundred feet
(500’) from a residential zoning district or residential use as measured from
the property line of the cannabis use to the property line of the nearest
residential zoning district or residential use.
(3) Exceptions to distance restrictions:
(a) Lower-potency hemp edible retail uses shall be five hundred feet (500’) from
other lower-potency hemp edible retail uses and five hundred feet (500’) from
all other cannabis uses but otherwise shall be exempt from the distance
requirements in City Code 155.07.J.5.e.(2).
(b) On-sale and off-sale liquor establishments selling lower-potency beverages
and that have a lower-potency hemp edible City Registration and State
License shall be exempt from the distance requirements in City Code
155.07.J.5.e.(1) and 155.07.J.5.e.(2) and they do not count against other uses
for purposes of City Code 155.07.J.5.e.(1).
(c) Manufacturing, production, testing, processing, or warehousing of cannabis
have a reduced distance requirement of five hundred feet (500’) from the
public park attraction distance requirements found in City Code
155.07.J.5.e.(2)(c).
(d) Cannabis retail uses located east of Vermillion Street and north of 4th Street
and west of Bailey Street in the DC Downtown Core or C-3 Community
Regional Commerce zoning districts shall be exempt from the distance
requirements of City Code 155.07.J.5.e.(2)(c).
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(e) Cannabis cultivation uses shall comply with the distance requirements in City
Code 155.07.J.5.e.(1) but shall be exempt from the distance requirements in
City Code 155.07.J.5.e.(2).
e. Signs must comply with the standards in City Code 155.08 for the relevant zoning
district in which the business is located, except for the following:
(1) No cannabis use shall have more than two (2) signs;
(2) Blinking, moving, and flashing signs that are visible from the exterior of the
building are prohibited;
(3) No lower-potency hemp edible use shall advertise the lower-potency hemp edible
products on more than one (1) exterior sign;
(4) No interior sign shall be visible from the exterior of the building.
f. Cannabis uses must meet the minimum parking requirements for each type of use as
stated in City Code for that use, for example, retail must meet the retail requirements,
manufacturing must meet the manufacturing parking requirements. If there is a
combination of uses at the same location, the use that requires the largest number of
spaces must be met.
g. A security plan must be submitted to and approved by the Chief of Police to address
security issues in order to protect the public health, safety, and general welfare. The
security plan must include, but is not limited to, addressing issues surrounding
parking, traffic, securing of monetary transactions, building security and alarm
systems both internal and external, screening, lighting, window and door placement,
landscaping, and hours of operation.
SECTION 2. HASTINGS CITY CODE SECTION 155.21 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.21 A Agriculture
D. Uses By Special Permit.
5. Cannabis, medical cannabis, and hemp growing, cultivating or farming operations, indoor
or outdoor, pursuant to the following conditions:
a. A minimum of one hundred (100) twenty (20) contiguous acres under single
ownership is required for the operation use.
b. The operator must be licensed by the State of Minnesota.
c. The sale of products is not permitted on the same property as the operation use.
SECTION 3. HASTINGS CITY CODE IS AMENDED by adding Cannabis, Lower-potency edible beverages
sold as part of an on-sale or off-sale liquor license as Permitted Uses to Sections 155.29.B., 155.30.B.,
155.31.B., and 155.34.B, subject to the provisions of Section 155.07.J.
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SECTION 4. HASTINGS CITY CODE SECTION 155.30 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.30 C3 Community Regional Commerce
C. Uses by Special Permit.
10. Cannabis retailer, edible retailer, medical retailer, and edible cannabis distribution facility
that comply with the requirements in City Code Section 155.07.J. Lower-potency edible
retail use not associated with on-sale or off-sale liquor license and that complies with the
requirements in City Code Section 155.07.J.
11. Cannabis retail, not associated with any other cannabis use on the same property and
that complies with the requirements of City Code Section 155.07.J.
12. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and
that complies with the requirements of City Code Section 155.07.J.
SECTION 5. HASTINGS CITY CODE SECTION 155.31 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.31 DC Downtown Core
C. Uses by Special Permit.
9. Lower-potency edible retail uses not associated with on-sale or off-sale liquor license that
comply with the requirements in City Code Section 155.07.J.
10. Cannabis retail, not associated with any other cannabis use on the same property and
that complies with the requirements of City Code Section 155.07.J;
11. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and
that complies with the requirements of City Code Section 155.07.J.
SECTION 6. HASTINGS CITY CODE SECTION 155.32 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.32 C-4 Regional Shopping Center
C. Uses By Special Permit.
6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution
facility that comply with the requirements of City Code Section 155.07.J.;
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bullets or numbering
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SECTION 7. HASTINGS CITY CODE SECTION 155.34 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.34 I-1 Industrial Park
C. Uses By Special Permit.
4. Cannabis, medical cannabis or hemp manufacturer, testing facility, wholesaler and
processor. Manufacturing, production, testing, processing, or warehousing of cannabis or
lower-potency hemp edibles and that complies with the requirements of City Code
Section 155.07.J;
5. Cannabis wholesale without on site storage of cannabis products and that complies with
the requirements of City Code Section 155.07.J;
6. Cannabis, indoor or outdoor cultivation use and that complies with the requirements of
City Code Section 155.07.J;
4.7. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and
that complies with the requirements of City Code Section 155.07.J.
SECTION 8. HASTINGS CITY CODE SECTION 155.35 IS AMENDED AS FOLLOWS (new language is
underlined, strikethrough language is deleted):
155.35 I-2 Industrial Park Storage/Service
D. Uses By Special Permit.
6. Manufacturing, production, testing, processing, or warehousing of cannabis and that
complies with the requirements of City Code Section 155.07.J;
7. Cannabis wholesale without onsite storage of cannabis products and that complies with
the requirements of City Code Section 155.07.J;
8. Cannabis, indoor or outdoor cultivation and that complies with the requirements of City
Code Section 155.07.J.
SECTION 9. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case
of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available
without cost at the office of the City Clerk, the following summary is approved by the City Council and
shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on _______________, 2024
enacts cannabis and lower-potency hemp edible use performance standards in the Zoning Code;
and amends uses with special permits to include cannabis and lower-potency hemp edible uses in
accordance with Minnesota State Statutes Sections 342 and 151.72.
This Ordinance shall be effective upon seven (7) days after its passage and publication.
Formatted: Normal, Indent: Left: 0.5", Hanging: 0.25",
Space After: 6 pt, No bullets or numbering, Tab stops:
0.5", Left
Formatted: Font: 11.5 pt
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Adopted by the Hastings City Council on this ___ day of __________, 2024 by the following vote:
CITY OF HASTINGS
_____________________________________
Mary Fasbender, Mayor
ATTEST:
_________________________________
Kelly Murtaugh
City Clerk
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CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2024-___
An Ordinance of the City of Hastings Amending City Code Chapter 34: Fees Regarding
Cannabis and Lower-Potency Hemp Edible Businsesses
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
SECTION 1. HASTINGS CITY CODE CHAPTER 34, SECTION 34.03 IS AMENDED AS FOLLOWS (new
language is underlined, strikethrough language is deleted):
Use, Sales, and Operations of Cannais and Hemp Businesses
Investigation Fee $500.00 One time
Cannabis Product Retail
License
$500.00 Initial and First Renewal
$1,000.00 Subsequent Renewals
Annual (Calendar Year)
Manufacturing/Testing/
Processing/Wholesale License
$200.00 Annual (Calendar Year)
Registration and Permits for Cannabis and Lower-Potency Hemp Edible Businesses
Microbusiness $00.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Mezzobusiness $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Cultivator $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Manufacturer $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Retailer $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Wholesaler $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Transporter $250.00 Initial
$500.00 Renewal
Annual (Calendar Year)
Cannabis Testing Facility $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Delivery Service $250.00 Initial
$500.00 Renewal
Annual (Calendar Year)
Lower-Potency Hemp Edible
Manufacturer
$500.00 Initial
$500.00 Renewal
Annual (Calendar Year)
Lower-Potency Hemp Edible
Retailer (per retail location)
$125.00 Initial
$125.00 Renewal
Annual (Calendar Year)
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Medical Cannabis Combination $500.00 Initial
$1,000.00 Renewal
Annual (Calendar Year)
Cannabis Event Permit $250.00
$5,000.00 Escrow
One time
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance
is available without cost at the office of the City Clerk, the following summary is approved by the
City Council and shall be published in lieu of publishing the entire ordinance.
The City Clerk Fee Schedule in Section 34.03 is amended by removing Uses, Sales, and
Operations of Cannabis and Hemp Businesses License Fees, and adding Registration
Fees and permit fee for all Cannabis and Lower-Potency Hemp Edible Uses.
This Ordinance shall be effective upon seven (7) days after its passage and publication.
Adopted by the Hastings City Council on this ___ day of _______, 202_____, by the following vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
_____________________________________
Mary Fasbender, Mayor
ATTEST:
_________________________________
Kelly Murtaugh
City Clerk
I hereby certify that the above is a true and correct copy of the Ordinance presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the ___ day of ________________, as
disclosed by the records of the City of Hastings on file and of record in the office.
_____________________________
Kelly Murtaugh
City Clerk
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CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2024-___
An Ordinance of the City of Hastings Enacting City Code Chapter 95.98: Odors
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
SECTION 1. HASTINGS CITY CODE CHAPTER 95, SECTION 95.98 IS ENACTED AS FOLLOWS
95.98 Odors
A. For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
BEST PRACTICABLE ODOR CONTOL TECHNOLOGY. Means the utilization of those
technologies, processes, procedures, or operating methods by an industry, facility, or source
which results in the most cost-effective means of mitigation of odors from an odor emission
point source.
CITY ADMINISTRATOR. Means the Hastings City Administrator or his or her designee.
CITY ENGINEER. Means the Hastings City Engineer or his or her designee.
INITIAL TEST OR INITIAL TESTING. Means an odor test or series of tests conducted in order to
establish a baseline odor level.
NASAL RANGER®. Means the Nasal Ranger® Field Olfactometer, a portable odor detecting and
measuring device developed by St. Croix Sensory or such comparable device or technology
that is approved by the city council.
ODOR. Means that which produces a response of the human sense of smell to an odorous
substance.
ODOR MANAGEMENT PLAN. Means a plan submitted by an industry, facility, or source to the
city.
ODOR COMPLAINT. Means a notification received by the city from a person who identifies his
or her name and address and the location, description and duration of the odor. The release
of such information regarding the identity of the complainant is governed by the Minn. Stat.
Ch. 13, the Minnesota Government Data Practices Act.
ODOR EMISSION. Means the release of offensive gases, fumes, and vapors into the
atmosphere by an industry, facility or source which is determined by the city to cause
unreasonable injury, nuisance or annoyance to the public.
OWNER. Means the owner, operator, occupant, tenant or other person who is responsible
for any operation, business or profession, or who exercises control over real property.
PROPERTY. Means any real property, premises, structure or location within the city.
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SIGNIFICANT ODOR GENERATOR. Means an industry, facility or source that generates seven
verifiable odor complaints in a six-month period or that the city has determined the industry,
facility or source is the cause of odor emissions resulting in significant odor complaints.
VERIFIED ODOR COMPLAINT. Means that the city administrator has confirmed the industry,
facility or source of the odor emission that precipitated the complaint, by using the Nasal
Ranger® to detect and measure odor. A dilution-to-threshold ratio as measured by the Nasal
Ranger® of seven odor units or above (or such comparable measurements for a different
device or technology that is approved by the city council) is deemed to be a verified odor
complaint.
B. It shall be unlawful for any owner of property located within the city to cause or allow odor
emissions that:
1. Create odors or smells which are offensive or obnoxious to another person within the
city; or
2. Create a detrimental effect on the property of another person in the city; or
3. Unreasonably interfere with the enjoyment of life, health, safety, peace, comfort, or
property of another person in the city.
C. Odor Testing. Odor testing may be conducted by the city or an independent consultant on any
property that may be a potential odor source. Testing may be conducted based on complaints or
based on a planned odor monitoring study.
D. Designation as a significant odor generator. After reviewing the results of odor testing, if the
property produces odor emissions that generate seven verifiable odor complaints in a six-month
period, the city administrator or designee may determine that a property shall be designated as
a significant odor generator and shall notify the property owner of the designation.
E. Appeal. Any property that is designated as a significant odor generator may file an appeal in
writing by following the process contained in City Code 10.25.C.
F. Odor management plan. If the property is designated as a significant odor generator, then within
90 days of notice of designation by the city, the property owner shall work with the city to develop
an odor management plan using the best practicable odor control technology in order to mitigate
and comply with this ordinance. The city may grant an extension for up to an additional 90 days
to submit the odor management plan, upon sufficient evidence and cause for such extension. The
odor management plan shall:
1. Identify and explain the odor source(s);
2. Describe the best practicable odor technology to manage the odors generated;
3. Provide a detailed plan on any proposed operational changes to the existing odor control
equipment in order to control and mitigate the odors being generated;
4. Establish a timeline for development and implementation of an engineer-approved
treatment technology, which includes monitoring instrumentation and equipment to
ensure future compliance.
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5. Be kept on file with the city.
G. Compliance.
1. Compliance shall be achieved when the property owner has completed the installation,
start-up and operation of the best practicable odor control technology in accordance with
the odor management plan and follow-up testing has determined the results have
significantly improved since the initial test.
2. At such time that the property has achieved compliance with the odor management plan
and has received no verifiable odor complaints for a period of 12 months, the property
shall be removed from the significant odor generator classification.
H. Non-compliance. If the city administrator determines after follow-up testing that the results at
the property have not improved, or if odor complaints continue, the property owner shall be
required to meet with the city administrator on at least a quarterly basis to develop a new odor
management plan. Such meetings and follow-up testing shall continue until the city administrator
determines that the results at the property have improved. If non-compliance continues for a
period of 12 months, the city may impose penalties pursuant to this chapter.
I. Re-classification as a significant odor generator. A property that was previously classified as a
significant odor generator but was removed from the classification due to compliance may be re-
classified as a significant odor generator if it generates three verifiable odor complaints in a 90-
day period. It shall then be required to comply with section F. establishing a new odor
management plan and section H. requiring quarterly meetings. A property re-classified as a
significant odor generator will not be removed from the classification until it meets the
compliance requirements in section G.
J. Penalty. Failure to comply with the requirements in this section or failure to meet the obligations
contained in the odor management plan, unless the failures are determined by the city
administrator to be beyond the control of the significant odor generator or the result of an
accident or unexpected and unforeseen events, shall result in a penalty pursuant to City Code
10.25 or 10.99, or the city may pursue any other legal or equitable remedies available to the city.
In addition, any follow-up testing required due to compliance failure shall be paid for by the
property owner.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case
of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available
without cost at the office of the City Clerk, the following summary is approved by the City Council and
shall be published in lieu of publishing the entire ordinance.
The Nuisances Chapter 95 of the Hastings City Code is to be amended by adding Section 95.98,
Odors.
This Ordinance shall be effective upon seven (7) days after its passage and publication.
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Adopted by the Hastings City Council on this ___ day of _______, 2024, by the following vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
____________________________________
Mary Fasbender, Mayor
ATTEST:
_________________________________
Kelly Murtaugh, City Clerk
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director
Date: November 18, 2024
Item: Approve Resolution and Authorize Signature for Purchase Agreement at 1292 North Frontage
Road
Council Action Requested:
The Council is requested to approve the attached resolution and authorize signature of the purchase
agreement for acquisition of 1292 North Frontage Road.
Background Information:
At the September 16, 2024, City Council Closed Session Meeting the purchasing of sites identified in the
Water Treatment Plant Siting Study was discussed. 1292 North Frontage Road was the specific property
determined for WTP No. 2 (central treatment plant). The incremental cost to move from Lions Park to
this site was approximately $600,000, which was the lowest cost increase among feasible sites analyzed.
The increase was due to the need to purchase property and the additional footage of raw watermain
from Well No. 7. There were some estimated savings in the ability to maximize treatment of Nitrates at
the existing Nitrate Treatment Plant, which is the neighboring property.
Financial Impact:
The cost of the property will be discussed during closed session with the City Council. The cost will be
updated in the purchase agreement per City Council direction. The City will seek reimbursement of the
full acquisition amount through the 3M Settlement Grant Agreement administered by the Co-Trustees.
Attachments:
Resolution Approving Purchase of 1292 North Frontage Road
Purchase Agreement for 1292 North Frontage Road
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RESOLUTION NO. _______
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING THE PURCHASE OF PROPERTY FOR A WATER
TREATMENT PLANT FROM JOCOR HOLDINGS LLC
WHEREAS, the City of Hastings (“City”) determined three water treatment plants would be
required to remove PFAS from the City’s municipal wells and provided various options to the City
Council for the potential locations of these plants; and
WHEREAS, public feedback was received, and the City Council communicated a strong
preference for the plants to be located outside of residential neighborhoods; and
WHEREAS, a Water Treatment Plant Siting Study (“WTP Study”) was initiated to determine
the feasibility and cost-effectiveness of various sites, depending upon several factors:
Sufficient land area owned or available for acquisition
Proximity to existing wells and raw water mains
Proximity to trunk distribution water mains and storage tanks
Proximity to pressure zone facilities (booster pumps/pressure reducing valves)
Proximity to trunk sanitary sewers
Proximity to transportation corridors
Site topography
and
WHEREAS, based on the above factors, the WTP Study narrowed the sites for consideration,
which were discussed by the City Council; and
WHEREAS, Well No. 5 has been connected to PFAS contamination from 3M-CG and the
co-trustees have deemed treatment of Well No. 5 eligible for East Metro 3M Settlement Funds,
therefore its site selection was prioritized as a high priority for the City; and
WHEREAS, one site location for a water treatment plant to treat Well No. 5 was identified
in the WTP Study that met many of the factors for the central water treatment plant, including its
size, its placement in a commercial zoning district, its proximity to other City infrastructure, and
the willingness of the property owner to enter into voluntary negotiations for the purchase,
therefore, the City Council selected this site as its preferred site for the central water treatment
plant; and
WHEREAS, pursuant to that site selection, City Staff obtained an appraisal for the site
and entered into negotiations with the property owner; and
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WHEREAS, City Staff was able to negotiate mutually agreed upon terms and conditions
for the purchase of the site with the property owner, JoCor Holdings LLC (“JoCor”) and a purchase
agreement was prepared to memorialize the terms and conditions; and
WHEREAS, the City desires to purchase certain real property legally described on the
attached Exhibit A (“Property”) pursuant to a Purchase Agreement by and between JoCor and the
City (“Purchase Agreement”), for the purpose of constructing the central water treatment plant on
the Property; and
WHEREAS, the Purchase Agreement describes and articulates the terms and conditions
of the purchase of Property from JoCor and City agrees to accept the terms of the sale; and
WHEREAS, on November 18, 2024, the City Council considered all of the information
presented at the Council meeting.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS:
1. The purchase of the Property from JoCor is in the public interest of the City and its people,
furthers its plan of removing the PFAS in the City’s water system by constructing a water
treatment plant on the Property; and the appropriate officials are authorized to take such
action so as to effectuate such purchase.
2. The City Staff is authorized to seek reimbursement of the full acquisition amount including
lease relocation amounts through the 3M Settlement Grant Agreement administered by the
Co-Trustees.
The City Council hereby approves the Resolution as presented.
Council member_________________ moved a second to this resolution and upon being put
to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on_______________, 2024 by the following vote:
Mary Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Real property located in the County of Dakota, State of Minnesota legally described as
follows:
That part of the S 1/2 of the NE 1/4 of Section 29, Township 115, Range 17, described as
follows: Commencing at a point which is 1418 feet West and 10 feet North of the Southeast
corner of said NE 1/4 of said Section 29, thence North at right angles 300 feet, thence East
145.2 feet, thence South 300 feet, thence West 145.2 feet to the place of beginning, Dakota
County, Minnesota.
PID: 19-02900-05-010
Abstract Property
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1
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (“Agreement”) is made and entered into as of
__________________________, 2024 (“Effective Date”), by and between JoCor Holdings LLC,
a Minnesota limited liability company (“Seller”), and the City of Hastings, a municipal corporation
under the laws of Minnesota (“City”).
RECITALS
A. Seller is the fee owner of real property located in the City of Hastings, Minnesota, legally
described on Exhibit A (the “Property”), attached hereto and incorporated herein by reference.
B. City desires to purchase the Property from Seller, and Seller desires to sell the same to City,
all on the terms and conditions of this Agreement.
NOW, THEREFORE, Seller and City agree as follows:
1. Sale.
1.1. Sale. Subject to the terms and provisions of this Agreement, Seller shall sell to
City, and City shall purchase from Seller, the Property excluding any personal
property on site and the rooftop units, which cannot be removed until the Property
is vacant.
1.2. Purchase Price. The purchase price to be paid by City to Seller for the Property
shall be Dollars and 00/100s ($ .00)
(the “Purchase Price”), payable as follows: (a) Ten Thousand Dollars and 00/100s
($10,000.00), as earnest money (“Earnest Money”), to be paid to DCA Title, 750
Main Street, Suite 280, Mendota Heights, MN 55118 (“Title”) upon execution of
this Agreement; and (b) the balance on the Closing Date (as defined in Section 6)
subject to those adjustments, prorations, and credits described in this Agreement,
in cash or certified funds or by wire transfer pursuant to instructions from Seller.
The Closing will occur at Title, unless otherwise agreed to by the parties. If this
Agreement is terminated by City as a result of a default by Seller, then the Earnest
Money shall be returned to City and neither Seller nor City shall be liable to the
other for any further obligations under this Agreement (except for such obligations
as specifically survive termination of this Agreement).
2. Available Surveys, Tests, and Reports. Within five (5) days of the Effective Date, Seller
shall cause to be delivered to City to the extent same are in the possession and control of
Seller: (a) copies of any surveys, soil tests and environmental reports previously conducted
on the Property; (b) copies of leases associated with the Property, (c) copies of existing
title work for the Property (the “Due Diligence Materials”). Seller makes no representations
or warranties regarding the accuracy or completeness of the Due Diligence Materials. City
acknowledges that the sale of the Property is “AS-IS”, “WHERE IS,” and “WITH ALL
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2
FAULTS”, and that it is the obligation of City to conduct and complete its due diligence
and investigations relating to the Property.
3. City’s Investigations. For a period up to Closing Date, following the Effective Date,
Seller shall allow City and City’s agents access to the Property without charge and at all
times for the purpose of City’s investigation and testing of the Property, including
surveying and testing of soil and groundwater (“City’s Investigations”); provided,
however, City shall not perform any invasive testing unless (a) Seller gives its prior
approval of City’s consultant that will perform the testing, which approval shall not be
unreasonably withheld, conditioned or delayed, and (b) City gives Seller reasonable prior
notice of such testing. City shall pay all costs and expenses of City’s Investigations and
shall indemnify and hold Seller and the Property harmless from all costs and liabilities,
including but not limited to mechanics’ liens, relating to activities on the Property related
to City’s Investigations, however, City shall not be responsible for liens, liability, loss,
expense or costs arising out of the discovery or presence of Hazardous Substances (as such
term is defined in Section 9.1.7) on the Property or otherwise arising out of Seller’s
noncompliance with any Environmental Law (as such term is defined in Section 9.1.7) or
other law or regulation. Seller shall have the right to accompany City during any of City’s
Investigations of the Property. If requested by Seller, City shall provide to Seller copies of
all third-party, non-confidential written test results and reports conducted as part of City’s
Investigations. City shall pay all of the costs and expenses associated with City’s
Investigations, to cause to be released any lien on the Property arising as a result of City’s
Investigations and to repair and restore, at City’s expense, any damage to the Property
caused by City’s Investigations. The indemnification obligations set forth herein shall
survive termination or cancellation of this Agreement.
4. Insurance; Risk of Loss. Seller assumes all risk of destruction, loss, or damage to the
Property prior to the Closing Date. If, prior to the Closing Date, all or any portion of the
Property or access thereto is condemned, taken by eminent domain, or damaged by cause
of any nature, or the Property is rendered untenantable, Seller shall immediately give City
notice of such condemnation, taking, or damage. After receipt of notice of such
condemnation, taking or damage (from Seller or otherwise), City shall have the option (to
be exercised within thirty (30) days after Seller’s written notice) either (a) to require Seller
to (i) convey the Property at Closing (as defined in Section 6) to City in its damaged
condition, upon and subject to all of the other terms and conditions of this Agreement
without reduction of the Purchase Price, (ii) assign to City at Closing all of Seller’s right,
title and interest in and to any claims Seller may have to insurance proceeds, condemnation
awards and/or any causes of action with respect to such condemnation or taking of or
damage to the Property or access thereto, and (iii) pay to City at Closing by certified or
official bank check all payments made prior to the Closing Date under such insurance
policies or by such condemning authorities, or (b) to terminate this Agreement by giving
notice of such termination to Seller, whereupon this Agreement shall be terminated, any
amount previously paid by City to Seller shall be refunded to City and thereafter neither
party shall have any further obligations or liabilities to the other. If the right to terminate
this Agreement is not exercised within such thirty (30) day period, such right shall be
deemed to have been waived. Seller shall not designate counsel, appear in, or otherwise
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3
act with respect to the condemnation proceedings without City’s prior written consent,
which consent shall not be unreasonably withheld.
5. Contingencies.
5.1. City’s Contingencies.
5.1.1. Unless waived by City in writing, City’s obligation to proceed to Closing
shall be subject to (a) performance by Seller of its obligations hereunder,
(b) the continued accuracy of Seller’s representations and warranties
provided in Section 9.1, and (c) City’s satisfaction, in City’s sole discretion,
as to the contingencies described in this Section 5.1:
5.1.1.1. On or before the Closing Date, City shall have determined, in its
sole discretion, that it is satisfied with (a) the results of and matters
disclosed by City’s Investigations, physical inspection, surveys,
soil tests, engineering inspections, hazardous substance and
environmental reviews of the Property, and all other inspections
and due diligence regarding the Property, including any
association rules or regulations applicable to any of the Property
or any Due Diligence Materials. If City has not terminated this
Agreement on or before the Closing Date, the contingency set
forth in this paragraph shall be deemed waived.
5.1.1.2. On or before the Closing Date, City shall have received from Title
an irrevocable commitment to issue a title insurance policy for the
Property in a form and substance satisfactory to City in City’s sole
discretion, not disclosing any encumbrance not acceptable to City
in City’s sole discretion (the “Approved Commitment”). If City
has not terminated this Agreement on or before the Closing Date,
the contingency set forth in this paragraph shall be deemed
waived.
5.1.1.3. On or before the Closing Date, City may obtain an ALTA survey
for the Property certified to City and Title.
5.1.1.4. On or before the Closing Date, Seller shall have obtained releases
of the Property from any and all mortgages or other monetary liens
affecting any of the Property.
5.1.1.5. On or before the Closing Date, Seller shall have obtained all valid,
necessary and sufficient waivers, assignments, subordinations,
non-disturbance, attornments, approvals, authorizations, estoppel
certificates and consents of each and every party whose waiver,
subordination, non-disturbance, attornment, approval,
authorization, estoppel certificate or consent to transfer the
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Property and consummate the transactions contemplated by this
Agreement.
5.1.1.6. On or before the Closing Date, the proper termination or
assignment of any and all lease rights related to the Property to the
satisfaction of the City.
5.1.1.7. On or before the Closing Date, the vacation of the Property by the
Seller.
5.1.1.8. On or before the Closing Date, Seller shall terminate or with
consent of the City, shall assign all surviving contracts, permits
and licenses, warranties, and intangible property conveying to
City with warranties the surviving contracts, permits and licenses,
warranties and intangible property, free and clear of all
encumbrances, together with the consent of all parties having the
right to consent to such assignment, if necessary.
5.1.1.9. On or before the Closing Date, Seller shall execute a Bring-Down
Certificate certifying that all of the warranties and representations
made by Seller in this Agreement remain true as of the date of
closing.
5.1.1.10. On or before the Closing Date, the termination or elimination of
any and all option to purchase rights, Rights of First Refusal, or
Rights of First Offer related to the Property to the satisfaction of
City.
5.1.1.11. On or before the Closing Date, City shall have secured sufficient
funding to satisfy the Purchase Price.
The foregoing contingencies are for City’s sole and exclusive benefit and one (1)
or more may be waived in writing by City in its sole discretion, or by the passage
of time as set forth hereinabove. Seller shall reasonably cooperate with City’s
efforts to satisfy such contingencies, at no out-of-pocket cost to Seller or
assumption of any obligation or liability by City. City shall bear all cost and
expense of satisfying City’s contingencies. If any of the foregoing contingencies
have not been satisfied on or before the applicable date, then this Agreement may
be terminated, at City’s option, by written notice from City to Seller. If City
terminates this Agreement as a result of a failure of a City contingency prior to the
applicable date, the Earnest Money shall be returned to City and neither Seller nor
City shall be liable to the other for any further obligations under this Agreement
(except for such obligations as survive termination of this Agreement). Such written
notice must be given on or before the applicable date set forth herein above for such
contingency, or City’s right to terminate this Agreement pursuant to such
contingency shall be waived. Upon termination, neither party shall have any further
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rights or obligations against the other regarding this Agreement or the Property,
except for such obligations that survive termination of this Agreement.
5.1.2. If City elects not to exercise any of the contingencies set out herein, such
election may not be construed as limiting any representations or obligations
of Seller set out in this Agreement. Further, City shall not be deemed to
have waived any of the foregoing contingencies on account of its execution
of this Agreement.
5.2. Seller’s Contingencies. Seller’s obligation to proceed to Closing shall be subject
to the satisfaction, on or prior to the Closing Date, of each of the following
conditions:
5.2.1. City shall have performed and satisfied all agreements, covenants and
conditions required pursuant to this Agreement to be performed and
satisfied by or prior to the Closing Date.
5.2.2. All representations and warranties of City contained in this Agreement shall
be accurate as of the Closing Date.
5.2.3. There shall be no uncured default by City of any of its obligations under
this Agreement as of the Closing Date, not otherwise waived by Seller.
If any contingency contained in this Section 5.2 has not been satisfied on or before
the date described herein, and if no date is specified, then the Closing Date, then
this Agreement may be terminated by written notice from Seller to City. If
termination occurs all documents deposited by City shall be immediately returned
to City, and all documents deposited by Seller shall be immediately returned to
Seller and neither party will have any further rights or obligations with respect to
this Agreement or the Property, except for such obligations that survive termination
of this Agreement. If Seller terminates this Agreement as a result of a failure of a
Seller contingency prior to the applicable date, the Earnest Money shall be returned
to City. All the contingencies in this Section 5.2 are specifically for the benefit of
Seller, and Seller shall have the right to waive any contingency in this Section 5.2
by written notice to City.
6. Closing. The Closing of the purchase and sale contemplated by this Agreement
(“Closing”) shall occur on or before February 28, 2025 (“Closing Date”), unless otherwise
agreed to by the parties. Seller agrees to deliver legal and actual possession of the Property
to City on the Closing Date.
6.1. Seller’s Closing Documents and Deliveries. On the Closing Date, Seller shall
execute and/or deliver, as applicable, to City the following:
6.1.1. Warranty Deed. A warranty deed, with state deed tax paid, conveying title
to the Property to City, free and clear of all encumbrances, except the
Permitted Encumbrances (the “Deed”).
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6.1.2. Assignment and Assumption of Leases, Contracts, Permits and
Licenses. If consent is authorized by the City, Seller shall execute an
assignment and assumption of leases, surviving contracts, permits and
licenses, warranties, and intangible property conveying to City with
warranties the surviving contracts, permits and licenses, warranties and
intangible property, free and clear of all encumbrances, together with the
consent of all parties having the right to consent to such assignment, if
necessary.
6.1.3. FIRPTA Affidavit. An affidavit of Seller certifying that Seller is not a
“foreign person”, “foreign partnership”, foreign trust”, “foreign estate” or
“disregarded entity” as those terms are defined in Section 1445 of the
Internal Revenue Code of 1986, as amended.
6.1.4. Seller’s Affidavit. A standard owner’s affidavit (ALTA form) from Seller
which may be reasonably required by Title to issue an owner’s policy of
title insurance with respect to the Property with the so-called “standard
exceptions” deleted.
6.1.5. Bring-Down Certificate. A certificate dated as of the Closing Date, signed
by an authorized officer of Seller, certifying that the representations and
warranties of Seller contained in this Agreement are true as of the Closing
Date.
6.1.6. Settlement Statement. A settlement statement with respect to this
transaction.
6.1.7. General Deliveries. All other documents reasonably determined by Title
to be necessary to transfer the Property to City and to evidence that Seller
(a) has satisfied all indebtedness with respect thereto, (b) has obtained such
termination statements or releases from such secured creditors as may be
necessary to ensure that the Property is subject to no liens or encumbrances,
(c) has obtained all consents from third parties necessary to effect the terms
of this Agreement, including, without limitation, the consents of all parties
holding an interest in the Property, (d) has provided such other documents
as are reasonably determined by Title to be necessary to issue policies of
title insurance to City with respect to the Property with the so-called
“standard exceptions” deleted, and (e) has duly authorized the transactions
contemplated hereby.
6.1.8. Lease Termination or Assignment. Documents evidencing termination or
assignment of all existing leases of the Property as between Seller and any
tenants.
6.2. City Closing Documents and Deliveries. On the Closing Date, City shall execute
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and/or deliver, as applicable, to Seller the following:
6.2.1. Payment of Purchase Price. The Purchase Price, in accordance with the
terms of Section 1.2.
6.2.2. FIRPTA Affidavit. An affidavit of City certifying that City is not a
“foreign person”, “foreign partnership”, foreign trust”, “foreign estate” nor
a “disregarded entity” as those terms are defined in Section 1445 of the
Internal Revenue Code of 1986, as amended.
6.2.3. City’s Affidavit. A standard owner’s affidavit (ALTA form) from City
which may be reasonably required by Title to issue an owner’s policy of
title insurance with respect to the Property with the so-called “standard
exceptions” deleted.
6.2.4. Bring-Down Certificate. A certificate dated as of the Closing Date, signed
by an authorized officer of City, certifying that the representations and
warranties of City contained in this Agreement are true as of the Closing
Date.
6.2.5. Settlement Statement. A settlement statement with respect to this
transaction.
6.2.6. General Deliveries. All other documents reasonably determined by Title
to be necessary to evidence that City has duly authorized the transactions
contemplated hereby and evidence the authority of City to enter into and
perform this Agreement and the documents and instruments required to be
executed and delivered by City pursuant to this Agreement, or may be
required of City under applicable law, including any purchaser’s affidavits
or revenue or tax certificates or statements.
7. Prorations. Seller and City agree to the following prorations and allocation of costs
regarding this Agreement:
7.1. Title Evidence and Closing Fee. Seller will pay all costs of the Title Commitment
with respect to the Property. City will pay all costs of the Survey, if any, and all
premiums for any title insurance policy it desires with respect to the Property. Seller
and City shall each pay one-half (1/2) of any reasonable closing fee or charge
imposed by Title.
7.2. Transfer Taxes. Seller shall pay all state deed tax and conservation fee regarding
the Deed.
7.3. Recording Costs. Seller will pay the cost of recording all documents necessary to
place record title to the Property in Seller including, but not limited to, costs of
recording any documents necessary to cure any Objections, as hereinafter defined.
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City will pay all recording costs with respect to the recording of the Deed.
7.4. Real Estate Taxes and Special Assessments. General real estate taxes applicable
to any of the Property due and payable in the year of Closing shall be prorated
between Seller and City on a daily basis as of 12:00 a.m. CT on the Closing Date
based upon a calendar fiscal year, with Seller paying those allocable to the period
prior to the Closing Date and City being responsible for those allocable to the
Closing Date and subsequent thereto. Except as set forth herein with regard to
special assessments associated with City’s development of the Property, City shall
pay in full all special assessments (and charges in the nature of or in lieu of such
assessments) levied, pending, postponed or deferred with respect to any of the
Property as of the Closing Date. City shall be responsible for any special
assessments that are levied or become pending against the Property after the
Closing Date. Notwithstanding anything to the contrary set forth herein, in the
event that there are special assessments levied against the Property after the
Effective Date, which special assessment relate to City’s development of the
Property, such special assessments shall be assumed by City at Closing.
7.5. Attorneys’ Fees. Seller and City shall each pay its own attorneys’ fees incurred in
connection with this transaction.
7.6. Survival. The obligations set forth in this Section 7 survive the Closing.
8. Title Examination. Within a reasonable time following the Effective Date, City shall
obtain the following: (i) a commitment for an owner’s title insurance policy (ALTA
Form 2006) issued by Title for the Property, and copies of all encumbrances described in
the commitment (Commitment); and, if it desires, (ii) an ALTA-certified survey bearing
the legal description of the Property, and showing the area, dimensions and location of the
Property (Survey) (the Survey together with the Commitment shall be known as the “Title
Evidence”).
8.1. City’s Objections. Within twenty (20) calendar days after City’s receipt of the last
of the Title Evidence, or twenty (20) days after the date of execution of this
Agreement, whichever occurs later, City may make written objections (Objections)
to the form or content of the Title Evidence. The Objections may include without
limitation, any easements, restrictions or other matters which may interfere with
City’s intended use of the Property or matters which may be revealed by the Survey.
Any matters reflected on the Commitment which are not objected to by City within
such time period shall be deemed to be permitted encumbrances (Permitted
Encumbrances). City shall have the renewed right to object to the Commitment as
the same may be revised or endorsed from time to time.
8.2. Seller’s Cure. Seller shall be allowed twenty (20) calendar days after the receipt
of City’s Objections to cure the same but shall have no obligation to do so. If such
cure is not completed within said period, or if Seller elects not to cure such
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Objections, City shall have the option to do any of the following:
8.2.1. Terminate this Agreement with respect to all of the Property.
8.2.2. Waive one (1) or more of its Objections and proceed to Closing.
If City so terminates this Agreement, neither Seller nor City shall be liable to the other for
any further obligations under this Agreement and any amount previously paid by City to
Seller shall be refunded to City.
9. Warranties and Representations.
9.1. By Seller. Seller warrants and represents the following to City, and acknowledges
that City has relied on such representations and warranties in agreeing to enter into
this Agreement:
9.1.1. This Agreement has been duly executed and delivered and constitutes the
legal, valid and binding obligation of Seller enforceable in accordance
with its terms. Seller has the requisite power and authority to enter into
and perform this Agreement and the documents and instruments required
to be executed and delivered by Seller pursuant hereto. This Agreement
and the documents and instruments required to be executed and delivered
by Seller pursuant hereto have each been duly authorized by Seller and
such execution, delivery and performance does and will not conflict with
or result in a violation of any judgment or order.
9.1.2. The execution, delivery and performance by Seller of this Agreement will
not (a) violate any provision of any law, statute, rule or regulation or any
order, writ, judgment, injunction, decree, determination or award of any
court, governmental agency or arbitrator presently in effect having
applicability to Seller, or (b) result in a breach of or constitute a default
under any indenture, loan or credit agreement or any other agreement,
lease or instrument to which Seller is a party or by which it or any of its
properties may be bound.
9.1.3. To Seller’s knowledge, except as contemplated herein, no order, consent,
approval, license, authorization or validation of, or filing, recording or
registration with, or exemption by, any governmental or public body or
authority, or any other entity, is required on the part of Seller to authorize,
or is required in connection with, the execution, delivery and performance
of, or the legality, validity, binding effect or enforceability of, this
Agreement.
9.1.4. To Seller’s knowledge, there are no actions, suits or proceedings pending
or threatened against or affecting Seller or the Property, before any court
or arbitrator, or any governmental department, board, agency or other
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instrumentality which in any of the foregoing (a) challenges the legality,
validity or enforceability of this Agreement, or (b) if determined adversely
to Seller, would have a material adverse effect on the ability of Seller to
perform its obligations under this Agreement.
9.1.5. To Seller’s knowledge, there are no wells or sewage treatment systems
located on any portion of the Property. To Seller’s knowledge, there has
been no methamphetamine production on or about any portion of the
Property. To Seller’s knowledge, the sewage generated by the Property,
if any, goes to a facility permitted by the Minnesota Pollution Control
Agency and there is no “individual sewage treatment system” (as defined
in Minnesota Statutes § 115.55, Subd. 1(g)) located on the Property.
9.1.6. Seller is not a “foreign person,” “foreign corporation,” “foreign trust,”
“foreign estate” or “disregarded entity” as those terms are defined in
Section 1445 of the Internal Revenue Code.
9.1.7. To Seller’s knowledge, except as may be disclosed as part of the Due
Diligence Materials, (i) no condition exists on the Property that may
support a claim or cause of action under any Environmental Law (as
defined below) and there are no Hazardous Substances (as defined below)
on the Property, (ii) there has been no release, spill, leak or other
contamination or otherwise onto the Property, and (iii) there are no
restrictions, clean ups or remediation plans regarding the Property. To
Seller’s knowledge, except as may be disclosed as part of the Due
Diligence Materials, there is no buried waste or debris on any portion of
the Property. “Environmental Law” shall mean (a) the Comprehensive
Environmental Response Compensation and Liability Act of 1980, 42
U.S.C. § 9601-9657, as amended, or any similar state law or local
ordinance, (b) the Resource Conservation and Recovery Act of 1976, 42
U.S.C. § 6901, et seq., (c) the Federal Water Pollution Control Act, 33
U.S.C. § 1251 et seq., (d) the Clean Air Act, 42 U.S.C. § 7401, et seq., (e)
the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., (f) the Safe
Drinking Water Act, 42 U.S.C. § 300(f) et seq., (g) any law or regulation
governing aboveground or underground storage tanks, (h) any other
federal, state, county, municipal, local or other statute, law, ordinance or
regulation, including, without limitation, the Minnesota Environmental
Response and Liability Act, Minn. Stat. § 115B.01, et seq., (i) all rules or
regulations promulgated under any of the foregoing, and (j) any
amendments of the foregoing. “Hazardous Substances” shall mean
polychlorinated biphenyls, petroleum, including crude oil or any fraction
thereof, petroleum products, heating oil, natural gas, natural gas liquids,
liquefied natural gas or synthetic gas usable for fuel, and shall include,
without limitation, substances defined as “hazardous substances,” “toxic
substances,” “hazardous waste,” “pollutants or contaminants” or similar
substances under any Environmental Law.
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9.1.8. There are no unrecorded contracts of any nature or type relating to,
affecting or serving the Property, to which the Seller is a party.
9.1.9. There will be no indebtedness attributable to the Property which will
remain unpaid after the Closing Date.
The representations, warranties and other provisions of this Section 9.1 shall
survive Closing for a period of one (1) year from the Closing Date; provided,
however that Seller shall have no liability with respect to a breach of the
representations and warranties set forth in this Agreement if City has actual
knowledge of Seller’s breach thereof prior to Closing and City consummates the
acquisition of the Property as provided herein.
City acknowledges and agrees that, except as expressly specified in this Section 9
of this Agreement, Seller has not made, and Seller hereby specifically disclaims,
any representation, warranty or covenant of any kind, oral or written, expressed or
implied, or rising by operation of law, with respect to the Property, including but
not limited to, any warranties or representations as to the habitability,
merchantability, fitness for a particular purpose, title, zoning, tax consequences,
physical or environmental condition, utilities, valuation, governmental approvals,
the compliance of the Property with governmental laws, the truth, accuracy or
completeness of any information provided by or on behalf of Seller to City, or any
other matter or item regarding the Property. City agrees to accept the Property and
acknowledges that the sale of the Property as provided for herein is made by Seller
on an “AS IS,” “WHERE IS,” and “WITH ALL FAULTS” basis. The limitations
set forth in this paragraph shall survive the Closing and shall not merge in the deed.
9.2. By City. City warrants and represents the following to Seller, and acknowledges
that Seller has relied on such representations and warranties in agreeing to enter
into this Agreement:
9.2.1. City has all requisite authority to enter into this Agreement and to perform
all of its obligations under this Agreement.
9.2.1. The execution, delivery and performance by City of this Agreement will not
(a) violate any provision of any law, statute, rule or regulation or any order,
writ, judgment, injunction, decree, determination or award of any court,
governmental agency or arbitrator presently in effect having applicability to
City, (b) violate or contravene any provision of the articles of incorporation
or bylaws of City, or (c) result in a breach of or constitute a default under
any indenture, loan or credit agreement or any other agreement, lease or
instrument to which City is a party or by which it or any of its properties
may be bound.
The representations, warranties and other provisions of this Section 9.2 shall
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survive Closing; provided, however, City shall have no liability with respect to any
breach of a particular representation or warranty if Seller shall fail to notify City in
writing of such breach within one (1) year after the Closing Date.
10. Additional Obligations of Seller.
10.1. Licenses and Permits. With consent of City, Seller shall transfer to City all
transferable rights, if any, in any permits or licenses held by Seller with respect to
the Property.
10.2. Condition of Property at Closing. On the Closing Date, Seller shall deliver to
City exclusive possession of the Property. Seller agrees that following the Closing,
City may dispose of any trash or personal property remaining on the Property, in
City’s sole discretion, and that any such items shall, after Closing, be considered
abandoned. Seller shall indemnify City for a period of one (1) year with regard to
claims of conversion brought with respect to personal property present on the
Property at Closing. Seller shall be allowed to remove the rooftop units within a
reasonable time after notice from the City that the Property is vacant. If the rooftop
units are not removed within the time specified in the City’s notice, they shall be
considered abandoned.
10.3. Further Assurances. From and after the Closing Date, Seller agrees to execute,
acknowledge and deliver to City such other documents or instruments of transfer
or conveyance as may be reasonably required to carry out its obligations pursuant
to this Agreement.
10.4. Non-Assumption of Contracts or Other Obligations. The parties understand
and agree that City is only acquiring certain of Seller’s real property assets and that
this Agreement and any related agreements shall not be construed to be in any
manner whatsoever an assumption by City of any agreements, indebtedness,
obligations or liabilities of Seller which are owing with respect to the operation of
the Property prior to the Closing Date.
10.5. Mortgages. On or before the Closing Date, Seller shall satisfy all mortgage and/or
lien indebtedness with respect to all or any portion of the Property and shall obtain
recordable releases of the Property from any and all such mortgages or other liens
affecting all or any portion of the Property. Notwithstanding the foregoing, Seller
shall not be obligated to satisfy any liens that result from City’s Investigations.
10.5 Marketing. At all times prior to the Closing Date, Seller shall not negotiate in any
manner for the sale or transfer of the Property with any third party.
11. No Broker. It is acknowledged that there is not a broker for City. It is acknowledged that
Sellers are licensed real estate professionals. Seller shall pay any commission due to
Seller’s licensed real estate professionals at closing.
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12. Notice. Any notice to be given by one party hereto shall be personally delivered (including
messenger delivery) or be sent by registered or certified mail, or by a nationally recognized
overnight courier which issues a receipt, in each case postage prepaid, to the other party at
the addresses in this Section (or to such other address as may be designated by notice given
pursuant to this Section), and shall be deemed given upon personal delivery, three (3) days
after the date postmarked or one (1) business day after delivery to such overnight courier.
If to City: City of Hastings
Attn: City Administrator
101 4th Street East
Hastings, MN 55033
with a copy to: Korine L. Land
LeVander, Gillen & Miller, P.A.
633 South Concord Street, Suite 400
South St. Paul, MN 55075
If to Seller: JoCor Holdings LLC
Attn: Joseph T. Schnell
223 S Broad St Ste #103
Mankato, MN 56001
with a copy to:
13. Default; Remedies. If either Seller or City fails to perform any of their respective
obligations under this Agreement in accordance with its terms, and such failing party does
not cure such failure within thirty (30) days after written notice thereof from the other party
(provided that no notice or cure period shall be required for obligations to be performed at
Closing), then the other party shall have the right to terminate this Agreement by giving
the failing party written notice of such election. In the case of any default by City, Seller’s
sole and exclusive remedy shall be termination of this Agreement as provided above and
retention of Earnest Money. In the case of any default by Seller, the Earnest Money shall
be returned to City and City shall also have the right to specifically enforce this Agreement.
14. Cumulative Rights. No right or remedy conferred or reserved to Seller or City is intended
to be exclusive of any other right or remedy herein or by law provided, but each shall be
cumulative in and in addition to every other right or remedy existing at law, in equity or
by statute, now or hereafter.
15. Entire Agreement; Modification. This written Agreement constitutes the complete
agreement between the parties with respect to this transaction and supersedes any prior oral
or written agreements between the parties regarding this transaction. There are no verbal
agreements that change this Agreement and no waiver of any of its terms will be effective
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unless in a writing executed by the parties.
16. Binding Effect; Survival. This Agreement binds and benefits the parties and their
respective successors and assigns. City may not assign this Agreement without the prior
written consent of the Seller. All representations and warranties, and indemnification
obligations of the parties hereto shall survive the Closing.
17. Governing Law. The provisions of this Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota. Any legal action related to this
Agreement shall be venued in Dakota County District Court.
18. Rules of Interpretation. The words “herein” and “hereof” and words of similar import,
without reference to any particular section or subdivision, refer to this Agreement as a
whole rather than any particular section or subdivision hereof. References herein to any
particular section or subdivision hereof are to the section or subdivision of this Agreement
as originally executed.
19. Titles of Sections. Any titles of the sections, or any subsections, of the Agreement are
inserted for convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
20. Counterparts; Facsimiles. This Agreement may be executed in any number of
counterparts, and all of the signatures to this Agreement taken together shall constitute one
and the same agreement, and any of the parties hereto may execute such agreement by
signing any such counterpart. Facsimile or “PDF” signatures on this Agreement shall be
treated as originals.
21. Represented by Counsel. Each party confirms that it has had the opportunity to be
represented and advised by counsel in this transaction.
22. Time of the Essence. Time is of the essence of this Agreement.
23. 1031 Exchange. Either party may elect to enter into the transaction contemplated under
this Agreement as part of a like-kind exchange within the meaning of Section 1031 of the
Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder.
Seller and Buyer agree to cooperate reasonably with each other in order to implement any
such exchange provided that: (a) the Closing shall not be delayed or affected by reason of
such exchange nor shall the consummation or accomplishment of the exchange be a
condition precedent or condition subsequent to any party’s obligations under this
Agreement; and (b) no party shall be required to acquire or hold title to any real property
for purposes of consummating the other party’s exchange. The parties acknowledge that
any exchange shall be at no cost to the non-exchanging party and shall not release or
diminish their respective obligations and liability under this Agreement.
[remainder of page intentionally left blank]
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IN AGREEMENT, the parties hereto have hereunto set their hands as of the date
hereinbefore first written.
SELLER:
JOCOR HOLDINGS LLC
By
Joseph T. Schnell
Manager
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CITY:
CITY OF HASTINGS
By ________________________________
Mary Fasbender
Its Mayor
By ________________________________
Kelly Murtaugh
Its City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Real property located in Dakota County Minnesota legally described as follows:
[Title Commitment legal description to govern]
Abstract Property
PIDs: 19-02900-05-010
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